AGENDA Wednesday – May 12, 2021 – 5:30 PM Douglas County Public Services Building Hearing Room 140 19th Street NW, East Wenatchee, WA
NOTICE, in consideration of the current COVID-19 pandemic the meeting is closed to in person attendance. The meeting will be held via Zoom teleconference, attend by phone at 1-253-215-8782, Meeting ID: 937 9170 7816, Password: 520623 or online at: https://zoom.us/j/93791707816?pwd=c25FOGo4QlpUZ3BzME0xek1TMy9hQT09
I. CALL MEETING TO ORDER – Roll Call of Planning Commissioners
II. ADMINISTRATIVE PROCEDURES a) Review minutes of the April 14, 2021 Planning Commission meeting.
III. CITIZEN COMMENT The planning commission will allocate 15 minutes for citizen comments regarding items not related to the current agenda.
IV. OLD BUSINESS - NONE V. NEW BUSINESS a) A joint Douglas County, WA Department of Ecology public hearing on limited amendments to Douglas County Shoreline Master Program. The proposed amendments are the result of the periodic review process required by RCW Chapter 90.58.080(4).
b) A public hearing to consider adopting City of East Wenatchee Ordinances 2021-05, 2021-06 and 2021-08 regarding amendments to the Greater East Wenatchee Area Comprehensive Plan and Municipal Code as they apply to the unincorporated portions of the City’s urban growth area.
VI. Adjourn
Planning Commission meeting materials available at: http://www.douglascountywa.net/311/Planning-Commission DOUGLAS COUNTY TRANSPORTATION & LAND SERVICES 140 19TH STREET NW, SUITE A • EAST WENATCHEE, WA 98802 PHONE: 509/884-7173 • FAX: 509/886-3954 www.douglascountywa.net
Douglas County Planning Commission
ACTION MINUTES Wednesday, April 14, 2021 Meeting held via Zoom online meeting platform
I. CALL MEETING TO ORDER
The meeting was called to order by Vice Chair Michael Machado at 5:31 P.M.
Douglas County Planning Commission Members Present: Tanya Davis, Michael Machado, Robert Knowles, Dan Beardslee, Molly Linville and David Dufenhorst
Douglas County Staff Present: Land Services Director, Mark Botello County Engineer, Aaron Simmons Curtis Lillquist, Principal Planner
II. ADMINISTRATIVE PROCEDURES
a) Review minutes from the March 10, 2021 Planning Commission meeting.
Commissioner Molly Linville made a motion to approve the minutes. Commissioner David Dufenhorst seconded the motion. The motion passed unanimously.
III. CITIZEN COMMENT - None
IV. OLD BUSINESS - None
V. NEW BUSINESS a) A workshop for the planning commission to receive public comment on the proposed amendments to the Douglas County Shoreline Master Program for the required periodic review.
Principal Planner Lillquist and the consultant team from Anchor QEA gave a presentation reviewing the proposed changes to the shoreline master program resulting from the required periodic review.
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Comment was received from the following members of the public: - Eric Pentico, WA Dept. of Fish and Wildlife - Larry Lehman
Pamela Kromholtz inquired if the proposed changes would have any effect on her ability to expand her deck on the water side of her home. b) A public hearing to consider amendments to DCC Title 12 Road Standards amending the Primitive Roads – Unopened Rights-of-way section
County Engineer Aaron Simmons gave a presentation of the April 1, 2021 staff report. The following findings and conclusions were entered into the record:
Findings of Fact:
1. Douglas County has adopted a Countywide Comprehensive Plan pursuant to the Growth Management Act (GMA) and RCW Chapter 36.70A, and a series of subarea plans for each municipality in the county. These plans have been found to be consistent with each other. 2. Amendments to Title 12 of the Douglas County Code and the SEPA threshold determination and supporting documentation were sent to the Washington State Department of Commerce, pursuant to RCW 36.70A.106, on October 22, 2019. 3. RCW Chapters 36.70 and 36.70A authorize the adoption of amendments the comprehensive plan and development regulations. 4. The Planning Commission is responsible for long range planning matters and providing implementation recommendations to assure compliance with the Growth Management Act. 5. WAC Chapter 51-54A-008 states that “The IFC shall become effective in all counties on 7/1/2016.” 6. RCW Chapter 19.27.110 states that “Each county government shall administer and enforce the IFC in unincorporated areas.” 7. RCW 36.86.020 states that “In the case of roads, the minimum width between shoulders shall be 14 feet with 8 feet of surfacing.” 8. DCC 15.08.010 adopts IFC, Appendix D, Fire Apparatus Access Road.” 9. DCC 15.24.030 states that “Fire apparatus access roads, when required, shall be constructed and maintained in accordance with Chapter 5 of the IFC.” 10. No comments have been received from agencies. 11. No comments have been received from private citizens. 12. The Planning Commission conducted an advertised public hearing on April 14, 2021. The Planning Commission entered into the record the files on this amendment, accepted public testimony, and deliberated the merits of the proposal. 13. The Planning Commission has reviewed the entire record including the goals and policies of the comprehensive plan and public testimony as it relates to the proposed development regulations.
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Conclusions:
1. The procedural and substantive requirements of the State Environmental Policy Act, RCW 36.70A, and DCC Title 14 have been complied with. 2. The Douglas County Countywide Comprehensive Plan and development regulations are consistent with each other. 3. The Douglas County Comprehensive Plan and development regulations are consistent with the Growth Management Act, the Regional Policy Plan, and the adopted comprehensive plans for the cities and towns of Bridgeport, East Wenatchee, Mansfield, Rock Island, and Waterville. 4. Douglas County completed a review of the development regulations as needed to satisfy the requirements of RCW 36.70A.130.
No public comment was submitted during the hearing.
Commissioner Dan Beardslee moved to recommend approval of the amendments. Commissioner Robert Knowles seconded the motion. The motion passed unanimously.
VI. ADJOURNMENT The meeting adjourned at 6:53 P.M.
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STAFF REPORT
TO: Douglas County Planning Commission FROM: Douglas County Land Services Staff
DATE:6B April 30, 2021
I. REQUESTED0B ACTION
Formulate a recommendation to the Board of Commissioners regarding draft-limited amendments to the Douglas County Shoreline Master Program (SMP) to complete the periodic update mandated by RCW 90.58.080. The limited amendments are:
Revisions to ensure consistency with state law and rules amended since County adoption in 2014. Revisions to facilitate better consistency between the master program and the Douglas County Zoning Code (i.e. side yard setbacks, density requirements). Revisions to Administrative provisions. Other limited amendments including definitions; provisions to address wildfire and handicap access; and edits to improve clarity.
A summary of the proposed amendments are found in the WA Dept. of Ecology’s Periodic Review Checklist found in Attachment A.
The specific text of the proposed amendments are included with this staff report in Attachment D.
II. ENVIRONMENTAL1B REVIEW
Douglas County Issued a Determination of Non-significance on February 25, 2021.
III. PUBLIC3BP PROCESS
Notice for the public workshops, public comment periods and the public hearing were emailed to the agencies and individuals on the shoreline master program amendment interested parties list. Notice for the public comment periods and public hearing were published in the Wenatchee World and Empire Press. The draft amendments were made available on the Douglas County website and at the Douglas County Public Services Building in East Wenatchee. Public review followed the timeline below:
September 23, 2020 – Douglas County held a public workshop to provide information about the periodic review process and solicit early input from the public regarding potential amendments to the shoreline master program. March 1, 2021 – Douglas County submitted the limited amendments to the Washington State Department of Commerce and to the public for 60 day review in accordance with RCW 36.70A.106.
2021 SMP Periodic Update Staff Report Page 1 March 10, 2021 – Douglas County Planning Commission workshop to review proposed amendments. April 8, 2021 – Douglas County submitted the limited amendments to the Washington State Department of Ecology and to the public for 30-day review in accordance with WAC 173-26-100. April 14, 2021 – Douglas County Planning Commission Workshop to receive public comment. May 12, 2021 – Douglas County Planning Commission/WA Department of Ecology Joint Public Hearing.
IV. APPLICABLE POLICY
RCW 90.58.020 Legislative findings – State policy enunciated – User preference It is the policy of the State to provide for the management of the shorelines of the State by planning for and fostering all reasonable and appropriate uses. This policy is designed to insure the development of these shorelines in a manner which, while allowing for limited reduction of rights of the public in the navigable waters, will promote and enhance the public interest. This policy contemplates protecting against adverse effects to the public health, the land and its vegetation and wildlife, and the waters of the State and their aquatic life, while protecting generally public rights of navigation and corollary rights incidental thereto.
The legislature declares that the interest of all of the people shall be paramount in the management of shorelines of statewide significance. The department, in adopting guidelines for shorelines of statewide significance, and local government, in developing master programs for shorelines of statewide significance, shall given preference to uses in the following order of preference which:
(1) Recognize and protect the statewide interest over local interest; (2) Preserve the natural character of the shoreline; (3) Result in long term over short term benefit; (4) Protect the resources and ecology of the shoreline; (5) Increase public access to publicly owned areas of the shoreline; (6) Provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary.
In the implementation of this policy the public’s opportunity to enjoy the physical and aesthetic qualities of natural shorelines of the State shall be preserved to the greatest extent feasible consistent with the overall best interest of the State and the people generally. To this end uses shall be preferred which are consistent with control of pollution and prevention of damage to the natural environment or are unique to or dependent upon use of the State’s shoreline. Alterations of the natural condition of the shoreline of the State, in those limited instances when authorized, shall be given priority for single family residences, ports, shoreline 2021 SMP Periodic Update Staff Report Page 2 recreational uses including but not limited to parks, marinas, piers, and other improvements facilitating public access to shorelines of the State, industrial and commercial developments which are particularly dependent on their location on or use the shorelines of the State, and other development that will provide an opportunity for substantial numbers of the people to enjoy the shorelines of the State. Alterations of the natural condition of the shoreline and shorelands of the state shall be recognized by the department.
Permitted uses in the shorelines of the State shall be designed and conducted in a manner to minimize, insofar as practical, any resultant damage to the ecology and environment of the shoreline area and any interference with the public’s use of the water.
RCW 90.58.080 Timetable for local governments to develop or amend master programs – Review of master programs – Grants
(4)(a) Following the updates required by subsection (2) of this section, local governments shall conduct a review of their master programs at least once every eight years as required by (b) of this subsection. Following the required require by this subsection (4), local governments shall, if necessary, revise their master programs. The purpose of the review is: (i) To assure that the master program complies with applicable law and guidelines in effect at the time of the review; and (ii) To assure consistency of the master program with the local government’s comprehensive plan and development regulations adopted under chapter 36.70A RCW, if applicable, and other local requirements, (4)(b) Counties and cities shall take action to review and, if necessary, revise their master programs as required by (a) of this subsection as follows: (iii) On or before June 30, 2021, and every eight years thereafter for Benton, Chelan, Cowlitz, Douglas, Grant, Kittitas, Lewis, Skamania, Spokane, and Yakima counties and the cities within those counties.
WAC 173-26-186 Governing principles of the guidelines (9) To the extent consistent with the policy and use preference of RCW 90.58.020, this chapter (chapter 173-26 WAC), and these principles, local governments have reasonable discretion to balance the various policy goals of this chapter, in light of other relevant local, state, and federal regulatory and nonregulatory programs, and to modify master programs to reflect changing circumstances. (10) Local governments, in adopting and amending master programs and the department in its review capacity shall, to the extent feasible, as required by RCW 90.50.100(1): (a) Utilize a systematic interdisciplinary approach which will insure the integrated use of the natural and social sciences and the environmental design arts; (b) Consult with and obtain the comments of any federal, state, regional, or local agency having any special expertise with respect to any environmental impact;
2021 SMP Periodic Update Staff Report Page 3 (c) Consider all plans, studies, surveys, inventories, and systems of classification made or being made by federal, state, regional, or local agencies, by private individuals, or by organizations dealing with pertinent shoreline of the state; (d) Conduct or support such further research, studies, surveys, and interviews as are deemed necessary; (e) Utilize all available information regarding hydrology, geography, topography, ecology, economics, and other pertinent data; (f) Employ, when feasible, all appropriate, modern scientific data processing and computer techniques to store, index, analyze, and manage the information gathered.
DOUGLAS COUNTY SHORELINE MASTER PROGRAM Section 1.3 Purpose and intent The purpose and intent of this SMP are to: 1. To promote the public health, safety and general welfare of the community by providing long range, comprehensive policies and effective, reasonable regulations for development and use of shorelines within Douglas County and it’s applicable jurisdictions; 2. To manage shoreline in a positive, effective and equitable manner; and 3. To further assume and carry out the responsibilities established by the Act for the participating jurisdictions, and to adopt and foster the following policy contained in RCW 90.58.020 for shorelines of the State:
V. AGENCY AND PUBLIC COMMENTS:
Comment from 4 people have been submitted as of the writing of this staff report.
- Jeanne Braden - Eric Pentico – WDFW - Larry Lehman - Pamela Kromholtz
The written comment emailed from Larry Lehman and WA Department of Fish and Wildlife are included with this staff report as Attachment B.
A comment response matrix is enclosed with this staff report as Attachment C. The matrix responds to all comments received as of the writing of this staff report.
VI. PROJECT4B ANALYSIS
The Washington State Shoreline Management Act (SMA) was passed by the Legislature in 1971 and adopted by a vote of Washington’s citizens in a 1972 referendum (RCW 90.58). The goal of the Shoreline Management Act is “to prevent the inherent harm in an uncoordinated and piecemeal development of the state’s shorelines.” The Act also recognizes that “shorelines are among the most valuable and fragile” of the state’s resources.
2021 SMP Periodic Update Staff Report Page 4 The Act provides for the management and protection of the states shoreline resources by requiring planning for their reasonable and appropriate use. This area, designated to be regulated under the Act, generally includes lands within two hundred (200) feet of the shoreline.
The Shoreline Management Act establishes a balance of authority between local and state government. Cities and counties have the primary review responsibility for development along their shorelines, and the state (through the Department of Ecology) has authority to review local master programs and local shoreline development permit decisions.
The Douglas County Shoreline Master Program was originally adopted in 1975. A major revision was completed in 2009. Since 2009, 2 small limited amendments were approved to capitalize on changes to the state law. Commencing in 2018 and extending through 2020, the County went through a process to review and update its shoreline buffers based on the current best available science for semi-arid environments in Eastern Washington. The shoreline buffers were amended through the optional joint review process. Douglas County adopted amendments from this process in Ordinance TLS 20-07-19C. Final approval from the WA Department of Ecology of this amendment was effective January 26, 2021.
RCW.58.080 requires that Douglas County take action to review, and if necessary, revise it’s shoreline master program on or before June 30, 2021. In 2020, the county contracted with Anchor QEA to perform the review of the other areas of the master program, develop recommended revisions, if necessary, assist the county with the public process and coordinate with Washington Department of Ecology and other agencies.
The amendments proposed during this periodic review ensures consistency with; state law, changes to County plans and codes; and provides revisions to improve administration and permit processing.
2021 SMP Periodic Update Staff Report Page 5 VII. FINDINGS AND CONCLUSIONS:
Staff offers suggested findings of fact and conclusions for consideration by the planning commission:
Suggested motion to the Douglas County Planning Commission: I make a motion that the Planning Commission recommend adoption of the proposed amendments to the Douglas County Shoreline Master Program.
This motion is made based on the findings and conclusions contained in the April 30, 2021 staff report.
Suggested Findings of Fact
1. The proposed action is to adopt the following limited amendments to the Douglas County Regional Shoreline Master Program: 1.1 Revisions to ensure consistency with state law and rules amended since County adoption in 2009. 1.2 Revisions to facilitate better consistency between the master program and the Douglas County Zoning Code (i.e. side yard setbacks, density requirements). 1.3 . Revisions to Administrative provisions 1.4 Other limited amendments including definitions; provisions to address wildfire and handicap access; and edits to improve clarity. 2. The Washington State Legislature passed the Washington State Shoreline Management Act (RCW 90.58 [SMA]) in June 1971 and it was passed by public initiative in 1972. Under the SMA, each county and city is required to adopt and administer a local shoreline master program to carry out the provisions of the Act. 3. The Shoreline Master Program Guidelines (WAC 173-26) are the standards and guidance that have been adopted by the Department of Ecology which local governments must follow in drafting their local shoreline management programs. 4. The Douglas County Shoreline Master Program was originally adopted in 1975. A major revision was completed in 2009. Since 2009, 2 small limited amendments were approved to capitalize on changes to the state law. 5. Commencing in 2018 and extending through 2020, the County went through a process to review and update its shoreline buffers based on the current best available science for semi-arid environments in Eastern Washington. The shoreline buffers were amended through the optional joint review process. Douglas County adopted amendments from this process in Ordinance TLS 20-07-19C. Final approval from the WA Department of Ecology of this amendment was effective January 26, 2021. 6. RCW 90.58.080(4) requires that Douglas County take action to review, and if necessary, revise it’s shoreline master program on or before June 30, 2021.
2021 SMP Periodic Update Staff Report Page 6 7. Douglas County elected to follow the optional joint review process consistent with WAC 173-26-104 8. WAC 173-26-186 (9) states that local governments have reasonable discretion to balance the various policy goals of this chapter, in light of other relevant local, state, and federal regulatory and nonregulatory programs, and to modify master programs to reflect changing circumstances consistent RCW 90.58.020 and WAC 173-26. 9. The first purpose and intent of the Douglas County Shoreline Master Program is to promote the public health, safety and general welfare of the community by providing long range, comprehensive policies and effective, reasonable regulations for development and use of shorelines within Douglas County and it’s applicable jurisdictions. 10. Douglas County held a public workshop on September 23, 2020 to provide information about the periodic review process and solicit early input from the public regarding potential amendments to the shoreline master program. 11. The Douglas County Planning Commission conducted workshops on March 10, 2021 and April 14, 2021 regarding the proposed amendments to the shoreline master program. 12. The Planning Commission is responsible for long range planning matters and providing implementation recommendations to assure compliance with the Shoreline Management Act and the Growth Management Act. 13. Pursuant to the SMA, RCW 90.58.050, Douglas County and the Washington State Department of Ecology share joint authority and responsibility for the administration of the Douglas County Regional Shoreline Master Program. 14. Douglas County issued a Determination of Nonsignificance for the proposed amendments in accordance with WAC 197-11-340(2) on February 25, 2021. The comment period ended on April 29, 2021. 15. Douglas County initiated a 60-day comment period as required by RCW 36.70A.106 on March 1, 2021. The comment period concluded on April 29, 2021. 16. The amendments and environmental documentation have been posted on the County’s website during the comment period. 17. Douglas County, along with the WA State Dept. of Ecology, issued a Joint Notice of Public Comment Period, SEPA DNS and Public Hearing Notice for a Douglas County Shoreline Master Program Limited Amendment on April 8, 2021 pursuant to RCW 90.58.030, WAC 173-26-104 and RCW 90.58.090. The public comment ends on May 8, 2021. 18. The Joint Notice of Public Hearing before the Planning Commission and the Washington Department of Ecology was published in the Wenatchee World and Empire Press on April 29, 2021. 19. Notice of Public Hearing was emailed to the County’s Shoreline Interested Parties list and commenters. Notice was also posted on the County’s website. 20. Written comment was received from the following during the comment periods: 17.1 Jeanne Braden 17.2 Larry Lehman, Grette Associates 17.3 Eric Pentico, WDFW 17.4 Pamela Kromholtz
2021 SMP Periodic Update Staff Report Page 7 21. The amendments are consistent with all applicable policies and standards of the Shoreline Management Act. 22. The Planning Commission conducted an advertised public hearing on May 12, 2021. The Planning Commission entered into the record the files on this amendment, accepted public testimony, and deliberated the merits of the proposal.
SuggestedU Conclusions:
1. The requirements of WAC 173-26-104 have been complied with. 2. The procedural requirements of RCW 36.70A have been complied with. 3. The procedural and substantive requirements of the State Environmental Policy Act have been complied with. 4. The proposed amendments are consistent with the Douglas County Regional Policy Plan, the Douglas County Countywide Comprehensive Plan and the Greater East Wenatchee Area Comprehensive Plan. 5. The proposed amendments are consistent with the requirements of Revised Code of Washington and the Washington Administrative Code.
2021 SMP Periodic Update Staff Report Page 8 DRAFT Working Document – for Review and Discussion
SHORELINE MASTER PROGRAM PERIODIC REVIEW Periodic Review Checklist This document is intended for use by counties, cities and towns subject to the Shoreline Management Act (SMA) to conduct the “periodic review” of their Shoreline Master Programs (SMPs). This review is intended to keep SMPs current with amendments to state laws or rules, changes to local plans and regulations, and changes to address local circumstances, new information or improved data. The review is required under the SMA at RCW 90.58.080(4). Ecology’s rule outlining procedures for conducting these reviews is at WAC 173-26-090. This checklist summarizes amendments to state law, rules and applicable updated guidance adopted between 2007 and 2019 that may trigger the need for local SMP amendments during periodic reviews.
How to use this checklist See the associated Periodic Review Checklist Guidance for a description of each item, relevant links, review considerations, and example language.
At the beginning of the periodic review, use the review column to document review considerations and determine if local amendments are needed to maintain compliance. See WAC 173-26-090(3)(b)(i). Ecology recommends reviewing all items on the checklist. Some items on the checklist prior to the local SMP adoption may be relevant.
At the end of your review process, use the checklist as a final summary identifying your final action, indicating where the SMP addresses applicable amended laws, or indicate where no action is needed. See WAC 173-26-090(3)(d)(ii)(D), and WAC 173-26-110(9)(b). Local governments should coordinate with their assigned Ecology regional planner for more information on how to use this checklist and conduct the periodic review.
Shoreline Master Program Periodic Review Checklist 1 October 2020
ATTACHMENT A DRAFT Working Document – for Review and Discussion
Prepared By Jurisdiction Date Anchor QEA, LLC Douglas County April 2021
Row Summary of change Review Action 2019 a. OFM adjusted the cost threshold SMP already cross-references No action required. for building freshwater docks WAC 173-27-040 for exempt developments. b. The Legislature removed the Douglas County does not have No action required. requirement for a shoreline any open water disposal sites permit for disposal of dredged managed by DMMP. materials at Dredged Material Management Program sites (applies to 9 jurisdictions) c. The Legislature added restoring These species do not occur in No action required. native kelp, eelgrass beds and Douglas County. native oysters as fish habitat enhancement projects. 2017 a. OFM adjusted the cost threshold SMP already cross-references No action required. for substantial development to RCW 90.58.030 for exempt $7,047. developments. b. Ecology permit rules clarified the SMP Definition of Added clarification to definition of “development” Development (Chapter 8.67) definition that “Development” does not include dismantling or does not include dismantling does not include dismantling removing structures. or removing structures. or removing structures if there is no other associated development or re-development. Added to SMP Chapter 8 definition to be consistent with updated Chapter 1.7 c. Ecology adopted rules clarifying SMP does not clarify Added SMA exceptions to exceptions to local review under exceptions to local review Chapter 1.7 “Applicability.” the SMA. under the SMA for remedial hazardous substance cleanup actions; boatyard improvements; and, certain WSDOT maintenance and safety projects. d. Ecology amended rules clarifying Chapter 7 includes permit No action required. permit filing procedures filing procedures and consistent with a 2011 statute. incorporates WAC 173-27-130 by reference.
Shoreline Master Program Periodic Review Checklist 2 October 2020
ATTACHMENT A DRAFT Working Document – for Review and Discussion
Row Summary of change Review Action e. Ecology amended forestry use SMP does not make the No action required. regulations to clarify that forest clarification that forest practices that only involves practices that only involve timber cutting are not SMA timber cutting are not SMA “developments” and do not “developments” and do not require SDPs. require SDPs. However, while some forest lands are located in Douglas County, they do not meet the definition of forest lands of long-term commercial significance. f. Ecology clarified the SMA does Lands under exclusive federal Added update to Chapter 1.7 not apply to lands under jurisdiction are not currently regarding lands under exclusive federal jurisdiction mentioned in the SMP. exclusive federal jurisdiction. g. Ecology clarified “default” SMP 8.177 definitions for non Separated nonconforming provisions for nonconforming conforming uses and uses, nonconforming uses and development. development are not structures, and separated. nonconforming lots in definitions in Chapter 8. h. Ecology adopted rule The SMP does not currently Discussion of 2021 periodic amendments to clarify the scope describe the periodic review review added to Chapter 1.5. and process for conducting scope and procedures. periodic reviews. i. Ecology adopted a new rule Chapter 6.18 already No action required. creating an optional SMP describes the amendment amendment process that allows processs. for a shared local/state public comment period. j. Submittal to Ecology of proposed The SMP does not currently No action required. SMP amendments. include a description of the SMP submittal process. 2016 a. The Legislature created a new Chapters 5.11 and 5.12 of the Text added to Chapters 5.11 shoreline permit exemption for SMP do not currently address and 5.12 related to increasing retrofitting existing structure to accessible facilities. access for those with comply with the Americans with disabilities consistent with the Disabilities Act. minimum requirements of the United States Access Board’s Accessibility Standards for Federal Outdoor Developed Areas that also maintain shoreline habitat functions and values. b. Ecology updated wetlands The SMP references the No action required. critical areas guidance including Ecology wetlands rating
Shoreline Master Program Periodic Review Checklist 3 October 2020
ATTACHMENT A DRAFT Working Document – for Review and Discussion
Row Summary of change Review Action implementation guidance for the system in Appendix H critical 2014 wetlands rating system. areas regulations, Chapter 2. 2015 a. The Legislature adopted a 90-day WSDOT projects not No action required. target for local review of mentioned in the SMP. Washington State Department of Transportation (WSDOT) projects.
Additional amendments Modify this section, as needed, to reflect additional review issues and related amendments. The summary of change could be about Comprehensive Plan and Development regulations, changes to local circumstance, new information, or improved data.
SMP Section Summary of change Discussion 1.5 Added brief description of the periodic This section should reflect current review process, including public periodic review and update process. workshops and opportunities for comment. 1.7 Added introductory text and listed Added exceptions consistent with RCW SMP exceptions consistent with RCW 90.58, included those described above 90.58. in this SMP Checklist. 1.13 Updated effective date text to clarify Clarification needed regarding process. that the program and amendments are effective 14 calendar days from the date of Ecology’s written notice of final action. 2.5 Added an objective to the shoreline Added new objective to support other use element to balance wildfire safety limited amendments. and fuel reduction with shoreline buffer functions and values. 3.10 Added text preceding the Table 1 Use Clarification needed regarding process. Matrix clarifying the uses and modifications listed within the table; accessory and appurtent use considerations; and conflicts between SMP authorized uses compared to underlying zoning regulations. 3.10 Table 1 Use Updated multiple uses from Updated permit review processes to Matrix Conditional Use to SSDP. reduce administrative burden.
Shoreline Master Program Periodic Review Checklist 4 October 2020
ATTACHMENT A DRAFT Working Document – for Review and Discussion
SMP Section Summary of change Discussion 4.1 Added text to clarify compensatory Clarification needed regarding process. mitigation approaches and preferences. 4.3 Removed text regarding management Deleted duplicative text. and mitigation plans that is already described in in Chapter 4.1. 4.3 Added text related to fire protection Updating regulations to be consistent for existing residential structures. with Firewise and other programs designed to protect existing residential structures. 5.10 Added clarification to Regulation 1 Clarification needed regarding County that community and joint use docks requirements shall have no more than one slip per lot unless additional moorage is required by other agencies or utilities with jurisdiction. 5.10 Added clarification related to moorage Clarification needed regarding County facilities allowances for lots, including requirements. for joint use or community docks. 5.10 Added clarification that covered Clarification needed regarding County moorage for emergency vessels may requirements. be permitted where construction will result in no net loss of ecological functions and values. 5.11 and 5.12 Added policies and regulations related Access is encouraged under the SMA. to compliance with United States Access Board’s Accessibility Standards for Federal Outdoor Developed Areas. 5.12 Removed the word “default” from This edit was a miss from the previous common line buffer/setback amendment process by the County. description. 5.12 Added text related to nonconforming Clarification needed regarding process residential structures, including an and requirements. increase in the allowable area expansion of a structure from 25% to 40% and clarifying mitigation requirements. 5.12 Added new Regulation #11 relocating Clarification needed in response to the requirement that submerged comments on Section 5.13. lands cannot be used for density calculations from Section 5.13. 5.13 Removed side yard setbacks from Removed side yard setbacks to defer to Table 2. underlying zoning regulations. 5.13 Deleted Regulation #9 – density of Clarification needed regarding County development – in response to zoning requirements.
Shoreline Master Program Periodic Review Checklist 5 October 2020
ATTACHMENT A DRAFT Working Document – for Review and Discussion
SMP Section Summary of change Discussion conflicts and regulations outside of the scope of the SMP. Density calculations details were relocated to Section 5.12. 6.5(2) Replaced text clarifying timeline for Clarification needed regarding process. substantive amendments to the SMP. 6.5(3) Deleted SSDP text. Proposed revisions will change all SSDPs to administrative review consistent with updates to Chapter 7. 7.3(030) Updated text to provide Administrator Clarification needed regarding review the authority to evaluate SSDP under process. quasi-judicial review on a case-by-case basis. 7.3(040) Moved SSDPs to administrative Clarification needed regarding review process, unless determined otherwise process. by Administrator. 8(1) Updated Accessory definition to be Updated definition for clarification. consistent with SMA. 8(17) Added swimming pool as an Updated definition for clarification. appurtentant structure. 8(36) Added text clarifying buffer Updated definition for clarification. allowances and cross-references to critical areas regulations. 8(46) Updated cluster development Updated definition for clarification. definition to be consistent with SMA. 8(67) Updated definition to state that Updated definition for clarification. Development does not include dismantling or removing structures if there is no other associated development or re-development. 8(71) Updated definition of dock to include Updated definition for clarification. “consisting of any combination of fixed pier, gangway, and/or float.” 8(183) Updated off-site mitigation definition Updated definition for clarification. to be consistent with SMA.
Shoreline Master Program Periodic Review Checklist 6 October 2020
ATTACHMENT A Curtis Lillquist (x6588)
From: Larry Lehman
[EXTERNAL MESSAGE]
Afternoon all Just wanted to send this over to provide some possible new language and some overall comments on a couple of sections of the SMP. Thought this would be easiest. I mostly focused on the changes and didn't really look much into other sections as the current code works pretty well.
I am planning on sitting in on the Zoom call tonight, but I have youth group at 6pm.
Thanks Larry
Larry Lehman Senior Biologist GRETIE ASSOCIATES,LLC A BBB Accredited Business 151 S Worthen St. Suite 101 Wenatchee, WA 98801 509-663-6300 Phone 509-630-7916 Cell 509-664-1882 Fax www.gretteassociates.com
Notice: This communication may contain privileged or other confidential information. If you have received it in error, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you.
-----Original Message---- From: Mark Botello (x6577)
Larry, I agree with you. The code needs to be clear for all of us, including property owners. Could you please propose language for Moorage Facilities for us to look at and consider. I can meet with you next week to discuss if you want to meet.
Thanks
Mark
1 ATTACHMENT B 1.7 Applicability[NS2]
1. All proposed uses and development occurring within the shoreline jurisdiction must conform to Chapter 90.58 RCW, the Shoreline Management Act and this Program. All policies, within this SMP or the appendices. are to guide the interpretation and enforcement of the SMP regulations. The policies are not regulations in themselves and. therefore. do not impose requirements beyond those set forth in the regulations. This SMP applies to all development, the construction or exterior alteration of structures; dredging; drilling; dumping; filling; removal of any sand, gravel, minerals or vegetation: bulkheading: driving of piling; placing of obstructions; or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters of the state subject to Chapter 90.58 RCW at any stage of water level. Development does not include the following activities: a. Interior building improvements; b. Exterior structure maintenance activities, including pa inting and roofing, as long as it does not expand the existing footprint of the structure; c. Routine landscape maintenance of established, domestic or ornamental landscaping, such as lawn mowing, shrub and/or groundcover removal, pruning and weeding that does not expand the footprint of the existing landscaped area. Routine maintenance for some landscaping may entail complete removal and replacement~
Seems like it would be good to include the ability for someone to scrape and replace old lawn grass or remove and/or replace landscape shrubs or groundcover. Example would be removal of arborvitae or juniper.
Regulations 1. ~ Community and joint use docks shall have no more than one slip per lot, unless additional moorage is required by other agencies with jurisdiction/ownership. Other forms of moorage to serve new residential development shall be limited to the amount of moorage needed to serve lots within the development with one slip each .
This can be added to Regulation 8. The PLIO (specifically Grant PLIO) can require additional moorage for public use.
7. Moorage facilities shall be the minimum size necessary to meet the needs of the proposed water dependent use and shall observe the following criteria:
a. If allowed, only one private docl, ·....itA one accessory float, ana h ...o .....atercraft lifts (the combination of one boat and one jet ski or other .....atercraft togetAer) a maximum of two (2) moorage facilities (inclusive of docks, floats, buoys, and vessel lifts) shall be permitted on a shoreline lot owned for residential or private recreational use.
Replace above with
a. If allowed, onl" one private docl< with one accessor\, float, and t .....o .....atercraft lifts (tAe combination of one boat and one jet ski or otAeF .....atercraft together) a maximum of two (2)
ATTACHMENT B moorage facilities (inclusive of dock, swim float, buoys, and/or lifts) shall be permitted per individual lot. Float or buoy shall be permitted and installed on applicant's parcel, waterward of the applicant's parcel, or within established easements. Vessel lifts shall be permitted and installed adjacent to the existing dock (single-use, joint-use, or community dock). The location of the vessel lifts at joint use and community docks shall not interfere with the use of the dock by other lot served by the dock. Permitting and installation of moorage facilities will require signature of property owner if no easement exists. For vessel lifts, signature of the responsible homeowners association or signatures of a" lot owners with use rights to the dock will be required to ensure vessel lift does not interfere with joint or community use. Signature of all owners with use rights to the dock will not be required if slips or moorage locations are assigned to individual lots by a recorded joint-use agreement.
7. Common line buffer/setback: A common line wetland or riparian buffer/setback may be utilized for the construction of a single-family residence on an undeveloped lot to accommodate shoreline views that are similar, yet not necessarily equal, to those from adjoining properties. Common line setbacks may be allowed on lots that are adjacent to lots that have a single family residence on one or both adjoining shoreline lots within an urban growth area, a Rural Service Center, the Rural Conservancy shoreline environment or the Shoreline Residential shoreline environment.
The common line buffer/setback shall be determined by:
a. Existing residential dwelling units on both sides: Where there are existing residences on both sides of the proposed residence, the setback shall be calculated the average of adjacent residences' existing setback from the OHWM.
b. Existing residential dwelling unit on one side: Where there is an existing residence within 150 feet of one side the proposed residence, the setback shall be determined as a common line calculated by the adjacent residences' buffer/setback, as measured landward from the OHWM and the default buffer for the adjacent vacant lot.
Not sure the use of the term "default" is correct here as it refers to the old system. Possibly use "underlying" or "established". This is not real critical but seems to be dated unless default buffer is defined somewhere else.
71. "Dock" means all platform structures or anchored devices in or floating upon water bodies to provide moorage for pleasure craft or landing for water-dependent recreation consisting of any combination of fixed pier, gangway, and/or float. Docks include but not limited to floats, swim floats, float plane moorages, and water ski jumps. Excluded are launch ramps.
Other comments-
Consistency with vessel lifts or boatlifts. I would suggest just use term "lifts", This would allow for jetski lift, boatlift, or seaplane lifts.
ATTACHMENT B Use of the term float. I would either call out swim float so it does not get misinterpreted as the moorage float that is part of the dock. FYI, swim floats are not permittable on the Columbia River.
ATTACHMENT B
State of Washington DEPARTMENT OF FISH AND WILDLIFE North Central • Region 2 • 1550 Alder Street NW, Ephrata, WA 98823-9699 Telephone: (509) 754-4624 • Fax: (509) 754-5257
April 28, 2021
Curtis Lillquist, AICP Douglas County Transportation and Land Services 140 19th St. NW East Wenatchee, WA
Dear Curtis,
On behalf of the Washington State Department of Fish and Wildlife (WDFW), thank you for the opportunity to formally comment on the proposed amendments to the Douglas County’s Shoreline Master Program (SMP), as part of the current Periodic Review. We appreciate having been able to coordinate with you early in the process, including providing informal comments and recommendations, which we are pleased to see have been addressed in this final version. As a result, we do not have any further comments regarding the proposed amendments for the Douglas County’s SMP Periodic Review.
We would like to take this opportunity to highlight the completion of both volumes of our updated Priority Habitats and Species (PHS) publications on riparian ecosystems, focusing on the needs of fish and other aquatic wildlife. In May 2018, we released the manuscript of PHS Riparian Ecosystems, Volume 1: Science Synthesis and Management Implications, and in December 2020, we released the final manuscript of PHS Riparian Ecosystems, Volume 2: Management Recommendations. In this second volume, WDFW provides recommendations on how best to apply the science in Volume 1 through the lens of our agency’s mandate. While we do not have specific draft language to recommend incorporating into your SMP during this Periodic Review, WDFW plans to reach out to you later this year to discuss how these newer PHS resources can best be applied to the landscape within Douglas County moving forward.
We understand that updating the Douglas County SMP to comply with state guidelines is a substantial undertaking and we congratulate you on your success in getting to this point. We look forward to continuing to work with the Douglas County staff, its residents, and other customers during implementation of this newly updated SMP.
If you have any questions, please contact me at [email protected] or 509-630-2729.
Sincerely,
ATTACHMENT B Page 2
Cc: Carmen Andonaegui – WDFW Region 2 Habitat Program Manger Amanda Barg – WDFW Region 2 Assistant Habitat Program Manager Mary Huff – WDFW Land Use Conservation & Policy Section Manager Chelsea Benner – DOE Shoreline Planner/Voluntary Stewardship Program Coordinator Lennard Jordan – DOE Senior Regional Shoreline Planner
ATTACHMENT B Douglas County 2021 Shoreline Master Program Periodic Review Updates – Comment Response Matrix State/Local Public Comment Period: April 8 – May 8, 2021 (Matrix updated April 28, 2021) SMP # Date Commenter Chapter Comment(s) Proposed Response
How long will it take for the Department of October 30, The deadline for the approval of the SMP periodic 1 Jeanne Braden N/A ecology to approve the Shoreline Master 2020 review is June 30, 2021. Amendment?
“Regulations (7)(a) ‐ If allowed, a maximum of two (2) moorage facilities (inclusive of docks, floats, buoys, and vessel lifts) shall be permitted on a shoreline lot owned for residential or private recreational use.”
Eric Pentico, This is a change from the previous wording that Washington says, “If allowed, only one private dock with one The County updated SMP Chapter 5.10(7)(a) in March 29, Department of accessory float, and two watercraft lifts (the 2 5.10(7)(a) coordination with WDFW in response to this 2021 Fish and combination of one boat and one jet ski or other comment. Wildlife watercraft together) shall be permitted on a (WDFW) shoreline lot owned for residential or private recreational use. WDFW sees the allowance of potentially a second dock to be a larger impact than other mooring structures. In addition, the phrase ‘If allowed’ is vague. What is the trigger or who makes the determination if two docks are allowed?
Comment noted. Text will stay as‐is. The suggested text could be interpreted to imply that existing Seems like it would be good to include the ability Larry Lehman, vegetation can be removed and/or replaced for someone to scrape and replace old lawn grass April 14, Grette entirely from a landscaped area within a shoreline 3 4.3 (5) or remove and/or replace landscape shrubs or 2021 Associates, buffer without review. A proposal to remove groundcover. Example would be removal of LLC. and/or replace vegetation within the shoreline arborvitae or juniper. buffer must be completed via the standard shoreline review process.
April 14, Larry Lehman, “1. Shared Community and joint use docks shall The County updated SMP Chapter 5.10 language 4 5.10 2021 Grette have no more than one slip per lot, unless consistent with the suggested text.
Page 1 of 4 ATTACHMENT C Douglas County 2021 Shoreline Master Program Periodic Review Updates – Comment Response Matrix State/Local Public Comment Period: April 8 – May 8, 2021 (Matrix updated April 28, 2021) Associates, additional moorage is required by other agencies LLC. with jurisdiction/ownership. Other forms of moorage to serve new residential development shall be limited to the amount of moorage needed to serve lots within the development with one slip each.” This can be added to Regulation 8. The PUD (specifically Grant PUD) can require additional moorage for public use.
a. If allowed, only one private dock with one accessory float, and two watercraft lifts (the combination of one boat and one jet ski or other watercraft together) a maximum of two (2) moorage facilities (inclusive of docks, floats, buoys, and vessel lifts) shall be permitted on a shoreline lot owned for residential or private recreational use. Replace above with a. If allowed, only one private dock with one The County updated SMP Chapter 5.10(7)(a) Larry Lehman, accessory float, and two watercraft lifts (the language consistent with the suggested text. The April 14, Grette 5 5.10 (7)(a) combination of one boat and one jet ski or other County does not believe that asement and 2021 Associates, watercraft together) a maximum of two (2) permitting requirements are not necessary for this LLC. moorage facilities (inclusive of dock, swim float, regulation. buoys, and/or lifts) shall be permitted per individual lot. Float or buoy shall be permitted and installed on applicant’s parcel, waterward of the applicant’s parcel, or within established easements. Vessel lifts shall be permitted and installed adjacent to the existing dock (single‐use, joint‐use, or community dock). The location of the vessel lifts at joint use and community docks shall not interfere with the use of the dock by other lot served by the dock. Permitting and installation of
Page 2 of 4 ATTACHMENT C Douglas County 2021 Shoreline Master Program Periodic Review Updates – Comment Response Matrix State/Local Public Comment Period: April 8 – May 8, 2021 (Matrix updated April 28, 2021) moorage facilities will require signature of property owner if no easement exists. For vessel lifts, signature of the responsible homeowner’s association or signatures of all lot owners with use rights to the dock will be required to ensure vessel lift does not interfere with joint or community use. Signature of all owners with use rights to the dock will not be required if slips or moorage locations are assigned to individual lots by a recorded joint‐ use agreement.”
“b. Existing residential dwelling unit on one side: Where there is an existing residence within 150 feet of one side the proposed residence, the setback shall be determined as a common line calculated by the adjacent residences’ Larry Lehman, buffer/setback, as measured landward from the April 14, Grette The County updated SMP Chapter 5.13(7)(b) to 6 5.13(7)(b) OHWM and the default buffer for the adjacent 2021 Associates, vacant lot.” remove the word “default” as requested. LLC. Not sure the use of the term “default” is correct here as it refers to the old system. Possibly use “underlying” or “established”. This is not real critical but seems to be dated unless default buffer is defined somewhere else.
“71. “Dock” means all platform structures or anchored devices in or floating upon water bodies Larry Lehman, to provide moorage for pleasure craft or landing April 14, Grette 8 for water‐dependent recreation consisting of any The County updated the definition for “dock” in 7 2021 Associates, (Definitions) combination of fixed pier, gangway, and/or float. Chapter 8 consistent with the suggested text. LLC. Docks include but not limited to floats, swim floats, float plane moorages, and water ski jumps. Excluded are launch ramps.”
Page 3 of 4 ATTACHMENT C Douglas County 2021 Shoreline Master Program Periodic Review Updates – Comment Response Matrix State/Local Public Comment Period: April 8 – May 8, 2021 (Matrix updated April 28, 2021) Larry Lehman, Consistency with vessel lifts or boatlifts. I would The County updated the definition consistent with April 14, Grette 8 8 suggest just use term “lifts”. This would allow for the suggested text. “Watercraft lift” and “lift” are 2021 Associates, (Definitions) jetski lift, boatlift, or seaplane lifts. referenced in the SMP. LLC.
Larry Lehman, Use of the term float. I would either call out swim April 14, Grette 8 float so it does not get misinterpreted as the Comment noted. The text will stay as‐is because 9 2021 Associates, (Definitions) moorage float that is part of the dock. FYI, swim other waterbodies do allow swim floats. LLC. floats are not permittable on the Columbia River.
Waterward expansion of existing residential How does a the functional break update to structures will be regulated the same as it typically April 14, Pamela Chapter 5.12 affect a waterward expansion of my 10 5.12 is through the shoreline permitting process. The 2021 Kromholtz existing residential structure if it is within an County will coordinate with you further on this existing paved footprint? question.
In May 2018, WDFW released the manuscript of PHS Ripairian Ecosystems, Volume 1: Science Synthesis and Management Implications, and in December 2020, WDFW released the final manuscript of PHS Riparian Ecosystems, Volume 2: Comment noted. The County looks forward to April 28, 11 WDFW N/A Management Recommendations. WDFW does not continued collaboration with WDFW to protect the 2021 have specific draft language to recommend County’s natural resources. incorporating into the SMP during this perioidic review, but will reach out to discuss how these newer resources can best be applied to the Douglas County landscape.
Page 4 of 4 ATTACHMENT C Douglas County Regional Shoreline Master Program
NOTE: Only sections proposed to be amended are included
Jameson Lake
Last Amended by Ordinance TLS-20-07-19C
Effective Date: January 26, 2021
Douglas County Adopting Ordinances TLS 08-09-32B & TLS 09-08-41B
Effective Date: August 27, 2009
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1.5 Public involvement process, advisory committee and agency coordination Public Information and Outreach-
The participating jurisdictions created a multi-phased approach to involving the public in the development of the SMP throughout the update effort consistent with the Shoreline Management Act (see RCW 90.58.130) and the SMP Guidelines (WAC 173-26). The jurisdictions prepared a public participation plan that identified specific objectives, key stakeholders (planning commissions, citizens, property owners, local and state agencies, cities and the county, tribal governments, neighboring jurisdictions, etc.), and that established timelines for public participation activities.
Multi-jurisdictional Staff Team-
A multi-jurisdictional staff team was formed to support this project. Douglas County provided the primary professional and clerical support and was responsible for project management and contracting. Staff assigned by the cities coordinated the cities’ efforts on shorelines within their respective urban growth areas. In these urban areas the cities were responsible for preparing recommended shoreline environment designations; goals, policies and use regulations for the high intensity and urban conservancy environments; restoration plans; and their respective adoption processes.
The County coordinated the SMP development process with the Department of Ecology, Washington State Department of Fish and Wildlife, tribal governments and other state agencies as required in the SMP update guidelines. In addition, the County consulted with other entities for scientific, technical or cultural information including federal agencies, watershed planning units, conservation districts, public utility districts, and other institutions as needed.
Shoreline Visioning Process-
To provide context, the process of developing the regional SMP began with community- wide visioning sessions to elicit citizen input on what the communities want the shoreline areas to look like 10-20 years from now. Citizens and interest groups were asked to provide input on issues such as public access, water-related and water- dependent uses, shoreline subdivisions, recreation, conservation and more. Visioning meetings were held in each of the three cities and for the unincorporated area of Douglas County.
An Internet web page was developed within the Douglas County World Wide Web site for the project to provide a forum for the public to obtain information regarding the regional SMP update and to provide comments and input related to the project. The web page contained details related to the development of the regional SMP update process including a list of contacts (local and state), an events calendar, meeting summaries, regulatory mandates (RCW and WAC), the current version of the draft
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materials, links to specific pages on the WSDOE website, the scope of work and a list of participating agencies. The web page was kept current and maintained throughout the duration of the project.
Shoreline Advisory Committee (SAC)-
In addition to the above listed public outreach and involvement strategies, an advisory committee was created to finalize recommendations on environment designations, goals, policies and use regulations. Representatives were selected by each of the four jurisdictions, which included one planning commission member or elected official from each jurisdiction. The jurisdictions coordinated their selections to achieve a diverse mix of interests including agriculture, recreation, power generation, real estate/development, environment, sporting and conservation. Invitations to participate were also extended to the Washington State Departments of Ecology, Natural Resources, and Fish and Wildlife, to the public utility districts of Douglas, Chelan and Grant counties, and to the Colville Confederated Tribes and the Yakama Indian Nation. The committee began initial meetings in May 2006 and continued through March 2007. The committee reconvened from June until August 2007; and then again from December 2007 through February 2008.
This process was closely coordinated among Douglas County, and the cities of Bridgeport, East Wenatchee and Rock Island to create a multi-jurisdiction Regional Shoreline Master Program. An intergovernmental cooperative agreement was adopted to define responsibilities, and to allocate and assign resources.
Open Houses-
Open houses were developed as an early action strategy to improve public confidence and investment in the regional SMP update process, and for the Shoreline Advisory Committee to present the results of their work. The open houses were a forum for citizens to obtain information regarding shoreline management and provide comments and input relating to the update of the regional SMP. The open houses were held in April 2008.
2021 Periodic Review In June 2021, Douglas County completed the SMP periodic review process in coordination with Ecology pursuant to RCW 90.58.80 with support from Anchor QEA, LLC. This SMP has been updated to reflect limited amendments that were developed during that process. Public and stakeholder input was obtained throughout the process, including a public workshop held in September 2020… [Add supplemental details here[J1]]
1.7 Applicability[NS2] 1. All proposed uses and development occurring within the shoreline jurisdiction must
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conform to Chapter 90.58 RCW, the Shoreline Management Act and this Program. All policies, within this SMP or the appendices, are to guide the interpretation and enforcement of the SMP regulations. The policies are not regulations in themselves and, therefore, do not impose requirements beyond those set forth in the regulations. This SMP applies to all development, the construction or exterior alteration of structures; dredging; drilling; dumping; filling; removal of any sand, gravel, minerals or vegetation; bulkheading; driving of piling; placing of obstructions; or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters of the state subject to Chapter 90.58 RCW at any stage of water level. Development does not include the following activities: a. Interior building improvements; b. Exterior structure maintenance activities, including painting and roofing, as long as it does not expand the existing footprint of the structure; c. Routine landscape maintenance of established, domestic or ornamental landscaping, such as lawn mowing, pruning and weeding that does not expand the footprint of the existing landscaped area; d. Maintenance of the following existing facilities that does not expand the affected area: septic tanks (routine cleaning), wells, and individual utility service connections; e. Dismantling [NS3]or removing structures if there is no other associated development or redevelopment; f. Pursuant to RCW 90.58.355, any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter 70.305D RCW, or to Ecology when it conducts a remedial action under chapter 70.305D RCW; g. Pursuant to RCW 90.58.355, any person installing site improvements for storm water treatment in an existing boatyard facility to meet requirements of a national pollutant discharge elimination system storm water general permit; h. Washington State Department of Transportation projects and activities meeting the conditions of RCW 90.58.356; i. Projects consistent with an environmental excellence program agreement pursuant to RCW 90.58.045; j. Projects authorized through the Energy Facility Site Evaluation Council process, pursuant to chapter 80.50 RCW; k. Areas and uses in those areas that are under exclusive federal jurisdiction as established through federal or state statutes are not subject to the jurisdiction of chapter 90.58 RCW.[NS4] 2. Pursuant to WAC 173-27-060, federal agency activities may be required by other federal laws to meet the permitting requirements of chapter 90.58 RCW. 3. This SMP shall apply to all nonfederal developments and uses undertaken on federal lands and on lands subject to nonfederal ownership, lease, or easement, even though such lands may fall within the external boundaries of a federal ownership. 4. As recognized by RCW 90.58.350, the provisions of this SMP shall not affect treaty
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rights of Indian Nations or tribes. 5. The County may grant relief from SMP provisions for shoreline restoration projects in Urban Growth Areas (UGA) pursuant to RCW 90.58.580. 6. When other State or Federal agencies’ standards would be more restrictive and more protective of the ecological function, those standards should apply. 7. No structure or lot shall hereafter be used or occupied and no structure or part thereof shall be erected, moved, reconstructed, extended, enlarged or altered except in compliance with the provisions of the SMP.
1.13 Effective date This Program and all amendments thereto shall become effective immediately upon final approval and adoption byfourteen calendar days from the date of the Department of Ecology’s written notice of final action to the County.
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2.1 Economic development element Goal: 1. The natural features of the shorelines, significant recreational opportunities and the agricultural industry in Douglas County attract many people to the region as residents, business owners, tourists, and second home owners. Opportunities exist to enhance and develop water-dependantdependent, water-related, and water- enjoyment commercial and recreation uses for the community and visitors to the region. The nature of the agricultural industry is changing to include alternative crops, products and agri-tourism amenities. Support these important components of the region’s changing economy while maintaining the qualities and functions of the shorelines, which are a significant component of the community.
Objectives: 1. Protect current agricultural land uses and provide for new environmentally sensitive agricultural development.
2. Develop, as an economic asset, the recreational industry along shorelines in a manner that will enhance the public enjoyment of the shorelines and provide an economic benefit to the community.
3. Insure that any economic activity taking place in the shoreline operates in a manner that protects shoreline ecological functions and processes. Unavoidable impacts should be minimized and mitigated.
4. Encourage new shoreline industrial and commercial activities that are classified as water-dependent, water-related, or water-enjoyment uses.
5. Proposed economic use of the shoreline should be consistent with local comprehensive plans and this Program.
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2.5 Shoreline use element Goal: 1. Consider the use and development of shorelines and adjacent land areas for housing, business, industry, transportation, agriculture, forestry, natural resources, recreation, education, public buildings and grounds, utilities and other categories of public and private land uses in relation to the natural environment and ensuring no net loss of ecological function.
Objectives: 1. Shoreline use preference should be given to water-dependent and single family residential uses that are consistent with preservation of shoreline ecological functions and processes. Secondary preference should be given to water-related and water-enjoyment uses. Non-water-oriented uses should be allowed only when substantial public benefit is provided with respect to the goals of the Act for public access and ecological restoration.
2. The location, design, and management of shoreline uses should be balanced to prevent a net loss of shoreline ecological functions and processes over time. Where adverse impacts are unavoidable, require mitigation to ensure no net loss of shoreline ecological functions.
3. Proposed residential developments should be compatible with or enhance the aesthetic quality of the shoreline area.
4. Residential development should be designed and located to preserve the natural landscape and shoreline ecology and minimize conflicts with present and planned land uses.
5. Mixed use developments that include and support water-oriented uses and provide a substantial public benefit consistent with the public access and ecological restoration goals and policies of the Act should be encouraged.
6. New high intensity uses within shoreline jurisdiction should be located in areas that are not susceptible to erosion and flooding and where impacts to ecological functions can be avoided.
7. New developments and redevelopment projects should plan for and control stormwater runoff and when required provide appropriate treatment consistent with state and local standards.
7.8. Balance wildfire safety and fuel reduction with shoreline buffer functions and values to prevent a net loss of ecological function.
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3.10 Table 1. Use matrix A. Shoreline use and development shall be classified by the Administrator and regulated under one or more of the following applicable sections of this Program.The Table 1 Use Matrix indicates which uses and modifications may be allowed or are prohibited in shoreline jurisdiction within each shoreline environment. Accessory uses shall be subject to the same shoreline permit process and SMP provision as their primary use. Where there is a conflict between the chart and the written provision in this SMP, the written provisions shall apply. B. An accessory or appurtenant use shall not be established on a property before the establishment of its primary use. A.C. In the case of a conflict between a use authorized by this SMP and a use authorized by the underlying zoning, the most restrictive shall apply.
Chapter 3 7 Public Hearing Draft ATTACHMENT D P= Permitted, may be subject to shoreline substantial development permit or shoreline exemption requirements C= Shoreline conditional use X= Prohibited N/A= Not applicable S= DependantDependent on upland designation
Shoreline Environment Designation Shoreline Uses [SN5] High Urban Mixed Shoreline Rural Natural Aquatic Intensity Conservancy Use Residential Conservancy
Agriculture Grazing P P P P P P NA Cultivation/orchards P P P P P C NA Buildings P P P P P C NA Feedlot X X X X X X NA Manure Lagoon X X X X X X NA Aquaculture Floating- net pen types and accessory X X X X C C S structures On shore, confined types of facilities and X X X X C X C accessory structures Boating facilities (see also moorage) Launch ramps, P P P P P C C public/community Launch ramps, X X X X X X X private Marinas P P P P P X S Covered over-water NA NA NA NA NA NA X structures Commercial Water P PC P C C X S dependantdependent Water- P PC P C C X S related/enjoyment Non-water-oriented C X C X X X X commercial Dredging General C C C C C C S Essential public facilities General PC PC PC PC PC C S
Chapter 3 8 Public Hearing Draft ATTACHMENT D P= Permitted, may be subject to shoreline substantial development permit or shoreline exemption requirements C= Shoreline conditional use X= Prohibited N/A= Not applicable S= DependantDependent on upland designation
Shoreline Environment Designation Shoreline Uses [SN5] High Urban Mixed Shoreline Rural Natural Aquatic Intensity Conservancy Use Residential Conservancy
Flood control and instream structures General P P P P C C S Channelization or P C P P C C S dams for flood control Industrial Water-oriented industrial C X X X X X S development Non-water-oriented industrial C X X X X X X development Institutional General C C C C C X X Landfill and excavation General P P P P P C C Mining General C C X X C X C Surface oil and gas X X X X X X X drilling Moorage: docks, piers, floats, watercraft lifts and mooring buoys (see also boating facilities) Private and joint use P P P P P C S docks, piers, floats Public/community and joint use docks, P P P P P C S piers, floats Mooring buoys NA NA NA NA NA NA P Watercraft lifts P P P P P C S Commercial wet PC X C C C X S moorage Commercial dry boat PC X C X X X NA storage Float plane moorage accessory to NA NA NA NA NA NA P permitted moorage
Chapter 3 9 Public Hearing Draft ATTACHMENT D P= Permitted, may be subject to shoreline substantial development permit or shoreline exemption requirements C= Shoreline conditional use X= Prohibited N/A= Not applicable S= DependantDependent on upland designation
Shoreline Environment Designation Shoreline Uses [SN5] High Urban Mixed Shoreline Rural Natural Aquatic Intensity Conservancy Use Residential Conservancy
Parking Parking accessory to P P P P P C X a permitted use Parking not accessory to a X X X X X X X permitted use Recreational Water P P P P P C S dependantdependent Water- P P P P P C S related/enjoyment Non-water-oriented PC CP CP CP C X S Residential Single-family dwelling P P P P P C X Two-family dwelling P P P P P X X Multi-family dwelling P P P P X X X Restoration General P P P P P P S Shoreline stabilization Dikes/levees CP CP CP CP CP C CP Breakwaters, groins CP CP CP CP CP C CP and jetties Bulkheads and CP CP CP CP CP C CP revetments Bioengineering P P P P P C CP approaches Signs Signage P P P P P P X
Chapter 3 10 Public Hearing Draft ATTACHMENT D P= Permitted, may be subject to shoreline substantial development permit or shoreline exemption requirements C= Shoreline conditional use X= Prohibited N/A= Not applicable S= DependantDependent on upland designation
Shoreline Environment Designation Shoreline Uses [SN5] High Urban Mixed Shoreline Rural Natural Aquatic Intensity Conservancy Use Residential Conservancy
Transportation General P P P P P C S Transportation facilities not serving a P P P P P C S specific approved use Utilities Water systems P PC P P C C C Wastewater systems C C C C C X C Solid waste facilities X X X X X X X Oil, gas and natural C C C C C C C gas transmission Electrical generation P PC P P P C C Communication P PC P P P C C systems Local utility P P P P P C C distribution facilities Transmission CP CP CP CP CP C C facilities Dams, diversion and tailrace structures for C C C C C C C hydroelectric power generation
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4.1 Ecological protection and critical areas Policies 1. Shoreline use and development should occur in a manner that assures no net loss of existing ecological functions and processes and protects critical areas. Uses should be designed and conducted to avoid, minimize, or to fully mitigate in so far as practical, any damage to the ecology and environment.
2. In assessing the potential for net loss of ecological functions or processes, project specific and cumulative impacts shall be identified and evaluated.
3. Development standards for density, lot frontage, setbacks, lot coverage, shoreline stabilization, vegetation conservation, buffers, critical areas, and water quality should protect existing shoreline ecological functions and processes. Review of shoreline development should consider potential impacts associated with proposed shoreline development when assessing compliance with this policy.
4. Except where development is otherwise exempt, the cities and the county should seek input and coordinate with federal, state, local and tribal agencies with expertise for development occurring within or near wetlands or fish and wildlife habitat.
5. Encourage land use activities and development to incorporate restoration of degraded ecological functions and ecosystem-wide processes in project design.
6. The county and cities should provide for administrative review of restoration projects which implement local watershed plans, or have the support of federal or state resource agencies, and are consistent with the restoration plan.
Regulations 1. Mitigation sequencing – applicants shall demonstrate all reasonable efforts have been taken to mitigate potential adverse impacts in the following prioritized order:
a. Avoiding the impact altogether by not taking a certain action or parts of an action; b. Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps, such as project redesign, relocation, or timing, to avoid or reduce impacts; c. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment to the conditions existing at the time of the initiation of the project; d. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action; e. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and
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f. Monitoring the impact and the compensation projects and taking appropriate corrective measures.
2. If compensatory mitigation is required to achieve no net loss of ecological function, the applicant shall develop and implement a management and mitigation plan. When required, management and mitigation plans shall be prepared by a qualified biologist and shall be consistent with the requirements in Appendix H. Management and mitigation plans shall describe actions that will ensure no net loss of ecological functions.
3. Mitigation shall focus on the best possible outcome for compensating for impacts to functions and values within the shoreline environment. The location of the compensatory mitigation action shall be preferred in the order referenced below: a. Preferential consideration shall be given to on-site mitigation measures that replace the impacted functions, and in areas where non-native vegetation is present adjacent to existing native vegetation to the extent practicable. b. Off-site compensatory mitigation located in Douglas County within the same watershed and that addresses limiting factors or identified critical needs for shoreline resource conservation based on the Shoreline Restoration Plan, or Water Resource Inventory Area (WRIA) or comprehensive resource management plans. c. Off-site compensatory mitigation within the same watershed outside of Douglas County. d. Alternative off-site mitigation programs such as mitigation banks or in-lieu fee programs as established by the County. This includes future mitigation banking opportunities, developed in coordination with the County.
2.4. The provisions of this section and Appendix H shall apply to any use, alteration or development within shoreline jurisdiction, whether or not a shoreline permit or written statement of exemption is required.
3.5. Unless otherwise stated, critical area buffers shall be protected and/or enhanced pursuant to Appendix H and all other applicable provisions of this Program.
4.6. Protect hydrologic connections between water bodies, water courses and associated wetlands.
5.7. The cumulative effects of individual development proposals shall be identified and evaluated to assure that no net loss standards are achieved.
4.3 Vegetation conservation Policies 1. Native shoreline vegetation should be conserved to maintain shoreline ecological functions and/or processes and mitigate the direct, indirect and/or cumulative
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impacts of shoreline development, wherever feasible. Disturbance of native plant communities should be avoided. Disturbed areas should be revegetated with native plant species appropriate to the soil and hydrologic conditions.
2. Encourage noxious and invasive weed management and control. Control of such species should be done in a manner that retains onsite native vegetation, provides for erosion control, and protects water quality.
3. Selective pruning may be allowed for safety or limited view retention purposes and when consistent with Section 4.1 Ecological Protection and Critical Areas.
Regulations 1. Shoreline developments shall address conservation and maintenance of vegetation through compliance with the critical area standards in Section 4.1 Ecological Protection and Critical Areas.
2. Where impacts to buffers are permitted under Section 4.1, Ecological Protection and Critical Areas, new developments shall be required to develop and implement a management and mitigation plan. When required, management and mitigation plans shall be prepared by a qualified biologist and shall be consistent with the requirements in Appendix H. Management and mitigation plans shall describe actions that will ensure no net loss of ecological functions. Vegetation shall be maintained over the life of the use and/or development by means of a conservation easement or similar legal instrument recorded with the County Auditor.
3. Pruning of native trees for safety and view protection may be permitted if consistent with the provisions of Section 4.1, Ecological Protection and Critical Areas.
4. Native vegetation clearing shall be limited to the minimum necessary to accommodate approved shoreline development.
5. Clearing of flammable native and non-native vegetation within 5 feet of existing residential structures, legally established appurtenances and stationary propane tanks is allowed, for structures in existence on or prior to the effective date of the SMP 2021 Periodic Update[JJ6].[JS7]
4.6. Within 30 feet of existing residential structures, legally established appurtenances and stationary propane tanks, native trees may be trimmed the lesser of 10 feet or one -third of the tree height from the ground. Removal of flammable non-native vegetation is allowed except that it must be replaced by native vegetation within the shoreline setback. [JS8]This regulation is applicable to structures in existence on or prior to the effective date of the SMP 2021 Periodic Update[JJ9]. Actions shall only be allowed if carried out under an approved management and mitigation plan prepared by a professional biologist demonstrating no net loss in shoreline ecological function.
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5.7. Removal of noxious weeds and/or invasive species shall be incorporated in management and mitigation plans, as necessary, to facilitate establishment of a stable community of native plants.
6.8. Vegetation removal not associated with a development permit application requires the submittal and approval of a management and mitigation plan prepared by a qualified biologist, and must be consistent with the provisions of Section 4.1, Ecological Protection and Critical Areas.
7.9. Filling, clearing and grading in vegetated shoreline areas shall be in conformance with the provisions of Section 5.8, Filling, Grading, and Excavation; in addition to Section 4.1, Ecological Protection and Critical Areas, and the provisions of this Program.
8.10. With the exception of hand removal or spot spraying of noxious weeds, the determination of whether non-native vegetation removal may be permitted must be evaluated in conformance with Section 4.1 Ecological Protection and Critical Areas.
4.6 Public access Policies 1. Access to shorelines should be incorporated in new development and may be physical and/or visual to provide the public with the opportunity to enjoy the water’s edge, and view the water and shoreline.
2. Public access should be required for industrial and commercial development, publicly owned facilities, and boating and recreation facilities.
3. Community access should be required for residential development.
4. Public access area and/or facility requirements should be commensurate with the scale and character of the development and should be reasonable, fair and effective.
5. Shoreline use and development activities should be designed and operated to minimize obstructions of the public’s visual access to the water and shoreline.
6. Development, uses and activities on or near the shoreline should not unreasonably impair or detract from the public’s legal access to the water.
7. Public access design should provide for public safety and minimize potential impacts to private property.
8. Protect the rights of navigation and space necessary for water dependantdependent uses.
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9. Assure that public access improvements result in no net loss of shoreline ecological functions.
10. Public access should connect to public areas, undeveloped right-of-way, and other pedestrian or public thoroughfares.
11. The linkage of shoreline parks, recreation areas and public access points by linear systems, such as hiking paths, bicycle paths, easements and/or scenic drives, should be encouraged.
12. There should be a physical separation between the public and private spaces so the public will clearly know the extent of their domain and know that they are not infringing on private rights. This separation can be achieved by adequate space and through screening or signage.
13. Public access should be designed for accessibility by disabled persons.
14. Recreational development should place a priority for public use and access to the water.
Regulations: 1. Where required, provisions for adequate public or community access to the shoreline shall be incorporated into a shoreline development proposal, including land division, unless the applicant demonstrates that one or more of the following provisions apply: a. Unavoidable health or safety hazards to the public exist which cannot be prevented by any practicable means; b. Inherent security requirements of the use cannot be satisfied through the application of alternative design features or other solutions; c. Unacceptable environmental harm will result from the public access which cannot be mitigated; d. Significant undue and unavoidable conflict between the proposed access and adjacent uses would occur and cannot be mitigated; e. The cost of providing the access or alternative amenity is unreasonably disproportionate to the long-term cost of the proposed development. f. Provided further, that the applicant has first demonstrated and the county or city has determined in its findings that all reasonable alternatives have been exhausted, including but not limited to: (1) Regulating access by such means as limiting hours of use to daylight hours; (2) Designing separation of uses and activities, i.e., fences, terracing, hedges, landscaping, signage, etc.; (3) Provision of an access at a site physically separated from the proposal such as a nearby street end, an off-site view point or trail system.
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2. Public access for commercial recreational development shall be consistent with the public access requirements of commercial development of this Master Program.
3. Shoreline development by public entities, port districts, state agencies, and public utility districts shall include public access measures as part of each development project, unless such access is shown to be incompatible due to reasons of safety, security, or impact to the shoreline environment.
4. Boating facilities, including marinas and public/community launch ramps, shall provide public access, consistent with the provisions of this Master Program.
5. All residential development shall have access to the shoreline. Multi-unit residential development and land divisions shall provide community access to the shoreline.
6. Commercial and industrial development shall provide public access to the shoreline, or if not feasible provide opportunities for public viewing of the shoreline, except as provided for in Section 4.6 Regulation 1.
7. Public access areas and facilities shall be provided commensurate with the scale of development and the need for public physical and visual access opportunities in the vicinity of the subject development.
8. Development uses and activities shall be designed and operated to avoid blocking, reducing, or adversely interfering with the public’s physical access to the water and shorelines.
9. Where there is an irreconcilable conflict between water-dependantdependent shoreline uses or physical public access and maintenance of views from adjacent properties, the water-dependantdependent uses and physical public access shall have priority, unless there is a compelling reason to the contrary.
10. Development shall minimize impacts to views of the shoreline with the application of critical area buffers (Section 4.1), setbacks, density standards, height limitations and public and community access corridors.
11. Site design for commercial, industrial, multi-family residential and recreational development shall demonstrate site planning which provides sensitivity to public visual access of the shoreline. Where it is not feasible to avoid or minimize a potential visual impact; site enhancements such as viewing platforms or access to vistas which provide views of the shoreline, shall be considered.
12. Access improvements shall not result in a net loss of shoreline ecological functions and values.
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13. Rights of navigation shall be protected in conformance with the provisions of this Master Program.
14. Public access sites shall be connected directly to the best-suited public street, trails, etc., consistent with design and safety standards.
15. Any vacation of right-of-way within the shoreline must comply with RCW 36.87.130 and RCW 35.79.035.
16. New streets, roads and highways which are located within two hundred feet of a shoreline of the state shall provide public access to the shoreline, whenever feasible, consistent with design and safety standards. Such facilities may include pathways, viewpoints or similar amenities and accessory parking facilities incidental to those amenities.
17. Where feasible, expansion or upgrades of existing transportation facilities that require a shoreline substantial development permit shall be subject to access provisions, shall address design and safety standards, and shall maximize the overall view access of the corridor.
18. Utility development shall, through coordination with local government agencies, provide for compatible, multiple uses of sites and rights-of-way. Such uses include shoreline access points, trail systems, and other forms of recreation and transportation, providing such uses will not unduly interfere with utility operations and/or endanger public health and safety.
19. Public access shall consist of a dedication of land or easement and a physical improvement in the form of a walkway, trail, bikeway, corridor, viewpoint, park, deck, observation tower, pier, boat launching ramp, dock or pier area, or other area serving as a means of view and/or physical approach to public waters and may include interpretive centers and displays.
20. The minimum width of access easements shall be 10 feet, unless the Administrator determines that undue hardship would result. In such cases, easement widths may be reduced only to the extent necessary to relieve the demonstrated hardship.
21. Required public access sites shall be fully developed and available for public use at the time of occupancy of the use or activity; or in accordance with other provisions for guaranteeing installation through a monetary performance assurance.
22. Public access facilities shall be maintained over the life of the use or development. Future actions by successors in interest or other parties shall not diminish the usefulness or value of required public access areas and associated improvements.
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23. Public access provisions shall run with the land and be recorded via a legal instrument such as an easement, or as a dedication on the face of a plat or short plat. Such legal instruments shall be recorded with the County Auditor's Office prior to the time of building permit approval, occupancy or with plat recording, whichever comes first.
24. Maintenance of the public access facility shall be the responsibility of the owner or home owner’s association, unless otherwise accepted by a public or non-profit agency through a formal agreement recorded with the County Auditor's Office.
25. The standard state approved logo or other approved signs that indicate the public's right of access and hours of access shall be installed and maintained by the owner. Such signs shall be posted in conspicuous locations at public access sites.
26. Public access sites shall be made barrier-free for the physically challenged where feasible, and in accordance with the Americans with Disabilities Act (ADA).
27. Proposals for development shall include a site plan indicating existing and proposed features, including, but not limited to, topography, shoreline vegetation, slope, drainage, all existing and proposed easements, structures, wells, etc.
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5.4 Commercial use Policies 1. In securing shoreline locations for commercial uses, preference should be given first to water-dependent commercial uses, then to water-related, and then to water- enjoyment commercial uses.
2. Restoration of impaired shoreline ecological functions and processes should be encouraged as part of commercial development.
3. Commercial uses located in the shoreline should ensure visual compatibility with adjacent non-commercial properties by establishing design guidelines that address a master planned approach with a thematic architectural design approach to the area.
4. Commercial uses located in the shoreline should provide public access unless such improvements are demonstrated to be infeasible or present hazards to life and property.
Regulations 1. Water-dependent commercial uses shall be given preference over water-related and water-enjoyment commercial uses. Prior to approval of water-dependent uses, the Administrator shall review a proposal for design, layout and operation of the use and shall make specific findings that the use qualifies as a water-dependent use.
2. Water-related commercial uses may not be approved if they displace existing water- dependent uses. Prior to approval of a water-related commercial use, the Administrator shall review a proposal for design, layout and operation of the use and shall make specific findings that the use qualifies as a water-related use.
3. Water-enjoyment commercial uses may be not be approved if they displace existing water-dependent or water-related uses or if they occupy space designated for water- dependent or water-related use in a substantial development permit or other approval. Prior to approval of water-enjoyment uses, the Administrator shall review a proposal for design, layout and operation of the use and shall make specific findings that the use qualifies as a water-enjoyment use.
4. Non-water-oriented commercial uses may be permitted where located on a site physically separated from the shoreline by another property in separate ownership, or by a public right-of-way, such that access for water-oriented use is precluded. All other non-water-oriented commercial uses are prohibited in the shoreline unless the use provides significant public benefit with respect to the objective of the Act such as providing public access and ecological restoration and the commercial use is: a. Part of a mixed use project that includes a water-dependent use; or b. Proposed on a site where navigability is severely limited.
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5. Commercial development shall not result in a net loss of ecological functions have significant adverse impacts to other shoreline uses, resources and values, such as navigation, recreation, and public access.
6. Public access and ecological restoration should be considered as potential mitigation of impacts to shoreline resources and values for all water-related or water dependantdependent development unless such improvements are demonstrated to be infeasible or inappropriate.
7. Only those portions of water-dependent commercial uses that require over-water facilities shall be permitted to locate waterward of the OHWM, provided they are located on piling or other open-work structures, and they are limited to the minimum size necessary to support the structures intended use.
8. Non-water-dependent commercial uses shall not be allowed over water except in limited instances where they are appurtenant and necessary to support water- dependent uses.
5.5 Dredging Policies 1. Dredging and dredge material disposal shall be done in a manner that avoids or minimizes significant ecological impacts. Impacts that cannot be avoided should be mitigated in a manner that assures no net loss of shoreline ecological functions.
2. New development should be sited and designed to avoid or, where avoidance is not possible, to minimize the need for new and/or maintenance dredging.
3. Dredging for the purpose of establishing, expanding, relocating or reconfiguring navigation channels and basins should be allowed where necessary for assuring safe and efficient accommodation of navigational uses and then only when significant ecological impacts are minimized and when mitigation is provided.
4. Maintenance dredging of established navigation channels and basins should be restricted to maintaining previously dredged and/or existing authorized locations, depths and widths.
5. Dredging should be permitted for water-dependent uses of economic importance to the region and/or essential public facilities only when necessary and when alternatives are infeasible or less consistent with this Program.
6. Minor dredging as part of ecological restoration or enhancement, beach nourishment, public access or public recreation should be permitted if consistent with this Program.
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7. Dredging of bottom materials for the primary purpose of obtaining material for landfill, construction, or beach nourishment should not be permitted, unless permitted under Section 5.9 Mining.
8. Dredge material disposal on land away from the shoreline is generally preferred over open water disposal.
9. Long-term cooperative management programs that rely primarily on natural processes, and involve land owners and applicable local, state and federal agencies and tribes should be encouraged to prevent or minimize conditions which make dredging necessary.
Regulations 1. Dredging shall only be permitted for the following activities: a. Development of new or expanded wet moorages where there are no feasible alternatives or other alternatives may have a greater ecological impact. b. Development of water dependantdependent industries of economic importance to the region only where there are no feasible alternatives. c. Development of essential public facilities when there are no feasible alternatives. d. Maintenance dredging for the purpose of restoring a lawfully established development. e. Maintenance of irrigation reservoirs, drains, canals, or ditches for agricultural purposes. f. Restoration or enhancement of shoreline ecological functions and processes benefiting water quality and/or fish and wildlife habitat. g. Minor trenching to allow the installation of necessary underground pipes or cables if no alternative, including boring, is feasible, and: (1) Impacts to fish and wildlife habitat are avoided to the maximum extent possible. (2) The utility installation shall not increase or decrease the natural rate, extent, or opportunity of channel migration. (3) Appropriate best management practices are employed to prevent water quality impacts or other environmental degradation. (4) Mitigation is implemented, as appropriate, pursuant to Section 4.1 Ecological Protection and Critical Areas. h. Dredging for the purpose of obtaining landfill material is prohibited, except that permitted under Section 5.9 Mining. i. Dredging for the purpose of establishing, expanding, or relocating or reconfiguring navigation channels and basins where necessary for assuring safe and efficient accommodation of existing navigational uses. j. Maintenance dredging of established navigation channels and basins.
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2. The physical alignment and ecological functions and processes of streams, lakes or riverine shorelines shall be maintained, except to improve hydraulic function, water quality, fish or wildlife habitat, or fish passage.
3. Limitations on dredging or disposal operations may be imposed to reduce proximity impacts to protect public safety, and to assure compatibility with the interests of other shoreline users. Conditions may include limits on periods and hours of operation, the type of machinery used, and may require landscaped buffer strips and/or fencing to address noise and visual impacts at land disposal or transfer sites.
4. Dredge material disposal: a. Dredge material disposal on land away from the shoreline is permitted under the following conditions: (1) Shoreline ecological functions and processes will be preserved, including protection of surface and ground water. (2) Erosion, sedimentation, floodwaters or runoff will not increase adverse impacts to shoreline ecological functions and processes or property. (3) Sites will be adequately screened from view of local residents or passersby on public right-of-ways. b. Dredge material disposal is prohibited on lake shorelines or beds, and in streams; except that, dredge spoil may be used in approved projects for the restoration or enhancement of shoreline ecological functions and processes. c. Dredge material disposal in open waters may be approved only when authorized by applicable agencies, which may include the U.S. Army Corps of Engineers pursuant to Section 10 (Rivers and Harbors Act) and Section 404 (Clean Water Act) permits, and Washington State Department of Fish and Wildlife Hydraulic Project Approval (HPA); and when found to meet one or more of the following conditions: (1) Land disposal is infeasible, less consistent with this Master Program, or prohibited by law. (2) Nearshore disposal as part of a program to restore or enhance shoreline ecological functions and processes is not feasible. (3) Offshore habitat will be protected, restored, or enhanced. (4) Adverse effects on water quality or biologic resources from contaminated materials will be mitigated. (5) Shifting and dispersal of dredge material will be minimal. (6) Water quality will not be adversely affected.
5. The following information shall be required for all dredging applications: a. A description of the purpose of the proposed dredging and an analysis of compliance with the policies and regulations of this Program will be achieved. b. A detailed description of the existing physical character, shoreline geomorphology and the biological resources that are provided by the area proposed to be dredged, including:
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(1) A site plan map outlining the perimeter of the proposed dredge area. The map must also include the existing bathymetry depths and have data points at a minimum of 2-foot depth increments. (2) Habitat surveys, critical area studies, and mitigation plans as required by Section 4.1 Ecological Protection and Critical Areas. (3) Information on stability of bedlands adjacent to proposed dredging and dredge material disposal areas. c. A detailed description of the physical, chemical and biological characteristics of the dredge material to be removed including; (1) Physical analysis of material to be dredged: material composition and amount, grain size, organic materials present, source of material, etc. (2) Chemical analysis of material to be dredged: volatile solids, chemical oxygen demand (COD), grease and oil content, mercury, lead and zinc content, etc. (3) Biological analysis of material to be dredged. d. A description of the method of dredging including (1) Facilities for settlement and movement. (2) Dredging procedure: length of time it will take to complete dredging, method of dredging and amount of materials removed. (3) Frequency and quantity of project maintenance dredging. e. Detailed plans for dredge material disposal, including specific land disposal sites and relevant information on the disposal site, including but not limited to: (1) Dredge material disposal area: (a) Physical characteristics including location, topography, existing drainage patterns, surface and ground water; (b) Size and capacity of disposal site; (c) Means of transportation to the disposal site; (d) Proposed dewatering and stabilization of spoils; (e) Methods of controlling erosion and sedimentation; and (f) Future use of the site and conformance with land use policies and regulations. (2) Total initial dredge material volume expected. (3) Plan for disposal of maintenance dredge material for at least a fifty (50) year period, if applicable. f. The Administrator may require hydraulic modeling studies sufficient to identify existing geo-hydraulic patterns and probable effects of dredging.
5.6 Industry Policies 1. Shoreline sites particularly suitable for development such as areas with access to adequate rail, highway and utility systems should be reserved for water-dependent or water-related industrial development.
2. In order to provide adequate shoreline for future water-dependent and water-related uses, industrial development should be limited to those uses that produce the
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greatest long-term economic base. Industrial development that is consistent with this Program should be protected from encroachment or interference by incompatible uses with less stringent site requirements, such as residential or commercial uses.
3. Multiple use of industrial facilities is encouraged to limit duplicative facilities and reduce adverse impacts. Multiple uses should be implemented through cooperative use of cargo handling, storage, parking and other accessory facilities among private or public entities as feasible in industrial facilities.
4. Industrial development in the shoreline should be located and designed to avoid significant adverse impacts to other shoreline uses, resources, and values, including shoreline geomorphic processes, water quality, fish and wildlife habitat, and the aquatic food chain.
5. Restoration of impaired shoreline ecological functions and processes should be encouraged as a component of industrial development.
Regulations 1. Industrial uses are allowed subject to the policies and regulations of this Program and the specific criteria below: a. Water-dependent industrial uses shall be given preference over non-water dependantdependent industrial uses and, second, preference shall be given to water-related industrial uses over non-water-oriented industrial uses. Prior to approval of water-dependent uses, the Administrator shall review a proposal for design, layout and operation of the proposed use and shall make specific findings that the use qualifies as water-dependent. b. Water-related industrial uses may not be approved if they displace existing water-dependent uses. Prior to approval of a water-related use, the Administrator shall review a proposal for design, layout and operation of the proposed use and shall make specific findings that the use qualifies as water- related. c. Non-water-oriented industrial uses may be permitted where located on a site physically separated from the shoreline by another property in separate ownership or a public right-of-way such that access for water-oriented use is precluded. All other non-water-oriented industrial and port uses are prohibited in the shoreline unless the use provides significant public benefit with respect to the objective of the Act and is: (1) Part of a mixed-use project that includes water-dependent uses and provides a significant public benefit with respect to the Shoreline Management Act’s objectives such as providing public access and ecological restoration; or (2) Navigability is severely limited at the proposed site, and the industrial use provides a significant public benefit with respect to the Shoreline Management Act’s objectives such as providing public access and ecological restoration.
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d. Industrial development shall be located, designed and constructed in a manner that assures no net loss of shoreline ecological functions and such that it does not have significant adverse impacts to other shoreline resources and values.
2. Required setback areas shall not be used for storage of industrial equipment, materials, or waste disposal, but may be used for outdoor recreation and public access. Portions of side setbacks may be used for light motor vehicle parking if design of such facilities is consistent with this Program.
3. Disposal or storage of solid or other industrial wastes is not permitted on shorelines.
4. Public access and ecological restoration should be considered as potential mitigation of impacts to shoreline resources and values for all water-related or water dependantdependent development unless such improvements are demonstrated to be infeasible or inappropriate.
5. Only those portions of water-dependent industrial uses that require over-water facilities shall be permitted to locate waterward of the OHWM, provided they are located on piling or other open-work structures, and they are limited to the minimum size necessary to support the structures intended use.
5.10 Moorage: docks, piers, watercraft lifts, mooring buoys, floats Policies 1. Where other community or public moorage facilities are available, individual moorage associated with a single family residence will be discouraged.
2. New moorage, excluding docks (private, joint-use, and community) accessory to single family residences, should be permitted only when the applicant/proponent has demonstrated that a specific need exists to support intended water-dependent or public access use.
3. As an alternative to continued proliferation of individual private moorage, mooring buoys are preferred over docks or floats. Moorage facilities for new residential development of two or more lots or two or more dwelling units should provide shared moorage facilities.
4. Moorage should be spaced and oriented in a manner that minimizes hazards and obstructions to navigation and other water-oriented activities such as fishing, swimming and pleasure boating, as well as property rights of adjacent land owners.
5. Moorage should be restricted to the minimum size necessary to meet the needs of the proposed water-dependent use. The length, width and height of piers and docks should be no greater than necessary for safety and functional use.
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6. Vessels should be restricted from extended mooring on waters of the state unless a lease or permission is obtained from the DNR and impacts to navigation and public access are mitigated.
7. Moorage facilities should not be constructed of materials that will adversely affect water quality or aquatic plants and animals.
8. New moorage facilities should be designed so as not to interfere with lawful public access to or use of shorelines.
9. Multiple agencies have permitting standards, requirements or limitations for the use and development of moorage facilities. Many of these agencies have specific ownership or easement rights. The county and cities should coordinate with federal, tribal, state and local agencies during the review of shoreline permits. The granting of a shoreline permit does not relieve a project from compliance with the standards of other agencies.
Regulations 1. Shared Community and joint use docks shall have no more than one slip per lot unless additional moorage is required by other agencies with jurisdiction. Other forms of moorage to serve new residential development shall be limited to the amount of moorage needed to serve lots within the development with one slip each.
2. Residential moorage for individual lots is permitted in subdivisions legally established prior to February 20, 1975, where shared moorage has not already been developed or required; private moorage is also permitted for individual legal lots of record, not part of an approved subdivision. In these circumstances, moorage shall be limited to one private dock per shoreline residential lot. Lot owners shall be encouraged to utilize mooring buoys or to coordinate with adjoining property owners for shared moorage.
3. If moorage is to be provided as part of a new residential development of two or more dwelling units, moorage facilities shall be joint use or community docks. New residential developments shall contain a restriction on the face of the plat and restrictive covenants prohibiting individual docks and requiring joint use or community dock facilities. Community dock facilities should be encouraged. A site for shared moorage should be owned in undivided interest by property owners or managed by the homeowner’s association as a common easement within the residential development. Community dock facilities should be available to property owners in the residential development for community access. If shared moorage is provided, the applicant/proponent shall file at the time of building permit submittal for the dock a legally enforceable joint use agreement or other legal instrument that, at minimum, addresses the following: a. Provisions for maintenance and operation; b. Easements or tracts for community access; and
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c. Provisions for joint or community use for all benefiting parties.
4. Commercial docks shall be permitted only for water-dependent uses, and if the applicant/proponent demonstrates that existing facilities in the vicinity, including marinas and shared moorage, are not adequate or feasible for the proposed water- dependent use.
5. Private moorage for float planes may be permitted accessory to existing or concurrently proposed moorage where construction would not adversely affect shoreline functions or processes, including wildlife use. Ecological restoration may be required to compensate for the greater intensity of activity associated with the use. An analysis of potential life and navigation safety impacts shall be required in addition to the inclusion of necessary avoidance or mitigation measures by a qualified professional.
6. New and substantially expanded piers and docks shall be constructed of materials that are approved by applicable federal and state agencies for use in water to avoid adverse effects on water quality or aquatic plants and animals in the long-term for both submerged portions of the dock and decking and other components. Wood treated with creosote, pentachlorophenol or other similarly toxic materials is prohibited.
7. Moorage facilities shall be the minimum size necessary to meet the needs of the proposed water-dependent use and shall observe the following criteria: a. If allowed, only one private dock with one accessory float, and two watercraft lifts (the combination of one boat and one jet ski or other watercraft together) shall be permitted on a shoreline lot owned for residential or private recreational use.a maximum of two (2) moorage facilities (inclusive of docks, swim float, buoys, and/or lifts) shall be permitted per individual lot. Of this allowed moorage, a maximum of one dock may be permitted.
a. In situations where joint use or community docks are used, the allowed moorage can be located either adjacent to the dock or waterward of the individual lot as necessary to support environmental or operational safety conditions. b. Docks with or without a float shall be the minimum required to provide for moorage. Commercial docks shall be the minimum length necessary to serve the type of vessel served. Exceptions to these length standards are addressed below. c. Docks on the Columbia River that exceed 100 feet in length or docks which exceed 50 feet in length on a lake or sites with unique characteristics that may create navigational safety hazards shall prepare a navigational safety study.
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d. Moorage shall be designed to avoid the need for maintenance dredging. The moorage of a boat larger than provided for in the original moorage design shall not be grounds for approval of dredging.
8. When a public utility district, PUD, owns land between a residential development and the ordinary high water mark of the shoreline, the following requirements shall apply: a. Applications for moorage facilities must include authorization from the applicable PUD, in order for application materials to be determined complete. Authorization will either consist of a written letter or signature on the application by the PUD. b. Where proposed moorage facilities receive shoreline permit approval, permit conditions shall require that the county or city receive written verification from the PUD of compliance with all applicable standards of the PUD prior to site work commencing or building permit issuance by the jurisdiction. c. Language on the face of the plat and restrictive covenants shall prohibit individual docks and require joint use or community dock facilities, when such facilities are permitted by all applicable agencies, including the PUD. d. Access easements or tracts shall provide access to the PUD property, in a location approved by the PUD. Plat covenants and restrictions do not guarantee a PUD permit or approval will be issued. Plat covenants and restrictions will not vest a property right to the intervening PUD lands. All permits or approvals issued by a PUD are personal and conditional in nature and may be cancelled at any time and for any reason.
9. In order to minimize impacts on near shore areas and avoid reduction in ambient light level: a. Pier and ramp construction must meet the following standards: (1) The width of piers and ramps shall not exceed 4 feet for single or joint- use docks. Greater widths may be permitted for community, public or commercial docks where use patterns can justify the increase; (2) The bottom of the pier or bottom of the landward edge of a ramp, must be elevated at least two (2) feet above the plane of OHWM; (3) Pier and/or ramp surfaces are to consist of either grating or clear translucent material; and (4) Pier and ramp construction shall meet or exceed the standards and/or requirements of the Washington State Departments of Ecology, Fish and Wildlife, and Natural Resources and the United States Army Corps of Engineers.
b. Float construction must meet the following standards: (1) Any float materials that are in contact with the water must be white or translucent; (2) Flotation materials must be permanently encased to prevent breakup and release of small floatation pieces;
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(3) Decking or surface area of the float must consist of either grating or clear translucent material; (4) Floats cannot be located where they could impede fish passage; and (5) Float construction shall meet or exceed the standards and/or requirements of the Washington State Departments of Ecology, Fish and Wildlife, and Natural Resources and the United States Army Corps of Engineers.
10. Private docks shall not encroach into the required side yard setbacks of the underlying zoning district for residential development (both onshore and offshore); provided that, a shared moorage may be located adjacent to or upon a side property line of the affected properties upon filing of an easement agreement or other legal instrument by the affected property owners.
11. Piers and docks shall use pile supports unless engineering studies demonstrate that pile supports are insufficient to ensure public safety. Rip-rapped or bulkheaded fills may be approved only as a conditional use and only when demonstrated that no feasible alternative is available. Mitigation shall be provided to ensure no net loss of shoreline ecological functions and processes.
12. Mooring buoys shall be placed at a distance specified by state and federal agencies to avoid near shore habitat and to minimize obstruction to navigation. Anchors and other design features shall meet Washington Department of Fish and Wildlife and/or Department of Natural Resources standards.
13. Commercial covered moorage may be permitted only where vessel construction or repair work is to be the primary activity and covered work areas are demonstrated to be necessary over water, including demonstration that adequate upland sites are not feasible. All other covered moorage is prohibited.
13.14. Covered moorage for emergency vessels may be permitted where construction will result in no net loss of ecological functions and values.
14.15. Water supply, sewage disposal and disposal of non-hazardous materials associated with activities on docks and piers shall conform to applicable health standards.
15.16. Moorage facilities shall be marked with reflectors, or shall be otherwise identified to prevent unnecessarily hazardous conditions for water surface users during day or night. Exterior finish shall be generally non-reflective.
16.17. Moorage facilities shall be constructed and maintained so that no part of a facility creates hazardous conditions nor damages other shore property or natural features during predictable flood conditions. Floats shall be securely anchored.
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17.18. No pier, dock, or watercraft or houseboat moored thereto shall be used for a residence. Boaters may not reside in their vessels for other than short term recreational use, not exceeding 14 days in any sixty day period.
18.19. Storage of fuel, oils, and other toxic materials is prohibited on docks and piers except portable containers when provided with secondary containment.
19.20. Public access facilities shall be provided in accordance with policies and regulations in Section 4.6 Public Access.
20.21. A list of dock, boat lift, and mooring buoy design parameter recommendations should be developed through coordination among the cities, the county, U.S. Army Corps of Engineers, Washington State Department of Fish and Wildlife, Ecology, and Natural Resources, U.S. Fish and Wildlife Service, NOAA Fisheries, and local public utility districts. Substantial development permits for mooring buoys and docks with less than 10 slips that address these recommendations may be reviewed administratively in all shoreline areas except for the natural shoreline environment.
21.22. All moorage facilities must permanently mark all of the components with name, address, telephone number and the date of installation.
22.23. In the natural environment designation moorage facilities must be compatible with the area's physical and visual character may be conditionally permitted subject to policies and regulations of this Program.
23.24. Moorage facilities shall avoid locations that will adversely impact shoreline ecological functions or processes.
24.25. Applicants for moorage facilities shall provide habitat surveys, critical area studies, and mitigation plans as required by Section 4.1, Ecological Protection and Critical Areas. A slope bathymetry map may be required when deemed beneficial by the Administrator for the review of the project proposal.
5.11 Recreation Policies 1. Recreational development should be given priority for shoreline location to the extent that the use facilitates the public’s ability to access (visual and physical), enjoy, and use the water and shoreline in accordance with Section 4.6 Public Access.
2. New recreational facilities should be located along the shoreline in a dispersed linear pattern that provides recreational access and aesthetic enjoyment of the shoreline for a substantial number of people consistent with the purpose of the specific shoreline environment designation and level of service standards in the comprehensive plans.
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3. The linkage of shoreline parks and public access points should be considered with the use of linear access routes such as walking paths, bicycle trails and/or scenic drives. Such linkages may serve both a recreation and transportation function.
4. Recreational uses and development should provide for the preservation and enhancement of scenic views and vistas.
5. Ensure that recreational facilities do not interfere with the use and enjoyment of adjacent properties by providing buffering when necessary between the recreation development and adjacent private property.
6. Prohibit the use of motorized vehicles other than service vehicles on beaches, dunes and fragile shoreline resources.
7. Recreational uses and facilities should be designed and located to ensure no net loss of critical areas and shoreline ecological functions.
8. Opportunities incorporating educational and interpretive information should be pursued in design and operation of recreation facilities.
9. Recreation uses and facilities should be located only where utility infrastructure and road capability is adequate, commensurate with the intensity of anticipated users to protect the public health, safety and welfare.
10. Where consistent with the provisions of this Program, development should specifically support opportunities to increase or enhance the following forms of recreation: boating, fishing, camping, hiking, bicycle riding, swimming and picnicking.
11. Commercial recreational facilities should be consistent with the provisions of Section 5.4 Commercial Use.
12. The use of native plant species in new recreation facilities is preferred over the use of plant types that need extensive maintenance and support (mowing, pruning, irrigation, etc.).
12.13. Increase recreational opportunities for those with disabilities consistent with the minimum requirements of the United States Access Board’s Accessibility Standards for Federal Outdoor Developed Areas that also maintain shoreline habitat functions and values.
Regulations 1. Recreational development is a priority use of the shoreline. Preference is given to water-dependent uses such as fishing, swimming, and boating. Water-related and water-enjoyment uses such as picnicking, hiking, and walking are permitted provided
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they do not displace water-dependent uses and are consistent with the specific shoreline environment. Non-water-related recreation facilities and/or support facilities such as parking lots shall be located in upland areas.
2. Recreation facilities shall be designed to take maximum advantage of and enhance the natural character of the shoreline area.
3. Commercial and public recreation areas or facilities on the shoreline shall provide public access (physical or visual) consistent with Section 4.6, Public Access.
4. Commercial recreational facilities shall be consistent with the provisions of Section 5.4 Commercial Use.
5. Recreational uses and facilities shall be designed and located to ensure no net loss of critical areas and shoreline ecological functions.
6. Recreational facilities shall incorporate means to prevent erosion, control the amount of runoff and prevent harmful concentrations of chemicals and sediment from entering water bodies in accordance with the policies and regulations of Section 4.2, Water Quality.
7. State-owned shorelines of the state are priority locations for wilderness beaches, ecological study areas and other recreational activities for the general public.
8. Use of motor vehicles including recreational off-road vehicles is permitted only on roads or trails specifically designated for such use as necessary for public health and safety or for maintenance of the recreation facility.
9. Recreational facilities specifically designed for off-road vehicle use are prohibited on, or in, beaches, streams, or wetlands and their associated buffers.
10. Within the natural environment designation, passive water-oriented recreational development, such as primitive trails or primitive campsites is permitted subject to the following criteria: a. Substantial alterations to topography or native vegetation are prohibited; and b. Any necessary landscaping or site restoration shall use native or similar self- maintaining vegetation.
11. Water dependent recreation access consistent with the minimum requirements of the United States Access Board’s Accessibility Standards for Federal Outdoor Developed Areas that does not result in an increase of greater than 15% impervious surfaces within the shoreline.
5.12 Residential Policies
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1. New residential development should be planned and built in accordance with the policies and regulations of this Program, including without limitation Section 4.1 Ecological Protection and Critical Areas.
2. Single family residences are a priority use when developed in a manner consistent with control of pollution and prevention of damage to the shoreline.
3. Residential development, including appurtenant structures and uses, should be set back an adequate distance from steep slope areas and shorelines vulnerable to erosion to ensure that shoreline and/or soil stabilization structures will not be needed to protect the residential use. (e.g. bulk-heads, rip rap or other shoreline or slope stabilization structures.)
4. Residential development should be sited in locations sufficiently set back from flood prone areas to ensure that flood hazard protection measures are not necessary to protect the structure.
5. New multi-unit residential developments, including short plats and subdivisions, should provide access (visual and physical) to the shoreline in conformance with Section 4.6, Public Access.
6. New over-water residential development is prohibited.
7. Allowable density of new residential development should comply with applicable comprehensive plan goals and policies, zoning restrictions and shoreline environment designation standards.
8. Residential structures or development of uses accessory to residential projects must be designed and constructed in a manner that will result in no net loss of shoreline ecological functions and processes.
9. Measures to conserve native vegetation should be implemented in conformance with Section 4.1, Ecological Protection and Critical Areas and Section 4.3 Vegetation Conservation.
10. Whenever possible, non-regulatory methods to protect, enhance and restore shoreline ecological functions and other shoreline resources should be encouraged for residential development. Such methods may include resource management planning, low impact development techniques, voluntary protection and enhancement projects, education, and/or incentive programs.
11. Encourage residential development that provides common ownership of the shoreline to protect views of the shoreline, provide equitable access for property owners and to protect the natural character and functions of the shoreline consistent with other provisions in the Master Program.
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11.12. Increase access for those with disabilities consistent with the minimum requirements of the United States Access Board’s Accessibility Standards for Federal Outdoor Developed Areas that also maintain shoreline habitat functions and values.
Regulations: 1. New residential development will not be approved in cases when it can be reasonably foreseeable that the development or use would require structural flood hazard reduction measures within the floodway during the life of the development or use.
2. New residential development shall assure that the development will not require shoreline or slope stabilization measures. Where located in a designated geologically hazardous area, a geotechnical analysis of the site and shoreline characteristics shall demonstrate that shoreline stabilization is unlikely to be necessary; setbacks from steep slopes, bluffs, landslide hazard areas, seismic hazard areas, riparian shoreline and erosion areas, shall be sufficient to protect structures during the life of the structure; and impacts to adjacent, downslope or down-current properties are not likely to occur during the life of the lots created.
3. New over-water residential structures, including floating homes, are prohibited.
4. Minimum required setbacks from critical area buffers and side property lines, maximum height limits and density standards are contained in Section 5.13 Shoreline Bulk and Dimensional Standards.
5. Residential development shall make provisions for vegetation conservation in conformance with Section 4.3 Vegetation Conservation.
6. Shoreline access for residential development shall incorporate access to publicly owned shorelines or public water bodies as provided for in Section 4.6, Public Access.
7. New stairways built for access to the shoreline may be permitted when consistent with the provisions of this Master Program and the project proponent demonstrates that: a. Existing shared, public or community facilities are not adequate or available for use; b. The possibility of a multiple-owner or multiple-user facility has been thoroughly investigated and is not feasible; and c. The stairway is designed and located such that: (1) subsequent shoreline modification, including the installation of shoreline stabilization, solely for the purpose of protecting the structure is not necessary;
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(2) removal or modification of existing shoreline vegetation is the minimum necessary to accomplish the purpose, and is planned to be replaced with appropriate native species within the next growing season; and (3) no fill or other modification waterward of the ordinary high water mark is necessary to construct or use the structure.
8. New lots located all or in part within the natural environment designation outside of urban growth areas, shall not be less than 10 acres in area, as measured landward of the ordinary high water mark.
9. Non-conforming residential uses.
a. Residential structures and appurtenant structures, as defined by RCW 90.58.620 and Section 8, Definitions, No. 17 herein, including related yard improvements, that were legally established and used for a conforming use which are located landward of the ordinary high water mark, and do not meet the standards of this program with the respect to setbacks, buffers, yards, area, bulk, height or density are considered to be conforming.
b. A legally established lot, use, or structure may be continued, transferred or conveyed and/or used and considered conforming.
c. Establishing status. To establish a use or structure as lawful it shall be determined by a joint collaboration between the property owner and the jurisdiction from one of the following:
(1) Local agency permit; (2) Orthophoto, aerial photo or planimetric mapping recognized as legitimate by the Administrator; (3) Tax Records; or (4) Other verifying documents.
d. Maintenance and Repair of Structures. Normal maintenance and incidental repair of legal structures shall be permitted provided that the maintenance shall not create nonconformity.
e. Reconstruction or Replacement. Reconstruction, restoration, or repair (and remodeling) of a legal structure damaged by fire, flood, earthquake, falling trees or limbs, or other disasters, shall be permitted provided, that such reconstruction shall not result in the expansion of the structure into or towards the critical area or its buffer, or in a manner that increases the potential impact on the critical area or risk of harm to public safety.
f. Expansion. Within a critical area or its buffer, no residential use or structure may be expanded, enlarged, extended, or intensified in any way unless such modification
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is in full compliance with this Program or the terms and conditions of approved permits pursuant to this Program. Approved expansions must be consistent with standards of the zoning code in which such building, structure, or land use lies and all of the following:
(1) the area of expansion is no more than twentyforty[J10]-five percent (2540%) of the habitable floor area of the existing residence; (2) the expansion does not exceed the allowed height limit; (3) the expansion is no further waterward of the existing structure; (4) When when required by Section 4.1 or Appendix H, a management and mitigation plan is prepared by a qualified professional biologist that demonstrates that the expansion will result in no net loss of shoreline ecological functions. Mitigation may not be required for landward expansion of the existing structure if it can be demonstrated that the shoreline function ends at the waterward side of the structure (i.e., functional break[J11]); (5) an exemption is issued for the project based on the request by the applicant that is accompanied by a site plan and construction plans sufficient to depict the expansion.
10. Residential access that meets the minimum requirements of the United States Access Board’s Accessibility Standards for Federal Outdoor Developed Areas that does not result in an increase of greater than 15% impervious surfaces within the shoreline.
10.11. Submerged lands within the boundaries of any waterfront parcel that are located waterward of the ordinary high water mark shall not be used in density calculations.
5.13 Shoreline bulk and dimensional standards Policies: 1. Standards for density, setbacks, height, and other provisions should ensure no net loss of shoreline ecological functions and/or processes, and should preserve the existing character of the shoreline, consistent with the purpose of the shoreline environment designations.
Regulations 1. Table 2 establishes the minimum dimensional requirements for development. Dimensional standards are measured on the horizontal plane, as applicable. Dimensional standards relating to critical areas are governed by the provisions of Section 4.1 Ecological Protection and Critical Areas.
2. Bulk and dimensional standards shall be coordinated with locally adopted zoning and development standards to protect the natural character of the shoreline and ensure no net loss of shoreline ecological functions and processes consistent with the purpose of the environment designation. In the event the provisions of this Program conflict with provisions of federal, state, county or city regulations, the more
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protective of shoreline resources shall prevail, when consistent with the Shoreline Management Act policy.
3. No new structures within the shoreline shall exceed a height of 35 feet above average grade level, except as provided herein.
4. Proposals for new or expanded commercial, multi-family or mixed uses structures exceeding the 35 foot building height limitation shall be processed as a variance as provided for in WAC 173-27-170. In addition to the findings in WAC 173-27-170, the following standards shall be met: a. The proposed building shall not obstruct the view of the water for a substantial number of residential buildings located with a view of the adjoining shoreline. b. The applicant shall provide a view analysis identifying the properties and structures located within the view corridor for that shoreline demonstrating the level of obstruction represented by the proposed structure for each affected property. c. The view corridor shall include residential buildings located outside of the shoreline area if it can be clearly demonstrated that the property has significant water views. d. To insure that the analysis is cumulative in nature, it shall include vacant existing parcels of record as well as existing structures. Vacant parcels of record shall be assumed to be developed with structures complying with the 35 foot height limitation. e. If it can be demonstrated that the proposed structure obstructs less than 30% of the view of the shoreline enjoyed by the structures within the view corridor, the property may be eligible for the height variance. (Example: no residence has more than 30% of their view obstructed by the proposed development). f. The structure shall be located and oriented on the subject property in a manner that diminishes the potential view impact. g. In consideration of the potential view obstruction resulting from the proposed structure, side yard setbacks may need to be increased. No side yard setbacks shall be reduced to accommodate the proposed structure. h. Extraordinary circumstances are demonstrated and the public interest will be served by the proposed development.
5. Where permitted above ground, power poles and transmission towers are not subject to height limits but shall not be higher than necessary to address public safety and meet Federal and State standards.
6. The following development activities are not subject to side yard setbacks, provided that they are constructed and maintained in a manner that minimizes adverse impacts on shoreline functions and processes, and provided further that they comply with all applicable regulations in Appendix H and local zoning and development standards:
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a. Those portions of approved water-dependent development that require a location waterward of the ordinary high water mark of rivers and lakes, associated wetlands and/or within their associated buffers. b. Underground utilities. c. Modifications to existing development that are necessary to comply with environmental requirements of any agency, when otherwise consistent with this Program, provided that the Administrator determines that the facility cannot meet the dimensional standard and accomplish the purpose for which it is intended and the facility is located, designed, and constructed to meet specified dimensional standards to the maximum extent feasible, and the modification is in conformance with the provisions of Section 1.11 Prior Development and Nonconformance, for non-conforming development and uses. d. Roads, railways and other essential public facilities that must cross shorelines and are necessary to access approved water-dependent development. e. Stairs and walkways not greater than 5 feet in width nor 18 inches in height above grade, except for railings. f. An essential public facility or public utility where the Administrator determines that no feasible alternative location will accommodate the use. g. Shared moorages shall not be subject to side yard setbacks when located on or adjacent to a property line shared in common by the project proponents.
7. Common line buffer/setback: A common line wetland or riparian buffer/setback may be utilized for the construction of a single-family residence on an undeveloped lot to accommodate shoreline views that are similar, yet not necessarily equal, to those from adjoining properties. Common line setbacks may be allowed on lots that are adjacent to lots that have a single family residence on one or both adjoining shoreline lots within an urban growth area, a Rural Service Center, the Rural Conservancy shoreline environment or the Shoreline Residential shoreline environment.
The common line buffer/setback shall be determined by: a. Existing residential dwelling units on both sides: Where there are existing residences on both sides of the proposed residence, the setback shall be calculated the average of adjacent residences’ existing setback from the OHWM. b. Existing residential dwelling unit on one side: Where there is an existing residence within 150 feet of one side the proposed residence, the setback shall be determined as a common line calculated by the adjacent residences’ buffer/setback, as measured landward from the OHWM and the default buffer for the adjacent vacant lot.
A management and mitigation plan prepared by a qualified professional biologist shall be submitted and approved which demonstrates no net loss of ecological
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functions for the site in conformance with the applicable appendices of the jurisdiction in Appendix H.
8. Critical area buffer: See Appendix H for critical areas buffer standards within shoreline jurisdiction.
9. Density of development: Residential density standards for urban and rural areas are listed below. Additional standards which apply to impervious surface area and water quality review may be found in Section 4.2, Water Quality.
Rural density standards- Where permitted, multi-family development, duplexes, subdivisions and short plats outside of urban growth boundaries shall not exceed the following maximum density standards, in addition to compliance with all other applicable provisions of this Program:
Urban conservancy: 3 dwelling units per acre Shoreline residential: 3 dwelling units per acre Rural conservancy: 1 dwelling unit per 2 acres Natural: 1 dwelling unit per 10 acres
Density for subdivisions, short plats, and multi-family and duplex development shall be calculated based on the total area of the parent parcel including those areas located outside of shoreline jurisdiction. Submerged lands within the boundaries of any waterfront parcel that are located waterward of the ordinary high water mark shall not be used in density calculations.
Urban density standards- Where permitted, multi-family development, duplexes, subdivisions and short plats within urban growth boundaries shall not exceed the following maximum density standards, in addition to compliance with all other applicable provisions of this Program:
Shoreline residential: 5 dwelling units per acre Urban conservancy: 17 dwelling units per acre High intensity & Mixed-Use: 26 dwelling units per acre Natural: 1 dwelling unit per 10 acres
The maximum allowable development density shall be calculated based upon the area of the parent parcel located within the shoreline jurisdiction. Submerged lands within the boundaries of the parcel, located waterward of the ordinary high water mark, shall not be used in calculating the density of development for the land within the shoreline area or for the entire parcel. The density of that portion of the parent parcel located outside of the shoreline jurisdiction shall be limited to the density permitted by the underlying zoning district.
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10.9. No disturbance of the building setback shall be allowed during construction activity. Temporary fencing of the buffer area during construction activities shall be required consistent with Section 3.050(C)(2) of Appendix H.
11.10. Lot frontage: Lot frontage standards of underlying zoning districts and/or development standards of each jurisdiction may be more restrictive. The most restrictive lot frontage standard shall apply. Lot frontage refers to the minimum lot frontage for any division or exempt parcel transfer, or parcel boundary modification permitted by a local jurisdiction on the shoreline. Lot frontage shall be measure at right angles along a horizontal distance, between the side lot lines, at the most landward point of the ordinary high water mark. Lot frontage requirements are measured in feet.
Lot High Urban Mixed Shoreline Rural Natural Aquatic Frontage Intensity Conservancy Use Residential Conservancy
Standard 80 100 80 100 100 150 NA
12.11. Table 2. Building setbacks/side yard setbacks/height limits: Building setbacks noted below are measured from the landward edge of the local jurisdictions critical area buffer established in Appendix H. Please refer to the Shoreline Use Matrix for a list of permitted uses, for which these standards apply. Building setbacks shall not apply from critical area buffers when existing vegetation within the buffer is disturbed per Appendix H, Sections 2.050(B)(4) and 3.050 (B)(6)(c)(1) of this Program. Please refer to the underlying zoning code for side yard setbacks.
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All dimensions are in feet Shoreline Environment Designation Shoreline Uses High Urban Mixed Shoreline Rural Natural Aquatic Intensity Conservancy Use Residential Conservancy
Agriculture: dimensions applicable to structures Building setback 15 15 15 15 15 15 NA Side yard setback 20 20 20 20 20 20 NA Height limit 35 35 35 35 30 25 NA Aquaculture: dimensions applicable to structures and use Height limit NA NA NA NA 25 25 3 Side yard setback NA NA NA NA 500 500 500 Boating and moorage facilities: dimensions applicable to structures Height limit 25 25 25 25 25 25 15 Side yard setback 10 15 10 10 15 20 S Commercial: dimensions applicable to structures Building setback 15 15 15 15 15 NA NA Side yard setback 20 20 20 20 20 NA NA Height limit 35 35 35 35 30 NA NA Essential public facilities: dimensions applicable to structures Building setback 15 15 15 15 15 15 NA Side yard setback 20 20 20 20 20 20 NA Height limit 35 35 35 35 30 25 NA
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All dimensions are in feet Shoreline Environment Designation Shoreline Uses High Urban Mixed Shoreline Rural Natural Aquatic Intensity Conservancy Use Residential Conservancy
Industrial: dimensions applicable to structures Building setback 15 NA NA NA NA NA NA Side yard setback 20 NA NA NA NA NA NA Height limit 35 NA NA NA NA NA NA Institutional: dimensions applicable to structures Building setback 15 15 15 15 15 NA NA Side yard setback 20 20 20 20 20 NA NA Height limit 35 35 35 35 30 NA NA Mining: dimensions applicable to structures and use Side yard setback 50 100 NA NA 100 NA NA Height limit 35 35 NA NA 30 NA NA Recreational: dimensions applicable to structures Building setback 15 15 15 15 15 15 NA Side yard setback 20 20 20 20 20 20 NA Height limit 35 35 35 35 30 25 NA Residential: dimensions applicable to structures Building setback 15 15 15 15 15 15 NA Side yard setback- 20 20 20 20 NA NA NA MF Side yard setback- D 10 10 10 10 10 NA NA Side yard setback- 10 10 10 10 10 10 NA SF Height limit 35 35 35 35 30 25 NA Signs: dimensions applicable to structures Side yard setback 20 20 20 20 20 20 NA Height limit 15 10 15 10 10 10 NA Utilities: dimensions applicable to structures Building setback 15 15 15 15 15 15 NA Side yard setback 20 20 20 20 20 20 NA Height limit (not 35 35 35 35 30 25 NA including towers)
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13.12. Administrative Setback Reduction. The Administrator shall have the authority to reduce building and side yard setbacks established by Regulation #11 of Section 5.13, on a case-by-case basis for structures which would be placed on existing legal lots of record in place at the time of adoption of this Program. Reductions may be granted where the applicant demonstrates that all of the following criteria and standards have been met: a. Administrative setback reductions shall be processed in accordance with the provisions of Section 7.3.030 of this Program. b. The administrative setback reduction must be based upon circumstances where denial of the reduction would result in a thwarting of the policy enumerated in RCW 90.58.020. In all instances the applicant must demonstrate that extraordinary circumstances shall be shown and the public interest shall suffer no substantial detrimental impact. c. The administrative setback reduction is for development that will be located landward of the ordinary high water mark. d. The strict application of the setback standard precludes, or significantly interferes with use of the property. e. That the hardship described in d) above is the result of a unique condition such as irregular lot shape, size, or natural unique conditions or features and the application of the Master Program, and not for example, from deed restrictions or the applicant’s own actions. f. That the design of the project is compatible with other authorized uses within the area and with uses planned for the area under the comprehensive plan and shoreline master program and will not cause adverse impacts to the shoreline environment. g. That the setback reduction will not constitute a grant of special privilege not enjoyed by the other properties in the area. h. That the reduction requested is the minimum necessary to afford relief. i. The maximum setback reduction allowed shall not exceed twenty-five (25) percent, and in no case may be reduced to less than the setback requirement of the underlying zoning district. j. Sites which utilize this provision are not eligible for any future setback reductions, except as administered under Section 6.8 Variances, of this Program.
5.14 Shoreline stabilization Policies 1. Alternatives to structures for shoreline protection should be used whenever possible. Such alternatives may include no action, increased building setbacks, building relocation, drainage controls, and bioengineering, including vegetative stabilization, and beach nourishment.
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2. New or expanded structural shoreline stabilization for new primary structures should be avoided. Instead, structures should be located and designed to avoid the need for future shoreline stabilization where feasible. Land divisions should be designed to assure that future development of the created lots will not require structural shoreline stabilization for reasonable development to occur.
3. New or expanded structural shoreline stabilization should only be permitted where demonstrated to be necessary to protect an existing primary structure that is in imminent danger of loss or substantial damage, and where mitigation of impacts would not cause a net loss of shoreline ecological functions and processes.
4. New or expanded structural shoreline stabilization for enhancement, restoration, or hazardous substance remediation projects should only be allowed when non- structural measures, vegetation planting, or on site drainage improvements would be insufficient to achieve enhancement, restoration or remediation objectives.
5. Shoreline stabilization should not be permitted that would interfere with public access to shorelines, nor with other appropriate shoreline uses.
6. Provisions for multiple use, restoration, and/or public shoreline access should be incorporated into the location, design and maintenance of shoreline stabilization for public or quasi-public developments whenever safely compatible with the primary purpose. Shore stabilization on publicly owned shorelines should not be allowed to decrease long-term public use of the shoreline.
7. Shoreline stabilization should be developed in a coordinated manner among affected property owners and public agencies. Where erosion threatens existing development, a comprehensive program for shoreline management should be established.
8. In addition to conformance with the regulations in this section, non-regulatory methods to protect, enhance, and restore shoreline ecological functions and other shoreline resources should be encouraged for shoreline stabilization. Non-regulatory methods may include public facility and resource planning, technical assistance, education, voluntary enhancement and restoration projects, or other incentive programs.
9. Failing, harmful, unnecessary, or ineffective structures should be removed, and shoreline ecological functions and processes should be restored using non-structural methods or less harmful long-term stabilization measures.
10. Materials used for construction of shore stabilization should be selected for long- term durability, ease of maintenance, compatibility with local shore features including aesthetic values, and flexibility for future uses.
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11. Larger works such as jetties, breakwaters, weirs or groynegroin systems should be permitted only for water-dependent uses when the benefits to the region outweigh short term resource losses from such works, and only where mitigated to provide no net loss of shoreline ecological functions and processes.
12. New development that would require shoreline stabilization which causes significant impacts to adjacent or down-current properties and shoreline areas should not be allowed.
Regulations 1. New development or land divisions with a known or suspected geological hazard shall be set back from the geologic hazard or designed sufficiently to ensure that shoreline stabilization is not required during the life of the project, as demonstrated by a geotechnical analysis prepared in conformance with Section 4.1 Ecological Protection and Critical Areas.
2. New, expanded or replacement shoreline stabilization shall not be permitted unless it can be demonstrated that the proposed measures will not result in a net loss of shoreline ecological functions.
3. New or enlarged structural shoreline stabilization measures for an existing primary structure, including residences, are prohibited unless there is conclusive evidence, documented by a geotechnical analysis, that the structure is in danger from shoreline erosion caused by stream processes or waves. Normal sloughing, erosion of steep bluffs, or shoreline erosion itself, without a scientific or geotechnical analysis, is not demonstration of need. The geotechnical analysis shall evaluate on- site drainage issues and address drainage problems away from the shoreline edge before considering structural shoreline stabilization.
4. New shoreline stabilization for new water-dependent development is prohibited unless it can be demonstrated that: a. The erosion is not being caused by upland conditions, such as the loss of vegetation and drainage; b. Nonstructural measures, planting vegetation, or installing on-site drainage improvements, are not feasible or not sufficient; and c. The need to protect primary structures from damage due to erosion is demonstrated through a geotechnical report.
5. New shoreline stabilization for new non-water-dependent development, including single family residences, is prohibited unless it can be demonstrated that: a. The erosion is not being caused by upland conditions, such as the loss of vegetation and drainage; b. Nonstructural measures, such as placing the development further from the shoreline, planting vegetation, or installing on-site drainage improvements, are not feasible or not sufficient; and
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c. The need to protect primary structures from damage due to erosion is demonstrated through a geotechnical report. The damage must be caused by natural processes, such as stream processes or waves.
6. Where shoreline stabilization is allowed, it shall consist of “soft”, flexible, and/or natural materials or other bioengineered approaches unless a geotechnical analysis demonstrates that such measures are infeasible.
7. Replacement of an existing shoreline stabilization structure with a similar structure is permitted if there is a demonstrated need to protect primary uses or structures or public facilities including roads and bridges, railways, and utility systems, from erosion caused by stream undercutting or wave action. A geotechnical analysis shall be required to document that alternative solutions are not feasible or do not provide sufficient protection. Existing shoreline stabilization structures that are being replaced shall be removed from the shoreline unless removal of such structures will cause significant damage to shoreline ecological functions or processes. When a vertical or near vertical wall is being constructed or reconstructed, not more than one cubic yard of fill per one foot of wall may be used as backfill to qualify for single family home exemption. Replacement walls, bulkheads or revetments shall not encroach waterward of the ordinary high water mark or the existing shore defense structure unless the primary use being protected is a residence that was occupied prior to January 1, 1992, and there is overriding safety or environmental concerns. In such cases, the replacement structure shall abut the existing shoreline stabilization structure.
8. Beach nourishment and bioengineered erosion control projects may be considered a normal protective bulkhead when any structural elements are consistent with the above requirements and when the project has been approved by the Department of Fish and Wildlife.
9. GroynesGroins are prohibited except as a component of a professionally designed community or public beach management program that encompasses an entire reach for which alternatives are infeasible, or where installed to protect or restore shoreline ecological functions or processes.
10. Jetties and breakwaters are prohibited except as an integral component of a professionally designed marina. Where permitted, floating, portable or submerged breakwater structures, or smaller discontinuous structures are preferred where physical conditions make such alternatives with less impact feasible.
11. New or expanded shoreline stabilization may be permitted to protect projects with the primary purpose of enhancing or restoring ecological functions, or hazardous substance remediation permits pursuant to RCW 70.105D, Hazardous Waste Cleanup, when non-structural approaches, such as vegetation planting, and/or onsite drainage improvements are not feasible or do not provide sufficient protection.
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12. Proposed designs for new or expanded shoreline stabilization shall be designed and certified by a qualified engineer and a qualified biologist.
13. No motor vehicles, appliances, other similar structures nor parts thereof, nor structure demolition debris, nor any other solid waste shall be used for shore stabilization.
14. The size of shore stabilization measures shall be limited to the minimum necessary to provide protection for the primary structure or use it is intended to protect.
15. Public access shall be provided for publicly financed shoreline erosion control measures consistent with the requirements of WAC 173-26-231(3)(a)(iii)(E).
16. Geotechnical reports that address the need to prevent potential damage to a primary structure shall address the necessity for shoreline stabilization by estimating time frames and rates of erosion and report on the urgency associated with the specific situation.
17. Hard armoring solutions should not be authorized except when a geotechnical report confirms that there is a significant possibility that the primary structure will be damaged within three years as a result of shoreline erosion in the absence of hard armoring measures, or where waiting until the need is that immediate, would foreclose the opportunity to use measures that avoid impacts on ecological functions. Where the geotechnical report confirms a need to prevent potential damage to a primary structure, but the need is not as immediate as the three years, the report may still be used to justify more immediate authorization to protect against erosion using soft measures.
18. Shoreline stabilization for the purposes of addressing mass wasting or erosion due to upland conditions shall also be in conformance with Section 4.1 Ecological Protection and Critical Areas.
5.17 Utilities Policies 1. New public or private utilities should be located inland from the water unless, a. Perpendicular water crossings are unavoidable; or b. Utilities are required for authorized shoreline uses consistent with this Master Program.
2. Utilities should be located and designed to avoid adverse impacts to public recreation and public access areas and significant natural, historic, archaeological or cultural resources.
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3. Utilities should be located, designed, constructed, and operated to result in no net loss of shoreline ecological functions and processes.
4. Site planning and rights of way for utility development should provide for compatible multiple uses such as shore access, trails, and recreation or other appropriate use whenever possible; utility right-of-way acquisition should also be coordinated with transportation and recreation planning.
5. Utilities should be located in existing rights of way and corridors.
6. Utilities serving new development shall be located underground, where practical.
7. Development and/or maintenance of utility facilities that would disrupt shoreline ecological functions should be discouraged. When permitted, facilities and/or maintenance should not result in a net loss of shoreline ecological functions or significant impacts to other shoreline resources and values.
Regulations 1. All applicants shall document that the facility cannot be feasibly located outside of shoreline jurisdiction due to the uses served or the need to cross shorelands to connect specific end points. An analysis of alternatives may be required. New or expanded public or private utilities should be located inland from the water, preferably out of shoreline jurisdiction.
2. All applicants shall document that the proposed facilities comply with critical area regulations in Section 4.1, Ecological Protection and Critical Areas.
3. All applicants shall document how the location, design and use achieves no net loss of shoreline ecological functions and incorporates appropriate mitigation.
4. Applicants shall document that facilities will avoid adverse impacts to public recreation areas and significant natural, historic, archaeological or cultural sites, and that all feasible measures to minimize adverse impacts to such resources have been incorporated into the proposal.
5. Applications must demonstrate adequate provisions for preventing spills or leaks, as well as procedures for mitigating damages from spills or other malfunctions and shall demonstrate that periodic maintenance will not disrupt shoreline ecological functions.
6. Applications must demonstrate that the utility facility has located in existing right-of- way corridors where feasible.
7. Applications must demonstrate that the utility facility minimizes conflicts with present and planned uses of the shoreline.
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8. Facilities shall not result in a net loss of shoreline ecological functions and processes or significant adverse impacts to other shoreline resources and values such as parks and recreation facilities, public access and archaeological, historic, and cultural resources, and aesthetic resources.
9. Some utilities have critical location requirements, but are not normally water- dependent. Components that are not water-dependent shall not be located within the shoreline jurisdiction unless alternatives are infeasible and shall include analysis of alternative routes, and alternative designs which avoid or minimize impacts. Facilities not water dependantdependent include, but are not limited to: a. Sewage trunk lines, interceptors, and pump stations. b. Oil, gas and natural gas pipelines. c. Energy and communication systems including substations, towers, and transmission/distribution lines.
10. Solid Waste Facilities: a. Facilities for processing and storage and disposal of solid waste are not normally water-dependent. Components that are not water-dependent shall not be permitted within the shoreline jurisdiction. b. Disposal of solid waste on shorelines or in water bodies shall not be permitted. c. Temporary storage of solid waste in suitable receptacles is permitted as accessory use to a primary permitted use, or for litter control.
11. Developers and operators of pipelines and related appurtenances for gas and oil shall be required to demonstrate adequate provisions for preventing spills or leaks, as well as established procedures for mitigating damages from spills or other malfunctions and shall demonstrate that periodic maintenance will not disrupt shoreline ecological functions.
12. Poles or supports treated with creosote or other wood preservatives shall not be used in the water, along shorelines where contact with groundwater may occur or associated wetlands.
13. Where road right of ways or easements are within 150 feet and also are parallel to the shoreline for more than 500 feet, no new overhead wiring shall be installed between the road and OHWM.
14. Utilities for new development within the shoreline shall be installed underground.
15. Where federal requirements do not exempt hydroelectric facilities, dams, and diversion and tailrace structures from the provisions of this Program, such facilities shall be a conditional use.
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6.5 City councils and board of county commissioners City councils and board of county commissioners are vested with authority to: 1. Initiate an amendment to this Program according to the procedures prescribed in WAC 173-26-100. 2. Adopt all amendments to this Program, after consideration of the recommendation of the planning commission, where established. Substantive amendments shall become effective immediately upon adoption by the Department of Ecologyfourteen calendar days from the date of the Department of Ecology’s written notice of final action to the County. 3. Make final decisions with regard to shoreline substantial development permits which are not issued administratively, shoreline variances, shoreline conditional uses which are not issued administratively, and appeals of administrative decisions; where the jurisdiction has not adopted a hearing examiner system.
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7.3.030 Full administrative review of applications 1. Full administrative review shall be used when the proposed development is subject to objective and subjective standards that require the exercise of limited discretion about non-technical issues and about which there may be limited public interest. The proposed development may or may not be subject to SEPA review. Included within this type of review are applications for administrative interpretations, shoreline exemptions which require a letter of exemption, administrative shoreline substantial development permits, administrative shoreline conditional use permits, short subdivisions, multifamily, commercial, and industrial and/or office building permits, and essential public facilities. 2. The Administrator has the authority to elevate a shoreline substantial development permit application to quasi-judicial review due to the size and scope of the project. 2.3. This review procedure under full administrative review shall be as follows: a. If the proposed development is subject to the State Environmental Policy Act (SEPA), the threshold determination shall be made after the closing of the public comment period required in the notice of application. b. Upon the completion of the public comment period and the comment period required by SEPA, if applicable, the department may approve, approve with conditions, or deny the application. The department shall mail the notice of decision to the applicant and all parties of record. The decision shall include: (1) A statement of the applicable criteria and standards in the development codes and other applicable law; (2) A statement of the findings of the review authority, stating the application’s compliance or noncompliance with each applicable criterion, and assurance of compliance with applicable standards; (3) The decision to approve or deny the application and, if approved, conditions of approval necessary to ensure the proposed development will comply with all applicable laws; (4) A statement that the decision is final unless appealed as provided in Chapter 6 of this Program. The appeal closing date shall be listed. The statement shall describe how a party may appeal the decision, including applicable fees and the elements of a notice of appeal; (5) A statement that the complete case file, including findings, conclusions and conditions of approval, if any, is available for inspection. The notice shall list the place, days and times when the case file is available for inspection and the name and telephone number of the department’s representative to contact to arrange inspection. c. The decision may be appealed to the hearing examiner or city council pursuant to the process established in Chapter 6 of this Program.
7.3.040 Quasi-judicial review of applications 1. Quasi-judicial review shall be used when the development or use proposed under the application requires a public hearing before a hearing body. This type of review shall be used for shoreline conditional use permits, shoreline variances, shoreline
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substantial development permits which have been elevated to quasi-judicial review by the Administrator, [JJ12]and other similar applications. 2. The review procedure under quasi-judicial review shall be as follows: a. A quasi-judicial review process requires an open record public hearing before the appropriate hearing body. b. The public hearing shall be held after the completion of the public comment period and the comment period required by SEPA, if applicable. c. At least ten days before the date of a public hearing the department shall issue public notice of the date, time, location and purpose of the hearing. d. At least ten days before the date of the public hearing, the department shall issue a written staff report, integrating the SEPA review and threshold determination and recommendation regarding the application(s), shall make available to the public a copy of the staff report for review and inspection, and shall mail a copy of the staff report and recommendation to the applicant or the applicant’s designated representative. The department shall make available a copy of the staff report, subject to payment of a reasonable charge, to other parties who request it. e. Public hearings shall be conducted in accordance with the rules of procedure adopted by the hearing body. A public hearing shall be recorded. If for any reason, the hearing cannot be completed on the date set in the public notice, it may be continued during the public hearing to a specified date, time and location, without further public notice required. f. Within ten working days after the date the public record closes, the hearing body shall issue a written decision regarding the application(s). g. The hearing body may approve, approve with conditions or deny the application and shall mail the notice of its decision to the department, applicant, the applicant’s designated representative, the property owner(s), and any other parties of record. The decision shall include: (1) A statement of the applicable criteria, standards and law; (2) A statement of the findings the hearing body made showing the proposal does or does not comply with each applicable approval criterion and assurance of compliance with applicable standards; (3) A statement that the decision is final unless appealed pursuant to Chapter 6 of this Program. The appeal closing date shall be listed; (4) A statement that the complete case file, including findings, conclusions and conditions of approval, if any, is available for inspection. The notice shall list the place, days and times when the case file is available for inspection and the name and telephone number of the Department representative to contact to arrange inspection.
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8. Definitions The terms used throughout this Program shall be defined and interpreted as indicated below. When consistent with the context, words used in the present tense shall include the future; the singular shall include the plural, and the plural the singular. Definitions established by WAC 173 have been incorporated herein and should these definitions in the WAC be amended, the most current WAC definition shall apply.
1. “Accessory” means a building, area, structure, use or any part thereof, which is subordinate to, and the use of which is incidental to, that of the main building, structure or use on the same lot.any structure or use incidental and subordinate to a primary authorized use or development.
2. “Accretion shoreform” means a shoreline with a relatively stable berm and backshore that has been built up by long-term deposition of sand and gravel transported by wind and/or water from a feeder bluff or other material source. Such shoreforms are scarce locally and include barrier beaches, points, spits, and point and channel bars on streams.
3. “Act” means the Shoreline Management Act of 1971 (RCW 90.58) as amended.
4. “Active alluvial fan” means a portion or all of a fan that has experienced channel changes, erosion, or deposition. Active fans can be identified based on determination by field geomorphic and topographic evidence, and by historical accounts.
5. “Activity" means human activity associated with the use of land or resources.
6. “Administrator” means the Director of Douglas County Land Services, City of East Wenatchee Community Development Director, Mayor of the City of Bridgeport or Mayor of the City of Rock Island, as appropriate to jurisdiction, who is to carry out the administrative duties enumerated in this Program, or his/her designated representative.
7. “Adverse impact” means an impact that can be measured or is tangible and has a reasonable likelihood of causing moderate or greater harm to ecological functions or processes or other elements of the shoreline environment.
8. “Agriculture” or “agricultural activities” means agricultural uses and practices including, but not limited to: producing, breeding, or increasing agricultural products; rotating and changing agricultural crops; allowing land used for agricultural activities to lie fallow in which it is plowed and tilled but left unseeded; allowing land used for agricultural activities to lie dormant as a result of adverse agricultural market conditions; allowing land used for agricultural activities to lie dormant because the land is enrolled in a local, state, or federal conservation program, or the land is Chapter 8 54 Public Hearing Draft ATTACHMENT D
subject to a conservation easement; conducting agricultural operations; maintaining, repairing, and replacing agricultural equipment; maintaining, repairing, and replacing agricultural facilities, provided that the replacement facility is no closer to the shoreline than the original facility; and maintaining agricultural lands under production or cultivation . “New agriculture” means conversion of lands not in agricultural production converted to an agricultural activity.
9. “Agricultural equipment” and ”agricultural facilities” include, but are not limited to: a. The following used in agricultural operations: Equipment; machinery; constructed shelters, buildings, and ponds; fences; upland finfish rearing facilities; water diversion, withdrawal, conveyance, and use equipment and facilities including, but not limited to, pumps, pipes, tapes, canals, ditches, and drains; b. Corridors and facilities for transporting personnel, livestock, and equipment to, from, and within agricultural lands; c. Farm residences and associated equipment, lands, and facilities; and d. Roadside stands and on-farm markets for marketing fruit or vegetables.
10. "Agricultural land" means those specific land areas on which agricultural activities are conducted as of the date of adoption of a local master program pursuant to WAC 173-26 as evidenced by aerial photography or other documentation. After the effective date of the Master Program, land converted to agricultural use is subject to compliance with the requirements of the Master Program.
11. "Agricultural products" includes, but is not limited to, horticultural, viticultural, floricultural, vegetable, fruit, berry, grain, hops, hay, straw, turf, sod, seed, and apiary products; feed or forage for livestock; Christmas trees; hybrid cottonwood and similar hardwood trees grown as crops and harvested within twenty years of planting; and livestock including both the animals themselves and animal products including, but not limited to, meat, upland finfish, poultry and poultry products, and dairy products.
12. "Alluvial fan" means a fan-shaped deposit of sediment and organic debris formed where a stream flows or has flowed out of a mountainous upland onto a level plain or valley floor because of a sudden change in sediment transport capacity (e.g. significant change in slope or confinement).
13. "Alluvium" means a general term for clay, silt, sand, gravel, or similar other unconsolidated detrital materials, deposited during comparatively recent geologic time by a stream or other body of running water, as a sorted or semi-sorted sediment in the bed of the stream or on its floodplain or delta.
14. “Alteration” means any human induced change in an existing condition of a shoreline, critical area and/or its buffer. Alterations include, but are not limited to grading, filling, channelization, dredging, clearing (vegetation), draining,
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construction, compaction, excavation, or any other activity that changes the character of the area.
15. "Anadromous fish" means fish species that spend most of their lifecycle in saltwater, but return to freshwater to reproduce.
16. "Approval" means an official action by a local government legislative body agreeing to submit a proposed shoreline master program or amendments to the department for review and official action pursuant to this chapter; or an official action by the department to make a local government shoreline master program effective, thereby incorporating the approved shoreline master program or amendment into the state master program.
17. “Appurtenant structure” – A structure or development which is necessarily connected to the use and enjoyment of a single-family residence and is located landward of the ordinary high water mark (e.g., swimming pool).
18. “Aquaculture” means the farming or culture of food fish, or other aquatic plants or animals and may require development such as fish hatcheries, rearing pens, and structures, as well as use of natural spawning and rearing areas. The term “aquaculture” also includes activities related to growing, handling, or harvesting of aquatic produce, including, but not limited to, propagation, stocking, holding, nurturing, disease treatment, waste disposal, water use, development of habitat and structures.
19. “Aquaculture practices” means any activity directly pertaining to growing, handling, or harvesting of aquaculture produce including but not limited to propagation, stocking, feeding, disease treatment, waste disposal, water use, development of habitat and structures. Excluded from this definition are related commercial or industrial uses such as wholesale and retail sales, or final processing and freezing.
20. “Aquatic environment” means an area so designated in this Program.
21. “Archaeological resource/site” means a geographic locality in Washington, including, but not limited to, submerged and submersible lands and the bed of the sea within the state’s jurisdiction, that contains archaeological objects. “Significant” is that quality in American history, architecture, archaeology, engineering, and culture that is present in districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and association, and: a. That are associated with events that have made a significant contribution to the broad patterns of our history; or b. That are associated with the lives of significant persons in our past; or c. That embody the distinctive characteristics of a type, period or method of construction, or that represent the work of a master, or that possess high
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artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or d. That has yielded or may be likely to yield, information important in history or prehistory.
22. “Archaeologist” means a person who has designed and executed an archaeological study as evidenced by a thesis or dissertation and has been awarded an advanced degree such as an M.A., M.S. or Ph.D. from an accredited institution of higher education in archaeology, anthropology, or history or other germane discipline with a specialization in archaeology; has a minimum of one (1) year of field experience with at least twenty-four (24) weeks of field work under the supervision of a professional archaeologist, including no less than twelve (12) weeks of survey or reconnaissance work, and at least eight (8) weeks of supervised laboratory experience. Twenty (20) weeks of field work in a supervisory capacity must be documentable with a report produced by the individual on the field work.
23. "Associated wetlands" means those wetlands which are in proximity to and either influence or are influenced by tidal waters or a lake or stream subject to the Shoreline Management Act.
24. "Atypical situation" as used herein, refers to areas in which one or more parameters (vegetation, soil, and/or hydrology) have been sufficiently altered by recent human activities or natural events to preclude the presence of wetland indicators of the parameter. Recent refers to the period of time since legal jurisdiction of an applicable law or regulation took effect.
25. "Average grade level" means the average of the natural or existing topography of the portion of the lot, parcel, or tract of real property which will be directly under the proposed building or structure. In the case of structures to be built over water, average grade level shall be the elevation of ordinary high water. Calculation of the average grade level shall be made by averaging the elevations at the midpoint of all exterior walls of the proposed building or structure.
26. “Beach nourishment” means a restoration or shoreline stabilization activity in which selected beach material is deposited at one or several locations.
27. “Bedlands” means those submerged lands below the ordinary high water mark.
28. "Bedrock" means a general term for rock, typically hard, consolidated geologic material that underlies soil or other unconsolidated, superficial material or is exposed at the surface.
29. “Berm’ or ‘protective berm” means one or several accreted linear mounds of sand and gravel generally paralleling the shore at or landward of OHWM; berms are
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normally stable because of material size or vegetation, and are naturally formed by littoral drift.
30. "Best management practices" (BMP’s) means conservation practices or systems of practices and management measures that: a. Control soil loss and reduce water quality degradation caused by high concentrations of nutrients, animal waste, toxics, and sediment; b. Minimize adverse impacts to surface water and ground water flow, circulation patterns, and to the chemical, physical, and biological characteristics of wetlands; c. Protect trees and vegetation designated to be retained during and following site construction; and d. Provide standards for proper use of chemical herbicides within critical areas.
31. “Bioengineered shoreline stabilization” means biostructural and biotechnical alternatives to hardened structures (bulkheads, walls) for protecting slopes or other erosive features. Bioengineered stabilization uses vegetation, geotextiles, geosynthetics and similar materials. An example is vegetated reinforced soil slopes (VRSS), which uses vegetation arranged and imbedded in the ground to prevent shallow-mass movement and surficial erosion.
32. “Boathouse” means any roofed and enclosed structure built onshore or offshore for storage of water craft or float planes. See also Covered Moorage.
33. “Boat ramp” means a structure constructed of concrete or other material, which extends waterward of the ordinary high-water mark.
34. “Boat storage” means dry moorage- on land. See also Moorage.
35. “Breakwater” means protective structure, generally built off shore to protect harbor areas, moorages, navigation, beaches and bluffs from wave action. They may be fixed, open-pile or floating.
36. "Buffer (buffer zone)" means the area adjacent to a shoreline and/or critical area that separates and protects the area from adverse impacts associated with adjacent land uses. Buffers are precluded from further disturbance unless allowed by this SMP (e.g., no new fences, fire rings, septic facilities, etc.). Buffers are defined in this SMP and Appendix H Chapters 2.050(B) and 3.050(C).
37. “Building” means any combination of materials constructed, placed or erected permanently or temporarily on the ground or attached to something having a permanent location on the ground, for the shelter, support or enclosure of persons, animals or property, or supporting any use, occupancy or function whether artificially built or composed of parts joined together in some definite manner, which could be
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installed on, above or below the surface of the ground or water. The terms building and structure are synonymous.
38. “Bulkhead” means an upright partition that is watertight; a retaining wall.
39. “Buoy” means a floating object anchored in water to warn of rocks, etc., or to mark a channel.
40. "Channel migration zone (CMZ)" means the area along a river within which the channel(s) can be reasonably predicted to migrate over time as a result of natural and normally occurring hydrological and related processes when considered with the characteristics of the river and its surroundings.
41. “Channelization” means the straightening, relocation, deepening or lining of stream channels, including construction of continuous revetments or levees for the purpose of preventing gradual, natural meander progression.
42. “Chemicals” mean any synthetic substance or mixture of such substances used for a fertilizer, herbicide, pesticide, insecticide, or rodenticide.
43. “Circulation systems”- see transportation facilities/systems.
44. “City” means one of the three cities with shorelines in Douglas County: the Cities of Bridgeport, East Wenatchee, and Rock Island.
45. “Clearing” means the removal of vegetation or plant cover by manual, chemical, or mechanical means. Clearing includes, but is not limited to, actions such as cutting, felling, thinning, flooding, killing, poisoning, girdling, uprooting, or burning.
46. “Cluster subdivisiondevelopment” means land divisions that concentrate residential uses into a compact area with perimeter buffering, open space, community water and sewer systems and other conditions, and which are designed to prevent conflict with resource and critical areas.a form of development that permits a reduction in lot area and bulk requirements, and may provide a net increase in the number of lots permitted under a conventional subdivision, and the remaining land area is devoted to open space, active recreation, or preservation of environmentally sensitive areas or agriculture.
47. “Commercial development” means those facilities involved in a wholesale or retail business or service. They range from office buildings, hotels, motels, grocery markets, shopping centers, restaurants, gift shops and private or public indoor recreation facilities. Excluded from this category are residential or recreation subdivisions, agriculture, resort marinas and ports and industry.
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48. “Commercial docks” means those used for commercial or industrial uses. This does not include marinas.
49. "Commercial fish" means those species of fish that are classified under the Washington Department of Fish and Wildlife Food Fish Classification as commercial fish (WAC 220-12-010).
50. “Community access” means the right of all property owners or members of a residential development to get to and use the state's public waters, the water/land interface and associated shoreline area. It includes physical access that is either lateral (areas paralleling the shore) or perpendicular (an easement or community corridor to the shore), and/or visual access facilitated by scenic roads and overlooks, viewing towers and other community sites or facilities. Community access is not intended for the general public.
51. “Compensatory mitigation” means a mitigation project for the purpose of replacing, at an equivalent or greater level, unavoidable impacts that remain after all appropriate and practicable avoidance and minimization measures have been implemented. Compensatory mitigation includes, but is not limited to, wetland creation, restoration, enhancement, and preservation; stream restoration and relocation, rehabilitation; and buffer enhancement.
52. “Conditional use” means a use, development, or substantial development which is classified as a conditional use or is not classified within the applicable master program.
53. "Conservation" means the prudent management of rivers, streams, wetlands, wildlife and other environmental resources in order to preserve and protect them. This includes the careful use of natural resources to prevent depletion or harm to the environment.
54. “Conservation easement” means a legal agreement that the property owner enters into to restrict uses of the land for purposes of natural resources conservation. The easement is recorded on a plat or property deed, runs with the land, and is legally binding on all present and future owners of the property.
55. "Contaminant" means any chemical, physical, biological, or radiological substance that does not occur naturally in ground water, air, or soil or that occurs at concentrations greater than those in the natural levels (Chapter 172-200 WAC).
56. “County” means Douglas County, Washington.
57. “Covered moorage” means a roofed, floating or fixed offshore structure without walls other than minimal structural framework needed to support the roof for moorage of water craft or float planes.
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58. “Critical aquifer recharge area” means areas designated by WAC 365-190-080(2) that are determined to have a critical recharging effect on aquifers (i.e., maintain the quality and quantity of water) used for potable water as defined by WAC 365-190- 030(2).
59. "Critical areas" the following areas as designated in critical area standards as established in Appendix H: a. Critical aquifer recharge areas b. Wetlands c. Geologically hazardous areas d. Frequently flooded areas e. Fish and wildlife habitat conservation areas
60. “Critical habitat” means habitat areas with which endangered, threatened, sensitive or monitored plant, fish, or wildlife species have a primary association (e.g., feeding, breeding, rearing of young, migrating). Such areas are identified herein with reference to lists, categories, and definitions promulgated by the Washington Department of Fish and Wildlife as identified in WAC 232-12-011 or 232-12-014; in the Priority Habitat and Species (PHS) Program of the Department of Fish and Wildlife; or by rules and regulations adopted by the U.S. Fish and Wildlife Service, National Marine Fisheries Service, or other agency with jurisdiction for such designations.
61. “Current deflector” means an angled "stub-dike", groin, or sheet-pile structure which projects into a stream channel to divert flood currents from specific areas, or to control downstream current alignment.
62. “Dam” means a barrier across a stream or river to confine or regulate flow or raise water levels for purposes such as flood or irrigation water storage, erosion control, power generation, or collection of sediment or debris.
63. "Debris flow" means a moving mass of rock fragments, soil, and mud; more than half of the particles being larger than sand size; a general term that describes a mass movement of sediment mixed with water and air that flows readily on low slopes.
64. "Debris torrent" means a violent and rushing mass of water, logs, boulders and other debris.
65. "Deepwater habitats" means permanently flooded lands. Deepwater habitats include environments where surface water is permanent and often deep, so that water, rather than air, is the principal medium in which the dominant organisms live. The boundary between wetland and deepwater habitat in the riverine and lacustrine systems lies at a depth of two meters (6.6 feet) below low water; however, if
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emergent vegetation, shrubs, or trees grow beyond this depth at any time, their deepwater edge is the boundary.
66. "Delineation" means the precise determination of wetland boundaries in the field according to the application of the specific method described in the 1997 Washington State Wetland Delineation manual and/or the, Corps of Engineers Wetlands Delineation Manual 1987 Edition, as amended.
67. "Development" means a use consisting of the construction or exterior alteration of structures; dredging; drilling; dumping; filling; removal of any sand, gravel, or minerals; bulkheading; driving of piling; placing of obstructions; or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to this Program at any stage of water level. Development does not include dismantling or removing structures if there is no other associated development or re-development.
68. "Development regulations" means the controls placed on development or land uses by a county or city, including, but not limited to, zoning ordinances, critical areas standards, all portions of a shoreline master program other than goals and policies approved or adopted under Chapter 90.58 RCW, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto.
69. “Dike” means an artificial embankment or revetment normally set back from the bank or channel in the floodplain for the purpose of keeping floodwaters from inundating adjacent land.
70. “Disturbed vegetation” means areas, particularly within wetland and riparian buffers, where native vegetation has been and continues to be disturbed as part of a legally established recreational or residential development, including associated site improvements, or prior agricultural use, resulting in vegetated area that provides minimal habitat function or value. Typical disturbances include mowed lawn areas, landscaped areas, recreational uses, previous agricultural uses that are currently mowed, and maintained upland grasses and weedy species.
71. “Dock” means all platform structures or anchored devices in or floating upon water bodies to provide moorage for pleasure craft or landing for water-dependent recreation consisting of any combination of fixed pier, gangway, and/or float. Docks includeing but are not limited to floats, swim floats, float plane moorages, and water ski jumps. Excluded are launch ramps. (a) Private docks- over-water structures are constructed and utilized for private moorage by a single residential waterfront property owner; or an upland property owner adjacent to publicly owned shoreline where the public entity has authorized the placement of a private dock.
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(b) Joint use docks - are constructed and utilized by two or more contiguous residential waterfront property owners. Joint use dock facilities may also serve one waterfront property owner and one or more contiguous upland property owners; or may consist of two or more upland property owners adjacent to publicly owned shoreline, where the public entity has authorized the placement of a joint use dock. (c) Community docks- are typically designed and constructed to serve all or a significant component of the members of a residential development; which typically include waterfront property owners and often include non-water front property owners. A homeowner’s association usually owns a shoreline tract(s) or easement (s) providing for the potential placement of the dock facilities; and is responsible for the ownership and maintenance of the facilities. Where the shoreline is owned by a public entity and the entity has authorized dock facilities, the dock facilities for multiple upland property owners of a residential development would also be considered community dock facilities. (d) Public docks- are constructed and utilized for use by the general public, typically owned and managed by a public agency and may include a boat ramp.
72. "Drainage ditch" means an artificially created watercourse constructed to drain surface or ground water. Ditches are graded (man-made), channels installed to collect and convey runoff from fields and roadways. Ditches may include irrigation ditches, waste ways, drains, outfalls, operational spillways, channels, storm water runoff facilities or other wholly artificial watercourses, except those that directly result from the modification to a natural watercourse. Ditched channels that support fish are considered to be streams.
73. “Dredging” means the removal, displacement, and disposal of unconsolidated earth material such as silt, sand, gravel, or other submerged material from the bottom of water bodies; maintenance dredging and other support activities are included in this definition. Dredging is commonly done in shallow environments to deepen wet moorage, marinas, harbors and their entrances, and navigational lanes and to obtain bottom materials for landfill or construction.
74. "Duration (inundation/soil saturation)" means the length of time during which water stands at or above the soil surface (inundation), or during which the soil is saturated. As used herein, duration refers to a period during the growing season.
75. "Dwelling unit" means a building or portion thereof designed exclusively for residential purposes on a permanent basis; to be used, rented, leased, or hired out to be occupied for living purposes having independent living facilities, including permanent provisions for living, sleeping, eating, cooking, and sanitation. No motor home, travel trailer, tent trailer or other recreational vehicle shall be considered a dwelling unit.
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76. "Multifamily dwelling" means a building containing three or more dwelling units.
77. "Single-family dwelling" means a building containing one dwelling unit on one lot, other than an accessory dwelling. A single-family dwelling unit can be either attached or a detached unit, provided each unit is located on a separate lot.
78. "Two-family dwelling (duplex)" means a building containing two attached dwelling units on one lot, other than an accessory dwelling.
79. “Ecological functions” or ”shoreline functions” means the work performed or role played by the physical, chemical, and biological processes that contribute to the maintenance of the aquatic and terrestrial environments that constitute the shoreline's natural ecosystem. See WAC 173-26-201(3)(d)(i)(C). Functions include, but are not limited to, habitat diversity and food chain support for fish and wildlife, ground water recharge and discharge, high primary productivity, low flow stream water contribution, sediment stabilization and erosion control, storm and flood water attenuation and flood peak desynchronization, and water quality enhancement through biofiltration and retention of sediments, nutrients, and toxicants. These beneficial roles are not listed in order of priority.
80. “Ecosystem processes”, or “ecosystem-wide processes” means the suite of naturally occurring physical and geologic processes of erosion, transport, and deposition; and specific chemical processes that shape landforms within a specific shoreline ecosystem and determine both the types of habitat and the associated ecological functions.
81. “Emergency activities” are those activities that require immediate action within a time too short to allow full compliance with this program due to an unanticipated and imminent threat to public health, safety or the environment. Emergency construction does not include development of new permanent protective structures where none previously existed. All emergency construction shall be consistent with the policies of 90.58 RCW and this Program. As a general matter, flooding or other seasonal events that can be anticipated and may occur but that are not imminent are not an emergency.
82. "Emergent wetland" means a wetland with at least thirty percent (30%) of the surface area covered by erect, rooted, herbaceous vegetation as the uppermost vegetative strata.
83. “Enhancement” means actions performed within a shoreline, critical area and/or buffer to intentionally increase or augment one or more functions or values of the existing area. Enhancement actions include, but are not limited to, increasing plant diversity and cover, increasing wildlife habitat and structural complexity (snags,
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woody debris), installing environmentally compatible erosion controls, or removing non-indigenous plant or animal species.
84. “Erosion” means a process whereby wind, rain, water and other natural agents mobilize, and transport, and deposit soil particles.
85. “Erosion hazard areas” means lands or areas underlain by soils identified by the U.S. Department of Agriculture Natural Resource Conservation Service (NRCS) as having “severe” or “very severe” erosion hazards and areas subject to impacts from lateral erosion related to moving water such as river channel migration and shoreline retreat.
86. “Essential public facilities” means those publicly and privately owned and/or operated facilities, structures, utilities and uses that are typically difficult to site due to scale and operational characteristics that may pose potentially hazardous or inherently objectionable conditions if permitted to site without public review. Examples of essential public facilities include, but are not limited to, airports, state education facilities, state or regional transportation facilities, state and local correction facilities, solid waste handling facilities and inpatient facilities including substance abuse facilities, mental health facilities and group homes.
87. “Excavation” means any act by which soil, sand, gravel, rock or any similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed and shall include the conditions resulting there from.
88. "Exempt" developments are those set forth in WAC 173-27-040 and RCW 90.58.030 (3)(e), 90.58.140(9), 90.58.147,90.58.355 , and 90.58.515 which are not required to obtain a substantial development permit but which must otherwise comply with applicable provisions of the act and the local master program.
89. “Existing and ongoing agricultural activities” means those activities conducted on lands defined in RCW 36.70A.030 and those activities involved in the production of crops and livestock, including, but not limited to, operation and maintenance of existing farm and stock ponds or drainage ditches, irrigation systems, changes between agricultural activities, and maintenance or repair of existing serviceable structures and facilities. Activities that result in the filling of an area or bring an area into agricultural use are not part of an ongoing activity. An operation ceases to be ongoing when the area on which it was conducted has been converted to a non- agricultural use, or has lain idle for more than five (5) years unless that idle land is registered in a federal or state soils conservation program. Forest practices are not included in this definition.
90. "Exotic" means any species of plants or animals that is not indigenous to the area.
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91. “Fair market value” of a development means the open market bid price for conducting the work, using the equipment and facilities, and purchase of the goods, services and materials necessary to accomplish the development. This would normally equate to the cost of hiring a contractor to undertake the development from start to finish, including the cost of labor, materials, equipment and facility usage, transportation and contractor overhead and profit. The fair market value of the development shall include the fair market value of any donated, contributed or found labor, equipment or materials.
92. "Farm pond" means an open water depression created from a non-wetland site in connection with agricultural activities.
93. “Feasible" means an action, such as a development project, mitigation, or preservation requirement, meets all of the following conditions: a. The action can be accomplished with technologies and methods that have been used in the past in similar circumstances, or studies or tests have demonstrated in similar circumstances that such approaches are currently available and likely to achieve the intended results; b. The action provides a reasonable likelihood of achieving its intended purpose; and c. The action does not physically preclude achieving the project's primary intended legal use. In cases where this Program requires certain actions, unless they are infeasible, the burden of proving infeasibility is on the applicant/proponent. In determining an action's infeasibility, the jurisdiction may weigh the action's relative costs and public benefits, considered in the short and long-term time frames.
94. “Feasible alternative” means an substitute action that is available and reasonably capable of being carried out after taking into consideration, existing technology and logistics in light of overall project purposes, and that has less impact to critical areas. Cost shall not be the sole basis for determining feasibility.
95. “Feeder bluff” or “erosional bluff” means any bluff (or cliff) experiencing periodic erosion from waves, sliding or slumping, and/or whose eroded sand or gravel material is naturally transported (littoral drift) via a driftway to an accretion shoreform; these natural sources of beach material are limited and vital for the long- term stability of driftways and accretion shoreforms.
96. “Feed lot” means a confined area or structure for feeding, breeding or holding livestock for eventual sale or slaughter and in which animal waste accumulates faster than it can naturally dissipate without creating a potential for a health hazard, particularly with regard to surface and groundwater; but not including barns, pens or other structures used in a dairy operation or structures on farms holding livestock primarily during winter periods.
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97. "Fill" means the addition of soil, sand, rock, gravel, sediment, earth retaining structure, or other material to an area waterward of the OHWM, in wetlands, or on shorelands in a manner that raises the elevation or creates dry land.
98. “Fill material” means any solid or semi-solid material, including rock, sand, soil, clay, overburden from mining or other excavation activities, and materials used to create any structure or infrastructure, that when placed, changes the grade or elevation of the receiving site. Materials such as plastics, construction debris, wood chips, etc., would be regulated as either solid waste or inert waste and not fill material for the purposes of this Program.
99. “Filling” means the act of transporting or placing by any manual or mechanical means fill material from, to, or on any soil surface, including temporary stockpiling of fill material.
100. “Fish and wildlife habitat conservation areas” are areas important for maintaining species in suitable habitats within their natural geographic distribution so that isolated populations are not created, as designated in critical areas standards identified in Appendix H.
101. "Fish habitat" means a complex of physical, chemical, and biological conditions that provide the life supporting and reproductive needs of a species or life stage of fish. Although the habitat requirements of a species depend on its age and activity, the basic components of fish habitat in rivers, streams, ponds, lakes, estuaries, marine waters, and nearshore areas include, but are not limited to, the following: a. Clean water and appropriate temperatures for spawning, rearing, and holding; b. Adequate water depth and velocity for migrating, spawning, rearing, and holding, including off-channel habitat; c. Abundance of bank and instream structures to provide hiding and resting areas and stabilize stream banks and beds; d. Appropriate substrates for spawning and embryonic development. For stream and lake dwelling fishes, substrates range from sands and gravel to rooted vegetation or submerged rocks and logs. Generally, substrates must be relatively stable and free of silts or fine sand; e. Presence of riparian vegetation as defined in this article. Riparian vegetation creates a transition zone, which provides shade, and food sources of aquatic and terrestrial insects for fish; f. Unimpeded passage (i.e. due to suitable gradient and lack of barriers) for upstream and downstream migrating juveniles and adults.
102. “Floats” means a detached, anchored structure that is free to rise and fall with water levels including any floating, anchored platform or similar structure, used for boat mooring, swimming or similar recreational activities that is not anchored or accessed directly from the shoreline.
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103. “Flood/flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of waters and/or the unusual rapid accumulation of surface runoff.
104. “Flood control works” means all development on rivers and streams designed to retard bank erosion, to reduce flooding of adjacent lands, to control or divert stream flow, or to create a reservoir, including but not limited to revetments, dikes, levees, channelization, dams, vegetative stabilization, weirs, flood and tidal gates. Excluded are water pump apparatus.
105. “Floodgate” means a closeable passageway placed in a river, stream or artificial channel to control flood waters.
106. "Floodplain" is synonymous with one hundred-year flood plain and means that land area susceptible to inundation with a one percent chance of being equaled or exceeded in any given year. The limit of this area shall be based upon flood ordinance regulation maps or a reasonable method which meets the objectives of the Act.
107. “Floodplain management” means a long-term program to reduce flood damages to life and property and to minimize public expenses due to floods through a comprehensive system of planning, development regulations, building standards, structural works, and monitoring and warning systems.
108. “Flood-proofing” means structural provisions, changes, adjustments or a combination thereof, to buildings, structures, and works in areas subject to flooding in order to reduce or eliminate damages from flooding to such development and its contents, as well as related water supplies and utility facilities.
109. "Floodway" means the area, as identified in a master program that either: (i) has been established in federal emergency management agency flood insurance rate maps or floodway maps; or (ii) consists of those portions of a river valley lying streamward from the outer limits of a watercourse upon which flood waters are carried during periods of flooding that occur with reasonable regularity, although not necessarily annually, said floodway being identified, under normal condition, by changes in surface soil conditions or changes in types or quality of vegetative ground cover condition, topography, or other indicators of flooding that occurs with reasonable regularity, although not necessarily annually. Regardless of the method used to identify the floodway, the floodway shall not include those lands that can reasonably be expected to be protected from flood waters by flood control devices maintained by or maintained under license from the federal government, the state, or a political subdivision of the state.
110. “Floodway fringe” means that fringe of land in the floodplain outside the floodway, which is subject to inundation by the base flood. Flooding in the fringe is limited to
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flood surge storage of water currents moving at a negligible velocity of less than 0.5 miles per hour.
111. “Food chain” means the hierarchy of feeding relationships between species in a biotic community. The food chain represents the transfer of material and energy from one species to another within an ecosystem.
112. “Freestanding sign” means any sign supported by one or more uprights, poles or braces in or upon the ground and that are independent from any building or other structure.
113. “Frequently flooded areas” means lands in the floodplain subject to a one percent (1%) or greater chance of flooding in any given year and those lands that provide important flood storage, conveyance and attenuation functions, as determined by the jurisdiction in accordance with WAC 365-190-080(3). Classifications of frequently flooded areas include, at a minimum, the 100-year floodplain designations of the Federal Emergency Management Agency and the National Flood Insurance Program, as designated in critical areas standards identified in Appendix H.
114. “Function assessment or functions and values assessment” mean a set of procedures, applied by a qualified professional, to identify the ecological functions being performed in a shoreline or critical area, usually by determining the presence of certain characteristics, and determining how well the area is performing those functions. Function assessments can be qualitative or quantitative and may consider social values potentially provided by area. Function assessment methods must be consistent with best available science.
115. “Gabions” means works composed of masses of rock, rubble, or masonry tightly enclosed usually by wire mesh so as to form massive blocks. They are used to form walls on beaches to retard wave erosion or as foundations for breakwaters or jetties.
116. "Game fish" means those species of fish that are classified by the Washington Department of Fish and Wildlife as game fish (WAC 232-12-019).
117. "Geologically hazardous areas" means areas designated in critical areas standards identified in Appendix H that, because of their susceptibility to erosion, sliding, earthquake, or other geological events, pose unacceptable risks to public health and safety and may not be suited to commercial, residential, or industrial development.
118. “Geologically unstable” means the relative instability of a shoreform or land form for development purposes over the long-term or the intended life of any proposed structure. Soil, slope, ground or surface water, other geologic conditions, vegetation and effects of development are common factors that contribute to instability. Areas characterized by banks or bluffs composed of unconsolidated alluvial or glacial deposits (till and drift material), severely fractured bedrock, active and substantial
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erosion, substantially deformed trees and shrubs, or active or inactive earth slides are likely to be considered geologically unstable. A determination by the jurisdiction of geologically unstable shoreline areas shall be made using the best available information at the time.
119. "Geotechnical report" or "geotechnical analysis" means a scientific study or evaluation conducted by a qualified professional that includes a description of the ground and surface hydrology and geology, the affected land form and its susceptibility to mass wasting, erosion, and other geologic hazards or processes, conclusions and recommendations regarding the effect of the proposed development on geologic conditions, the adequacy of the site to be developed, the impacts of the proposed development, alternative approaches to the proposed development, and measures to mitigate potential site-specific and cumulative geological and hydrological impacts of the proposed development, including the potential adverse impacts to adjacent and down-current properties. Geotechnical reports shall conform to accepted technical standards and must be prepared by qualified professional engineers or geologists who have professional expertise about the regional and local shoreline geology and processes.
120. "Gradient" means a degree of inclination, or a rate of ascent or descent, of an inclined part of the earth's surface with respect to the horizontal; the steepness of a slope. It is expressed as a ratio (vertical to horizontal), a fraction (such as meters/ kilometers or feet/miles), a percentage (of horizontal distance), or an angle (in degrees).
121. “Grading" means the movement or redistribution of the soil, sand, rock, gravel, sediment, or other material on a site in a manner that alters the natural contour of the land.
122. “Groins” means a barrier type of structure extending from the backshore or stream bank into a water body for the purpose of the protection of a shoreline and adjacent uplands by influencing the movement of water or deposition of materials.
123. "Groundwater" means all water that exists beneath the land surface or beneath the bed of any stream, lake or reservoir, or other body of surface water within the boundaries of the state, whatever may be the geological formation or structure in which such water stands or flows, percolates or otherwise moves (Chapter 90.44 RCW).
124. "Growing season" means the portion of the year when soil temperatures at 19.7 inches below the soil surface are higher than biologic zero (5°C).
125. “Hazard tree” means any tree that is susceptible to immediate fall due to its condition (damaged, diseased, or dead) or other factors, and which because of its location is
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at risk of damaging permanent physical improvements to property or causing personal injury.
126. “Hazardous area” means any shoreline area which is hazardous for intensive human use or structural development due to inherent and/or predictable physical conditions; such as but not limited to geologically hazardous areas, and frequently flooded areas.
127. “Hazardous materials” means any substance containing such elements or compounds which when discharged in any quantity in shorelines present an imminent and/or substantial danger to public health or welfare; including, but not limited to: fish, wildlife, water quality, and other shoreline features and property.
128. “Hazardous substance” means any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical or biological properties described in WAC 173- 303-090 or 173-303-100.
129. “Hearings board” means the State Shorelines Hearings Board referenced in RCW 90.58.170.
130. "Height" is measured from average grade level to the highest point of a structure: Provided, that television antennas, chimneys, and similar appurtenances shall not be used in calculating height, except where such appurtenances obstruct the view of the shoreline of a substantial number of residences on areas adjoining such shorelines, or the applicable master program specifically requires that such appurtenances be included: provided further, that temporary construction equipment is excluded in this calculation.
131. “Historic site” means those sites that are eligible or listed on the Washington Heritage Register, National Register of Historic Places or any locally developed historic registry formally adopted by the local jurisdiction.
132. “Hydraulic project approval” (HPA) means a permit issued by the State Department of Fish and Wildlife for modifications to waters of the state in accordance with Chapter 75.20 RCW.
133. “Hydric soil” means a soil that is saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper part. The presence of hydric soil shall be determined following the methods described in the Washington State Wetland Identification and Delineation Manual (RCW 36.70A.175).
134. “Hydrologic soil groups” means soils grouped according to their runoff-producing characteristics under similar storm and cover conditions. Properties that influence runoff potential are depth to seasonally high water table, intake rate and permeability
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after prolonged wetting, and depth to a low permeable layer. Hydrologic soil groups are normally used in equations that estimate runoff from rainfall, but can be used to estimate a rate of water transmission in soil. There are four hydrologic soil groups: a. Low runoff potential and a high rate of infiltration potential; b. Moderate infiltration potential and a moderate rate of runoff potential; c. Slow infiltration potential and a moderate to high rate of runoff potential; and d. High runoff potential and very slow infiltration and water transmission rates.
135. "Hydrophytic vegetation" means the sum total of macrophytic plant life growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. When hydrophytic vegetation comprises a community where indicators of hydric soils and wetland hydrology also occur, the area has wetland vegetation.
136. “Hyporheic zone” means the saturated zone located beneath and adjacent to streams that contain some proportion of surface water from the surface channel mixed with shallow groundwater. The hyporheic zone serves as a filter for nutrients, as a site for macro-invertebrate production important in fish nutrition and provides other functions related to maintaining water quality.
137. “Impervious surface” means those hard surfaces that prevent or retard the entry of water into the soil. Such surfaces include, but are not limited to, rooftops, asphalt or concrete paving, driveways, parking lots, walkways, patio areas or storage areas, which similarly affect the natural infiltration.
138. “Industrial development” means facilities for processing, manufacturing, and storage of finished or semi-finished goods, including but not limited to oil, metal or mineral product refining, power generating facilities, including hydropower, ship building and major repair, storage and repair of large trucks and other large vehicles or heavy equipment, related storage of fuels, commercial storage and repair of fishing gear, warehousing construction contractors’ offices and material/equipment storage yards, wholesale trade or storage, and log storage on land or water, together with necessary accessory uses such as parking, loading, and waste storage and treatment. Excluded from this definition are mining including onsite processing of raw materials, and off site utility, solid waste, road or railway development, and methane digesters that are accessory to an agricultural use.
139. “Infiltration” means the passage or movement of water into the soil surface.
140. “Institutional development” means those public and/or private facilities including police and fire stations, libraries, activity centers, schools, educational and religious training centers, water-oriented research facilities, and similar non-commercial uses, excluding essential public facilities.
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139. "In-stream structure" means a structure placed by humans within a stream or river waterward of the ordinary high water mark that either causes or has the potential to cause water impoundment or the diversion, obstruction, or modification of water flow. In-stream structures may include those for hydroelectric generation, irrigation, water supply, flood control, transportation, utility service transmission, fish habitat enhancement, or other purpose.
140. “Invasive species" means a species that is 1) non-native (or alien) to Douglas County and 2) whose introduction causes or is likely to cause economic or environmental harm or harm to human health. Invasive species can be plants, animals, and other organisms (e.g., microbes). Human actions are the primary means of invasive species introductions.
141. “Jetties” means structures generally built singly or in pairs perpendicular to the shoreline at harbor entrances or river mouths to prevent shoaling and accretion of littoral sand drift. They also protect channels and inlets from crosscurrents and storm waves.
142. “Joint-use piers, ramps, and floats” are those constructed and utilized by more than one contiguous residential waterfront property owner or by a homeowner’s association. This does not include commercial marinas.
143. “Jurisdiction” means one of two definitions depending on context: a. the shoreline jurisdiction as established in Chapter 1 of this Program; or b. one or more of the participating governmental entities- Douglas County, the City of Bridgeport, City of East Wenatchee or the City of Rock Island.
144. “Lahar” means a mudflow and debris flow originating from the slopes of a volcano.
145. "Lake" means a body of standing water in a depression of land or expanded part of a river, including reservoirs, of twenty acres or greater in total area. A lake is bounded by the ordinary high water mark or, where a stream enters a lake, the extension of the elevation of the lake's ordinary high water mark within the stream. Where the ordinary high water mark cannot be found, it shall be the line of mean high water.
146. “Landfill” see “fill.”
147. "Landslide" means a general term covering a wide variety of mass movement landforms and processes involving the down slope transport, under gravitational influence of soil and rock material en masse; included are debris flows, debris avalanches, earthflows, mudflows, slumps, mudslides, rock slides, and rock falls.
148. “Landslide hazard areas” means areas that, due to a combination of site conditions like slope inclination and relative soil permeability are susceptible to mass wasting, as designated in critical areas standards as identified in Appendix H.
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149. “Launch ramp” means an inclined slab, set of pads, rails, planks, or graded slope used for launching boats with trailers or occasionally by hand. a. Private launch ramp - is constructed and utilized by a single residential waterfront property owner or a single upland property owner. b. Community launch ramp - are typically designed and constructed to serve two or more members of a residential development; which typically may include waterfront property owners and often include non-water front property owners. A homeowner’s association usually owns a shoreline tract(s) or easement (s) providing for the potential placement of the launch facilities; and is responsible for the ownership and maintenance of the facilities. Where the shoreline is owned by a public entity and the entity has authorized such facilities, the facilities for multiple upland property owners of a residential development would also be considered community launch ramp facilities. c. Public launch ramps - are constructed and utilized for use by the general public, typically owned and managed by a public agency.
150. “Levee” means a natural or artificial embankment on the bank of a stream for the purpose of keeping floodwaters from inundating adjacent land. Some levees have revetments on their sides.
151. “Liberal construction” means and interpretation that applies in writing in light of the situation presented that tends to effectuate the spirit and purpose of the writing.
152. “Line of navigability” means a horizontal line on the bed of a water body at a depth sufficient for navigation by watercraft commonly used on such water bodies; until such lines are finally established by the State Department of Natural Resources or court of law.
153. “Littoral drift” or “littoral transport” means the natural movement of sediment, particularly sand and gravel, along shorelines by wave action in response to prevailing winds or by stream currents.
154. "Long duration" means a period of inundation from a single event that ranges from seven days to one month.
155. “Lot” means land described by final plat, short plat or metes and bounds description and is established pursuant to applicable state and local regulations in effect at the date a legal instrument creating the lot is recorded at the Douglas County Auditor’s Office.
156. "Maintenance and repair" means work required to keep existing improvements in their existing operational state. This does not include any modification that changes the character, scope, or size of the original structure, facility, utility or improved area.
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157. “Marina” means a public or private water-dependent wet moorage and/or dry boat storage facility for pleasure craft and/or commercial craft where goods or services related to boating may be sold commercially. Marinas also include wet moorage facilities where boat moorage slips may be leased or rented to individuals who are not a member or owner of an associated residential development. Launching facilities may also be provided. Marinas may be open to the general public or restricted on the basis of property ownership or membership.
158. “Marsh” means a low flat wetland area on which the vegetation consists mainly of herbaceous plants such as cattails, bulrushes, tules, sedges, skunk cabbage or other hydrophytic plants. Shallow water usually stands on a marsh, at least during part of the year.
159. “Mass wasting” means downslope movement of soil and rock material by gravity. This includes soil creep, erosion, and various types of landslides, not including bed load associated with natural stream sediment transport dynamics.
160. "Master program" shall mean the comprehensive use plan for a described area, and the use regulations together with maps, diagrams, charts, or other descriptive material and text, a statement of desired goals, and standards developed in accordance with the policies enunciated in RCW 90.58.020.
161. “May” means the action is allowable, provided it conforms to the provisions of this Program.
162. “Mining” means the removal of naturally occurring metallic and non-metallic minerals or other materials from the earth for economic use.
163. “Mineral extraction” means the removal of topsoil, gravel, rock, clay, sand or other earth material, including accessory activities such as washing, sorting, screening, crushing and stockpiling. Not included is the leveling, grading, filling, or removal of materials during the course of normal site preparation for an approved use (e.g., residential subdivision, commercial development, etc.) subject to the provisions of this Program.
164. "Mitigation" means individual actions that may include a combination of the following measures, listed in order of preference: a. Avoiding an impact altogether by not taking a certain action or parts of actions; b. Minimizing impacts by limiting the degree or magnitude of an action and its implementation; c. Rectifying impacts by repairing, rehabilitating, or restoring the affected environment; d. Reducing or eliminating an impact over time by preservation and maintenance operations during the life of the action;
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e. Compensating for an impact by replacing or providing substitute resources or environments; and f. Monitoring the mitigation and taking remedial action when necessary.
165. “Mitigation bank” means a site where wetlands or similar habitats are restored, created, enhanced, or in exceptional circumstances, preserved, expressly for the purpose of providing compensatory mitigation in advance of authorized impacts to aquatic resources.
166. "Mitigation plan" means a detailed plan indicating actions necessary to mitigate adverse impacts to critical areas as detailed in Appendix H.
167. “Mixed use development” means a combination of uses within the same building or site as a part of an integrated development project with functional interrelationships and coherent physical design. Mixed use developments, which incorporate non- water oriented uses, must include water dependent use(s), except commercial uses complying with WAC 173-26-241(3)(d).
168. “Mixed use environment” means an area so designated in this Program.
169. “Monitoring” means evaluating the impacts of development proposals over time on the biological, hydrological, pedological, and geological elements of such systems and/or assessing the performance of required mitigation measures throughout the collection and analysis of data by various methods for the purpose of understanding and documenting changes in natural ecosystems and features, and includes gathering baseline data.
170. Moorage- storage of boats within water (see also Boat Storage).
171. “Multifamily dwelling” means a means a single building, or portion thereof, designed for or occupied by three or more families living independently of each other in separate dwelling units on one lot of record and, for the purpose of this code, includes triplexes, four-plexes, apartment buildings, and residential condominiums.
172. “Must” means a mandate; the action is required.
173. "Native vegetation" means plant species that are indigenous to the Douglas County and the local area.
174. “Natural environment” means an area so designated in this Program.
175. “Navigable Waters of the United States” means a water body that in its ordinary condition, or by being united with other water bodies, forms a continued route over which commerce is or may be carried on with other states or foreign countries in the customary modes in which such commerce is conducted by water.
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176. “No net loss” means the maintenance of the aggregate total of the County’s shoreline ecological functions. The no net loss standard requires that the impacts of shoreline development and/or use, whether permitted or exempt, be identified and mitigated such that there are no resulting adverse impacts on ecological functions or processes. Each project shall be evaluated based on its ability to meet the no net loss requirement.
177. “Nonconforming use” means an existing shoreline use that was lawfully established prior to the effective date of the Act or the applicable master program, but which does not conform to present use regulations due to subsequent changes to the master program.
178. “Nonconforming development or nonconforming structure” mean an existing structure that was lawfully constructed at the time it was built but is no longer fully consistent with present regulations such as setbacks, buffers or yards; area; bulk; height or density standards due to subsequent changes to the master program.
179. “Nonconforming lot” means a lot that met dimensional requirements of the applicable master program at the time of its establishment but now contains less than the required width, depth or area due to subsequent changes to the master program.
177. “Nonconforming” means a lot, use, building or structure which was lawful prior to the adoption, revision or amendment of the SMP, but which fails, by reason of such adoption, revision or amendment, to conform to the then current requirements of the Program.
178.180. “Non-water-oriented Use” means uses that are not water-dependent, water-related or water-enjoyment (WAC). Non-water-oriented uses have little or no relationship to the shoreline and are not considered priority uses under the Shoreline Management Act. Any use that does not meet the definition of water-dependent, water-related or water-enjoyment is classified as non-water-oriented.
179.181. “Obstruction (water-related)” means any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge conduit, culvert, building wire, fence, rock-gravel, refuse, fill, structure or matter in, along, across or projecting into any channel or regulatory flood hazard area which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.
180.182. “Off-premise sign” means a sign which advertises or promotes merchandise, service, goods, or entertainment which are sold, produced, manufactured or furnished at a place other than on the property on which the sign is located.
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181.183. "Off-site mitigation" means to replace compensate for impacts to shoreline resources functions away from the site that is impacted by development.
182.184. “Oil” means petroleum or any petroleum product in liquid, semi-liquid, or gaseous form including but not limited to crude oil, fuel oil, sludge, oil refuse and oil mixed with wastes other than dredging spoil.
183.185. “Ongoing agriculture” means those activities conducted on lands defined in RCW 84.34.020(2), and those activities involved in the production of crops and livestock, including but not limited to, operation and maintenance of existing farm and stock ponds or drainage ditches, irrigation systems, changes between agricultural activities, and maintenance or repair of existing serviceable structures and facilities. Activities that bring an area into agricultural use are not part of an ongoing activity. An operation ceases to be ongoing when the area on which it was conducted has been converted to a non-agricultural use, or has lain idle for more than five consecutive years unless that idle land is registered in a federal or state soils conservation program.
184.186. “On-premise sign” means a sign incidental to a lawful use of the premises on which it is located, advertising the business transacted, services rendered, goods sold or products produced on the premises or the name of the business, person, firm, or corporation occupying the premises
185.187. “Open space” means any parcel or area of land or water not covered by structures, hard surfacing, parking areas and other impervious surfaces except for pedestrian or bicycle pathways, or where otherwise provided by this Program or other county or city ordinance and set aside, dedicated, for active or passive recreation, visual enjoyment or critical area development buffers, as established in critical area regulations.
186.188. "Ordinary high water mark" on all lakes, streams, and tidal water is that mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by a local government or the department: PROVIDED, That in any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining salt water shall be the line of mean higher high tide and the ordinary high water mark adjoining fresh water shall be the line of mean high water .
a. The following criteria clarify this mark on lakes, and streams: b. Lakes. Where the ordinary high water mark cannot be found, it shall be the line of mean high water;
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c. Streams. Where the ordinary high water mark cannot be found, it shall be the line of mean high water. For braided streams, the ordinary high water mark is found on the banks forming the outer limits of the depression within which the braiding occurs;
187. “Party of record” includes all persons, agencies or organizations who have submitted written comments in response to a notice of application; made oral comments in a formal public hearing conducted on the application; or notified local government of their desire to receive a copy of the final decision on a permit and who have provided an address for delivery of such notice by mail.
188. “Piers” means fixed platforms above the water, perpendicular to the shoreline.
189. “Point” means a low profile shore promontory that may be either the wave-cut shelf remaining from an ancient bluff or the final accretional phase of a hooked spit that closed the leeward side gap. Points are accretion shoreforms characterized by converging berms accreted by storm waves that enclose a lagoon, marsh, or meadow, depending on the point's development stage.
190. “Point bar” means an accretion shoreform created by deposition of sand and gravel on the inside, convex side of a meander bend. Most material is transported downstream as sediment and bedload at times of high current velocity, or flood stage, from eroding banks or other bars upstream.
191. "Pond" means an open body of water, generally equal to or greater than 6.6 feet deep, that persists throughout the year and occurs in a depression of land or expanded part of a stream and has less than thirty percent (30%) aerial coverage by trees, shrubs, or persistent emergent vegetation. Ponds are generally smaller than lakes. Farm ponds are excluded from this definition. Beaver ponds that are two (2) years old or less are excluded from this definition.
192. "Potable" means water that is suitable for drinking by the public (Chapter 246-290 WAC).
193. “Preservation” means actions taken to ensure the permanent protection of existing, ecologically important areas that the local jurisdiction has deemed worthy of long- term protection.
194. "Prevalent vegetation" means the plant community or communities that occur in an area during a given period. The prevalent vegetation is characterized by the dominant macrophytic species that comprise the plant community
195. “Primary association” means the use of a habitat area by a listed or priority species for breeding/spawning, rearing young, resting, roosting, feeding, foraging, and/or migrating on a frequent and/or regular basis during the appropriate season(s) as well
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as habitats that are used less frequently/regularly but which provide for essential life cycle functions such as breeding/nesting/spawning.
196. “Priority habitat” means a habitat type with unique or significant value to one or more species. An area classified and mapped as priority habitat must have one or more of the following attributes: Comparatively high fish or wildlife density; comparatively high fish or wildlife species diversity; fish spawning habitat; important wildlife habitat; important fish or wildlife seasonal range; important fish or wildlife movement corridor; rearing and foraging habitat; refuge; limited availability; high vulnerability to habitat alteration; unique or dependent species; or shellfish bed. A priority habitat may be described by a unique vegetation type or by a dominant plant species that is of primary importance to fish and wildlife. A priority habitat may also be described by a successional stage. Alternatively, a priority habitat may consist of a specific habitat element (such as talus slopes, caves, snags) of key value to fish and wildlife. A priority habitat may contain priority and/or non-priority fish and wildlife (WAC 173-26- 020(24)).
197. "Priority species" means species requiring protective measures and/or management guidelines to ensure their persistence at genetically viable population levels. Priority species are those that meet any of the criteria listed below.
Criterion 1. State-listed or state proposed species. State-listed species are those native fish and wildlife species legally designated as endangered (WAC 232-12- 014), threatened (WAC 232-12-011), or sensitive (WAC 232-12-011). State proposed species are those fish and wildlife species that will be reviewed by the Department of Fish and Wildlife (POL-M-6001) for possible listing as endangered, threatened, or sensitive according to the process and criteria defined in WAC 232- 12-297.
Criterion 2. Vulnerable aggregations. Vulnerable aggregations include those species or groups of animals susceptible to significant population declines, within a specific area or statewide, by virtue of their inclination to congregate. Examples include heron colonies, seabird concentrations, and marine mammal congregations.
Criterion 3. Species of recreational, commercial, and/or tribal importance. Native and nonnative fish, shellfish, and wildlife species of recreational or commercial importance and recognized species used for tribal ceremonial and subsistence purposes that are vulnerable to habitat loss or degradation.
Criterion 4. Species listed under the federal Endangered Species Act as either proposed, threatened, or endangered (WAC).
198. “Projecting sign” means a sign that is attached to and projects at an angle from a building's exterior wall.
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199. "Provisions" means policies, regulations, standards, guideline criteria or environment designations.
200. “Public access” means the public's right to get to and use the state's public waters, the water/land interface and associated shoreline area. It includes physical access that is either lateral (areas paralleling the shore) or perpendicular (an easement or public corridor to the shore), and/or visual access facilitated by scenic roads and overlooks, viewing towers and other public sites or facilities. See also Community Access.
201. “Public interest” means the interest shared by the citizens of the state or community at large in the affairs of government, or some interest by which their rights or liabilities are affected including, but not limited to, an effect on public property or on health, safety, or general welfare resulting from adverse effects of a use or development.
202. “Public utility” means a use owned or operated by a public or publicly licensed or franchised agency that provides essential public services such as telephone exchanges, electric substations, radio and television stations, wireless communications services, gas and water regulation stations and other facilities of this nature.
203. “Qualified professional or qualified consultant” mean a person with experience and training with expertise appropriate for the relevant critical area subject in accordance with WAC 365-195-905(4). A qualified professional must have obtained a B.S. or B.A. or equivalent degree in biology, soil science, engineering, environmental studies, fisheries, geology, geomorphology or related field, and related work experience and meet the following criteria: a. A qualified professional for wetlands means a biologist who has a degree in biology, ecology, botany, or a closely related field and a minimum of five (5) years of professional experience in wetland identification and assessment in Eastern Washington. b. A qualified professional for habitat conservation areas means a biologist who has a degree in wildlife biology, ecology, fisheries, or closely related field and a minimum of five (5) years professional experience related to the subject species/habitat type. c. A qualified professional for geologically hazardous areas must be an engineer or geologist licensed in the state of Washington. An engineer must be licensed as a civil engineer pursuant to Chapter 18.43 RCW, to qualify. A geologist must be a practicing geologist licensed as a professional geologist pursuant to Chapter 18.22, RCW. d. A qualified professional for critical aquifer recharge areas means a Washington State licensed hydro-geologist, geologist, or engineer.
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204. “Quasi-public” means uses associated with churches or some non-profit organizations that provide public benefits or services.
205. “Recharge” means the process involved in the absorption and addition of water from the unsaturated zone to ground water.
206. “Recreation” means an experience or activity in which an individual engages for personal enjoyment and satisfaction. Most shore-based recreation outdoor recreation such as: fishing, hunting, beach combing, and rock climbing; various forms of boating, swimming, hiking, bicycling, horseback riding, camping, picnicking, watching or recording activities such as photography, painting, bird watching or viewing of water or shorelines, nature study and related activities.
207. “Recreational development” means development that provides opportunities for the refreshment of body and mind through forms of play, sports, relaxation, amusement or contemplation. It includes facilities for activities such as, but not limited to, skin diving, hiking, canoeing, kayaking, sailing, photography, viewing and fishing. It also includes facilities with more developed uses such as parks, campgrounds, golf courses and other outdoor recreation areas. It applies to both publicly and privately owned shoreline facilities intended for use by the general public, private club, group or association.
208. “Re-establishment” means measures taken to intentionally restore an altered or damaged natural feature or process including: a. Active steps taken to restore damaged wetlands, streams, protected habitat, and/or their buffers to the functioning condition that existed prior to an unauthorized alteration; b. Actions performed to re-establish structural and functional characteristics of the critical area that have been lost by alteration, past management activities, or other events; and c. Restoration can include restoration of wetland functions and values on a site where wetlands previous existed, but are no longer present due to lack of water or hydric soils.
209. “Rehabilitation” means a type of restoration action intended to repair natural or historic functions and processes. Activities could involve breaching a dike to reconnect wetlands to a floodplain or other activities that restore the natural water regime.
210. “Renovation” means to restore to an earlier condition as by repairing or remodeling. Renovation shall include any interior changes to the building and those exterior changes that do not substantially change the character of the existing structure.
211. “Repair or maintenance” mean an activity that restores the character, scope, size, and design of a serviceable area, structure, or land use to its previously authorized
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and undamaged condition. Activities that change the character, size, or scope of a project beyond the original design and drain, dredge, fill, flood, or otherwise alter critical areas are not included in this definition.
212. “Resident fish” means a fish species that completes all stages of its life cycle within freshwater and frequently within a local area.
213. “Residential development” means one or more buildings, structures or portions thereof that are designed and used as a place for human habitation. Included are single, duplex or multi-family dwellings, apartment/condominium buildings, mobile homes, short and long subdivisions and other structures that serve to house people.
214. “Restore”, ”restoration” or ”ecological restoration” means the re-establishment or upgrading of impaired ecological shoreline processes or functions. This may be accomplished through measures including, but not limited to, revegetation, removal of intrusive shoreline structures and removal or treatment of toxic materials. Restoration does not imply a requirement for returning the shoreline area to aboriginal or pre- European settlement conditions.
215. “Revetment” means a sloped wall constructed of rip rap or other suitable material placed on stream banks or other shorelines to retard bank erosion from high velocity currents or waves respectively.
216. “Rills” means steep-sided channels resulting from accelerated erosion. A rill is generally a few inches deep and not wide enough to be an obstacle to farm machinery. Rill erosion tends to occur on slopes, particularly steep slopes with poor vegetative cover.
217. “Rip rap” means dense, hard, angular rock free from cracks or other defects conductive to weathering used for revetments or other flood control works.
218. “Riparian habitat” is the area adjacent to flowing water that contains elements of both aquatic and terrestrial ecosystems which mutually influence each other. This habitat includes the area with riparian vegetation and the riparian area of influence, and is delineated by function rather than form. Riparian habitat does not include those artificial riparian areas intentionally created from non-riparian sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, and landscape amenities.
219. “Riparian area” is an area with distinctive hydrology and vegetation between a stream or other body of water and the adjacent upland. This definition includes wetlands and those portions of flood plains and valley bottoms that support riparian vegetation. “Riparian habitat area” is a standard management area on either side of a stream or river that is designed to include the full range of riparian habitat
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functions. This includes riparian habitat and upland habitat designated by a measurement from the ordinary high water mark.
220. "Riparian vegetation" means vegetation that tolerates and/or requires moist conditions and periodic free flowing water thus creating a transitional zone between aquatic and terrestrial habitats which provides cover, shade and food sources for aquatic and terrestrial insects for fish species. Riparian vegetation and their root systems stabilizes stream banks, attenuates high water flows, provides wildlife habitat and travel corridors, and provides a source of limbs and other woody debris to terrestrial and aquatic ecosystems, which, in turn, stabilize stream beds.
220.221. “Road” means an improved and maintained public or private road that provides vehicular circulation or principal means of access to abutting properties and may also include provisions for public utilities, pedestrian walkways, public open space and recreation areas, cut and fill slopes, and drainage.
221.222. “Roof sign” means a sign erected upon, against, or directly above a roof or on top of or above the parapet of a building; signs on mansard roofs shall be considered wall signs.
222.223. “Rural conservancy environment” means an area so designated pursuant to this Program.
223.224. “Seismic hazard areas“ means areas that are subject to severe risk of damage as a result of earthquake-induced ground shaking, slope failure, settlement, or soil liquefaction.
224.225. “Sensitive area” means any area that is naturally unsuitable or undesirable for intensive human use or development due to its higher development costs or its value to region or community in its natural or present condition.
225.226. "SEPA" is the acronym for the State Environmental Policy Act.
226.227. "Shall" means a mandate; the action must be done.
227.228. “Shared moorage”, means dock facilities that would include joint use and/or community dock facilities.
228.229. "Shorelands" or "shoreland areas" means those lands extending landward for two hundred feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward two hundred feet from such floodways; and all wetlands and river deltas associated with the streams, lakes, and tidal waters which are subject to the provisions of Chapter 90.58 RCW; the same to be designated as to location by the Department of Ecology. Any county or city may determine that portion of a one-hundred-year-flood plain to
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be included in its master program as long as such portion includes, as a minimum, the floodway and the adjacent land extending landward two hundred feet there from.
229.230. “Shoreline” means all of the water areas of the state within Douglas County, including reservoirs, and their associated wetlands, together with the lands underlying them; except (a) shorelines of state-wide significance; (b) shorelines on segments of streams upstream of a point where the mean annual flow is twenty feet per second or less and the wetlands associated with such upstream segments; and (c) shorelines on lakes less than twenty acres in size and wetlands associated with such small lakes
230.231. “Shoreline jurisdiction” means all shorelines of the state and shorelands.
231.232. "Shoreline modifications" means those actions that modify the physical configuration or qualities of the shoreline area, usually through the construction of a physical element such as a dike, breakwater, pier, weir, dredged basin, fill, bulkhead, or other shoreline structure. They can include other actions, such as clearing, grading, or application of chemicals.
232.233. “Shoreline permit” means a shoreline exemption, shoreline substantial development permit, a shoreline conditional use, or a shoreline variance, or any combination thereof issued by Douglas County, the City of Bridgeport, City of East Wenatchee, or City of Rock Island, as appropriate, pursuant to RCW 90.58.
233.234. “Shoreline residential environment” means an area designated pursuant to this Program.
234.235. “Shoreline stabilization” is structural or non-structural modifications to the existing shoreline intended to reduce or prevent erosion of uplands or beaches. They are generally located parallel to the shoreline at or near the OHWM. Other construction classified as shore defense works include groins, jetties and breakwaters, which are intended to influence wave action, currents and/or the natural transport of sediments along the shoreline.
235.236. "Shorelines of statewide significance" means the following shorelines of the state: a. Those lakes, whether natural, artificial, or a combination thereof, with a surface acreage of one thousand acres or more measured at the ordinary high water mark; b. Those natural rivers or segments thereof as follows: Any east of the crest of the Cascade range downstream of a point where the annual flow is measured at two hundred cubic feet per second or more, or those portions of rivers east of the crest of the Cascade range downstream from the first three hundred square miles of drainage area, whichever is longer; c. Those shorelands associated with the above.
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236.237. "Shorelines of the state" are the total of all "shorelines" and "shorelines of statewide significance" within the state.
237.238. “Should” means that the particular action is required unless there is a demonstrated, compelling reason, based on policy of the Act and this Program, against taking the action.
238.239. “Side yard” means the distance from the structure, such as a residence, to the parcel line. Examples: in the case of a residence it is the sides, but not the front or rear of the structure. In the case of a structure such as a dock, it means the distance along the shoreline to the parcel line.
239.240. “Sign” means an identification, description, illustration or device which is affixed to or represented, directly or indirectly, upon a structure or land, and which directs attention to a product, place, activity, person, institution, business or profession.
240.241. "Solid waste" shall have the same meaning attributed to the term as in Chapter WAC 173-304 as it now exists or may be amended or succeeded.
241.242. “Spit” means an accretion shoreform that is narrow in relation to length and extends parallel to or curves outward from shore; spits are also characterized by a substantial wave-built sand and gravel berm on the windward side, and a more gently sloping silt or marsh shore on the lagoon or leeward side; curved spits are called hooks.
242.243. “Statement of exemption” means a written statement by the Administrator that a particular development proposal is exempt from the substantial development permit requirement and is generally consistent with this Program including the policy of the Act (RCW 90.58.020) pursuant to Chapter 6.
243.244. "Streams" are those areas where surface waters produce a defined channel or bed. A defined channel or bed is an area that demonstrates clear evidence of the annual passage of water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds, and defined channel swales. The channel or bed need not contain water year round. This definition includes drainage ditches or other artificial water courses where natural streams existed prior to human alteration, and/or the waterway is used by anadromous or resident salmonid or other fish populations.
244.245. "Substantial development" as defined by RCW 90.58.030.
245.246. “Substantially degrade” means to cause significant ecological impact.
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246.247. "Toe" means the lowest part of a slope or cliff; the downslope end of an alluvial fan, landslide, etc.
247.248. "Top" means the top of a slope; or in this Program it may be used as the highest point of contact above a landslide hazard area.
248.249. “Transportation facilities” means those structures and developments that aid in the movement of people, goods and services across land and water surfaces. They include roads, streets and highways, bridges and causeways, bikeways, trails, railroad facilities, ferry terminals, airports and other related facilities.
249.250. "Typically adapted" is a term that refers to a species being normally or commonly suited to a given set of environmental conditions, due to some feature of its morphology, physiology, or reproduction.
250.251. “Unavoidable” means adverse impacts that remain after all appropriate avoidance and minimization measures have been implemented.
251.252. “Upland” generally means dry lands landward of OHWM. Some usages of the word may also include the area above riparian or wetland vegetation, or the area above the shoreline jurisdictional boundary.
252.253. “Urban conservancy environment” means an area designated pursuant to this Program.
253.254. “Utilities” means any water, gas, sanitary or storm sewer, electrical, telephone, irrigation, drainage way, wire or television communication facility and/or service and all persons, companies or governmental agencies furnishing the same. On-site utility features serving a primary use, such as a water, sewer or gas line to a residence, are "accessory utilities" and shall be considered a part of the primary use.
254.255. “Utility development” includes but is not limited to facilities for distributing, processing, or storage of water, sewage, solid waste, storm drainage, electrical energy including electronic communications, and their administrative structures, as well as pipelines for petroleum products, and fire fighting facilities. Power plants are considered industrial.
255.256. "Variance" is a means to grant relief from the specific bulk, dimensional or performance standards set forth in the applicable master program and not a means to vary a use of a shoreline.
256.257. “Vegetative stabilization” means planting of vegetation to retain soil and retard erosion; reduce wave action, and retain bottom materials. It also means utilization of temporary structures or netting to enable plants to establish themselves in unstable areas.
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257.258. "Very long duration" means a period of inundation from a single event that is greater than one month.
258.259. “Vessel” means ships, boats, barges, or any other floating craft which are designed and used for navigation and do not interfere with the normal public use of the water.
259.260. “Visual access” means access that provides a view of the shoreline or water, but does not allow physical access to the shoreline.
260.261. “Volcanic hazard areas” means geologically hazardous areas that are subject to pyroclastic flows, lava flows, debris avalanche, or inundation by debris flows, mudflows, or related flooding resulting from volcanic activity, as designated in critical area regulations.
261.262. “Wall sign” means any sign attached to or painted directly on the wall, or erected against and parallel to the wall of a building, not exceeding more than twelve inches from the wall.
262.263. “Water body” means a body of still or flowing water bounded by the OHWM.
263.264. "Water craft lift" is an in-water structure used for the dry berthing of vessels above the water level and lowering of vessels into the water periodically. A lift as herein defined is used to berth and launch a single vessel, suspended over the water's surface. A lift is generally a manufactured unit without a canopy cover and may be placed in the water adjacent to a dock or as stand-alone structure. A lift may be designed either for boats or personal watercraft.
264.265. "Water-dependent use" means a use or portion of a use which cannot exist in a location that is not adjacent to the water and which is dependent on the water by reason of the intrinsic nature of its operations.
265.266. "Water-enjoyment use" means a recreational use or other use that facilitates public access to the shoreline as a primary characteristic of the use; or a use that provides for recreational use or aesthetic enjoyment of the shoreline for a substantial number of people as a general characteristic of the use and which through location, design, and operation ensures the public's ability to enjoy the physical and aesthetic qualities of the shoreline. In order to qualify as a water- enjoyment use, the use must be open to the general public and the shoreline- oriented space within the project must be devoted to the specific aspects of the use that fosters shoreline enjoyment.
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266.267. "Water-oriented use" means a use that is water-dependent, water-related, or water-enjoyment, or a combination of such uses.
267.268. “Water quality" means the physical characteristics of water within shoreline jurisdiction, including water quantity, hydrological, physical, chemical, aesthetic, recreation-related, and biological characteristics. Where used in this Program, the term "water quantity" refers only to development and uses regulated under this Program and affecting water quantity, such as impermeable surfaces and storm water handling practices. Water quantity, for purposes of this Program, does not mean the withdrawal of ground water or diversion of surface water pursuant to RCW 90.03.250 through 90.03.340.
268.269. "Water-related use" means a use or portion of a use which is not intrinsically dependent on a waterfront location but whose economic viability is dependent upon a waterfront location because: a. The use has a functional requirement for a waterfront location such as the arrival or shipment of materials by water or the need for large quantities of water; or b. The use provides a necessary service supportive of the water-dependent uses and the proximity of the use to its customers makes its services less expensive and/or more convenient.
269.270. "Watershed" means a geographic region within which water drains into a particular river, stream or body of water.
270.271. "Well head protection area" means the area (surface and subsurface) managed to protect ground water based public water supplies.
271.272. “Weir” means a structure in a stream or river for measuring or regulating stream flow.
272.273. “Wet season” means the period generally between November 1 and March 30 of most years when soils are wet and prone to instability. The specific beginning and end of the wet season can vary from year to year depending on weather conditions.
273.274. “Wetlands” means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. Wetlands do not include those artificial wetlands intentionally created for non-wetland sites, including, but not limited to, irrigation and drainage ditches, grass lines swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or
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highway. Wetlands may include those artificial wetlands intentionally created from non-wetland areas to mitigate the conversion of wetlands.
274.275. “Wetland buffer” means a designated area contiguous or adjacent to a wetland that is required for the continued maintenance, function, and ecological stability of the wetland.
275.276. “Wetland class” means the general appearance of the wetland based on the dominant vegetative life form or the physiography and composition of the substrate. The uppermost layer of vegetation that possesses an aerial coverage of thirty percent (30%) or greater of the wetland constitutes a wetland class. Multiple classes can exist in a single wetland. Types of wetland classes include forest, scrub/shrub, emergent, and open water.
276.277. "Wetland delineation" means the precise determination of wetland boundaries in the field according to the application of specific methodology as described in the 1997 Washington State Wetland Delineation Manual or 1987 edition, as amended, Corps of Engineers Wetlands Delineation Manual and the mapping thereof.
277.278. “Wetland edge” means the boundary of a wetland as delineated based on the definitions contained in this Program.
278.279. “Wetland mitigation bank” means a site where wetlands and buffers are restored, created, enhanced, or in exceptional circumstances, preserved expressly for the purpose of providing compensatory mitigation in advance of authorized impacts to similar resources.
279.280. “Wood waste" means solid waste consisting of wood pieces or particles generated as a byproduct or waste from the manufacturing of wood products, handling and storage of raw materials and trees and stumps. This includes, but is not limited to, sawdust, chips, shavings, bark, pulp, hog fuel, and log sort yard waste, but does not include wood pieces or particles containing chemical preservatives such as creosote, pentachlorophenol, or copper-chrome-arsenate.
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Acronym List
BMP Best Management Practice BOD Biological Oxygen Demand CRMP Cultural Resource Management Plan DNR Department of Natural Resources DOE Department of Ecology ESA Endangered Species Act FDA Food and Drug Administration FEMA Federal Emergency Management Agency FERC Federal Energy Regulatory Commission GMA Growth Management Act HPA Hydraulic Project Approval IBC International Building Code LID Low Impact Development NMFS National Marine Fisheries Service NRCS Natural Resource Conservation Service OHWM Ordinary High Water Mark PUD Public Utility District RCW Revised Code of Washington SEPA State Environmental Policy Act SMA Shoreline Management Act SMP Shoreline Management Program TESC Temporary Erosion and Sediment Control WAC Washington Administrative Code WDFW Washington Department of Fish and Wildlife
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Appendix C. Cumulative effects
C.3 Foreseeable future development and use of the shoreline There is very minimal development likely to occur on the interior lakes or Banks Lake due to ownership (public or large landowners), proximity to existing development, and the water quality on most being alkaline in nature. Jameson Lake may have some recreational or rural residential related development occur on the north end- likely converting agricultural uses to others. On the south end of Jameson Lake very little development is expected to occur as most of the shoreline available for development has already occurred and the existing road lines the banks. The County records indicate almost no permits for development along any of the lakes in the last 10 years; only a couple in the Jameson Lake area.
The Columbia River Because the future development is likely to be very different in each of the reservoirs, this discussion will be separated into those areas, with the urban areas discussed separately at the end.
Lake Rufus Woods Most of this section of the river is designated Natural for a combination of factors: lack of development presently, poor accessibility, likelihood of demand for development in the future, extent of geologic hazards (steep or talus slopes), U.S. Corps of Engineers easement restrictions and ownership. Rural Conservancy was designated in areas where development may occur; agricultural areas and access points that presently exist. In the next 10-20 years the Corps is the most likely entity to improve or create shoreline access improvements, or other similar activities and is exempt from local permitting. Private development is most likely to occur in the section immediately upstream from Chief Joseph Dam where the zoning is Commercial Agriculture-10. The remaining shoreline is zoned either Dryland Ag-20 or Rural Resource 20. The proposed policies and regulations for the two Environment Designations should provide adequate protection or mitigation of shoreline resources. Any development that is likely to occur would be a conversion of uses- irrigated or row crop agriculture to residential and/or with water dependantdependent uses (docks, etc.).
Lake Pateros The Douglas County Public Utility District owns virtually all of the shoreline, although not the entire 200 foot jurisdictional area in all places. Similar to the Corps of Engineers, the PUD has a landowner agreement that allows some limited activities to occur on the shoreline (once all other permits are approved). The PUD also manages some of the area for fish and wildlife. In addition, some of the upland shoreline is also owned by state agencies or the Colville Tribes that are designated for fish and wildlife uses. The shoreline from Crane Orchards to the City of Bridgeport is a mix of Natural and Rural
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Conservancy Environment Designations; specific areas that are planned for wildlife management or inaccessible being designated Natural. The area upstream from Wells Dam to Crane Orchards is largely inaccessible and has some steep and unstable slopes thereby preventing most development from occurring, and designated Natural. Within the City of Bridgeport Urban Growth Area there is a mix of urban environment designations that generally follow the Comprehensive Plan designations. The likelihood of any significant development occurring along the shorelines in the next 10-20 years is minimal; development is most likely to occur in the Bridgeport UGA.
The City of Bridgeport expects some development to occur along the Columbia River shorelines, although to date interest has been limited. The ownership by the Douglas County PUD and U.S. Army Corps of Engineers in large part controls the level of development. There is interest in some shoreline related commercial uses and possible access by adjacent landowners although since it is a small community, much of the access desired is provided by the facilities at Marina Park. The shoreline has been designated Urban Conservancy on public lands east of the SR 17 bridge, and either Shoreline Residential or Mixed Use west of the bridge. Because of the current conditions and mitigation required for proposals no net impact is expected.
Lake Entiat Part of this section of river, from just north of McNeil Canyon south to Rocky Reach Dam, is likely to have the most development of all the Columbia River within Douglas County based on recent subdivisions of land, development, and zoning, including clustering provisions. This section is primarily designated Rural Conservancy, with small areas designated Natural and where local areas of more intense rural development, designated Shoreline Residential or Urban Conservancy. The Orondo Rural Service Center is the exception, designated Mixed Use to provide consistency with the Douglas County Comprehensive Plan. Upstream from McNeil Canyon to Wells Dam the shoreline is inaccessible and has very steep slopes that would prevent development from occurring in the next 10-20 years, and has been designated Natural. Chelan County PUD has flood easements along the entire reservoir, and in some areas owns the shorelines.
Rock Island Reservoir This section of river is likely to have the second most development of all the Columbia River in Douglas County based on proximity to East Wenatchee, recent subdivisions of land, development, and zoning, including clustering provisions. The primary area where development may occur is south of the SR 28 bridge (George Sellar Bridge), designated a mix of Shoreline Residential, High Intensity, and Urban Conservancy. North of the George Sellar Bridge the shoreline is almost entirely owned by the Washington State Department of Transportation, which has been designated Urban Conservancy; one existing use, the Douglas County Sewer District facilities occurs in just north of the Bridge. This reservoir includes the cities of East Wenatchee and Rock Island, discussed below. Chelan County PUD has flood easements along the entire reservoir, and in some areas owns the shorelines.
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Within the City of East Wenatchee UGA the development along the Columbia River most likely to occur is recreational in nature; additional trails and possible development of an additional boat access point. The upper banks, likely outside of the 200 foot jurisdictional area, will have increased residential development and some commercial development. The potential effect of development is increased use of the trail system, reduction in irrigated agricultural uses and stormwater runoff. Since the area is within a stormwater utility and regulated as such, stormwater runoff should have a very minor to negligible effect on the shorelines. Most of the shoreline has been designated Urban Conservancy because of the trail system and ownership, thereby providing adequate protection and regulation of shoreline uses. Because of the current conditions and mitigation required for proposals no net impact is expected.
The City of Rock Island shorelines, as previously discussed has inherent limitations to future development to most of the Columbia River. As provided for in the Restoration Plan, the developed industrial area has been identified as having potential for restoration. Over time it is likely that a net gain in shoreline functions could be realized through planning and development proposal mitigation. For the six lakes, various activities that are planned and in discussion in the community should improve the overall shoreline and aquatic functions. Gravel extraction operations, over the long- term, should improve the functions of Putter’s and Marina lakes by providing a wide variety of lake and shore habitats. The golf course, should it expand, would be required to mitigate for any changes in the shorelines along Putter’s and Hammond Lakes. Pit Lake, a juvenile fishing pond, may have additional recreational facilities incorporated, although they would not negatively affect the shorelines, and may improve conditions by concentrating some activities to specific sites. Hideaway Lake has been almost completely been designated natural; the Chelan County PUD owns almost all of the shoreline and annual recreational activities are expected to remain the same. Big Bow Lake, heavily used for recreational fisheries, may have some improvements in the established access sites, and may have some development occur that would replace existing orchards. Because of the current conditions and mitigation required for proposals no net impact is expected.
Wanapum Reservoir This section is likely to have the third most development of all the Columbia River in Douglas County based on available land and zoning, including clustering provisions. Portions of the area are inaccessible, having very steep slopes and basalt outcrops that would prevent development from occurring. Grant County PUD has flood easements along the entire reservoir, and in many areas owns the shorelines.
C.4 Analysis of future development Future development was examined developing two linear regression models. The first model was developed using the County Assessor records for sales of property located on the shorelines. The second model was based on building permits issued by the Transportation and Land Services Department for parcels within, or partially within, the shoreline jurisdiction. These two approaches were used to reflect what has occurred in recent years. A third analysis was completed on the shoreline based on all vacant
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parcels and parcels over 10 acres that are built, but have buildable area to approximate a future development scenario. Included in the analysis is the affect of clustering provisions. The result is what could happen at approximately full build-out- number of lots and dwelling units, and assuming different scenarios of lots sharing boating facility; a dock or similar mooring facility. The criteria developed to conduct the analysis include:
1. Zones that allow clustering were separated from those that do not; urban and agriculture designations; 2. No publicly owned land were included; 3. Vacant lots too small to be divided were added to dwelling units and boating facilities; 4. Boating facilities were estimated at 1, 2 and 4 lots per facility; 5. No critical areas were considered where a structure may not be able to be built; 6. Parcels include those in the land use inventory- residential over 1 acre, agriculture, and vacant; 7. Urban areas were calculated at ½ acre land divisions 8. Areas where community facilities were created, Bauer’s Landing and Sun Cove, were not included in the boating facility calculation; 9. Other regulatory restrictions, such as Regional General Permits were not considered; 10. Lots configured in such a manner that shoreline division could NOT occur were not considered- likely a very small amount.
This third analysis also reflects full build-out and not representative of actual expectations based on past trends for the next 20 years as the linear regression models do. Linear regression models The linear regression models used actual data were depicted using the following calculations:
Sales (Y) = 14.285X – 36.236 and Building Permits (Y) = 4.4768X – 4.6039
The chart below shows the actual data and the linear regression trend lines developed from that data.
Appendix C 4 ATTACHMENT D
Shoreline Parcel Information
200
150
y = 14.285x - 36.236
100 Number
50 y = 4.4768x - 4.6039
0 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006
-50 Sale of Parcels Bldg Pmt GIS and BP dbase Year Built Date Bldg Pmt Barb Linear (Sale of Parcels) Linear (Bldg Pmt GIS and BP dbase)
Because records were difficult to match parcel numbers in the geographic information system (GIS) data, several sources were examined; Excel tables prior to initial use of tracking software, changes in the land use inventory (GIS parcel layer changes), and the newer permit tracking software. Building date data from the Douglas County Assessor’s Office was also analyzed, but based on permit and sales data, was deemed to be too inaccurate (permits for things other than initial structure construction could not be easily separated/ascertained). Table 1 below depicts the final linear regression analysis and corresponding numbers in sales and building permits.
Table 1. Regression analysis of expected homes and lots.
Year Sales Building Permits 2004 103 41 2005 120 45 2006 134 50 2007 149 54 2008 163 59 2009 177 63 2010 191 68 2011 206 72 2012 220 77
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2013 234 81 2014 249 86 2015 263 90 2016 277 95 2017 291 99 2018 306 104 2019 320 108 2020 334 113 2021 349 117 2022 363 122 2023 377 126 2024 391 131 2025 406 135 2026 420 139 2027 434 144 2028 449 148
This analysis does not necessarily indicate two things regarding sales: resales of property, and whether they are vacant or not at the date of sale. For the both analyses, it reflects only a linear affect; i.e. as property is divided, it is unclear if the overall development is linear or curvilinear (increasing at a rate that depicts something closer to an exponential type curve. Either way, building can be expected to be somewhere between the two datasets over the next twenty years, given the prior year’s trend.
Parcel vacancy analysis The table below reflects the cluster and development analysis at full build-out, given assumptions listed above. Deeded (Assessor’s Office) and calculated (GIS) acres were used as there are discrepancies in each from drawing, measuring, or deed errors may have occurred. Therefore it can be expected that some number in between the two is close.
Table 2. Parcel development analysis.
Parcels in the analysis only include residential over 1 acre, agriculture and vacant. No public lands are included. The category “Cluster Zones” only includes those areas where bonus Urban was calculated at 1/2 acre density can occur. divisions Does not consider critical areas limitations, or if the lot configuration is such that some of the lots could not occur in the 200' area. RR-2.5 to Urban and 20 ag DEEDED Cluster Non-cluster Zones ACRES Zones Location Existing Potential Existing Potential Total Potential Dwelling Lots Lots Lots Lots Lots* Units** Lake Entiat 7 57 - - 57 57 North
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Lake Entiat South 219 1,317 76 725 2,042 2,069 Lake Pateros 330 41 180 40 150 333 RI Lakes 413 30 150 10 263 402 Rock Island 247 36 75 11 172 232 Rufus Woods 535 48 438 15 97 535 Wanapum 3 203 14 17 189 202 TOTAL 384 2,231 169 1,596 3,827 3,830 * includes lots with an existing dwelling unit ** removed existing dwelling units to adjust total- only potentially new units included Dwelling units can be higher than potential lots. Those lots not divisible, but that are vacant or currently in agricultural use, get a value of 1
CALCULATED Cluster Non-cluster Zones ACRES Zones Location Existing Potential Existing Potential Total Potential Dwelling Lots Lots Lots Lots Lots* Units** Lake Entiat 7 57 - - 57 57 North Lake Entiat 2 South 80 1,153 714 1,867 1,895 Lake Pateros 303 42 161 40 142 306 RI Lakes 9 402 32 150 252 390 Rock Island 245 39 79 11 166 228 Rufus Woods 553 48 454 16 99 556 Wanapum 3 208 14 17 194 207 TOTAL 251 2,068 95 1,567 3,635 3,639
Potential water structures- docks, lifts. Varying number per group of lots is given, lots not available were accounted for. i.e. Bauer's and Lake Entiat Estates excluded since they have community docks.
DEEDED ACRES Location Docks @1 1 per 2 lots 1 per 4 lots* per lot Lake Entiat 57 29 17 North Lake Entiat 2122 1231 780 South
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Lake Pateros 417 273 196 RI Lakes 436 242 144 Rock Island 260 159 102 Rufus Woods 555 308 171 Wanapum 118 72 46 TOTAL 3,965 2,314 1,456 *Individual Lots are calculated as one available per one lot- the rest are rounded up- i.e. if there are 2 lots possible, one dock. All lots within 50 feet of an inventoried dock or ramp were excluded. All public lands excluded.
CALCULATED ACRES Location Docks @1 1 per 2 lots 1 per 4 lots* per lot Lake Entiat 57 29 17 North Lake Entiat 1916 1129 727 South Lake Pateros 391 261 190 RI Lakes 423 238 139 Rock Island 254 154 101 Rufus Woods 575 312 178 Wanapum 118 70 47 TOTAL 3,734 2,193 1,399
While doing a build out analysis can help with depicting trends, many assumptions go into the analysis that would reduce the numbers considerably. Changes in clustering provisions, including not allowing clustering in the Natural Environment Designation, lot widths, requirements in new plats for joint or community use facilities, critical areas standards, bulk, dimensional and density standards, impervious surface limitations, infrastructure limitations, and underlying zoning would significantly reduce the calculations, although an exact number cannot be arrived at with great confidence. Generally what can be characterized are where most development is likely to occur and the increasing demands to uses, including recreation, within shorelines. The trend analysis supports the adoption of the plan, goals, objectives and regulations which seek to guide where and how development and shoreline activities may most appropriately be developed consistent with the intent and requirements of the Shoreline Management Act and the shoreline visioning report. The goals, objectives, policies and regulations were designed to achieve a no net loss to ecosystem values and functions, while recognizing projected demand of development expected to occur. It can also assist in long range planning of public facilities for recreation (where demand is likely to occur most) and measures to prevent conflicts with preferred uses of the shoreline in the future.
Development discussion- mitigation and avoidance of cumulative impacts While the models above give a sense of development expected to occur in the future, several policies and regulations will limit the development on the shoreline and over/in
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water. Within Douglas County and the cities the predominant development expected to occur along shorelines is residential development and associated water dependent facilities, such as docks, boat lifts and mooring buoys. Very little commercial or industrial activities are expected within the next 20 years. Within the shoreline areas. The regulations provide direction for residential or other development, docks, and other related facilities, that may occur, and provides for mitigation where impacts may occur to acheiveachieve a no net loss of ecosystem functions and values balanced with protection of private property rights. Below is a discussion on Chapter 3 and the specific policies and regulations that apply to docks from Sections 4 and 5 as an example of the framework for that particular shoreline use. This example is given based on the analysis on docks provided previously in this Appendix. Following the dock discussion is a brief discussion on residential development and the regulatory framework in Chapters 3, 4 and 5.
Chapter 3 discusses all of the Environment Designations and specifically the table in Section 3.10 Use Matrix lists most activities that may be permitted in each of the designations. The Table specifically allows or restricts certain types of development that may be analyzed generally by allowed or permitted uses by Environment Designation. Development is generally more intense to less intense in the following order: High Intensity, Mixed Use, Shoreline Residential, Urban Conservancy, Rural Conservancy and Natural. This general scheme translates into the regulations in Chapters 4, 5, particularly in Section 5.13 Shoreline Bulk and Dimensional Standards, and Appendix H.
Dock facilities Policy from Section 4.1- General 1. Shoreline use and development should occur in a manner that assures no net loss of existing ecological functions and processes and protects critical areas. Uses should be designed and conducted to avoid, minimize, or to fully mitigate in so far as practical, any damage to the ecology and environment.
Regulations from 4.1 1. Mitigation Sequencing – applicants shall demonstrate all reasonable efforts have been taken to mitigate potential adverse impacts in the following prioritized order:
a. Avoiding the impact altogether by not taking a certain action or parts of an action; b. Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps, such as project redesign, relocation, or timing, to avoid or reduce impacts; c. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment to the conditions existing at the time of the initiation of the project; d. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action; e. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and
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f. Monitoring the impact and the compensation projects and taking appropriate corrective measures.
Policies from Section 4.2 1. The location, construction, operation, and maintenance of all shoreline uses and developments should maintain or enhance the quantity and quality of surface and ground water over the long-term.
Regulations from Section 4.2 3. Best management practices (BMP's) for control of erosion and sedimentation shall be implemented for all development in shorelines through an approved temporary erosion and sediment control plan, identified in the Stormwater Management Manual for Eastern Washington, as amended.
5. All building materials that may come in contact with water shall be constructed of untreated wood, cured concrete or steel. Materials used for decking or other structural components shall be approved by applicable state agencies for contact with water to avoid discharge of pollutants. Wood treated with creosote, arsenate compounds, copper chromium arsenic or pentachlorophenol is prohibited in shoreline water bodies.
Policies from Section 4.3 1. Native shoreline vegetation should be conserved to maintain shoreline ecological functions and/or processes and mitigate the direct, indirect and/or cumulative impacts of shoreline development, wherever feasible. Disturbance of native plant communities should be avoided. Disturbed areas should be revegetated with native plant species appropriate to the soil and hydrologic conditions.
2. Encourage noxious and invasive weed management and control. Control of such species should be done in a manner that retains onsite native vegetation, provides for erosion control, and protects water quality.
Regulations from Section 4.3 2. Where impacts to buffers are permitted under Section 4.1, Environmental Protection and Critical Areas, new developments shall be required to develop and implement a management and mitigation plan. When required, management and mitigation plans shall be prepared by a qualified biologist and shall be consistent with the requirements in Appendix H. Management and mitigation plans shall describe actions that will ensure no net loss of ecological functions. Vegetation shall be maintained over the life of the use and/or development by means of a conservation easement or similar legal instrument recorded with the County Auditor.
4. Native vegetation clearing shall be limited to the minimum necessary to accommodate approved shoreline development.
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5. Removal of noxious weeds and/or invasive species shall be incorporated in management and mitigation plans, as necessary, to facilitate establishment of a stable community of native plants.
Policy from Section 4.6- Public Access 1. Access to shorelines should be incorporated in new development and may be physical and/or visual to provide the public with the opportunity to enjoy the water’s edge, and view the water and shoreline.
3. Community access should be required for residential development.
Regulations from 4.6 1. Where required, provisions for adequate public or community access to the shoreline shall be incorporated into a shoreline development proposal, including land division, unless the applicant demonstrates that one or more of the following provisions apply: a. Unavoidable health or safety hazards to the public exist which cannot be prevented by any practicable means; b. Inherent security requirements of the use cannot be satisfied through the application of alternative design features or other solutions; c. Unacceptable environmental harm will result from the public access which cannot be mitigated; d. Significant undue and unavoidable conflict between the proposed access and adjacent uses would occur and cannot be mitigated; e. The cost of providing the access or alternative amenity is unreasonably disproportionate to the long-term cost of the proposed development. f. Provided further, that the applicant has first demonstrated and the county or city has determined in its findings that all reasonable alternatives have been exhausted, including but not limited to: (1) Regulating access by such means as limiting hours of use to daylight hours; (2) Designing separation of uses and activities, i.e., fences, terracing, hedges, landscaping, signage, etc.; (3) Provision of an access at a site physically separated from the proposal such as a nearby street end, an off-site view point or trail system.
5. All residential development shall have access to the shoreline. Multi-unit residential development and land divisions shall provide community access to the shoreline.
8. Development uses and activities shall be designed and operated to avoid blocking, reducing, or adversely interfering with the public’s physical access to the water and shorelines.
Policies from Section 5.10 1. Where other community or public moorage facilities are available, individual moorage associated with a single family residence will be discouraged.
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2. New moorage, excluding docks (private, joint-use, and community) accessory to single family residences, should be permitted only when the applicant/proponent has demonstrated that a specific need exists to support intended water-dependent or public access use.
3. As an alternative to continued proliferation of individual private moorage, mooring buoys are preferred over docks or floats. Moorage facilities for new residential development of two or more lots or two or more dwelling units should provide shared moorage facilities.
5. Moorage should be restricted to the minimum size necessary to meet the needs of the proposed water-dependent use. The length, width and height of piers and docks should be no greater than necessary for safety and functional use.
7. Moorage facilities should not be constructed of materials that will adversely affect water quality or aquatic plants and animals.
8. New moorage facilities should be designed so as not to interfere with lawful public access to or use of shorelines.
9. Multiple agencies have permitting standards, requirements or limitations for the use and development of moorage facilities. Many of these agencies have specific ownership or easement rights. The county and cities should coordinate with federal, tribal, state and local agencies during the review of shoreline permits. The granting of a shoreline permit does not relieve a project from compliance with the standards of other agencies.
Regulations from 5.10 1. Shared moorage to serve new residential development shall be limited to the amount of moorage needed to serve lots within the development.
2. Residential moorage for individual lots is permitted in subdivisions legally established prior to February 20, 1975, where shared moorage has not already been developed or required; private moorage is also permitted for individual legal lots of record, not part of an approved subdivision. In these circumstances, moorage shall be limited to one private dock per shoreline residential lot. Lot owners shall be encouraged to utilize mooring buoys or to coordinate with adjoining property owners for shared moorage.
3. If moorage is to be provided as part of a new residential development of two or more dwelling units, moorage facilities shall be joint use or community docks. New residential developments shall contain a restriction on the face of the plat and restrictive covenants prohibiting individual docks and requiring joint use or community dock facilities. Community dock facilities should be encouraged. A site for shared moorage should be owned in undivided interest by property owners or managed by the homeowner’s association as a common easement within the residential development. Community dock facilities should be available to property owners in the residential development for
Appendix C 12 ATTACHMENT D
community access. If shared moorage is provided, the applicant/proponent shall file at the time of building permit submittal for the dock a legally enforceable joint use agreement or other legal instrument that, at minimum, addresses the following: a. Provisions for maintenance and operation; b. Easements or tracts for community access; and c. Provisions for joint or community use for all benefiting parties.
4. Commercial docks shall be permitted only for water-dependent uses, and if the applicant/proponent demonstrates that existing facilities in the vicinity, including marinas and shared moorage, are not adequate or feasible for the proposed water-dependent use.
5. Private moorage for float planes may be permitted accessory to existing or concurrently proposed moorage where construction would not adversely affect shoreline functions or processes, including wildlife use. Ecological restoration may be required to compensate for the greater intensity of activity associated with the use. An analysis of potential life and navigation safety impacts shall be required in addition to the inclusion of necessary avoidance or mitigation measures by a qualified professional.
6. New and substantially expanded piers and docks shall be constructed of materials that are approved by applicable federal and state agencies for use in water to avoid adverse effects on water quality or aquatic plants and animals in the long-term for both submerged portions of the dock and decking and other components. Wood treated with creosote, pentachlorophenol or other similarly toxic materials is prohibited.
7. Moorage facilities shall be the minimum size necessary to meet the needs of the proposed water-dependent use and shall observe the following criteria: a. If allowed, only one private dock with one accessory float, and two watercraft lifts (the combination of one boat and one jet ski or other watercraft together) shall be permitted on a shoreline lot owned for residential or private recreational use. b. Docks with or without a float shall be the minimum required to provide for moorage. Commercial docks shall be the minimum length necessary to serve the type of vessel served. Exceptions to these length standards are addressed below. c. Docks on the Columbia River that exceed 100 feet in length or docks which exceed 50 feet in length on a lake or sites with unique site characteristics that may create navigational safety hazards shall prepare a navigational safety study. d. Moorage shall be designed to avoid the need for maintenance dredging. The moorage of a boat larger than provided for in the original moorage design shall not be grounds for approval of dredging.
9. In order to minimize impacts on near shore areas and avoid reduction in ambient light level: a. The width of piers, ramps, and floats shall be the minimum necessary and shall not exceed 4 feet in width, except where specific information on use patterns
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such as community docks may justify a greater width. Materials that will allow light to pass through the deck may be required where width exceeds 4 feet. b. Dock surfaces designed to allow light penetration shall be used on walkways or gangplanks in nearshore areas.
11. Piers and docks shall use pile supports unless engineering studies demonstrate that pile supports are insufficient to ensure public safety. Rip-rapped or bulkheaded fills may be approved only as a conditional use and only when demonstrated that no feasible alternative is available. Mitigation shall be provided to ensure no net loss of shoreline ecological functions and processes.
12. Mooring buoys shall be placed at a distance specified by state and federal agencies to avoid near shore habitat and to minimize obstruction to navigation. Anchors and other design features shall meet Washington Department of Fish and Wildlife and/or Department of Natural Resources standards.
13. Commercial covered moorage may be permitted only where vessel construction or repair work is to be the primary activity and covered work areas are demonstrated to be necessary over water, including demonstration that adequate upland sites are not feasible. All other covered moorage is prohibited.
16. Moorage facilities shall be constructed and maintained so that no part of a facility creates hazardous conditions nor damages other shore property or natural features during predictable flood conditions. Floats shall be securely anchored.
18. Storage of fuel, oils, and other toxic materials is prohibited on docks and piers except portable containers when provided with secondary containment.
22. In the Natural Environment Designation moorage facilities must be compatible with the area's physical and visual character may be conditionally permitted subject to policies and regulations of this Program.
23. Moorage facilities shall avoid locations that will adversely impact shoreline ecological functions or processes.
24. Applicants for moorage facilities shall provide habitat surveys, critical area studies, and mitigation plans as required by Section 4.1, Ecological Protection and Critical Areas. A slope bathymetry map may be required when deemed beneficial by the Administrator for the review of the project proposal.
Given these constraints, Table 2 above demonstrates the differences in the number of facilities that may occur in the future at 2 to 4 lots per facility. Most of this activity is likely to occur on lands with agricultural uses that are converted to residential uses. Restoration and mitigation during the permitting or land division processes will provide a net benefit (increase) in ecological function as agricultural uses currently on-going typically control the width and size of the vegetation along the shorelines. Only a narrow
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band of riparian or wetland vegetation exists in these areas and area upland of there typically has a species composition of non-native and/or agricultural vegetation.. These areas are typically designated as Rural Conservancy in the County. Because of the current conditions and requirements for restoration and mitigation for development within the shoreline jurisdicionaljurisdictional area, a no net loss, and in many cases an improvement, of ecological functions will be acheivedachieved. In areas designated Natural, increased review will occur through a conditional use permit to ensure a no net loss of ecological function; commercial types of activities are not allowed within the Natural designation. In addition, clustering of lots is not allowed in the Natural designation, which would also further limit the number of docks and residential development, and devlopmentdevelopment density limited in Section 5.13 and by use of buffers and setbacks. Within the cities, most of the shoreline is publicly owned and not likely to develop in the same manner as the County. While this is not typical across the state, within Douglas County the urban shorelines are overall less developed than the Rural Conservancy designated areas due to the ownership pattern. Even so, the same policies and regulations apply with the exception of shoreline critical area standards in Appendix H.
Development Policies and Regulatory Framework (Residential, Commercial and Industrial) In Chapter 3 the Environment Designation criteria is developed, and with the exception of the Mixed Use designation follows the state Shoreline Management Act guidelines. In the mapping of these designations the Inventory and Characterization was relied upon heavily, along with three guidelines: existing conditions, biological and physical chracteristicscharacteristics and local comprehensive plan and zoning designations and regulations. Using all the information and criteria, maps were developed. The following table lists the acres and percent of area designated within Douglas County and the cities.
Designation Acres Percent Historic Acres Percent Natural 3398.7 54.6 0 0 Rural Conservancy 2043.7 32.8 5495.0*** 93.5 Urban Conservancy 200.8 3.2 0 0 Shoreline 221.2 3.6 0 0 Residential Mixed Use** 38.6 0.6 0 0 High Intensity 134.89 2.2 382.8 6.5 Aquatic** 176.8 2.8 0 0 Total 6228.3 *the area within the Coulee Dam city limits is not included **not in use in 1975, the remaining match relatively close to the 1975 designations. ***includes a conservancy and a rural designation. ****equates to the existing urban designation.
Even though there are some changes in the areas covered and the types of designations and criteria, it is clear that the current proposed RSMP will reduce the
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potential impacts from the current program that was adopted in 1975. The current residential buffer in the SMP is 25 feet, whereas the proposed buffers range from 50 to 150 feet for allowed and permitted activities and an additional setback for structures that ranges from 10-15 feet. The current proposal also addresses and has more restrictions on some types of activities that the 1975 document did not address, such as boat lifts.
In the policy and regulatory sections, any activity that has the potential for impacts is addressed in section 4, 4 and Appendix H. Some of the most relevant policies and regulations include:
Policy from Section 4.1 1. Shoreline use and development should occur in a manner that assures no net loss of existing ecological functions and processes and protects critical areas. Uses should be designed and conducted to avoid, minimize, or to fully mitigate in so far as practical, any damage to the ecology and environment.
3. Development standards for density, lot frontage, setbacks, lot coverage, shoreline stabilization, vegetation conservation, buffers, critical areas, and water quality should protect existing shoreline ecological functions and processes. Review of shoreline development should consider potential impacts associated with proposed shoreline development when assessing compliance with this policy.
Regulations- Section 4.1 1. Mitigation Sequencing – applicants shall demonstrate all reasonable efforts have been taken to mitigate potential adverse impacts in the following prioritized order:
a. Avoiding the impact altogether by not taking a certain action or parts of an action; b. Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps, such as project redesign, relocation, or timing, to avoid or reduce impacts; c. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment to the conditions existing at the time of the initiation of the project; d. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action; e. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and f. Monitoring the impact and the compensation projects and taking appropriate corrective measures.
2. The provisions of this section and appendix H shall apply to any use, alteration or development within shoreline jurisdiction, whether or not a shoreline permit or written statement of exemption is required.
3. Unless otherwise stated, critical area buffers shall be protected and/or enhanced pursuant to appendix H and all other applicable provisions of this Program.
Appendix C 16 ATTACHMENT D
5. The cumulative effects of individual development proposals shall be identified and evaluated to assure that no net loss standards are achieved.
With respect to shoreline alteration related to bank hardening, bulkheads and similar structures, there are strong policies and regulations to prevent development of such structures unless absolutely necessary. These have been added below from Section 5.14 Shoreline Stabilization. Because of the local conditions identified in the inventory and characterization and these policies and regulations, there is little expectation of permitting stabilization structures related to a development proposal. It is expected that there may be some very limited areas where public health, welfare and safety may be a concern and will be addressed in the permitting process to minimize the need for such structures.
Policies- Section 5.14 1. Alternatives to structures for shoreline protection should be used whenever possible. Such alternatives may include no action, increased building setbacks, building relocation, drainage controls, and bioengineering, including vegetative stabilization, and beach nourishment.
2. New or expanded structural shoreline stabilization for new primary structures should be avoided. Instead, structures should be located and designed to avoid the need for future shoreline stabilization where feasible. Land divisions should be designed to assure that future development of the created lots will not require structural shoreline stabilization for reasonable development to occur.
3. New or expanded structural shoreline stabilization should only be permitted where demonstrated to be necessary to protect an existing primary structure that is in imminent danger of loss or substantial damage, and where mitigation of impacts would not cause a net loss of shoreline ecological functions and processes.
Regulations- Section 5.14 1. New development or land divisions with a known or suspected geological hazard shall be set back from the geologic hazard or designed sufficiently to ensure that shoreline stabilization is not required during the life of the project, as demonstrated by a geotechnical analysis prepared in conformance with Section 4.1 Ecological Protection and Critical Areas.
2. New, expanded or replacement shoreline stabilization shall not be permitted unless it can be demonstrated that the proposed measures will not result in a net loss of shoreline ecological functions.
3. New or enlarged structural shoreline stabilization measures for an existing primary structure, including residences, is prohibited unless there is conclusive evidence, documented by a geotechnical analysis, that the structure is in danger from shoreline erosion caused by stream processes or waves. Normal sloughing, erosion of steep
Appendix C 17 ATTACHMENT D
bluffs, or shoreline erosion itself, without a scientific or geotechnical analysis, is not demonstration of need. The geotechnical analysis shall evaluate on-site drainage issues and address drainage problems away from the shoreline edge before considering structural shoreline stabilization.
4. New shoreline stabilization for new water-dependent development is prohibited unless it can be demonstrated that: a. The erosion is not being caused by upland conditions, such as the loss of vegetation and drainage; and b. Nonstructural measures, planting vegetation, or installing on-site drainage improvements, are not feasible or not sufficient; and c. The need to protect primary structures from damage due to erosion is demonstrated through a geotechnical report.
5. New shoreline stabilization for new non-water-dependent development, including single family residences, is prohibited unless it can be demonstrated that: a. The erosion is not being caused by upland conditions, such as the loss of vegetation and drainage; and b. Nonstructural measures, such as placing the development further from the shoreline, planting vegetation, or installing on-site drainage improvements, are not feasible or not sufficient; and c. The need to protect primary structures from damage due to erosion is demonstrated through a geotechnical report. The damage must be caused by natural processes, such as stream processes or waves.
6. Where shoreline stabilization is allowed, it shall consist of “soft”, flexible, and/or natural materials or other bioengineered approaches unless a geotechnical analysis demonstrates that such measures are infeasible.
7. Replacement of an existing shoreline stabilization structure with a similar structure is permitted if there is a demonstrated need to protect primary uses or structures or public facilities including roads and bridges, railways, and utility systems, from erosion caused by stream undercutting or wave action. A geotechnical analysis shall be required to document that alternative solutions are not feasible or do not provide sufficient protection. Existing shoreline stabilization structures that are being replaced shall be removed from the shoreline unless removal of such structures will cause significant damage to shoreline ecological functions or processes. Replacement walls, bulkheads or revetments shall not encroach waterward of the ordinary high water mark or the existing shore defense structure unless the primary use being protected is a residence that was occupied prior to January 1, 1992, and there is overriding safety or environmental concerns. In such cases, the replacement structure shall abut the existing shoreline stabilization structure.
CommecialCommercial and industrial development that may be permitted, but are generalygenerally restricted more than residential development. The commercial development is restricted to High IntensicyIntensity and Mixed Use environment
Appendix C 18 ATTACHMENT D
designations. Very lmitedlimited areas of commercial actvityactivity currently exists within the jurisdiction of the Shoreline Master Program. Most is in the form of a golf course in Rock Island, on lakes previously not included in the RSMP. These lakes were created in the mid 1970s after the last pool raise behind Rock Island Dam, but prior to the current SMP. Other areas have commercial development, but are located 200 or more feet from the OHWM. There is some limited interest in the City of Bridgeport, but no proposals have been prosessedprocessed to date.
While the industrial uses are restricted to those areas designated High Intensity, and then only if htethe underlying zoning includes industrial uses. At the date of the proposal, 2008, there is only one area that fits this description,whichdescription, which is in Rock Island along the Columbia River. The main reasons for this area being designated industrial is existing industrial uses and this area is the only place served by rail service. While neither the county or city has received any proposals within the jurisdictional area in the last 20-30 years, outside of public utility facilities, there may be a desire in the future. Some recent comprehensive reviews in the city indicates that there may be some changes in some of the currently designated industrial area to commercial or mixed use development in the future.
Because of the policies and regulatory framework in the RSMP, particularly as it relates to restoration and mitigation measures, it is anticpatedanticipated that any impacts from development to the shorelines will not cumulatively impact the shoreline itself due to development, although changes in use are expected, such as changes from agricultural uses to dispersed residential. While this is a change in the overall characteristic of the shorelines or neabynearby uplands, the changes are not seen as negatively impacting the shorelines themselves, by avoiding or mitigating cumulative impacts from permitted uses with adequate buffers, setbacks and mitigation measures, environment designations, and finally the following regulation in Section 4.1:
2. The provisions of this section and appendix H shall apply to any use, alteration or development within shoreline jurisdiction, whether or not a shoreline permit or written statement of exemption is required.
Appendix C 19 ATTACHMENT D STAFF REPORT
TO: Douglas County Planning Commission FROM: Douglas County Land Services Staff
DATE:6B April 30, 2021
I. REQUESTED0B ACTIONS
Adoption of City of East Wenatchee Ordinances 2021-05, 2020-06 and 2020-08 which include amendments to the Greater East Wenatchee Area Comprehensive Plan; Chapter 3 Land Use, Chapter 4 Housing, Chapter 8 Transportation: and, East Wenatchee Title 17 Zoning; 17.08 Definitions, 17.24 Residential Low Density District, 17.28 Residential Medium Density District, 17.32 Residential High Density/Office district, 17.34 Commercial Zoning District Land Use Matrix, 17.72 General Regulations, Title 12.53 Driveways, Access Easement, Pedestrian Facilities, Walks and Trails; and Greater East Wenatchee Urban Growth Area Design Standards and Guidelines.
The ordinances are included as Attachments A, B and C.
II. ENVIRONMENTAL1B REVIEW
The City of East Wenatchee issued a Determination of Non-significance in accordance with WAC 197-11 on March 4, 2021 for the Greater East Wenatchee Area Comprehensive Plan amendments.
The City of East Wenatchee issued a Determination of Non-significance in accordance with WAC 197-11 on December 4, 2020 for the East Wenatchee Municipal Code amendments.
III. AGENCY3B AND PUBLIC COMMENTS: RCW 36.70A.106 requires submittal of amendments to comprehensive plans to the Washington State Department of Commerce and other state agencies for review of the proposal. The City of East Wenatchee initiated a joint city/county agency review period on December 4, 2020 for the code amendment and on February 8, 2021 for the Greater East Wenatchee Area Comprehensive Plan amendments.
IV. PROJECT4B ANALYSIS
The City of East Wenatchee has adopted amendments to the Greater East Wenatchee Area Comprehensive Plan and East Wenatchee Municipal Code (Zoning) as follows:
Comprehensive Plan - Chapter 3 Land Use – Minor clarifications and correction of typographical errors, increasing the residential densities for R-L from 8 dwelling units per acre to 8-10 dwelling units per acre (DU/AC); R-M from 15 to 20 DU/AC and R-H from 26 to 30 DU/AC.
CEW GEWA/Zoning Amendments Staff Report Page 1 - Chapter 4 Housing – Updates to tables, increasing residential densities for single-family from up to 8 DU/AC to 8-10 DU/AC; increasing residential densities for multifamily from 15 to 30 DU/AC, correcting typographical errors and updating text. - Chapter 8 Transportation – Correcting typographical errors and amending policy T-30, including map Figure 8.2, to allow more access options to connect to a portion of Eastmont Avenue between Badger Mountain Road and the US 2/97 and SR 28. Zoning Code - East Wenatchee Title 17 Zoning; 17.08 Definitions, 17.24 Residential Low Density District, 17.28 Residential Medium Density District, 17.32 Residential High Density/Office district, 17.34 Commercial Zoning District Land Use Matrix, 17.72 General Regulations, Title 12.53 Driveways, Access Easement, Pedestrian Facilities, Walks and Trails. - Greater East Wenatchee Urban Growth Area Design Standards and Guidelines
The bulk of the amendments were initiated in response to Engrossed Second Substitute House Bill (E2SHB) 1923 passed by the state Legislature in 2019 which encourages cities planning under the Growth Management Act to adopt code changes to increase residential building capacity. The proposed comprehensive plan amendment for Chapter 8 Transportation to allow more access options to Eastmont Avenue was a result of a citizen request.
The planning commission held workshops to review these amendments on September 9, 2020 for the code amendments and on March 10, 2021 for the comprehensive plan amendments.
The staff reports from the City of East Wenatchee have been included with the PC packet.
The Douglas County Regional Policy Plan requires that the County and Cities/Towns adopt consistent regulations and development standards within urban growth areas. The amendments adopted by the City of East Wenatchee are consistent with the City’s comprehensive plan and RCW 36.70A Growth Management Act.
CEW GEWA/Zoning Amendments Staff Report Page 2 V. FINDINGS AND CONCLUSIONS: Staff offers suggested findings of fact and conclusions for consideration by the planning commission:
Suggested motion to the Douglas County Planning Commission: I make a motion that the Planning Commission recommend adoption of City of East Wenatchee Ordinances 2021- 05, 2021-06 and 2021-08 as they apply to the unincorporated portions of the East Wenatchee Urban Growth Boundary.
This motion is made based on the findings and conclusions contained in the April 30, 2021 staff report.
Suggested Findings of Fact
1. RCW Chapters 36.70 and 36.70A authorize the adoption of amendments the comprehensive plan and development regulations. 2. Policy C-3 of the Douglas County Regional Policy Plan requires that the county and cities/towns will collaborate on and adopt consistent regulations and development standards for areas located within the urban growth areas. 3. DCC 14.32.070(C)(3)(f) states that unless inconsistent with the jurisdiction’s comprehensive plan or Chapter 36.70A RCW, Douglas County agrees to ratify the amendments by the city/town. 4. Douglas County has adopted the comprehensive plans and implementing development regulations for the City of East Wenatchee for use within the unincorporated areas of the East Wenatchee Urban Growth Area. 5. The Planning Commission is responsible for long range planning matters and providing implementation recommendations to assure compliance with the Growth Management Act. 6. The City of East Wenatchee issued a Determination of Non-significance in accordance with WAC 197-11 on March 4, 2021 for the comprehensive plan amendments. 7. The City of East Wenatchee issued a Determination of Non-significance in accordance with WAC 197-11 on December 4, 2020 for the code amendments. 8. The City of East Wenatchee initiated a joint City/County agency review period as required by RCW 36.70A.106 on February 8, 2021 for the comprehensive plan amendments. 9. The City of East Wenatchee initiated a joint City/County agency review period as required by RCW 36.70A.106 on December 5, 2020 for the code amendments. 10. The City of East Wenatchee adopted the comprehensive plan amendments on April 20, 2021 via Ordinance No. 2021-08. 11. The City of East Wenatchee adopted the East Wenatchee Municipal Code amendments on March 16, 2021 via Ordinance No. 2021-05 and 2021-06.
CEW GEWA/Zoning Amendments Staff Report Page 3 12. The planning commission reviewed the proposed code amendments at a public workshop on September 9, 2020. 13. The planning commission reviewed the proposed comprehensive plan amendments at a public workshop on March 10, 2021. 14. The Notice of Public hearing before the Planning Commission was published on April 29, 2021. 15. Notice of Public Hearing before the Planning Commission was emailed to the county’s interested parties list and posted on the County’s website. 16. The Planning Commission conducted an advertised public hearing on May 12, 2021. The Planning Commission entered into the record the files on this amendment, accepted public testimony, and deliberated the merits of the proposal. 17. The Planning Commission has reviewed the entire record including the goals and policies of the comprehensive plan and public testimony as it relates to the proposed comprehensive plan and development regulation amendments.
SuggestedU Conclusions:
1. The procedural and substantive requirements of the State Environmental Policy Act have been complied with. 2. The procedural requirements of RCW 36.70A have been complied with. 3. The proposed amendments are consistent with the City’s comprehensive plan and the Growth Management Act, RCW 36.70A
CEW GEWA/Zoning Amendments Staff Report Page 4 ATTACHMENT A
City of East Wenatchee, Washington Ordinance No. 2021-05 An Ordinance of the City of East Wenatchee amending the following East Wenatchee Municipal Code chapters: 17.08 Definitions, 17.24 Residential Low Density District, 17.28 Residential Medium Density District, 17.32 Residential High Density/Office District, 17.34 Commercial Zoning District Land Use Matrix, 17.72 General Regulations, containing a severability clause, and establishing an effective date. Una Ordenanza de la Ciudad de East Wenatchee que modifica los siguientes capítulos del Código Municipal de East Wenatchee: 17.08 Definiciones, 17.24 Distrito residencial de baja densidad, 17.28 Distrito residencial de densidad media, 17.32 Distrito residencial de alta densidad / oficinas, 17.34 Matriz de uso de suelo del distrito de zonificación comercial, 17.72 General Regulaciones, que contienen una cláusula de divisibilidad y que establecen una fecha de vigencia. 1. Alternate format. 1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta, etc.), póngase en contacto con el vendedor de la ciudad al [email protected], 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@east- wenatchee.com, 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 7, 2020 the proposed amendments were transmitted to the Washington State Department of Commerce (Commerce) for the required 60-day review required by RCW 36.70A.106. The comment period ended on February 5, 2021. No comments from state agencies were received. 2.3. On February 23, 2021, the East Wenatchee Planning Commission held an open-record public hearing and voted
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unanimously (6-0) to recommend that the City Council adopt the proposed amendments to the East Wenatchee Municipal Code (EWMC). The Planning Commission remanded the proposed Greater East Wenatchee Urban Growth Area Design Standards & Guidelines amendments back to staff for additional work. 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 intent of the proposed amendments to the East Wenatchee Municipal Code is to increase residential building capacity to address the provisions and recommendations in Engrossed Second Substitute House Bill (E2SHB) 1923 passed by the state legislature with an effective date of July 28, 2019. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS: 5. Amendments 1-6. The City Council amends the East Wenatchee Municipal Code as set forth in Exhibit A to this Ordinance. 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 for the following EWMC chapters: 17.08 Definitions, 17.24 Residential Low Density District, 17.28 Residential Medium Density District, 17.32 Residential High Density/Office District, 17.34 Commercial Zoning District Land Use Matrix, 17.72 General Regulations, and 12.53 Driveways, Access Easement, Pedestrian Facilities, Walks and Trails. 6.1.2. The Greater East Wenatchee Area Comprehensive Plan (2019) reflects the community’s preferred future and contains goals and policies pertaining to the proposed amendments. 6.1.3. The Planning Commission held workshops on August 25, 2020 and October 27, 2020. 6.1.4. The proposed amendments have been posted on the City’s website since December 2020. 6.1.5. A threshold determination and environmental review pursuant to RCW 43.21C the State Environmental Policy Act was
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completed, and a Determination of Non-significance (DNS) was issued on December 4, 2020. The comment period ended on December 29, 2020. 6.1.6. The DNS was published in the Wenatchee World on December 10, 2020. 6.1.7. The proposed amendments were transmitted to Douglas County Land Services, Douglas County PUD, Douglas County Sewer District, East Wenatchee Water District, Washington State Department of Transportation, and the City of Wenatchee. Comments submitted were considered in the final draft of the proposed amendments. 6.1.8. Advertisement of the Planning Commission’s public hearing was published in The Wenatchee World on February 11, 2021. 6.1.9. The East Wenatchee Planning Commission held a duly advertised open-record public hearing on February 23, 2021. 6.1.10. 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 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 at duly noticed public workshops and 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.
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Exhibit A Amendment 1. The City Council amends chapter 17.08 EWMC to read as follows:
Chapter 17.08 DEFINITIONS Sections: 17.08.010 General definitions. 17.08.015 Abutting. 17.08.018 Access point. 17.08.020 Accessory building. 17.08.024 Accessory dwelling. 17.08.030 Accessory use. 17.08.040 Adjacent. 17.08.050 Adjoining. 17.08.051 Adult arcade. 17.08.052 Adult cabaret. 17.08.053 Adult entertainment. 17.08.054 Adult entertainment facility. 17.08.055 Adult family home. 17.08.056 Adult motel. 17.08.057 Adult motion picture theater. 17.08.058 Adult retail store. 17.08.060 Advertising sign. 17.08.061 Affordable Housing. 17.08.063 Agriculture. 17.08.070 Alter, alteration. 17.08.073 Animal. 17.08.075 Assisted living facility. 17.08.080 Automobile wrecking yard. 17.08.090 Basement. 17.08.093 Battery charging station. 17.08.094 Battery exchange station. 17.08.100 Boardinghouse or bed and breakfast facility. 17.08.110 Building. 17.08.120 Building height. 17.08.130 Building line. 17.08.132 Bus passenger amenities. 17.08.142 Cargo container. 17.08.150 Carport. 17.08.152 Charging levels. 17.08.155 Child day care facility. 17.08.160 Clinic. 17.08.162 Combined parking. 17.08.164 Community youth center. City of East Wenatchee Ordinance 2021-05 Page 6 of 54 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) ATTACHMENT A
17.08.170 Conditional use. 17.08.180 Construction material, basic. 17.08.190 Coverage. 17.08.192 Cryptocurrency. 17.08.193 Cryptocurrency mining. 17.08.194 Data center. 17.08.197 Deck. 17.08.198 Density. 17.08.199 Driveway. 17.08.199A Driveway, joint usage. 17.08.200 Dwelling. 17.08.210 Dwelling, detached. 17.08.220 Dwelling, multifamily. 17.08.230 Dwelling, single-family. 17.08.231 Dwelling, single-family small lot. 17.08.232 Dwelling, townhome. 17.08.233 Dwelling, triplex. 17.08.240 Dwelling, two-family or duplex. 17.08.250 Dwelling unit. 17.08.252 Electric vehicle. 17.08.253 Electric vehicle charging station. 17.08.254 Electric vehicle infrastructure. 17.08.256 Emergency vehicle access. 17.08.258 Extremely low-income household. 17.08.260 Family. 17.08.263 Farm animal, large. 17.08.264 Farm animal, small. 17.08.270 Fences. 17.08.280 Garage, commercial. 17.08.290 Garage, private. 17.08.300 Gross floor area. 17.08.310 Group housing. 17.08.315 Handling or processing of hazardous substances. 17.08.316 Hazardous waste. 17.08.320 Home occupation. 17.08.330 Hospital. 17.08.340 Hotel. 17.08.342 Household. 17.08.350 Humanistic services facility. 17.08.360 Repealed. 17.08.370 Junkyard. 17.08.373 Kennel. 17.08.375 Livestock. 17.08.380 Lodging house. 17.08.382 Lot, corner. 17.08.384 Lot line, front.
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17.08.385 Lot line, rear. 17.08.386 Lot line, side. 17.08.390 Lot of record. 17.08.393 Lot, substandard. 17.08.395 Lot, through. 17.08.400 Lot width. 17.08.410 Lot, zoned. 17.08.412 Low-income household. 17.08.420 Manufactured home. 17.08.425 Miniature goat. 17.08.430 Mobile home. 17.08.440 Mobile/manufactured home park. 17.08.450 Modular home. 17.08.460 Motel. 17.08.470 Municipal buildings. 17.08.480 Off-site hazardous waste facilities. 17.08.490 On-site hazardous waste facilities. 17.08.500 Parking space, parking stall. 17.08.503 Pasture area. 17.08.505 Patio. 17.08.510 Permissive use. 17.08.512 Personal service. 17.08.513 Pet boarding. 17.08.516 Pet or companion animal. 17.08.520 Place of public or private assembly. 17.08.522 Potbelly pig, miniature. 17.08.523 Poultry. 17.08.524 Primary or principal use. 17.08.524A Professional offices. 17.08.525 Public facilities. 17.08.527 Public services. 17.08.530 Secondary use. 17.08.540 Setback distance. 17.08.550 Setback line. 17.08.552 Sexually oriented materials. 17.08.556 Shared parking. 17.08.560 Repealed. 17.08.570 Special exceptions. 17.08.572 Specified anatomical areas. 17.08.573 Specified sexual activities. 17.08.580 Story. 17.08.590 Structure. 17.08.600 Substandard street. 17.08.610 Technical review committee. 17.08.620 Terrace. 17.08.625 Utility or utility services.
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17.08.627 Very low-income household. 17.08.628 Veterinary hospital. 17.08.630 Yard, front. 17.08.640 Yard, rear. 17.08.650 Yard, side. 17.08.660 Zero lot line development.
17.08.010 General definitions. A. The words “used” or “occupied” shall be considered as though followed by the words “or intended, arranged or designed to be used or occupied.” B. “Board” means the board of adjustment of the city. C. “City” means the city of East Wenatchee, a municipal corporation. D. “Comprehensive Plan” means the current Comprehensive Plan of the city together with the Comprehensive Plan maps. E. “Council” means the city council for the city of East Wenatchee. F. “Planning commission” means the planning commission of the city of East Wenatchee. G. Whenever the term “this title” or the term “the ordinance codified in this title” is referred to, it shall include all amendments. (Ord. 91-5 § 2, 1991) H. Use and interpretation generally. Words, terms and phrases contained within this chapter, and their interpretation, are generally based upon common custom and meanings set forth in broadly recognized dictionaries. I. Interpretation in case of conflicting definitions. In addition to the words and terms defined in this chapter, several sections of this title contain definitions specifically related to those sections. In the event of conflict between definitions in this list and those shown in other sections of this title, the definition in the other section shall govern within the context of the section within which it appears. 17.08.015 Abutting. "Abutting" means having a common boundary except that parcels having no common boundary other than a common corner shall not be considered abutting. 17.08.018 Access point. “Access point” means that location on a public street where a driveway or private street connects
17.08.020 Accessory building. “Accessory building” means a subordinate structure, the use of which is incidental to the use of the main building on the same lot. (Ord. 91-5 § 2, 1991) 17.08.024 Accessory dwelling.* “Accessory dwelling” means a second dwelling unit that is subordinate to and located on the same lot as a primary residence and with provisions for independent cooking, living, sanitation, and sleeping. Accessory dwellings may be incorporated within or detached from a primary single-family residence. (Ord. 05-07 § 2, 2005)
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*Code reviser’s note: Ordinance 05-07 added this section as EWMC 17.08.034. It has been renumbered to preserve alphabetization. 17.08.030 Accessory use. “Accessory use” means a use incidental and subordinate to the principal use and located on the same lot or in the same building as the principal use. (Ord. 91-5 § 2, 1991) 17.08.040 Adjacent. “Adjacent” means lying near, close to, or contiguous. (Ord. 91-5 § 2, 1991) 17.08.050 Adjoining. “Adjoining” means lying near, close to, or contiguous. (Ord. 91-5 § 2, 1991) 17.08.051 Adult arcade. “Adult arcade” means a commercial establishment containing individual viewing areas or booths where, for any form of consideration including a membership fee, one or more still or motion picture projectors, slide projectors, cathode ray tube (CRT) projectors, liquid crystal display (LCD) projectors, television monitors, computer terminals or other similar image producing machines are used to show films, motion pictures, video cassettes, slides, laser discs, digital versatile discs (DVDs) computer discs, internet sites or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. (Ord. 2000-01 § 3, 2000. Formerly 17.08.052) 17.08.052 Adult cabaret. “Adult cabaret” means a nightclub, bar, restaurant, tavern, or other similar commercial establishment, whether or not alcoholic beverages are served, that regularly features adult entertainment. (Ord. 2000-01 § 3, 2000. Formerly 17.08.053) 17.08.053 Adult entertainment. “Adult entertainment” means: A. Any exhibition, performance, or dance conducted in an adult entertainment facility where such exhibition, performance, or dance is distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas; or B. Any exhibition, performance, or dance intended to sexually stimulate any member of the public and conducted in an adult entertainment facility where such exhibition, performance, or dance is performed for, arranged with, or engaged in with fewer than all patrons in the adult entertainment facility at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition, or dance. For purposes of example and not limitation, such exhibitions, performances, or dances are commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing, or straddle dancing. (Ord. 2000-01 § 3, 2000. Formerly 17.08.054) 17.08.054 Adult entertainment facility. “Adult entertainment facility” means a commercial establishment defined herein as an adult arcade, adult cabaret, adult motel, adult motion picture theater, or adult retail store. (Ord. 2000-01 § 3, 2000. Formerly 17.08.055) City of East Wenatchee Ordinance 2021-05 Page 10 of 54 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) ATTACHMENT A
17.08.055 Adult family home.* “Adult family home” means a regular family abode of a person or persons who are providing personal care, room, and board to more than one but not more than four adults who are not related by blood or marriage to the person or persons providing the services; except that a maximum of six adults may be permitted if the Department of Social and Health Services determines that the home is of adequate size and the home and provider(s) are capable of meeting the standards and qualifications of Chapter 70.128 RCW. Adult family homes shall be licensed by the state as an adult family home under RCW 70.128.060. (Ord. 01-03 § 1, 2001) *Code reviser’s note: Ordinance 01-03 added this section as 17.08.055. To preserve alphabetization and prevent duplication of numbering, existing §§ 17.08.052 – 17.08.055 have been editorially renumbered to §§ 17.08.051 – 17.08.054, respectively. 17.08.056 Adult motel. “Adult motel” means a hotel, motel, or similar commercial establishment which: A. Offers sleeping accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, laser discs, digital versatile discs (DVDs), computer discs, internet sites, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas and that has a sign visible from the public right-of-way that advertises the availability of this type of sexually oriented materials; or B. Offers a sleeping room for rent for a rental fee period of time that is less than 10 hours; or C. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours. (Ord. 2000-01 § 3, 2000) 17.08.057 Adult motion picture theater. “Adult motion picture theater” means an enclosed commercial establishment where, for any form of consideration, motion pictures, films, video cassettes, slides, laser discs, digital versatile discs (DVDs), computer discs, internet sites or other similar visual representations are regularly shown that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. (Ord. 2000-01 § 3, 2000) 17.08.058 Adult retail store. “Adult retail store” means a commercial establishment such as a bookstore, video store, or novelty shop which as its principal business purpose offers for sale or rent, for any form of consideration, any one or more of the following: A. Books, magazines, periodicals, or other printed materials or photographs, films, motion pictures, video cassettes, slides, laser discs, digital versatile discs (DVDs), computer discs or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas; or
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B. Instruments, devices, or paraphernalia de-signed for use in connection with any specified sexual activities; C. For the purpose of this definition, the term “principal business purpose” shall mean the business purpose that constitutes 50 percent or more of the stock-in-trade of a particular business establishment. The stock-in-trade of a particular business establishment shall be determined by examining either: (1) the retail dollar value of all sexually oriented materials compared to the retail dollar value of all nonsexually oriented materials readily available for purchase, rental, view, or use by patrons of the establishment, excluding inventory located in any portion of the premises not regularly open to patrons; or (2) the total volume of shelf space and display area reserved for sexually oriented materials compared to the total volume of shelf space and display area reserved for nonsexually oriented materials. (Ord. 2000-01 § 3, 2000) 17.08.060 Advertising sign. “Advertising sign” means a sign which directs attention to a business commodity, service or entertainment conducted, sold or offered upon and/or elsewhere than upon the same lot. (Ord. 91-5 § 2, 1991) 17.08.061 Affordable housing. "Affordable housing" means, unless the context clearly indicates otherwise, residential housing whose monthly costs, including utilities other than telephone, do not exceed 30 percent of the monthly income of a household whose income is: A. For rental housing, 60 percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development; or B. For owner-occupied housing, 80 percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development 17.08.063 Agriculture. “Agriculture” means the tilling of the soil; the raising of crops; forestry; horticulture; nonretail greenhouses, nurseries and gardening; and the keeping or raising of livestock and poultry. Agriculture does not include the growing or production of marijuana. (Ord. 15-14 § 3, 2015; Ord. 13-03 § 3, 2013) 17.08.070 Alter, alteration. “Alter” or “alteration” means any structural changes or additions and any modification made for a change in type of use. (Ord. 91-5 § 2, 1991) 17.08.073 Animal. “Animal” means any living nonhuman mammal, bird, reptile, or amphibian. (Ord. 13-03 § 3, 2013) 17.08.075 Assisted living facility. “Assisted living facility” means a multifamily residential use licensed by the state of Washington and meeting the requirements of Chapter 388-110 WAC, offering a variety of services to residents, including personal care, food preparation and dining areas, group recreational or activity areas, and limited nursing services. Included as facilities in this definition are congregate care, nursing homes, boarding homes pursuant to City of East Wenatchee Ordinance 2021-05 Page 12 of 54 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) ATTACHMENT A
Chapter 18.20 RCW, and convalescent homes. Assisted living facilities may include housing for the resident in a private apartment-like unit. An “assisted living facility” contains multiple assisted living units. An “assisted living unit” is a dwelling unit permitted only in an assisted living facility. Not included in this definition are facilities meeting the definition of “adult family home” as defined in this chapter. (Ord. 01-03 § 1, 2001) 17.08.080 Automobile wrecking yard. “Automobile wrecking yard” means an area in which is conducted the dismantling and/or wrecking of used motor vehicles, machinery or trailers or the storage or sale of partially dismantled, obsolete or wrecked vehicles or their parts or the storage of motor vehicles unable to be moved under the power of the vehicle. (Ord. 91-5 § 2, 1991) 17.08.090 Basement. “Basement” means that portion of a story partly underground and having at least one- half the height or more than five feet below the adjoining finished grade. (Ord. 91-5 § 2, 1991) 17.08.093 Battery charging station. “Battery charging station” means an electrical component assembly or cluster or component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by Chapter 19.28 RCW, as amended, and consistent with rules adopted under RCW 19.27.540, as amended. (Ord. 11-02 § 3, 2011) 17.08.094 Battery exchange station. “Battery exchange station” means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by Chapter 19.28 RCW, as amended, and consistent with rules adopted under RCW 19.27.540, as amended. (Ord. 11-02 § 3, 2011) 17.08.100 Boardinghouse or bed and breakfast facility. “Boardinghouse or bed and breakfast facility” means a single-family dwelling where transient accommodations with or without meals are provided for five or less guest rooms, located within the primary residence, for compensation. (Ord. 05-07 § 5, 2005; Ord. 91-5 § 2, 1991) 17.08.110 Building. “Building” means a freestanding structure except when divided by party walls without openings when each portion so separated shall be considered a separate building. (Ord. 91-5 § 2, 1991) 17.08.120 Building height. “Building height” means the vertical distance above the reference datum from the highest point of the structure as described in EWMC 17.72.035. For wireless communication facilities, building height shall be measured as the vertical distance between the average finished grade of the ground upon which the tower or facility will
City of East Wenatchee Ordinance 2021-05 Page 13 of 54 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) ATTACHMENT A be located to the highest point of the tower or structure including any antenna(s). (Ord. 08-09 § 3 Exh. A-1(1), 2008; Ord. 02-22 § 2, 2002; Ord. 91-5 § 2, 1991) 17.08.130 Building line. “Building line” means the line of that facet or corner or part of a building nearest the property line and parallel to the property line. (Ord. 91-5 § 2, 1991)
17.08.132 Bus passenger amenities. “Bus passenger amenities” means shelters, benches, trash receptacles and other related items or structures directly related to the provision of services to bus passengers at designated bus stops. (Ord. 01-03 § 1, 2001) 17.08.142 Cargo container. “Cargo container” means a standardized, reusable storage and transport unit, designed without an axle or wheel which was originally, specifically or formally designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities; and was designed for or capable of being mounted or moved on a rail car, chassis or bogie, or similar transportation device, for movement by truck trailer or loaded on a ship. (Ord. 19-19 § 5, 2019) 17.08.150 Carport. “Carport” means a covered shelter for an automobile open on two or more sides. (Ord. 91-5 § 2, 1991) 17.08.152 Charging levels. “Charging levels” means the electrical force, or voltage, at which an electric vehicle’s battery is recharged. Levels 1, 2, and 3 are the most common electric vehicle charging levels, and include the following specifications: A. Level 1 is considered slow charging, requiring a 15- or 20-amp breaker on a 120-volt AC circuit and standard outlet. B. Level 2 is considered medium charging, requiring a 40-amp to 100-amp breaker on a 208- or 240-volt AC circuit. C. Level 3 is considered rapid charging, requiring a 60-amp or higher dedicated breaker on a 480-volt or higher three-phase circuit with special grounding equipment. Level 3 charging uses an off-board charger to provide the AC to DC conversion, delivering DC directly to the car battery. (Ord. 11-02 § 3, 2011) 17.08.155 Child day care facility. “Child day care facility” means a facility licensed by the state of Washington furnishing care, supervision and guidance of an individual or group of individuals for a period of more than four hours, but less than 24 hours, per day. Child day care facilities are classified as follows: A. “Child day care center” means a facility (not located in the residence of the care provider) providing regularly scheduled care within an age range of one month of age through 12 years of age, for periods less than 24 hours. 1. A Group 1 child day care center provides care for 12 or fewer children. 2. A Group 2 child day care center provides care to 13 or more children.
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B. “Family day care home” means a facility located within the family dwelling of the person or person under whose direct care and supervision the child is placed, for the care of 12 or fewer children, including children who reside at the home. (Ord. 01-03 § 1, 2001) 17.08.160 Clinic. “Clinic” means a building designed and used for medical, dental and surgical diagnosis and treatment of outpatients under the care of doctors and nurses, having a central reception room for three or more doctors and operating under a central medical management. (Ord. 91-5 § 2, 1991) 17.08.162 Combined parking. “Combined parking” means an arrangement between private parties which satisfies the parking requirements by allocating the requisite number of spaces for each use in a common parking facility, cooperatively established or operated. Combined parking is more particularly described in EWMC 17.72.010. (Ord. 02-18 § 7, 2002) 17.08.164 Community youth center. “Community youth center” means an enclosed structure open to the general public that is owned and operated by the city of East Wenatchee or another public agency and that is used predominantly by children for cultural, educational, recreational, or social purposes. (Ord. 2000-01 § 3, 2000) 17.08.170 Conditional use. “Conditional use” means the uses, identified in Chapters 17.64 and 17.66 EWMC, which may be permitted subject to the conditions imposed by either the code compliance officer or the board of adjustment, in accordance with the provisions of this code. (Ord. 92-10 § 1, 1992; Ord. 92-1 § 1, 1992; Ord. 91-5 § 2, 1991) 17.08.180 Construction material, basic. “Basic construction material” means all concrete products, lumber, steel, cement and generally those materials used for structural support. (Ord. 91-5 § 2, 1991) 17.08.190 Coverage. “Coverage” means the total ground coverage of all buildings or structures on a site measured from the outside of external walls or supporting members, not including: pools; uncovered patios; uncovered decks less than 30 inches in height (exclusive of safety railings); driveways; open steps and buttresses; terraces; and ornamental features projecting from buildings or structures which are not otherwise supported by the ground. (Ord. 2000-02 § 1, 2000; Ord. 91-5 § 2, 1991) 17.08.192 Cryptocurrency. “Cryptocurrency” means a digital currency in which encryption techniques are used to regulate the generation of units of currency and verify the transfer of funds, operating independently of a central bank. Bitcoin is the most common example of cryptocurrency. (Ord. 19-19 § 6, 2019) 17.08.193 Cryptocurrency mining. “Cryptocurrency mining” means the operation of specialized computer equipment for the primary purpose of mining one or more blockchain based cryptocurrencies such as Bitcoin. This activity typically involves the solving of algorithms as part of the
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development and maintenance of a blockchain which is a type of distributed ledger maintained on a peer-to-peer network. Typical physical characteristics of cryptocurrency mining include specialized computer hardware with a nondiverse electrical use for mining operations as well as equipment to cool the hardware and operating space. For the purposes of the associated regulations, cryptocurrency mining does not include the exchange of cryptocurrency or any other type of virtual currency nor does it encompass the use, creation, or maintenance of all types of peer-to-peer distributed ledgers. (Ord. 19-19 § 7, 2019) 17.08.194 Data center. “Data center” means a facility where the primary use is to house and operate networked computer systems and associated components that include, but may not be limited to, power supply, data communications connections, environmental controls, and security devices. Facilities or operations that meet the definition of “Cryptocurrency mining” will be regulated under that land use designation. (Ord. 19-19 § 8, 2019) 17.08.197 Deck. “Deck” means a covered or uncovered structure which requires a foundation or other supporting structure and is more than 30 inches in height (exclusive of safety railings) as measured from the average finished grade under the deck to the floor elevation. (Ord. 2000-02 § 2, 2000) 17.08.198 Density. “Density” means the permissible number of dwelling units that may be developed on a specific amount of land area, measured in number of dwelling units per acre. 17.08.199 Driveway. “Driveway” means a private access way connected to a public street serving a single residential or commercial unit. 17.08.199A Driveway, joint usage. “Driveway, joint usage” means a private access way connecting to a public street serving up to three adjacent residential or commercial units at a single point 17.08.200 Dwelling. “Dwelling” means a building or portion thereof designed exclusively for a residential occupancy including one-family, two-family, three-family and multifamily dwellings, but not including hotels, boardinghouses and lodging houses. (Ord. 91-5 § 2, 1991) 17.08.210 Dwelling, detached. “Detached dwelling” means a dwelling unit surrounded on all sides by open spaces. (Ord. 91-5 § 2, 1991) 17.08.220 Dwelling, multifamily. “Multifamily dwelling” means a building containing more than two kitchens and designed to be occupied by more than two families living independently of each other three or more dwelling units. (Ord. 91-5 § 2, 1991) 17.08.230 Dwelling, single-family. “Single-family dwelling” means a detached building containing one kitchen designed for and occupied exclusively by one family and the household employees of that family a building containing one dwelling unit on one lot, other than an accessory dwelling. A City of East Wenatchee Ordinance 2021-05 Page 16 of 54 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) ATTACHMENT A
single-family dwelling unit can be either attached or a detached unit, provided each dwelling unit is located on a separate lot. (Ord. 91-5 § 2, 1991) 17.08.231 Dwelling, single-family small lot. “Small lot single-family dwelling” means a single-family dwelling on a lot that is less than 5,000 square feet. 17.08.232 Dwelling, townhome. “Townhome dwelling” means a building containing a row of at least three dwelling units in which each unit has its own front access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common walls. Townhomes qualify as a type of multifamily dwelling. 17.08.233 Dwelling, triplex. “Triplex dwelling” means a building that contains three dwelling units. Each unit must share a common wall or common floor/ceiling with at least one other unit. Triplexes qualify as a type of multifamily dwelling. 17.08.240 Dwelling, two-family or duplex. “Two-family dwelling” or “duplex” means a building containing two kitchens and designed to be occupied by two families living independently of each otherthat contains two dwelling units on one lot. The units must share a common wall or common floor/ceiling. This definition does not include accessory dwelling units. (Ord. 91-5 § 2, 1991)
17.08.250 Dwelling unit. “Dwelling unit” means a building or portion thereof containing living facilities, including provision for sleeping, eating, cooking, and sanitation for not more than one family. (Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991) 17.08.252 Electric vehicle. “Electric vehicle” means any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on-board for motive purpose. “Electric vehicle” includes: A. Battery Electric Vehicle (BEV). Any vehicle that operates exclusively on electrical energy from an off-board source that is stored in the vehicle’s batteries, and produces zero tailpipe emissions or pollution when stationary or operating; B. Plug-In Hybrid Electric Vehicle (PHEV). An electric vehicle that (1) contains an internal combustion engine and also allows power to be delivered to drive wheels by an electric motor; (2) charges its battery primarily by connecting to the grid or other off- board electrical source; (3) may additionally be able to sustain battery charge using an on-board internal-combustion-driven generator; and (4) has the ability to travel powered by electricity; C. Neighborhood Electric Vehicle. A self-propelled, electrically powered four-wheeled motor vehicle whose speed attainable in one mile is more than 20 miles per hour and not more than 25 miles per hour and conforms to federal regulations under 49 CFR Part 571.500; and
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D. Medium-Speed Electric Vehicle. A self-propelled, electrically powered four-wheeled motor vehicle, equipped with a roll cage or crush-proof body design, whose speed attainable in one mile is more than 25 miles per hour but not more than 35 miles per hour and otherwise meets or exceeds the federal regulations set forth in 49 CFR 571.500. E. Provisions may also be made for facilities to support electric scooters and motorcycles: any two- or three-wheel vehicle that operates exclusively on electrical energy from an off-board source that is stored in the vehicle’s batteries and produces zero emissions or pollution when stationary or operating. (Ord. 11-02 § 3, 2011) 17.08.253 Electric vehicle charging station. “Electric vehicle charging station” means a public or private parking space located together with a battery charging station which permits the transfer of electric energy (by conductive or inductive means) to a battery or other storage device in an electric vehicle. (Ord. 11-02 § 3, 2011) 17.08.254 Electric vehicle infrastructure. “Electric vehicle infrastructure” means structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations. (Ord. 11-02 § 3, 2011) 17.08.256 Emergency vehicle access. “Emergency vehicle access” means an improved easement providing access to structures for fire apparatus and other emergency vehicles as provided for in Section 503.1 of the International Fire Code as adopted by East Wenatchee and meeting the requirements of a fire apparatus access street as per EWMC 15.16.010. 17.08.258 Extremely low-income household "Extremely low-income household" means a single person, family, or unrelated persons living together whose adjusted income is at or below 30 percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development. 17.08.260 Family. “Family” means an individual, or two or more persons related by blood or marriage, or a group of not more than three persons, excluding servants, who need not be related by blood or marriage, living together as a single housekeeping unit in a dwelling unit. (Ord. 91-5 § 2, 1991) 17.08.263 Farm animal, large. “Farm animal, large” means animals including, but not limited to, horses, ponies, donkeys, mules, cows, llamas, bovines, goats, sheep, or other similar size and type of animal. Dogs, cats and other house pets are not considered farm animals. (Ord. 13-03 § 3, 2013) 17.08.264 Farm animal, small. “Farm animal, small” means poultry, rabbit, or other similar size and type of animal. Dogs, cats and other house pets are not considered farm animals. (Ord. 13-03 § 3, 2013)
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17.08.270 Fences. “Fences” means front, side and rear yard fences which partially or completely enclose the front, side or rear yard respectively. A building permit shall not be required to construct “fences” six inches or less in width and six feet or less in height, however, all fences shall comply with EWMC 17.72.160. The term “fence” shall also include hedges and/or similar plantings that effectively create a visual or physical barrier; provided, that such vegetative “fences” shall not be considered acceptable as barriers surrounding pools. (Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991) 17.08.280 Garage, commercial. “Commercial garage” means a building or portion thereof designed and used for the storage or servicing of motor vehicles as a business. (Ord. 91-5 § 2, 1991) 17.08.290 Garage, private. “Private garage” means a building or portion of a building in which motor vehicles are stored or kept as an accessory use. (Ord. 91-5 § 2, 1991) 17.08.300 Gross floor area. “Gross floor area” means the sum of the gross horizontal areas within the surrounded walls of the several floors of a building but not including any of the following: A. Elevator shafts and stairways; B. Restrooms and locker rooms; C. Lunch rooms and conference rooms not open to the general public; D. Stock rooms or storage rooms when not open to the general public; E. Enclosed loading docks and corridors when not open to the general public; F. Building mechanical spaces for heating, ventilation, electrical, elevators or other such mechanical equipment; G. Public lobbies, common mall areas, atriums and courtyards provided solely for pedestrian access to the building from the exterior, and/or for aesthetic enhancement or natural lighting purposes; provided, that any portion of common areas or other areas identified in this section that contain a permanent retail establishment (i.e., a structure, kiosk, seating area, or counter) shall be included in the calculation of the gross floor area for determining the required parking; H. Permanently designated pedestrian corridors/passageways in multi-occupancy buildings (i.e., not subject to relocation by the requirements of a specific lease) for common access and exiting to tenant spaces. (Ord. 02-18 § 6, 2002; Ord. 91-5 § 2, 1991) 17.08.310 Group housing. “Group housing” means housing intended for residential occupancy of college students including dormitories, fraternity and sorority houses and eleemosynary sponsored living units. (Ord. 91-5 § 2, 1991)
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17.08.315 Handling or processing of hazardous substances. The use, dispensing, wholesaling, retailing, compounding, manufacturing, storage, treatment or synthesis of hazardous substances in quantities greater than five gallons in volume per individual container. (Ord. 91-5 § 2, 1991) 17.08.316 Hazardous waste. All dangerous and extremely dangerous wastes as defined by WAC 173-303-070 through 173-303-103. (Ord. 91-5 § 2, 1991) 17.08.320 Home occupation. “Home occupation” means a lawful business, occupation, enterprise, or profession conducted within a residential structure, including the dwelling or an attached or detached accessory structure, by a person residing within the dwelling plus no more than one nonresident individual. The home occupation must be clearly incidental and secondary to the use of the structure and premises for residential purposes. (Ord. 13-04 § 3, 2013; Ord. 91-5 § 2, 1991) 17.08.330 Hospital. “Hospital” means an establishment whose primary function is to provide sleeping and eating facilities to persons receiving medical or surgical care with nursing service on a continuous basis. (Ord. 91-5 § 2, 1991) 17.08.340 Hotel. “Hotel” means a building or portion thereof designed or used for transient rental or more than five units for sleeping purposes. A central kitchen and dining room and accessory shops and services catering to the general public can be provided. “Hotel” does not include institutions housing persons under legal restraint or requiring medical attention or care. (Ord. 91-5 § 2, 1991) 17.08.350 Humanistic services facility. “Humanistic services facility” means a facility providing relief for disadvantaged persons, whether for compensation or not, of a spiritual, material or medical nature. Such relief services may include any or all of the following: Emergency care including lodging, meals and other temporal items; religious services, professional counseling, rehabilitation of trade skills, food storage and dispensing and medical assistance. Nothing in this definition should be construed to include sheltered care or the detoxification of inebriates. (Ord. 91-5 § 2, 1991) 17.08.360 Instructional child care. Repealed by Ord. 01-03. (Ord. 91-5 § 2, 1991) 17.08.370 Junkyard. “Junkyard” means a place where junk, waste or discarded or salvaged materials such as scrap metal, bones, rags, used cloth, used rubber, used rope, used bottles, old or used machinery, used tools, used appliances, used fixtures, used utensils, used lumber, used boxes or crates, used pipe or pipe fittings, used tires or other manufactured goods are bought, sold, exchanged, stored, baled, packed or handled. (Ord. 91-5 § 2, 1991) 17.08.373 Kennel. “Kennel” means a structure, enclosure, or lot on which any combination of four or more dogs, cats or other domestic animals, at least four months of age, are kept for sale,
City of East Wenatchee Ordinance 2021-05 Page 20 of 54 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) ATTACHMENT A board, propagation, training, sporting purposes, or cared for as pets or for any other purpose. (Ord. 01-03 § 1, 2001) 17.08.375 Livestock. “Livestock” means animals including, but not limited to, fowl, horses, mules, burros, asses, cattle, sheep, goats, llamas, emu, ostriches, rabbits, swine, or other farm animals excluding dogs and cats. (Ord. 13-03 § 3, 2013) 17.08.380 Lodging house. “Lodging house” means a building with not more than five guest rooms where lodging is provided for compensation. (Ord. 91-5 § 2, 1991) 17.08.382Lot, corner. “Corner lot” means a lot located at the intersection of two or more streets. A lot abutting a curved street or streets must be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees. 17.08.384 Lot line, front. “Front lot line” means any property line of a lot which abuts a street, other than an alley. Corner lots, or lots bounded by more than one street, shall be considered to have two front lot lines.
(Ord. 16-13 § 5, 2017; Ord. 02-22 § 3, 2002)
17.08.385 Lot line, rear. “Rear lot line” means the property line that is most opposite or most distant from the designated front lot line. Corner lots with two front yards must designate one rear lot line, maintaining the applicable required rear yard. The remaining lot line will be a side lot line. In the case of triangular or otherwise irregularly shaped lot, the rear lot line is a line 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line. (Ord. 16-13 § 6, 2017; Ord. 02-22 § 4, 2002) City of East Wenatchee Ordinance 2021-05 Page 21 of 54 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) ATTACHMENT A
17.08.386 Lot line, side. “Side lot line” means any lot line that is not a front or rear lot line. (Ord. 16-13 § 7, 2017; Ord. 02-22 § 5, 2002) 17.08.390 Lot of record. “Lot of record” means a lot as designated on a plat upon which an owner of land lays it off into lots and blocks and dedicates any street indicated thereon to the public, which plat has been approved by the legislature and/or planning authority having jurisdiction thereof and has been filed for record with the auditor of Douglas County, Washington, including all lots having metes and bounds descriptions outside of the major subdivisions such as lots existed pursuant to the records of the Douglas County assessor’s office as of the effective date of the ordinance codified in this title. (Ord. 91-5 § 2, 1991) 17.08.393 Lot, substandard. “Substandard lot” means a lot that was lawfully established and met the lot area and lot width requirements of the East Wenatchee Municipal Code when it was established but does not conform to the lot area and width required to create a new lot in the zone in which it is currently located. (Ord. 16-13 § 8, 2017) 17.08.395 Lot, through. “Through lot” means a lot having frontage on two parallel or private roads that do not intersect at the lot line. (Ord. 16-13 § 9, 2017) 17.08.400 Lot width. “Lot width” means the distance between the side lines of a lot. Lot width shall be determined by the diameter of the largest circle that can be drawn within the boundaries of a lot. The diameter of the circle must be equal to or greater than the minimum lot width requirement of the underlying zone.
(Ord. 16-13 § 10, 2017; Ord. 91-5 § 2, 1991)
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17.08.410 Lot, zoned. “Zoned lot” means lot of record. (Ord. 91-5 § 2, 1991) 17.08.412 Low-income household. "Low-income household" means a single person, family, or unrelated persons living together whose adjusted income is at or below 80 percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development. 17.08.420 Manufactured home. “Manufactured home” means a factory-built, residential single-family dwelling structure constructed after June 15, 1976, and in accordance with the U.S. Department of Housing and Urban Development (HUD) standards and requirements for manufactured housing construction and bearing the appropriate insignia indicating such compliance. (Ord. 12-20 § 3, 2012; Ord. 98-3 § 1, 1998; Ord. 91-5 § 2, 1991) 17.08.425 Miniature goat. “Miniature goat” means those types of goats commonly known as pygmy, dwarf and miniature goats. (Ord. 13-03 § 3, 2013) 17.08.430 Mobile home. “Mobile home” means a factory-built, residential single-family dwelling structure constructed before June 15, 1976, and which is designed for transportation after fabrication in one or more sections on public streets and highways on its own chassis and wheels, and arriving at the site where it is placed on a foundation or tied down and skirted, with towing tongue, axles and wheels removed. Such a unit includes the connection to electric power, water supply and sewage disposal facilities. (Ord. 12-20 § 4, 2012; Ord. 91-5 § 2, 1991) 17.08.440 Mobile/manufactured home park. “Mobile/manufactured home park” means a lot, parcel or tract of land under single ownership or control occupied or designed to be occupied by two or more mobile or manufactured homes which are or will become used for single-family dwelling purposes. (Ord. 12-20 § 5, 2012; Ord. 91-5 § 2, 1991) 17.08.450 Modular home. “Modular home” means a structure constructed in a factory, transported in units and is in accordance with the Uniform Building Code and bearing the appropriate insignia and indicating such compliance. This definition includes “prefabricated,” “panelized” and “factory built” units. (Ord. 91-5 § 2, 1991) 17.08.460 Motel. “Motel” means a building or group of buildings in which lodging is offered to transient guests for compensation and providing accommodations for automobiles adjacent to the lodging. This term includes tourist court, motor lodge, auto court, cabin court, motor inn and similar names. (Ord. 91-5 § 2, 1991) 17.08.470 Municipal buildings. Notwithstanding any contrary provisions found elsewhere in this title, “municipal buildings” means those structures owned and maintained by units of government and used exclusively for authorized governmental functions mandated by statute. Not
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included are structures whose primary use is that of public assembly. (Ord. 91-5 § 2, 1991) 17.08.480 Off-site hazardous waste facilities. “Off-site hazardous waste facilities” means hazardous waste treatment and storage facilities that treat and store hazardous waste from generators on properties other than those properties which the facilities are located on or are geographically contiguous to. (Ord. 91-5 § 2, 1991) 17.08.490 On-site hazardous waste facilities. “On-site hazardous waste facilities” means hazardous waste treatment and storage facilities that treat and store hazardous waste directly associated with the principal use of the property from generators located on the same property; provided, that such facilities comply with the state siting criteria contained in RCW 70.105.210 and WAC 173-303-282, or its successor. (Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991) 17.08.500 Parking space, parking stall. “Parking space” or “parking stall” means an area accessible to vehicles and used exclusively or principally for vehicle storage. (Ord. 02-18 § 8, 2002; Ord. 91-5 § 2, 1991) 17.08.503 Pasture area. “Pasture area” means that area which is enclosed within a perimeter fence, and does not include that portion of the property used for residential purposes such as required front yards and side yards. Pasture areas must be maintained with a permanent, uniform, vegetative top cover that provides forage at levels that matches the forage needs of the animal, and must be kept free of noxious weeds. (Ord. 13-03 § 3, 2013) 17.08.505 Patio. “Patio” means a covered or uncovered pad constructed of poured concrete, wood, brick, or other like materials and which lies directly on the ground or is 30 inches in height or less. (Ord. 2000-02 § 3, 2000) 17.08.510 Permissive use. “Permissive use” means a primary use of the land allowed in accordance with provisions of the use district in which it is located. (Ord. 91-5 § 2, 1991) 17.08.512 Personal service. “Personal service” means services to human beings including, but not limited to, beauty salons, barber shops, tanning salons, tailoring, shoe repairing, specialty boutiques, day spas, and similar services. (Ord. 13-04 § 4, 2013) 17.08.513 Pet boarding. "Pet boarding” means the keeping of otherwise healthy animals not requiring medical or surgical treatment for one or more nights. 17.08.516 Pet or companion animal.* “Pet or companion animal” means any species of animal commonly kept by inhabitants of Washington State as a pet or for companionship, except that snakes exceeding eight feet in length, venomous reptiles (regardless of whether the venom glands have been removed), and venomous amphibians (regardless of whether the venom glands have been removed) are not domestic animals, even if such animals are commonly kept by inhabitants of Washington State as pets or for companionship. (Ord. 13-03 § 3, 2013) City of East Wenatchee Ordinance 2021-05 Page 24 of 54 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) ATTACHMENT A
*Code reviser’s note: Ordinance 13-03 added this section as EWMC 17.08.507. It has been renumbered to preserve alphabetization. 17.08.520 Place of public or private assembly. “Place of public or private assembly” means a building used in whole or in part, for the gathering together of persons for such purposes as deliberation, entertainment, amusements or awaiting transportation. Clubs, lodges, theaters and similar uses shall fall under this definition. (Ord. 91-5 § 2, 1991) 17.08.522 Potbelly pig, miniature. “Potbelly pig, miniature” means that type of swine commonly known as the Vietnamese, Chinese, or Asian potbelly pig (Sus scrofa bittatus) that is 22 inches or less in height at the shoulder and no more than 150 pounds in weight. (Ord. 13-03 § 3, 2013) 17.08.523 Poultry. “Poultry” means chickens, ducks, geese, or similar types of domesticated birds kept for eggs or meat. (Ord. 13-03 § 3, 2013) 17.08.524 Primary or principal use. “Primary or principal use” means the predominant use of the land or building to which all other uses are secondary. (Ord. 01-03 § 1, 2001) 17.08.524A Professional offices. “Professional offices” means offices maintained and used as places of business conducted by persons engaged in health services for human beings, such as doctors and dentists, and by engineers, attorneys, realtors, architects, accountants, clerical, and other recognized general office and medical occupations. (Ord. 13-04 § 5, 2013) 17.08.525 Public facilities. “Public facilities” means land or structures owned by or operated for the benefit of the public use and necessity, including but not limited to public facilities as defined in RCW 36.70A.030, as amended, and may include streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational facilities, and schools. (Ord. 02-22 § 6, 2002; Ord. 01-03 § 1, 2001) 17.08.527 Public services. “Public services” include fire protection and suppression, law enforcement, public health, education, recreation, environmental protection, and other governmental services. (Ord. 02-22 § 7, 2002) 17.08.530 Secondary use. “Secondary use” means a use within the structure which is subordinate to its principal use. (Ord. 91-5 § 2, 1991) 17.08.540 Setback distance. “Setback distance” means the horizontal distance from the property line and located at the minimum setback distance from the property lineminimum required distance between a structure and a specified line such as a lot line, easement or buffer line that is required to remain free of structures. (Ord. 91-5 § 2, 1991)
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17.08.550 Setback line. “Setback line” means a line parallel to the property line and located at the minimum setback distance from the property line. (Ord. 91-5 § 2, 1991) 17.08.552 Sexually oriented materials. “Sexually oriented materials” means any books, magazines, periodicals, or other printed materials or any photographs, films, motion pictures, video cassettes, slides, laser discs, digital versatile discs (DVDs), computer discs, internet sites or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. The term “sexually oriented materials” includes any instruments, devices, or paraphernalia designed for use in connection with any specified sexual activities. (Ord. 2000-01 § 3, 2000) 17.08.556 Shared parking. “Shared parking” means an arrangement between private parties which routinely experience peak parking accumulations at different times of the day, week, or season, and that parking spaces not occupied by one use can accommodate another, nearby use. Examples might include a movie theater and office building, or church and office building. Shared parking is more particularly described in EWMC 17.72.010. (Ord. 02-18 § 9, 2002) 17.08.560 Signs. Repealed by Ord. 2000-03. (Ord. 91-5 § 2, 1991) 17.08.570 Special exceptions. “Special exceptions” means either variances in the use or space requirements of the zoning ordinance or conditional property uses subject to standards established in the zoning ordinance and approval by the board of adjustment. (Ord. 91-5 § 2, 1991) 17.08.572 Specified anatomical areas. “Specified anatomical areas” means and includes any of the following: A. The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or City of East Wenatchee Ordinance 2021-05 Page 26 of 54 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) ATTACHMENT A
B. Less than completely and opaquely covered human genitals, pubic region, anus, buttocks, or female breast below the top of the areola. (Ord. 2000-01 § 3, 2000) 17.08.573 Specified sexual activities. “Specified sexual activities” means and includes any of the following: A. The caressing, fondling, or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; or B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; or C. Masturbation, actual or simulated; or D. Excretory functions as part of, or in connection with, any of the sexual activities specified in this definition. (Ord. 2000-01 § 3, 2000) 17.08.580 Story. “Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above it. If the finished floor level directly above a basement is more than six feet above grade such basement shall be considered a story. Any portion of a story exceeding 14 feet in height shall be considered as an additional story for each 14 feet or fraction thereof. (Ord. 91-5 § 2, 1991) 17.08.590 Structure. “Structure” means that which is built or constructed; an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner a combination of materials constructed and erected permanently in or on the ground or attached to something having a permanent location on the ground, not including utility poles and related ground or pad mounted equipment, fences less than six feet in height, retaining walls, rockeries, paved patios or driveways and other similar improvement of a minor character less than three feet in height. (Ord. 91-5 § 2, 1991) 17.08.600 Substandard street. “Substandard street” means a street having less than a 60-foot right-of-waythe standard right of way for the class of street as required by Title 12 EWMC, as the same exists now or may hereafter be amended. (Ord. 91-5 § 2, 1991) 17.08.610 Technical review committee. “Technical review committee” means a committee that will consist of the city’s planner, engineer, street superintendent, and code compliance officer. Their purpose is to review development proposals for their consistency with the city’s regulations. (Ord. 91-5 § 2, 1991) 17.08.620 Terrace. “Terrace” means an improved area adjacent to a structure being open and uncovered. (Ord. 91-5 § 2, 1991)
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17.08.625 Utility or utility services. “Utility” or “utility services” means any water, gas, sanitary or storm sewer, electrical, telephone, irrigation, drainage way, natural gas, facility and/or service and all persons, companies or governmental agencies furnishing the same. (Ord. 02-22 § 8, 2002)
17.08.627 Very low-income household "Very low-income household" means a single person, family, or unrelated persons living together whose adjusted income is at or below 50 percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development.
17.08.628 Veterinary hospital. "Veterinary hospital" means a place where animals are given medical care and the boarding of animals is limited to short-term care incidental to the hospital use
17.08.630 Yard, front. “Front yard” means an open area that extends across the full width of a lot lying between the front lot line and the nearest point of a building front yard setback line measured horizontally and perpendicular from the front lot line. (Ord. 02-22 § 9, 2002; Ord. 91-5 § 2, 1991)
17.08.640 Yard, rear. “Rear yard” means an open area that extends across the full width of a lot lying between the rear lot line and the nearest point of a building measured horizontally and perpendicular from the rear lot linerear yard setback line. (Ord. 02-22 § 10, 2002; Ord. 91-5 § 2, 1991)
17.08.650 Yard, side. “Side yard” means an open area that extends from the front yard setback line to the rear yard between the side lot line and the nearest point of a building measured horizontally and perpendicular from the side lot setback line. (Ord. 02-22 § 11, 2002; Ord. 91-5 § 2, 1991)
17.08.660 Zero lot line development. “Zero lot line development” means the location of a building on a lot in such a manner that any portion of one or more of the building’s walls rests directly on a side or rear lot line. Each dwelling in a zero lot line development shall be located on its own individually platted lot.
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(Ord. 16-13 § 11, 2017)
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Amendment 2. The City Council amends chapter 17.24 EWMC to read as follows: Chapter 17.24 R-L RESIDENTIAL LOW DENSITY DISTRICT
Sections: 17.24.010 Purpose. 17.24.020 Permitted uses. 17.24.030 Accessory uses. 17.24.040 Conditional uses. 17.24.045 Prohibited uses. 17.24.050 Dimensional standards. 17.24.060 Off-street parking requirements. 17.24.070 Landscaping requirements. 17.24.090 Design standards and guidelines.
17.24.010 Purpose. The R-L residential low density district is a land use classification primarily suited for single-family residential living. Uses are limited to residential uses and under certain conditions public and service uses which by their nature as support services or facilities are necessarily better served by locating within the residential sector. (Ord. 16-09 § 5 (Exh. A), 2017; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991)
17.24.020 Permitted uses. The following uses shall be permitted uses in the R-L district: A. Single-family dwellings including modular and manufactured housing constructed in accordance with the design requirements set forth in Chapter 15.38 EWMC, but not to exceed one dwelling on any one lot unless otherwise permitted by this title; B. Temporary construction offices within the tract or subdivision on which buildings are being erected, and only for the duration of active construction; C. Residential planned unit developments approved pursuant to Chapter 17.68 EWMC and the applicable sections of the Greater Wenatchee Urban Area Design Standards and Guidelines which are adopted by this reference as if fully set forth herein; D. Adult family homes licensed by the Washington State Department of Social and Health Services and meeting the definition in EWMC 17.08.055; E. Bus passenger amenities meeting the requirements of EWMC 17.72.185; F. Agricultural uses of a horticultural nature such as vegetable gardens, fruit and nut trees, grape vines, and other horticultural stock; G. Duplex dwellings; provided, the property is immediately adjacent to a commercial zoning district (i.e., shares a common lot line or is directly across a public street from) and has sufficient land area to provide 8,000 square feet of land area per duplex
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structure in addition to the land area required for any other dwellings existing on the same property. H. Duplexes on corners. This provision allows new duplexes in locations where their appearance and impact will be compatible with the surrounding houses. Duplexes on corner lots can be designed so each unit is oriented towards a different street. This gives the structure the overall appearance of a house when viewed from either street. 1. Development standards. Both units of the duplex or attached houses must meet the following standards to ensure that the two units have compatible elements. Adjustments to this paragraph are prohibited. The standards are: 2. Minimum lot size. The minimum lot size for duplexes on a corner lot is 8,000 square feet in area. 3. Entrances. Each of the units must have its address and main entrance oriented towards a separate street frontage. Deviation from this standard may be permitted if one of the streets is an arterial and the driveway would adversely impact circulation on that street. Where an existing house is being converted to two units, one main entrance with internal access to both units is allowed. 4. Exterior finish materials. The exterior finish material must be the same, or visually match in type, size and placement. 5. Roof pitch. The predominant roof pitch must be the same for both units. 6. Eaves. Roof eaves must project the same distance from the building wall. 7. Trim. Trim must be the same in type, size and location. 8. Windows. Windows must match in proportion and orientation. 1.9. Overall design. The overall design of the duplex must be consistent in bulk and character with the homes in the neighborhood. I. Triplex dwellings, provided they meet applicable minimum lot size standards in EWMC 17.24.050(A) and the following locational requirements: 1.The triplex is on a lot that is immediately adjacent to a commercial zoning district (i.e., shares a common lot line or is directly across a public street from). 2. The triplex is on a corner lot. (Ord. 16-09 § 5 (Exh. A), 2017; Ord. 07-05 § 4, 2007; Ord. 05-07 § 1, 2005; Ord. 01-03 § 1, 2001; Ord. 98-3 § 2, 1998; Ord. 94-2 § 1, 1994; Ord. 91-5 § 2, 1991)
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 17.08.155(B);
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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; 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;
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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. (Ord. 16-09 § 5 (Exh. A), 2017; Ord. 13-04 § 6, 2013; Ord. 13-03 § 4, 2013; Ord. 07-05 § 4, 2007; Ord. 05-07 § 3, 2005; Ord. 02-22 § 12, 2002; Ord. 01-03 § 1, 2001; Ord. 2000-02 § 4, 2000; Ord. 91-5 § 2, 1991) 17.24.040 Conditional uses. The following uses shall be conditional uses in the R-L district under conditions set forth in Chapter 17.64 EWMC: A. Public schools and private schools; B. Public parks and playgrounds; C. Churches; D. Municipal buildings; E. Public facilities and utilities; F. Neighborhood centers; G. Child day care centers – Group 1 facilities only as defined in EWMC 17.08.155(A)(1); H. Bed and breakfast facilities. (Ord. 16-09 § 5 (Exh. A), 2017; Ord. 13-04 § 7, 2013; Ord. 07-05 § 4, 2007; Ord. 05-07 § 6, 2005; Ord. 01-03 § 1, 2001; Ord. 2000-02 § 5, 2000; Ord. 91-5 § 2, 1991) 17.24.045 Prohibited uses. All uses not listed above as permitted uses, accessory uses, or conditional uses shall be prohibited uses. Upon application to the board of adjustment, the board may rule that a use not specifically named in the permitted uses of a district shall be included among the allowed uses if the use is of the same general type and is similar to the permitted uses; however, this section does not authorize the inclusion of a use in a district where it is not listed when the use is specifically listed in another district. (Ord. 16-09 § 5 (Exh. A), 2017; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001)
17.24.050 Dimensional standards. The following are dimensional standards in the R-L district: A. Minimum lot area: 1. Single-family dwelling: 5,000 square feet, except as provided in EWMC 17.72.020(D); 2. Duplex dwellings: 8,000 square feet; 3. Triplex dwellings: 10,000 square feet. B. Minimum width of lot at building line: 50 feet. Corner lots shall have a minimum width at the building line of 60 feet, except as provided in EWMC 17.72.020(D); C. Minimum lot depth: 80 feet;
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D. Maximum building height: 35 feet, except where otherwise noted; E. Maximum land coverage: 1. Single-family dwellings and all other structures: 40 percent for all buildings; 2. Duplex, triplex, and courtyard apartments: 45 percent. F. Minimum setback distances, except as provided in EWMC 17.72.040: 1. Front yard: 15 feet, provided any garage or carport with vehicle entrances facing a street shall be set back at least 20 feet from the front lot line. Unenclosed porches and covered entries may project up to six feet into the front yard setback; 2. Rear yard: 15 feet; 3. Side yard: five feet 4. Corner lots. Buildings on corner lots shall observe the minimum front yard setback on both streets and shall provide at least one rear yard setback. (See illustration below.) Flag lots. The lot in front of a flag lot may reduce its side building setback along the flag pole lot line to 5 feet. Eaves may be within 2 feet of the flag pole lot line. All other setback requirements remain the same.
(Ord. 16-09 § 5 (Exh. A), 2017; Ord. 08-09 § 3 Exh. A-1(2), 2008; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991)
17.24.060 Off-street parking requirements. Off-street parking requirements for the R-L district shall conform to the provisions in Chapter 17.72 EWMC, as the same exists now or may hereafter be amended. All required parking shall be located to the rear of the front yard setback. (Ord. 16-09 § 5 (Exh. A), 2017; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991)
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17.24.070 Landscaping requirements. All developments in this district shall be subject to the landscaping requirements in Chapter 17.72 EWMC, as the same exists now or may hereafter be amended. (Ord. 16- 09 § 5 (Exh. A), 2017; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001)
17.24.090 Design standards and guidelines. Development within this district shall comply with the applicable sections of the Greater East Wenatchee Urban Growth Area Design Standards and Guidelines which are adopted by this reference as if fully set forth herein. (Ord. 16-09 § 5 (Exh. A), 2017; Ord. 07-05 § 4, 2007)
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Amendment 3. The City Council amends chapter 17.28 EWMC to read as follows: Chapter 17.28 R-M RESIDENTIAL MEDIUM DENSITY DISTRICT
Sections: 17.28.010 Purpose. 17.28.020 Permitted uses. 17.28.030 Accessory uses. 17.28.040 Conditional uses. 17.28.045 Prohibited uses. 17.28.050 Dimensional standards. 17.28.060 Off-street parking requirements. 17.28.070 Landscaping requirements. 17.28.080 Site plan review. 17.28.090 Design standards and guidelines.
17.28.010 Purpose. The R-M residential medium density district is a land use classification suitable for residential uses with a variety of housing types, forms and densities to provide a greater degree of flexibility of design as an alternative to conventional single-family detached development. Uses are limited to residential uses and under certain conditions public and private service uses which are required to service residential uses in residential areas. (Ord. 16-10 § 5 (Exh. A), 2017; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991) 17.28.020 Permitted uses. The following uses shall be permitted uses in the R-M district: A. Any permitted use allowed in the R-L district with the exception of agricultural uses. Location or proximity requirements of the R-L district do not apply to the R-M district; B. Single-family small lot dwellings; C. Duplex, triplex, townhome, and multifamily dwellings; D. Assisted living facilities; E. Residential planned unit developments approved pursuant to Chapter 17.68 EWMC. B. Apartments, duplexes, assisted living facilities, other multifamily dwelling units up to 15 dwelling units per acre;, and multifamily dwellings. CD. Residential planned unit developments approved pursuant to Chapter 17.68 EWMC. (Ord. 16-10 § 5 (Exh. A), 2017; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991)
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17.28.030 Accessory uses. Subject to the dimensional standards set forth in EWMC 17.28.050, the following uses shall be accessory uses in the R-M district: All accessory uses allowed in the R-L district under conditions applicable to the R-L district as set forth in EWMC 17.24.030; except for the provision in EWMC 17.24.030(c). (Ord. 16-10 § 5 (Exh. A), 2017; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 2000- 02 § 6, 2000; Ord. 94-14 § 1, 1994; Ord. 91-5 § 2, 1991) 17.28.040 Conditional uses. The following uses shall be conditional uses in the R-M district under conditions set forth in Chapter 17.64 EWMC: A. Churches; B. Hospitals; C. Child day care centers – Group 1 facilities only as defined in EWMC 17.08.155(A)(1); D. Municipal buildings; E. Public facilities and utilities; F. Bed and breakfasts or boardinghouses; G. Neighborhood centers; H. Public schools and private schools; I. Public parks and playgrounds; J. Manufactured home parks. (Ord. 16-10 § 5 (Exh. A), 2017; Ord. 13-04 § 8, 2013; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991)
17.28.045 Prohibited uses. All uses not listed above as permitted uses, accessory uses, or conditional uses shall be prohibited uses. Upon application to the board of adjustment, the board may rule that a use not specifically named in the permitted uses of a district shall be included among the allowed uses if the use is of the same general type and is similar to the permitted uses; however, this section does not authorize the inclusion of a use in a district where it is not listed when the use is specifically listed in another district. (Ord. 16-10 § 5 (Exh. A), 2017; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001)
17.28.050 Dimensional standards. The following are dimensional standards in the R-M district: A. Minimum lot area:4,000 square feet. 1. Four thousand square feet for single-family dwellings, or 3,500 square feet for attached single-family dwellings; 2. Six thousand square feet for two-family dwellings;
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3. Six thousand square feet for the first two dwellings plus 2,900 square feet per each additional dwelling unit for a multifamily dwelling structure up to a maximum density of 15 dwelling units per acre; B. Maximum density: 1520 dwelling units per acre; CB. Minimum width of lot at building line: 50 feet. Alley-loaded lots shall have a minimum width of 40 feet. Corner lots shall have a minimum width at the building line of 60 feet; DC. Minimum lot depth: 70 feet; ED. Maximum building height: 50 feet; FE. Maximum land coverage: 45 50 percent for all buildings. GF. Minimum setback distances: except as provided in EWMC 17.72.040(B), (C), (D), (F) and (H): 1. Front yard: 15 to 20 feet, provided any garage or carport with vehicle entrances facing a street shall be set back at least 20 feet from the front lot line. Unenclosed porches and covered entries may project up to six feet into the front yard setback; 2. Rear yard: 15 feet; 3. Side yard: five feet plus one-half foot for each foot by which the building height exceeds 35 feet. To comply with the increased setback requirement for buildings over 35 feet, the building may be designed with the first floor at five feet and the upper floors stepped back to meet the increased setback requirement. Buildings on corner lots shall observe the minimum front yard setback on both streets and shall provide at least one rear yard setback. (Ord. 16-10 § 5 (Exh. A), 2017; Ord. 08-09 § 3 Exh. A-1(3), 2008; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 2000-02 § 7, 2000; Ord. 91-5 § 2, 1991)
17.28.060 Off-street parking requirements. The off-street parking requirements shall be as set forth in EWMC 17.72.010, as the same exists now or may hereafter be amended. (Ord. 16-10 § 5 (Exh. A), 2017; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991) 17.28.070 Landscaping requirements. All developments in this district shall be subject to the landscaping requirements in Chapter 17.72 EWMC, as the same exists now or may hereafter be amended. (Ord. 16-10 § 5 (Exh. A), 2017; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001)
17.28.080 Site plan review. Site plan review and approval pursuant to Chapter 17.80 EWMC shall be required prior to the use of land for the location of multiple dwelling units. (Ord. 16-10 § 5 (Exh. A), 2017; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001)
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17.28.090 Design standards and guidelines. Development within this district shall comply with the applicable sections of the Greater East Wenatchee Urban Growth Area Design Standards and Guidelines which are adopted by this reference as if fully set forth herein. (Ord. 16-10 § 5 (Exh. A), 2017; Ord. 07-05 § 4, 2007)
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Amendment 4. The City Council amends chapter 17.32 EWMC to read as follows: Chapter 17.32 R-H RESIDENTIAL HIGH DENSITY/OFFICE DISTRICT
Sections: 17.32.010 Purpose. 17.32.020 Permitted uses. 17.32.030 Accessory uses. 17.32.040 Conditional uses. 17.32.045 Prohibited uses. 17.32.050 Dimensional standards. 17.32.060 Off-street parking requirements. 17.32.070 Landscaping. 17.32.080 Site plan review. 17.32.090 Design standards and guidelines.
17.32.010 Purpose. The R-H residential high density/office district is a land use classification suitable for high level of diversity and density in residential housing types and offices and limited commercial opportunities that can be integrated into the residential area. Uses are limited to residential and office uses and those uses deemed not to be unduly detrimental to the character of the district. (Ord. 16-11 § 5 (Exh. A), 2017; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991)
17.32.020 Permitted uses. The following uses shall be permitted uses in the R-H district: A. Any permitted uses allowed in the R-L district with the exception of agricultural uses. Location or proximity requirements of the R-L district do not apply to the R-H district; B. Single-family small lot dwellings; C. Duplex, triplex, townhome, and multifamily dwellings; D. Assisted living facilities; B. Apartments, duplexes, assisted living facilities, and other multifamily dwelling units up to 24 dwelling units per acre;and multifamily dwellings. CE. Boardinghouses, lodging houses and housekeeping rooms; FD. General or professional offices; provided, all of the following criteria are satisfied: 1. The term “general or professional offices” for this section includes a building or separately defined space (which may include more than one building) occupied
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by doctors, dentists, accountants, bookkeepers, insurance agents, realtors, attorneys, optometrists, architects, professional engineers and surveyors, or any group or combination with a professional or personal service business, excluding commercial laundries, funeral services or other services where the use of hazardous chemicals, equipment, or process which creates noise, vibration, glare, smoke, dust, fumes, odors, heat or electrical interference with any radio or television receivers. In case of a dispute the administrator shall determine whether or not the proposed use is a professional or personal service business; 2. The use of an office does not include retail sales or manufacture of goods unless incidental and subordinate to the primary use of the property for the professional or service business, provided such operation or use does not exceed 30 percent of the floor area of the primary structure, or 3,000 square feet in area, whichever is less; 3. The lot has frontage on an arterial or collector street as shown on the comprehensive plan and uses such frontage as its primary access; 4. Off-street parking is provided in compliance with the provisions of EWMC 17.72.010, as the same exists now or may hereafter be amended; 5. Screening shall be provided on any property line abutting a residential land use consisting of a continuous fence supplemented with landscape planting or a continuous wall, evergreen hedge or combination thereof which effectively screens the area which it encloses. All required screening shall be constructed to the maximum heights allowable for fences; 6. Business hours are limited to between 7:00 a.m. and 10:00 p.m. daily; GE. Mobile/manufactured home parks meeting the standards of EWMC 17.64.130, including all future amendments. (Ord. 16-11 § 5 (Exh. A), 2017; Ord. 13-04 § 9, 2013; Ord. 13-03 § 5, 2013; Ord. 12-20 § 6, 2012; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991)
17.32.030 Accessory uses. Subject to the dimensional standards set forth in EWMC 17.32.050, the following uses shall be accessory uses in the R-H district: A. All accessory uses allowed in the R-L district under conditions applicable to the R-L district as set forth in EWMC 17.24.030, except the keeping and raising of livestock and poultry and except for the provision in EWMC 17.24.030(c). (Ord. 16-11 § 5 (Exh. A), 2017; Ord. 13-03 § 6, 2013; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 2000-3 § 4, 2000; Ord. 2000-02 § 8, 2000; Ord. 91-5 § 2, 1991)
17.32.040 Conditional uses. The following uses shall be conditional uses in the R-H district under conditions set forth in Chapter 17.64 EWMC:
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A. Public schools and private schools; B. Churches; C. Clinics (not otherwise qualifying under EWMC 17.32.020(D)), hospitals and sanitariums; D. Child day care centers (Groups 1 and 2); E. Public facilities and utilities; F. Bed and breakfast facilities; G. Neighborhood centers; H. Public parks and playgrounds; I. Off-street parking facilities as a primary use may be permitted in the R-H district on zoning lots physically contiguous to any commercial district. Such parking uses shall be screened along any property line that abuts or faces a lot zoned for residential purposes pursuant to the requirements for Type I screening in EWMC 17.72.080. Any parking lot created under this section shall directly serve the permitted uses in the contiguous commercial districts. Parking thus provided may be credited toward the required off- street parking requirements for such permitted commercial uses; J. Broadcast relay tower communication facility subject to the provisions of Chapter 17.70 EWMC, as the same now exists or may hereafter be amended. (Ord. 16-11 § 5 (Exh. A), 2017; Ord. 13-04 § 10, 2013; Ord. 07-05 § 4, 2007; Ord. 02-22 § 13, 2002; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991)
17.32.045 Prohibited uses. All uses not listed above as permitted uses, accessory uses, or conditional uses shall be prohibited uses. Upon application to the board of adjustment, the board may rule that a use not specifically named in the permitted uses of a district shall be included among the allowed uses if the use is of the same general type and is similar to the permitted uses; however, this section does not authorize the inclusion of a use in a district where it is not listed when the use is specifically listed in another district. (Ord. 16-11 § 5 (Exh. A), 2017; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001)
17.32.050 Dimensional standards. The following are dimensional standards in the R-H district: A. Minimum lot area: 3,200 square feet. 1. Three thousand two hundred square feet for single-family dwellings or 3,000 square feet for single-family attached dwellings; 2. Five thousand square feet for a two-family dwelling;
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3. Five thousand square feet for the first two dwellings plus 1,700 square feet for each additional dwelling unit for multifamily dwelling structures; 4. Seven thousand square feet for general and professional offices; B. Maximum density: 24 30 dwelling units per acre; C. Minimum width of lot at building line: 1. 40 feet for one- or two-story buildings; 2. , 50 feet for three- to four-story buildings; 3. 60 feet for corner lots shall have a minimum width at the building line of 60 feet, , except as provided in EWMC 17.72.020(D); D. Minimum lot depth: 80 60 feet; E. Maximum building height: 50 feet; F. Maximum land coverage: 50 60 percent for all structures; G. Minimum setback distances: except as provided in EWMC 17.72.040(B), (C), (D), (F) and (H): 1. Front yard: 10 feet from the front property line. Any garage or carport with entrances facing a street shall be set back at least 20 feet; 2. Rear yard: 15 feet; 3. Side yard: Five feet plus one-half foot for each foot by which the building height exceeds 35 feet. To comply with the increased setback requirement for buildings over 35 feet, the building may be designed with the first floor at five feet and the upper floors stepped back to meet the increased setback requirement. 4. Buildings on corner lots shall observe the minimum front yard setback on both streets and shall provide at least one rear yard setback.
(Ord. 16-11 § 5 (Exh. A), 2017; Ord. 08-09 § 3 Exh. A-1(4), 2008; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 2000-02 § 9, 2000; Ord. 91-5 § 2, 1991)
17.32.060 Off-street parking requirements. A. The off-street requirements shall be as set forth in EWMC 17.72.010, as the same exists now or may hereafter be amended. B. All of the parking shall be located to the rear of any front yard setback line and shall not project beyond any side yard setback line. (Ord. 16-11 § 5 (Exh. A), 2017; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991)
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17.32.070 Landscaping. All developments in this district shall be subject to the landscaping requirements in Chapter 17.72 EWMC, as the same exists now or may hereafter be amended. (Ord. 16-11 § 5 (Exh. A), 2017; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991)
17.32.080 Site plan review. Site plan review and approval pursuant to Chapter 17.80 EWMC shall be required prior to the use of land for the location of any commercial activity or for the location of multiple dwelling units. (Ord. 16-11 § 5 (Exh. A), 2017; Ord. 07-05 § 4, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991)
17.32.090 Design standards and guidelines. Development within this district shall comply with the applicable sections of the Greater East Wenatchee Urban Growth Area Design Standards and Guidelines which are adopted by this reference as if fully set forth herein. (Ord. 16-11 § 5 (Exh. A), 2017; Ord. 07-05 § 4, 2007)
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Amendment 5. The City Council amends chapter 17.34 EWMC to read as follows:
Chapter 17.34 Commercial Zoning District Land Use Matrix
EW Urban Area
Code 2002 NAICS Land Use Description G-C MU WMU CBD
Residential (Single-Family Dwelling Units) P P
Residential (Townhome) P7 P P P7
Residential (Duplex)
Residential (Triplex) A A
Residential (Multifamily Dwelling Units) A/C P P A/C
Residential (Existing) P4 P P P4
Notes:
See specific zoning district and use chapters for dimensional standards and other design standards that may be applicable to specific districts and uses.
P – Permitted use in that district.
P1 – All storage must comply with the requirements of EWMC 17.72.150 and the gross floor area of the building cannot exceed 5,000 sq. ft. (excluding general office space).
P2 – All storage must comply with the requirements of EWMC 17.72.150.
P3 – Subject to the requirements of EWMC 17.72.180.
P4 – Existing residential structures. It is recognized that existing residential structures, legally established before the effective date of this zoning district, are permitted to continue as a place of habitation; provided, if the structure housing the residential use obtains an occupancy permit for any other use established in this section, the residential status protected under this provision is revoked.
P5 – Large satellite dish, amateur radio tower, attached wireless or broadcast and relay tower communication facility subject to the provisions of Chapter 17.70 EWMC, as the same now exists or may hereafter be amended.
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P6 – Automobile, boat, recreational vehicle sales or leasing, new or used, must comply with the following requirements:
1. The business must be located on an arterial or collector;
2. Any repairing, painting or body work must be conducted inside of a building and no parts storage or inoperable vehicles may be stored outside of a building;
3. If abutting a residential zone, Type 1 landscape screening must be installed along all property lines abutting a residential zoning district in compliance with the requirements of EWMC 17.72.080(A);
4. A minimum of a 25-foot setback shall be required of any building abutting any residential zone;
5. Vehicle storage may not occupy more than 60 percent of the site that is not covered by structures, landscaping, required customer and staff parking, and unimproved portions of the property;
6. The applicant must submit a parking plan showing the arrangement of motor vehicles within the proposed motor vehicle outdoor display and storage areas. The plan must delineate parking spaces for customers and employees. All outdoor vehicle display areas must be paved and striped according to the parking plan.
P7 -– Residential uses are prohibited on the ground floor of buildings (or portions thereof) facing the street. Buildings facing the street (or portions thereof) must reserve ground level space at least 60-feet deep for other permitted uses. Exception: Residential lobbies may be located on the ground floor of buildings facing the street.
A – Accessory use. Must have a principal use established on the property.
A1 – Must be directly associated with the principal use of the property and shall comply with RCW 70.105.210 and WAC 173-303-282.
A2 – Large satellite dish, amateur radio tower, attached wireless or broadcast and relay tower communication facility subject to the provisions of Chapter 17.70 EWMC, as the same now exists or may hereafter be amended. Requirements for R-H district applicable to the mixed use districts.
C – Conditional use permit required.
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Amendment 6. The City Council amends chapter 17.72 EWMC to read as follows: Chapter 17.72 GENERAL REGULATIONS
Note: Due to the large number of sections in this chapter, sections that have not been changed have not been included. The list below highlights the sections that have been amended.
Sections: 17.72.005 Purpose. 17.72.010 Off-street parking. Amended 17.72.020 Use of land or buildings. Amended 17.72.030 Recreational vehicles. 17.72.035 Building height measurement. 17.72.040 Structures generally. Amended 17.72.045 Lot size averaging. 17.72.050 Landscaping – Purpose and intent. 17.72.060 General landscaping. 17.72.070 Parking lot landscapes. Amended 17.72.080 Screening requirements. 17.72.090 Existing site vegetation. 17.72.100 Maintenance. 17.72.110 Performance assurance/bonding. 17.72.120 Minor modification of landscaping requirements – Technical review committee. 17.72.130 Payment in lieu of landscaping. 17.72.140 Landscaping for additions to existing buildings. 17.72.150 Storage and display standards. 17.72.160 Fences. Amended 17.72.170 Garbage containers – Placement and screening. 17.72.180 Adult entertainment facilities. 17.72.185 Bus passenger amenities. 17.72.190 Accessory dwelling units. 17.72.200 Farm animals, livestock, and poultry. 17.72.210 Lot frontage. Amended 17.72.211 Flag lots. New Section 17.72.220 Storage facilities associated with residential development. 17.72.230 On-site recreation – Space required. 17.72.240 Pedestrian and/or bicycle trail access. 17.72.250 Preservation of public and private open space. 17.72.255 Electric vehicle infrastructure. 17.72.260 Required use of public sanitary sewer system. 17.72.270 Cryptocurrency mining.
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17.72.010 Off-street parking. G. Off-Street Parking Requirements – Specified Uses. The following requirements shall be met in all zones, except as provided for in subsection (B)(1) of this section. These parking requirements are referenced to spaces per square foot and are to be computed on the basis of gross floor area unless otherwise specified in this table.
STANDARDS LAND USE MINIMUM PARKING SPACES RESIDENTIAL LAND USES: Accessory dwelling unit 1 space/unit Bed and breakfast 1 space/guestroom bedroom Boarding or lodging home or room 1 space/guestroom bedroom Duplexes 2 spaces/dwelling unit 1 space per bedroom, but not more than 2 spaces per dwelling unit Triplexes 1 space per bedroom, but not more than 2 spaces per dwelling unit Townhome 1 space per bedroom, but not more than 2 spaces per dwelling unit Institutional: welfare or correctional institution, 1 space/5 beds or 1 space/5 sanitarium, nursing home, assisted living facility, dwelling units, whichever is retirement home, rest home or convalescent less center, congregate care facility Multifamily Studio and oOne-bedroom units: 1 space/dwelling unit; Two-bedroom units: 1.5 spaces/dwelling unit Two Three or more bedroom units: 2 spaces/dwelling unit; Plus.50 .25 spaces/dwelling unit for guest parking Student or group housing 1 space/bedroom Single-family and manufactured home parks 2 spaces/dwelling unit
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I. Downtown Business Area Figure.
(Ord. 16-12 § 5, 2017; Ord. 16-06 § 6 (Exh. B), 2016; Ord. 02-18 § 10, 2002; Ord. 91-5 § 2, 1991)
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17.72.020 Use of land or buildings. Except as herein provided: A. No building or structure shall be erected and no existing building or structure shall be moved, altered, added to or enlarged, nor shall any land, building, structure, open space or premises be used, designed or intended to be used for any purpose or in any manner other than a use listed in this title as permitted in the use district in which the land, building, structure or premises is located. B. No building or structure shall be erected nor shall any existing building or structure be moved, reconstructed or structurally altered to exceed in height the limit established by this title. C. No yard or other open spaces provided about any building or structure for the purpose of complying with the regulations of this title or amendments thereto shall be considered as providing a yard or open space for any other building or structure. D. In the residential districts for lots which were lots of record prior to the passage of the ordinance codified in this title and which contain less than the required width and/or less than the required minimum lot area, but contain an area of not less than 5,000 square feet and a minimum width at building line of not less than 40 feet, a building permit may be issued by the administrator of this title without a hearing before the hearing examiner; provided, that the structure built on any such nonconforming lot of record shall meet all of the remaining dimensional standards required in the district in which the structure is located. E. Garages or carports in any zoning district that permits residential uses and within any residential planned unit development shall be set back 20-feet as measured from the right-of-way, access easement or front property line. The setback may be reduced to 18-feet if justified to the satisfaction of the city engineer. (Ord. 16-12 § 6, 2017; Ord. 07-05 § 7, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991)
17.72.040 Structures generally. A. No accessory building shall be used as a place of habitation, unless expressly permitted otherwise by this title and city building, life and safety codes. B. Accessory structures may be built within a rear yard; provided, that the maximum lot coverage is not exceeded and that no structure or combination of structures cover more than 50 percent of the land area of within the rear yard. A five-foot setback from all property lines is required except as provided below. C. No accessory structure shall occupy any part of a required front yard area. D. Accessory structures may observe a three-foot setback the side and rear yard areas; provided, that no combination of structures extend more than 50 percent of the horizontal distance of the rear or side property line. Accessory buildings structures may observe a zero setback where a rear or side property line is adjacent to an alley. In all other circumstances, accessory buildings shall observe a five-foot setback in rear and side yard areas. No roof eave or any other part of the structure may project or overhang City of East Wenatchee Ordinance 2021-05 Page 50 of 54 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) ATTACHMENT A
across any property line and said structure shall be constructed with a roof that directs stormwater runoff away from any neighboring properties. E. All gasoline station pump islands shall be set back at least 15 feet from all property lines. F. If a lot in a residential district not facing on a substandard street or half-street is adjoined on both sides by lots on which structures are set back less than the required front yard setback, a new structure on the heretofore vacant center lot may set back a distance equal to the average setback of the two adjoining properties but in no case shall the garage setback be less than 20 feet. All lots used for this average setback provision must be located within the same zoning district. G. Cul-de-Sacs or Irregular Lots. No building or structure shall be erected where the front building setback line measures less than 60 feet wide, except when located in a manufactured home park or if specifically approved as a part of a planned development. 17.72.070 Parking lot landscapes. The purpose of parking lot landscape development is to soften the visual effect created by large expanses of barren asphalt. It shall meet the following criteria: A. Required Area. 1. Commercial and industrial zoning districts. Planting areas shall constitute at least four six percent of the parking area in the commercial and industrial zoning districts. 2. In all other developments zoning districts except for single-family districts, 10 percent of the parking area shall be landscaped. Such amounts of landscaping may be included in the overall amount of landscaping required by EWMC 17.72.060(G). B. Minimum Width and Length. Planting areas shall have a minimum average width of five feet. When located in a row of parking stalls, planting areas shall be the same length as the adjacent parking stalls. C. Location of Plantings. All planting areas should be located between parking stalls or the end of parking columns. Where vehicle overhang extends into landscape areas, a setback shall be provided that allows adequate growing space for all trees and shrubs. D. Tree Requirements. A minimum of one tree shall be required for each 150 square feet, or fraction thereof, of required landscape areas. Deciduous trees shall have a clear trunk of at least five feet above the ground, and the remaining area shall be landscaped with shrubs and/or groundcover. E. Landscape areas next to a pedestrian walkway shall be planted to provide a clear view zone between 3 and 8 feet from ground level within a minimum of 3 feet abutting the edge of the walkway. EF. Any trees, shrubs, or plants which are susceptible to damage or injury by pedestrian or motor traffic shall be protected by appropriate curbs, tree guards or other protective devices. (Ord. 07-05 § 7, 2007; Ord. 91-5 § 2, 1991) City of East Wenatchee Ordinance 2021-05 Page 51 of 54 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) ATTACHMENT A
17.72.160 Fences. Fences in all zoning districts shall meet the following requirements except as may be provided in a specific district: A. Fence Heights. In any use zoning district, except as otherwise provided in that district or in Chapter 10.28 EWMC or in subsection B of this section, no fence shall exceed the following height standards: 1. Front yard: 48 inches maximum height as measured from the finished grade of the lot within 10 feet of the front lot line. On corner lots and when located within a sight distance triangle as defined in Chapter 10.28 EWMC, no fence or other physical obstruction shall be higher than 48 inches as measured from the established road grade. 2. Side yard: a maximum of 48 inches in height as measured from the established road grade within 10 feet of the front lot line, at which point it may be a maximum of six feet in height as measured from the finished grade of the lot. 3. Rear yard: six feet maximum height from the finished grade of the lot. B. Double Frontage Lots within Residential Districts. Double frontage lots within a residential district and located on a collector or arterial road may construct a fence six feet in height on the front lot line adjacent to the arterial or collector. The fence height shall be measured from the established road grade. The All of the following criteria shall be met to achieve the maximum fence height, otherwise the maximum height is 48 inches within five feet of the lot line and six feet beyond: 1. Vehicular access is prohibited from the arterial or collector roadway for the affected lot; 2. If a gate is located for each affected lot that it beand which is designed for pedestrian access only; 3. The fence complies with the minimum standards set forth in Chapter 10.28 EWMC for sight distance triangles; and 4. The fence shall be maintained and kept in good repair. C. Fences Enclosing Special Public or Private Buildings. A fence enclosing public or private school grounds, playfields, municipal buildings, cemeteries, or utilities may be a maximum height of eight feet as measured from the established road grade provided the requirements of Chapter 10.28 EWMC for sight distance triangles is observed. D. Fence posts and decorative features may exceed the maximum fence height by no more than 18 inches provided the features are spaced at least six 6 feet apart. (Ord. 07- 05 § 7, 2007; Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991) 17.72.210 Lot frontage. Residential lots shall have not less than 40 feet of frontage on a public or private roadway, except when located within a cul-de-sac, a manufactured home park, a planned development or when the lot is accessed from a joint-use driveway or access easement meeting the requirements of Chapters 12.50 through 12.60 EWMC, comprehensive street standards, and any amendments. A minimum of 20 feet of
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contiguous frontage is required for lots located on a cul-de-sac (road right-of-way) in all use districts and lots located on the outside of a road curve with a radius between 50 and 75 feet unless a shared driveway is approved by the city engineer. (Ord. 16-12 § 10, 2017; Ord. 10-09 § 8, 2010; Ord. 07-05 § 7, 2007) 17.72.211 Flag lots. [NEW] The following regulations apply to flag lots: A. Purpose. These regulations allow the creation of flag lots in limited circumstances. The limitations minimize the negative impacts of flag lots and additional driveways on an area while allowing land to be divided when other options are not achievable. B. When a flag lot is allowed. A flag lot is allowed only when the following are met: 1. No more than three lots are proposed, only one of which is a flag lot; and 2. Minimum density requirements for the zoning districtDistrict will be met.; and 3. One of the following are conditions exist: a. An existing dwelling unit or attached garage on the site is located so that it precludes a land division that meets the minimum lot width standard of the District within which the property is located. The dwelling unit and attached garage must have been on the site prior to the adoption of this section; or b. The site has dimensions that preclude a land division that meets the minimum lot width standard of the District within which the property is located;. C. Flag lot access pole. The pole portion of the flag lot must meet the following standards. Adjustments are prohibited: 1. The pole must connect to a street; 2. The pole must be at least 20 feet wide for its entire length; 3. The pole must be part of the flag lot and must be under the same ownership as the flag portion; and 4. . No buildings or structures are permitted to be constructed within the pole area. D. Minimum lot area. Only the area of the flag portion is included when calculating the minimum lot area. The area of the pole portion of the lot is not included. E. Minimum lot dimensions. 1. Flag lots must have a minimum street frontage of 20 feet. 2. The minimum lot width and minimum lot depth required for each flag lot is 40 feet. 3. For the purposes of this subsection width and depth are measured at the midpoints of the opposite lot lines of the flag portion of the lot. All other lot dimension standards must be met.
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F. Minimum setbacks. The lot line opposite the public right of way will be considered the rear lot line for the flag lot. A 15 foot setback is required from the rear lot line. Other lot lines shall be considered Side Yardsside yards. requiring a 5 foot setback. No buildings are permitted to be constructed within the pole area. See diagram below. The rear and side yards meet the dimension standards of the applicable District. Flag lots are exempt from providing front yards. Flag Lot Diagram
RY Flag Lot
SY Buildable SY Area
SY RY
SY Standard Lot SY Pole
FY
Public Street
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City of East Wenatchee, Washington Ordinance No. 2021-06 An Ordinance of the City of East Wenatchee amending chapter 12.53 of the East Wenatchee Municipal Code regarding driveways and access easements, containing a severability clause, and establishing an effective date. Una Ordenanza de la Ciudad de East Wenatchee que modifica el capítulo 12.53 del Código Municipal de East Wenatchee con respecto a las entradas para vehículos y servidumbres de acceso, que contiene una cláusula de divisibilidad y establece una fecha de vigencia.
1. Alternate format. 1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta, etc.), póngase en contacto con el vendedor de la ciudad al [email protected], 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@east- wenatchee.com, 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. 2.2. On December 7, 2020 the proposed amendments were transmitted to the Washington State Department of Commerce (Commerce) for the required 60-day review required by RCW 36.70A.106. The comment period ended on February 5, 2021. No comments from state agencies were received. 2.3. On February 23, 2021, 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 East Wenatchee Municipal Code amendments and remanded the proposed amendments to the Greater East Wenatchee Urban Growth Area Design Standards & Guidelines back to staff for additional work.
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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. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS: 4. Amendment 1. The City Council amends chapter 12.53 of the East Wenatchee Municipal Code as set forth in Exhibit A to this Ordinance. 5. 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. 5.1. FINDINGS OF FACT 5.1.1. Amendments are proposed for the following EWMC chapters: 17.08 Definitions, 17.24 Residential Low Density District, 17.28 Residential Medium Density District, 17.32 Residential High Density/Office District, 17.34 Commercial Zoning District Land Use Matrix, 17.72 General Regulations, and 12.53 Driveways, Access Easement, Pedestrian Facilities, Walks and Trails. 5.1.2. The Greater East Wenatchee Area Comprehensive Plan (2019) reflects the community’s preferred future and contains goals and policies pertaining to the proposed amendments. 5.1.3. The Planning Commission held workshops on August 25, 2020 and October 27, 2020. 5.1.4. The proposed amendments have been posted on the City’s website since December 2020. 5.1.5. 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 4, 2020. The comment period ended on December 29, 2020. 5.1.6. The DNS was published in the Wenatchee World on December 10, 2020. 5.1.7. The proposed amendments were transmitted to Douglas County Land Services, Douglas County PUD, Douglas County Sewer District, East Wenatchee Water District, Washington State Department of Transportation, and the City of Wenatchee.
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Comments submitted were considered in the final draft of the proposed amendments. 5.1.8. Advertisement of the Planning Commission’s public hearing was published in The Wenatchee World on February 11, 2021. 5.1.9. The East Wenatchee Planning Commission held a duly advertised open-record public hearing on February 23, 2021. 5.1.10. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated by this reference. 5.2. CONCLUSIONS 5.2.1. The proposal is consistent with and implements goals and policies in the Greater East Wenatchee Area Comprehensive Plan. 5.2.2. Approval of the proposal will not be detrimental to the public health, safety, and general welfare. 5.2.3. 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 at duly noticed public workshops and a public hearing. 5.2.4. 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. 5.2.5. The proposed amendments have been processed in a manner consistent with the requirements of the Revised Code of Washington and the Washington Administrative Code. 5.2.6. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated by this reference. 6. 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. 7. 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.
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Exhibit A
Chapter 12.53 DRIVEWAYS, ACCESS EASEMENT, PEDESTRIAN FACILITIES, WALKS AND TRAILS Sections: 12.53.010 Driveways and access easement. 12.53.020 Pedestrian facilities (urban areas). 12.53.030 Walkways, bikeways and trails. 12.53.040 School access. 12.53.050 Alleys. 12.53.010 Driveways and access easement. A. General. 1. Dimensions, slopes and details for all driveway and access easements connecting to a city street shall be as indicated on Figure 4-1 in EWMC 12.60.010. Driveways entering streets with curb and gutter shall meet the requirements contained within WSDOT Standard Plans as approved by the city engineer. 2. All new or revised driveways and accesses onto a city street (including temporary or construction accesses) require approval from the city engineer in accordance with the provisions of this chapter. B. Conditions for Approval of New Driveways and Access Easements. 1. Driveways directly providing access onto arterials and collectors shall be denied if alternate access is available. Access onto arterials and collectors may be permitted where no other alternative is available and is approved by the city engineer. 2. Where property has frontage on more than one street, driveways and accesses shall be limited to the lowest volume street. 3. Circular driveways shall have a minimum separation of 100 feet unless the lot width is insufficient to accommodate the 100-foot separation and the shorter distance is supported by an analysis prepared by a licensed engineer and approved by the city engineer demonstrating that the two access points are necessary and will not adversely impact traffic flow and circulation on the connecting street. 4. Driveways and access easements should be located at the greatest distance possible from an intersection of two streets. Driveways and access easements should not be located closer than 125 feet from the nearest edge of the intersection as measured from the closest point of the driveway edge when either intersecting street is an arterial or collector and 75 feet when the streets are both local access streets. The city engineer may issue a permit for a driveway or access easement not meeting city location and spacing criteria standards if a conforming connection is not attainable at the time of the permit application
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submittal and denial would leave the property without a reasonable means of connection to the street system. The city engineer may require the applicant to provide a traffic impact analysis to support the request for a nonconforming driveway or access easement. Nonconforming driveway or access easement permits shall specify conditions or limits including, but not limited to, the following: a. Joint Use Connection. The city may issue a driveway or access easement connection permit requiring a legally enforceable joint use driveway when determined by the city engineer to be in the best interest of the city in maintaining the operational efficiency and safety of the street. b. Traffic Volume. The maximum vehicular usage of the connection shall be specified in the permit. c. Future Alternate Access. The permit shall specify that a conforming connection be constructed if and when future alternate means of access becomes available, and that the nonconforming connection must be removed. d. Users. The permit shall specify the properties to be served by the connection; and any other conditions as necessary to ensure the safe operation of the driveway or access easement and the intersecting street. 5. In areas zoned residential, the minimum separation of individual parcel driveways or accesses, as measured from the centerlines of the driveways or accesses, shall not exceed one-half of the sum of the accessed parcel frontage and each of the adjacent parcel frontages. Joint usage driveways may be required where sufficient spacing is not available. 6. Only one driveway per single residential or commercial unit will be permitted unless the applicant can demonstrate that additional driveways or accesses are needed due to the amount of traffic generated by the project, traffic distribution patterns, impacts to the city street system or public safety and there is sufficient space to accommodate the additional driveway or access. Joint usage driveways are encouraged. 7. All abandoned driveways shall be removed and restored by the applicant or agent. 8. Maintenance of driveways and approaches (and associated culverts where required) onto a city street shall be the responsibility of the applicant. C. Standards. 1. Common to All Driveways and Access Easements. a. Clear View Triangle. In addition to providing sufficient sight distances as required in subsection (C)(1)(c) of this section, a clear view triangle as described in Chapter 10.28 EWMC shall be maintained for vision safety purposes.
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b. Alignment. All driveways and access easement shall intersect the main street at an angle between 75 and 105 degrees, with 90 degrees being preferable. c. Sight Distance. Sufficient sight distances for vehicles to safely enter onto a public street or streets as well as for other vehicles on the street or streets to avoid accidents with entering or exiting vehicles is required for all driveways and access points. For all driveways and access easement, stopping sight distance in accordance with the AASHTO Green Book is required as follows: To calculate sight distance for existing streets serving a proposed driveway or access, first convert the posted speed to an operating speed as per Table 12.53.010-1: Table 12.53.010-1 Add for Operating Posted Speed Speed 20 mph 0 25 mph 0 30 mph 5 mph 35 mph 5 mph 40 mph 10 mph 45 mph and above 10 mph Secondly, use the operating speed and determine the minimum stopping sight distances from Table 12.53.010-2 (based on an approaching vehicle driver’s eye height of three and one-half feet and an object at the driveway of two feet). Table 12.53.010-2 Operating Speed Minimum Stopping (mph) Sight Distance (feet) 20 115 25 155 30 200 35 250 40 305 45 360 50 425 55 495 60 570
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The grade of the street can also affect the minimum sight distance required. The following Table 12.53.010-3 provides the increase for downgrades and the decrease for upgrades modifiers. Table 12.53.010-3 Operating Increase (feet) for Downgrades Decrease (feet) for Upgrades Speed 3% 6% 9% 3% 6% 9% (mph) 20 to 30 10 20 30 — 10 20 31 to 40 20 40 70 10 20 30 41 to 50 30 70 — 20 30 — 51 to 60 50 110 — 30 50 —
Situations with sight distances less than the above must be approved by the city engineer. In these cases, the applicant may also be required to obtain the services of a professional traffic engineer to assess the situation and provide written justification for lesser sight distances. Sight distances shall be measured from a point 10 feet back of the edge of shoulder or back of sidewalk each way along the edge of the traveled way of the main street as shown in the figure below.
d. Drainage. Approaches shall be constructed in such a manner as to minimize the runoff from a driveway or other access easement onto the main street. All approaches at points where there is an existing roadside ditch shall be constructed with a culvert pipe meeting the specifications of the city engineer. e. Surfacing within Right-of-Way. That portion of a driveway or access easement connecting to a paved public street that is within the right-of- way of the public street shall be surfaced with a minimum of two and one- half inches of compacted asphalt concrete pavement or equivalent surfacing material to the street.
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f. Maintenance. Maintenance of all driveways and access easement including approaches to public streets shall be the responsibility of the owner(s). All shared driveways and access easements shall have a maintenance agreement recorded with the final project approval that specifies consistent maintenance in accordance with the approved project plans. 2. Driveways and Joint Usage Driveways. Driveways and joint usage driveways serving no more than two lots have no minimum width or surfacing requirements beyond requirements of subsection (C)(1) of this section. The minimum width of a driveway or a joint usage driveway is 20 feet. In addition to the provisions in subsection (C)(1) driveways and joint use driveways must meet the following standards: a. Driveways providing access to one single-family home should have a maximum improved width of 20 feet and a minimum improved width of 10 feet. b. Joint use driveways should have a minimum improved width of 15 feet and a maximum improved width of 30 feet. The width of the easement shall be sufficient to accommodate the driveway surfacing, any required storm water drainage features, and any utilities. In no case shall the easement be less than 30 20 feet in width. The full width of the easement shall be clear of sight obstructions to a height of 13 feet six inches. The maximum grade shall be 12 percent. c. All driveways shall be improved with a minimum of six inches of compacted gravel base, crushed surfacing base course or crushed surfacing top course. The surfacing shall be concrete, asphalt or an alternative treatment providing surfacing capable of supporting a typical residential vehicle load. The use of pervious surfacing is encouraged. d. All driveways greater than 150 feet in length shall be improved with an approved turnaround for emergency vehicles such as a cul-de-sac or hammerhead unless the fire marshal determines that alternative access for fire protection is available. See Figure 4-2 in EWMC 12.60.010 for acceptable turnaround designs. 3. Access Easements. Property accesses serving no more than four lots are access easements. Unless an alternate approved emergency vehicle access is provided, access easements shall also serve as an emergency vehicle access. Access easements are privately owned and maintained by the property owners being served and are not the responsibility of the city. Access easements shall comply with EWMC 15.16.010 and have the following minimum requirements: a. The minimum width of the tract or easement for an access easement shall be 30 20 feet for access easements if no fire hydrant is located along the easement. Thirty feet of easement width is required if a fire hydrant is located along the easement.
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b. The minimum base shall be six inches of compacted gravel base, crushed surfacing base course or crushed surfacing top course. The surfacing shall be concrete, asphalt, or other approved surfacing capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds. c. The base and surfacing shall provide a minimum unobstructed width of 20 feet. Where a fire hydrant is located on an access easement, the minimum unobstructed surface width shall be 26 feet. d. Suitable drainage in the form of ditches and cross culverts shall be provided along the full length of the access easement. Any bridges or drainage structures shall meet the requirements of Chapter 12.55 EWMC. e. All dead enddead-end access easements greater than 150 feet in length shall be improved with an approved turnaround for emergency vehicles such as a cul-de-sac or hammerhead. See Figure 4-2 in EWMC 12.60.010 for acceptable turnaround designs. The length of an access easement shall not exceed 450 feet, excluding the turnaround unless otherwise approved by the city fire marshal. f. Access easement to more than four lots shall be via an urban local access city or private street meeting the requirements of this chapter. g. The minimum centerline radius of curvature shall not be less than 45 feet; provided, however, if an approved alternate emergency vehicle access is provided, the minimum centerline radius of curvature shall not be less than 30 feet. h. The maximum grade shall be 10 percent for gravel surfacing and 12 percent for paved portions. i. The minimum clear vertical distance shall not be less than 13 feet six inches. j. Appropriate provisions shall be made for snow storage. k. All dead-end access easements greater than 150 feet in length shall be improved with an approved turnaround for emergency vehicles such as a cul-de-sac or hammerhead. See Figure 4-2 in EWMC 12.60.010 for acceptable turnaround designs. (Ord. 10-09 § 9 (Exh. B), 2010)
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City of East Wenatchee, Washington
Ordinance No. 2021-08
An Ordinance of the City of East Wenatchee amending the Greater East Wenatchee Area Comprehensive Plan (GEWA Plan) selected text, tables, charts, and maps in Chapter 3 Land Use, Chapter 4 Housing, and Chapter 8 Transportation as part of the 2020 Annual Amendment Process.
Una Ordenanza de la Ciudad de East Wenatchee que modifica el texto, tablas, gráficos y mapas seleccionados del Plan Integral del Área del Gran Este de Wenatchee (Plan GEWA) en el Capítulo 3 Uso de la tierra, Capítulo 4 Vivienda y Capítulo 8 Transporte como parte de la Enmienda anual 2020 Proceso.
1. Alternate format. 1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta, etc.), póngase en contacto con el vendedor de la ciudad al [email protected], 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 [email protected], 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 City Council of East Wenatchee (“City Council”) finds that it is in the best interests of the City and its citizens to adopt this ordinance amending the Greater East Wenatchee Area Comprehensive Plan.
2.3. The East Wenatchee Planning Commission held a duly advertised public hearing on March 30, 2021 to consider the proposed amendments. The Planning Commission unanimously voted that the amendments be forwarded to the City Council with a recommendation of approval.
3. Authority. 3.1. 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.
3.2. RCW 35A.63 and RCW 36.70A authorize the City Council to adopt and amend development regulations and comprehensive plans. ATTACHMENT C
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS:
4. Purpose. The purpose of this ordinance is to amend the Greater East Wenatchee Area Comprehensive Plan, as part of the 2020 Annual Amendment Cycle.
5. Amendment. The City Council amends Chapter 3 Land Use, Chapter 4 Housing, and Chapter 8 Transportation of the Greater East Wenatchee Area Comprehensive Plan to read as set forth in Exhibit A.
6. Findings of Fact and Conclusions of Law. In addition to the Recitals and Authorities listed in this Ordinance, the City Council adopts the following the findings of fact and conclusions of law.
6.1. Findings of Fact
6.1.1. Amendments to the Greater East Wenatchee Area Comprehensive Plan to Chapter 3 Land Use – Minor clarifications and correction of typographical errors, Chapter 4 Housing – Updates to tables, increasing the residential densities for R-L from 8 dwelling units per acre to 8-10 dwelling units per acre (DU/AC); R-M from 15 to 20 DU/AC and R-H from 26 to 30 DU/AC, correcting typographical errors and updating text; and Chapter 8 Transportation – Correcting typographical errors and amending policy T-30, including map Figure 8.2, to allow more access options to connect to a portion of Eastmont Avenue between Badger Mountain Road and US 2/97 and SR 28.
6.1.2. The proposed GEWA Plan amendments are part of the 2020 Annual Update.
6.1.3. This is a joint project with Douglas County since the GEWA Plan applies to the city and unincorporated areas within the East Wenatchee Urban Area. The city is the lead entity for this project
6.1.4. The proposal will be applicable to properties within the city limits and in the unincorporated area within the urban growth area surrounding the city of East Wenatchee in Douglas County, Washington.
6.1.5. Douglas County and East Wenatchee have adopted the Greater East Wenatchee Area Comprehensive Plan in accordance with the provisions of the Growth Management Act and RCW Chapter 36.70A.
6.1.6. Douglas County and East Wenatchee coordinate in long-range planning within the Greater East Wenatchee Area. The Douglas County Regional Policy Plan, as amended, established the protocol for comprehensive plan amendments.
City of East Wenatchee Ordinance 2021-08 Page 2 of 6 ATTACHMENT C
6.1.7. RCW Chapters 36.70A authorize cities and counties to adopt and amend comprehensive plans and development regulations.
6.1.8. Amendments to the Greater East Wenatchee Area Comprehensive Plan and East Wenatchee Municipal Code are consistent with the Douglas County Regional Policy Plan (countywide planning policy) and RCW Chapter 36.70A.
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. A threshold determination and environmental review pursuant to RCW 43.21C the State Environmental Policy Act was completed and a Determination of Non-significance including a comment period was issued on March 4, 2021. The comment period for the Determination of Non-significance terminated on March 19, 2021. No comments have been received regarding this proposal.
6.1.11. A 60-day notice of intent to adopt amendments to the comprehensive plan was submitted to Washington State Department of Commerce (Commerce) on February 8, 2021. The deadline for comments is April 9, 2021.
6.1.12. The East Wenatchee Planning Commission held public workshops on October 27, 2020 and on February 23, 2021 to review the proposed GEWA Plan amendments.
6.1.13. The proposed amendments to the GEWA Plan were presented to the Douglas County Planning Commission at their March 10, 2021 public meeting.
6.1.14. Advertisement of the Planning Commission’s public hearing was published in The Wenatchee World on March 20, 2021 and posted on the City’s web site.
6.1.15. The public hearing was held remotely using the Zoom platform. Access instructions for person wishing to participate in the hearing was included in the legal advertisement for the hearing and on the City’s website.
6.1.16. The East Wenatchee Planning Commission held a public hearing to review the proposed GEWA Plan amendments and formulate a recommendation to the East Wenatchee City Council.
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6.1.17. The East Wenatchee Planning Commission has reviewed the entire record as it relates to the proposed comprehensive plan amendments.
6.1.18. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated by this reference.
6.2. Conclusions of Law
6.2.1. The proposed amendments to the Greater East Wenatchee Area Comprehensive Plan are consistent with the procedural requirements of RCW 36.70A.
6.2.2. The Greater East Wenatchee Area Comprehensive Plan and development regulations are consistent with each other.
6.2.3. The proposal has been processed in compliance with the procedural and substantive requirements of the State Environmental Policy Act, RCW 43.21C.
6.2.4. Proper legal requirements of RCW 36.70A.106, EWMC Title 19, were met and the community was given the opportunity to comment on the proposal at a duly noticed public hearing.
6.2.5. The proposed comprehensive plan amendments and the process used are consistent with the Douglas County Regional Policy Plan.
6.2.6. Approval of the proposal will not be detrimental to the public health, safety, and general welfare.
6.2.7. 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.
6.2.8. The proposed amendments have been processed in a manner consistent with the requirements of the Revised Code of Washington and the Washington Administrative Code.
6.2.9. 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.
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GREATER EAST WENATCHEE AREA COMPREHENSIVE PLAN
CITY OF EAST WENATCHEE WASHINGTON
CITY COUNCIL
Mayor Steven C. LacyJerrilea Crawford Position 1 – John Sterk Position 2 – Harry Raab Position 3 – Chuck JohnsonRobert Tidd Position 4 – Jerrilea Crawford Sasha Sleiman Position 5 – Shayne Magdoff Position 6 – Tim Detering Christine Johnson Position 7 – Mathew Hepner
Draft Amendments 3-5-2021 For the 2020 Update Cycle Note: Only the chapters proposed to be amended are included.
Amendments Adopted By City of East Wenatchee Ordinances 2018-01, 2018-02, and 2018-03, adopted March 13, 2018
Ordinances 2019-05, 2019-06, & 2019-07 adopted April 2, 2019; Ordinance 2019-08 adopted May 7, Ordinance 2019-10 & Resolution 2019-11 adopted May 21, 2019
By Douglas County Ordinances TLS 18-1-05B and TLS 18-2-05B adopted January 16, 2018 Ordinances TLS 19-03-01D adopted January 22, 2019; & TLS 19-06-11B adopted February 2, 2019
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TABLE OF CONTENTS
Chapter 3 LAND USE Introduction Washington State Goals and Mandates Population UGA Residential Land Capacity Analysis Land Use Designations within the UGA Residential Commercial Designated Commercial Areas Commercial Goals & Policies Industrial Industrial Goals and Policies Property Rights Goal & Policies Essential Public Facilities Capital Facility Planning Relationship to Land Use Comprehensive Plan Land Use Map Pangborn Memorial Airport Chapter 4 RESIDENTIAL/HOUSING Housing Inventory and Conditions Housing Affordability Land Use and Housing Goals and Policies Housing Assistance Programs Chapter 8 TRANSPORTATION Introduction Existing Transportation System Transportation Goals and Policies Transportation System Analysis Project Recommendations and Financial Analysis Geologically Hazardous Areas Goals and Policies
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LIST OF TABLES AND MAPS (Note: This page will be amended as needed.) TABLES Page 1.1 2010 - 2035 Douglas County Population Allocation 19 3.1 Douglas County Population Trends 2718 3.2 Douglas County OFM Population Projections 2718 3.3 County and East Wenatchee UGA Population Projection to 20282040 2718 3.4 Projected Housing Units Needed 30 3.5 Projected Net Residential Acres of Land Needed 30 3.6 Land Capacity Analysis and Summary Table UGA Expansion Area 31 3.7 Land Uses in Existing Urban Growth Area 31 3.8 Acreage by Designation 32 4.1 Housing types 57 4.2 Year Structure Built 57 4.3 Population, Housing Units, Occupied Housing and Vacancy Rate 58 4.4 Vacancy Rate 58 4.5 Tenure of Occupied Housing Units 58 4.6 Median Household Income 60 4.7 Median Household Income for Renter and Owner Occupied Housing 60 4.8 Monthly Owner Cost as Percentage of Household Income 61 4.9 Affordable Home Purchase Limits Based Upon Income Levels 61 4.10 Comparison of Median Household Income to Affordable Housing Costs 61 4.11 Affordability Gap for Homeownership 62 4.12 Gross Rent 62 4.13 Gross Rent as Percentage of Household Income 63 4.14 Fair Market Rents – Chelan and Douglas Counties 63 LOS and Delay 115 Graph Overall Average Annual Wage 137 12.1 Average Annual Wage in the Four Largest Employment Sectors 138 12.2 Shares of Employment in Top Five Employment Sectors 138 12.3 Employment by Industry 139 12.4 Shares of Employment by Occupation of the Population 16 and Up 140 12.5 Distribution of Local Sales/Use Tax to Douglas County and Cities Comparison of 140 Calendar Years 2014 and 2015 MAPS and FIGURES Page East Wenatchee Urban Growth Boundary 25 Comprehensive Plan Land Use Map 49 Figure 1 Pangborn Memorial Airport Compatibility Zones and FAR 77 Surfaces 52 Figure 2 Pangborn Airport Noise Contours 54 Map 1 - Existing EMPD Parks 77 Map 4 - Existing Service Areas By Park Type 78 Map 5 - Proposed Park Areas 79 East Wenatchee Water District 96 Douglas County Sewer District 97 Greater East Wenatchee Stormwater Utility District 98 Figure 8.0 Functional Classification and Circulation Map 103 Figure 8.1 T-30 Exhibit North 109 Figure 8.2 T-30 Exhibit South 110 Figure 8.3 Roadway Condition 114 Figure 8.4 Vehicle Mobility Deficiencies 116 Figure 8.5 Pedestrian Mobility Performance 117
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CHAPTER 3 LAND USE
INTRODUCTION The Land Use Element is the Greater East Wenatchee Area’s 20-year vision for land use. This element generally describes the existing conditions regarding urban land use in the study area. Urban lands are those lands located within the East Wenatchee Urban Growth Area (UGA). These lands have growth patterns that have or will have an intensive use of the land for uses and buildings that are incompatible with rural or resource uses. This element will take the conclusions and recommendations reached in other chapters and synthesize them into a land use map for the study area. While the Land Use Element builds upon the existing land use pattern and presence of natural features, it also sets forth some changes in the way land use development should occur in the future. WASHINGTON STATE GOALS AND MANDATES RCW 36.70A.070 Each comprehensive plan shall include a plan, scheme, or design for each of the following: (1) A land use element designating the proposed general distribution and general location and extent of the uses of land, where appropriate, for agriculture, timber production, housing, commerce, industry, recreation, open spaces, general aviation airports, public utilities, public facilities, and other land uses. The land use element shall include population densities, building intensities, and estimates of future population growth. POPULATION The Growth Management Act requires counties to adopt a 20-year population projection from a projection range provided by the Office of Financial Management (OFM) for planning purposes. (See Table 3.2 for the current OFM projections for Douglas County.) This population projection is the basis upon which comprehensive plans are developed. The Act also requires that plans focus the majority of the population growth within the urban growth areas where services and public facilities can be provided more efficiently. The boundary of the UGA is directly related to the projection of population assigned by the county for each UGA. Historical trends The population of Douglas County has grown from a population of 4,926 persons in 1900 to 38,431 in 2010. The decade with the largest population growth was from 1990 to 2000 with an increase of 6,398 persons. The growth between 2000 and 2010 slowed to 5,828 persons.
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Table 3.1 Douglas County Population Trends – 1970 to 2010 Year 1970 1980 1990 2000 2010 Douglas County 16,787 22,144 26,205 32,603 38,431
East Wenatchee UGA 9,034 14,778 16,660 21,304 26,221 City of East Wenatchee 913 1,640 2,701 5,757 13,190 Source: US Census
The Washington State Office of Financial Management updated their GMA population projections in 2012. The table below shows the high, medium, and low series projections for Douglas County in five-year intervals.
Table 3.2 Douglas County OFM Population Projections Census Projections 2010 2015 2020 2025 2030 2035 2040 High 38,431 45,031 49,469 53,935 58,270 62,336 66,223 Medium 38,431 40,603 43,619 46,662 49,583 52,256 54,762 Low 38,431 35,630 36,679 37,754 38,716 39,451 40,031 Source Office of Financial Management, Issue Date of Projections: August 2012
The sub-county population projection adopted by the Regional Council used a modified medium series projection with a planning period ending at 2035.
Table 3.3 County and East Wenatchee UGA Population Projection % of Description Population 2010 2015 2020 2025 2030 2035 2036 2037 2038 2039 2040 Allocation East Wenatchee 72% 26,221 28,212 30,203 32,193 34,184 36,175 37,985 38,346 38,707 39,068 39,429 Urban 82% 31,458 33,725 35,993 38,260 40,527 42,795 43,261 43,672 44,083 44,494 44,905 Rural 18% 6,973 7,471 7,968 8,466 8,964 9,462 9,496 9,587 9,677 9,767 9,857 Douglas County Total 100% 38,431 41,196 43,961 46,726 49,491 52,256 52,757 53,258 53,760 54,261 54,762 Observations In the past 40 years, the population of the East Wenatchee urban area in relation to the overall County population has increased during each decade. In 1990 the East Wenatchee UGA was 63.5% of the county population. In 2000 it increased to 65.3% and in 2010 it increased to 68.23%. Population projection The ability to anticipate population change and allocate it to smaller geographic areas is an important planning tool for the development of the Greater East Wenatchee Area UGA. Population projections help to plan for the impacts of growth and its demands on facilities and services such as roads, sewers, schools, water systems, fire stations, and power and other utilities. The majority of the county’s population growth is required, by GMA, to occur within the designated urban growth areas. The percentage that was approved by the Douglas
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County Regional Council in 2012 was an allocation of 82% of the growth to the 5 UGA’s and 18% of the growth to the rural area. Table 3.3 shows the projected population growth for the East Wenatchee Urban Growth Area. The year 2010 number is the actual population from the 2010 U.S. Census. The population projections indicate that the East Wenatchee UGA will need to accommodate an additional 9,954 persons.
UGA RESIDENTIAL LAND CAPACITY ANALYSIS In 2013, the County and the City performed a residential land capacity analysis to determine whether the existing urban growth area could accommodate the population projection. This land capacity analysis was developed using available information and reasonable methodology and assumptions. The analysis of the data and resulting land capacity determination depended upon certain assumptions. Methodology
Land Use Analysis - The first step of the process involved an extensive analysis of existing land uses to determine the available vacant land within the residential land use designations: All vacant residential lots were identified – if the parcel was between 4,000 sq. ft. and 1.5 acres in size and had no structure value - it was considered vacant. All other vacant residential property was identified. All underutilized residential lands were identified. If a parcel was between 1.5 acres and 5 acres and had one dwelling – 1 acre was taken off for the existing home and the remainder of the parcel was considered vacant. Lots where the structures occupied a larger than normal area or the remainder was less than ½ acre, up to 2 acres were taken off for the existing home. All properties owned by a utility, government entity or a quasi-public entity were deleted from the residential vacant land inventory. All critical areas were deleted from the vacant land inventory. The Mixed-Use and Waterfront Mixed-Use land use designations allow residential and commercial land uses. Due to the unknown variables of the Mixed-Use and Waterfront Mixed-Use, a residential capacity of those lands was estimated to be 50% for commercial and 50% for residential land uses. Housing Unit Projection - To determine the number of housing units and other land uses that should be provided to serve the projected population; the first step is to convert the population projection to a housing unit need. That conversion can be accomplished by looking at the historic household count and then applying a vacancy factor since a “household” is an occupied housing unit. Since many factors can influence the vacancy rate in a community, another method is to simply divide the
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number of persons by the total number of housing units to obtain a “persons per housing unit” rate. This is a simpler approach that accounts for vacancies and other influencing factors. Over the past 20 years, there has been a decline in the number of persons per housing unit. This is particularly true in urban areas. An average of 2.57 persons per housing unit was used for the land capacity analysis. Projection of Land for Other Uses – Increasing the size of the UGA to accommodate the projected residential land use needs also requires a corresponding increase to the total land area to accommodate commercial and industrial land uses. The same ratio of area per land use was assumed based upon the previously adopted land use distribution. (See Table 3.8 for the ratio of the various land use categories.) Factors/Assumptions Land Capacity Analysis A factor of 2.57 persons per housing unit was used based upon historic trends. The target percentages of 83% for single family dwellings and 17% for multi- family dwellings was based on historic census information for the East Wenatchee UGA. The residential low density land use category allows up to 8 dwelling units per acre. The medium density multi-family designation allows up to 15 dwelling units per acre and the high density multi-family designation allows up to 24 dwelling units per acre. Since achieving those densities depends upon many factors, this analysis uses a lesser assumed density. The assumed average density of 4 dwelling units per acre was used for single family housing units and 12 dwelling units per acre was used for multi-family housing units. These factors were agreed upon by the East Wenatchee Planning Commission and the Douglas County Regional Planning Commission in August 2003. These assumed densities are net densities since an additional factor accounts for land needed for roads, public or non-residential uses, and utilities. Land for public purposes includes future roads, utility corridors, parks and other non-residential land uses. A Roads and Public Uses factor of 25% was added to the land needs. A market factor of 25% was added to the land needs to account for land that for some reason will not be available for development during the planning period. The 25% figure was agreed upon by the East Wenatchee Planning Commission and the Douglas County Regional Planning Commission in August 2003. Maintain the ratio of commercial and industrial lands within the UGA. It should be noted that the open space, recreational, and other public and quasi-public land uses are permitted within the various land use designations and have not been designated specifically for a particular parcel of land. Analysis The table below converts the projected population growth to a total for needed housing units based upon the factors and assumptions listed above.
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Table 3.4 Projected Housing Units Needed: 2035 Population 36,175 2010 Population 26,221 Projected Pop Growth 9,954 Av. Persons/Housing Unit 2.57 Housing Units Needed (9,954/2.57) 3,873
The table below shows the breakdown, by housing unit type, for the housing units needed to accommodate the projected growth and converts the need to an acreage calculation based upon the factors and assumptions listed above. Table 3.5 Projected Net Residential Acres of Land Needed: SF MF Ratio of Total Number of Housing Units 83% 17% Units Needed by Type 3,215 658 Average Assumed Density (DU/Acre) 4 12 Acres Needed 804 55
Conclusion
The results of the land capacity analysis determined that the existing UGA was deficient and needsneeded to be expanded to accommodate the projected population growth. The results of the Land Capacity Analysis are shown in Table 3.6. The UGA was expanded in 2015 based upon that analysis.
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Table 3.6 – Land Capacity Analysis and Summary Table UGA Expansion Area Residential Land Capacity Analysis A B C D E F G H I J K L Land for Gross Existing Net Vacant DU Market Net Lots Net DU ROW Sub- Market Sub- Acres Vacant Acres RL Needed Factor Available Needed & Total Factor Total Neede R-L Lots Needed Land Public d Uses 4 -25% B-C A-D 25% F+G 25% H+I J-K DU/AC
3,215 400 100 300 2,915 729 182 911 228 1,139 923 216 Single Family Housing Units
Land *Multi- **Target Target for Gross Vacan Family Net Acres Market Gross Ratio of Acreage DU ROW & Subtotal AC t Housing Needed at Factor Acreage 17% MF Expansio Needed Public B + C Needed Multi- 12 DU/AC 25% Needed Housing n Units Uses D + E Family Units Area 25%
658 55 14 69 17 86 181 -95 336 241
*Density calculations considered 50% of the Mixed Use and Waterfront Mixed Use designation as available for multi-family development. **Currently, the single family designation accounts for 89% of residentially designated properties without the mixed use designations. Including the mixed use designations that brings the percentage down to 86%. The target ratio of single family to multi-family is 83% single family and 17% multi-family. This requires an increase in the multi-family designation to offset the addition to the single family designation to achieve this target ratio. This is an
important factor since single family homes are permitted in the multi-family designation but multi-family is not permitted in the single family designation.
Table 3.7 Summary Table UGA Expansion Area Critical Areas Needed Proposed Total Plan Designation & Acreage Acres Net Acres Non-Vacant Residential Low Density 216 373 51 322 Medium Density Residential 241 172 9 163 Mixed Use 86 20 66 Light Commercial 63 72 0 72 Total 520 703 81 622
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LAND USE DESIGNATIONS WITHIN THE URBAN GROWTH AREA Table 3.8 Acreage by Designation % of Total Zone Description Acres Acres CBD Central Business District 242 2.80% C‐L Light Commercial 76 0.88% CN Neighborhood Commercial 12 0.14% G‐C General Commercial 401 4.64% I‐G General Industrial 570 6.60% MU Mixed Use 148 1.71% R‐H Residential High Density/Office 233 2.70% R‐L Residential Low Density 6,021 69.66% R‐M Residential Medium Density 551 6.38% WMU‐N Waterfront Mixed Use‐North Bridge 183 2.12% WMU‐U Waterfront Mixed Use‐Uptown 168 1.94% WMU‐D Waterfront Mixed Use‐Downtown 37 0.43% Total Acres 8,643 Note: The acreages in the table above include streets. RESIDENTIAL The quality and integrity of residential neighborhoods defines the character of the community. Ensuring that these neighborhoods remain stable and vital is of primary importance. To meet the goals of the Growth Management Act, the Land Use Plan, and the Housing Plan, several residential land use density types have been established. Low Residential It is envisioned that this designation would permit a range of housing options and densities to provide areas desirable for single-family residential use. The primary and preferred land use is residential. The use of innovative housing techniques such as attached single family, zero-lot line housing, averaging lots sizes, and other alternates should be encouraged infilling and variety of housing types and densities. In order for these techniques to be used in a manner that protects the integrity of the surrounding properties, there must be mechanisms to ensure neighborhood compatibility and good design quality. Urban governmental services and infrastructure must be available at the time of development or there must be a plan in place, with funding, to insureensure that a full range of urban governmental services is available to serve the development within the planning period. To ensure that land development patterns provide urban densities, mechanisms such as minimum densities, maximum setbacks, and other regulatory tools may be necessary in areas where these urban services are planned for but are not yet available. Residential densities allowed in the low residential land use category should be up to 8 dwelling units per acre or up to 10 dwelling units per acre if developed adjacent to ______Greater East Wenatchee Area Comprehensive Plan – Draft Amendment 3-5-2021 Page 10 of 72 ATTACHMENT C
commercial or mixed uses designations or as part of an infill project. Future development within the UGA is expected to attain a target average density of at least 4 dwelling units per acre. Medium Residential The Medium Residential designation is intended to provide areas suitable and desirable for residential use accommodating multi-family and medium density single-family opportunities. Mixed residential and professional office or residential and retail can also be accommodated in this district adjacent to commercial designations. Urban governmental services and infrastructure must be available at the time of development or there must be a plan in place, with funding, to insureensure that a full range of urban governmental services is available to serve the development. Multi-family designations should be applied in areas along existing or planned arterial/collector transportation corridors, or areas in proximity or within walking distance of commercial nodes. The multi-family designation may provide a transition from low density residential to higher intensity residential and commercial uses. Multi-family areas should be accompanied by open spaces, and transit linkage in order to make these densities viable and compatible with the community. Design standards should be applied during the development phase of the projects to ensure that multi-family development is compatible with existing and surrounding neighborhoods. Residential densities allowed in the medium residential land use category should be up to 15 20 dwelling units per acre with a target density of at least 12 dwelling units per acre. Residential High/Office The Residential High/Office designation is a land use category that would allow a range of housing choices and a limited range of office style commercial opportunities for low intensity personal and professional services. This district is a transition designation providing a buffer between lower density land uses and higher intensity uses such as between residential and commercial uses or areas along major transportation routes where the intensity of activities on adjacent land make it less attractive for low density residential uses. Urban governmental services and infrastructure must be available at the time of development or there must be a plan in place, with funding, to insureensure that a full range of urban governmental services is available to serve the development. The Residential High/Office designation should be applied in areas along existing or planned arterial/collector transportation corridors and areas adjacent to commercial nodes. Development of this land use type should adhere to design standards to achieve compatible scale and design to enhance the livability and appearance of the community. These projects should be configured to be transit-oriented, pedestrian friendly, and provide affordable housing. This land use designation is also intended to provide a location for low intensity office space.
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Residential densities allowed in the Residential High/Office land use category should be up to 24 30 dwelling units per acre with a target density of at least 8 12 dwelling units per acre. COMMERCIAL The commercial center of a community serves as the major economic and employment sector. Commercial properties provide goods and services to the community to satisfy the needs of existing and future residents and visitors. These commercial centers provide revenue to the community in taxes collected on goods and services, increased property values, as well as wages. In preparing for updates to the comprehensive plan, the planning commissions from the city and county used an active citizen involvement process with a visioning process and neighborhood meetings. The Community Vision project completed in 2002 resulted in the development of a community vision statement providing direction for planning in the Greater East Wenatchee area as well as the remainder of Douglas County. Some of the components of that vision are particularly relevant to the discussion of commercial land uses. The Community Vision stressed: Growth in employment and living wage jobs Encouraging tourism and recreation opportunities Recognizing East Wenatchee as the urban center of the Greater East Wenatchee Area Improving transportation systems including pedestrian facilities to better serve commercial areas Providing street trees and creating “gateways” to the community. In 2004, the city and county planning commissions participated in a series of neighborhood planning meetings with residents and property owners in the Greater East Wenatchee Urban Area. The purpose of that series of meetings was to find out what the residents wanted to see in their neighborhoods and the community in the next 20 years. Many consistent comments were received regarding commercial properties including: More attractive commercial areas, more landscaping Development of the riverfront with hotels, restaurants, and a marina Limiting big box stores More neighborhood commercial areas such as mini marts to serve residential areas Better commercial planning – more defined commercial areas Expansion of the commercial areas Based upon the Vision, the comprehensive plan should ensure that commercial properties are developed with quality designs that reflect the vision of the community
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and in a manner that is compatible with surrounding residential and commercial land uses. The goals and policies in this chapter address the community’s vision for these commercial areas. DESIGNATED COMMERCIAL AREAS Revisions adopted in the 2005 comprehensive plan amendment process resulted in the city and county adopting the same commercial land use designations and the same development regulations for properties within the UGA. The intent of the commercial designations varies in type and intensity in order to achieve the overall community vision. All of these designations should be sited according to the goals, policies and design criteria set forth in this section. The expansion of the UGA must provide additional locations for commercial development. Several areas were identified as being feasible for commercial development. Existing commercial land use options may not be suitable for these new areas due to existing neighboring land uses and other factors. Additional commercial land use options will be explored by the city and county to better meet the needs of the community and these expansion areas. Table 3.8 provides the area calculations for the existing commercial designations. Since the Mixed Use designations stress a strong residential component, it is anticipated that they will contribute to the commercial and residential land base. Central Business District (CBD) The Central Business District generally follows a north to south direction as it follows Valley Mall Parkway and a west to east direction as it follows Grant Road. To ensure commercial development is compatible with surrounding uses and the general character of the community, design criteria has been developed that promotes street trees along major corridors, and stresses architectural and landscaping design to create pleasant and attractive developments. New development should be designed to be transit oriented, pedestrian friendly, and provide open spaces. Within the CBD there are existing land uses that are not permitted under the existing zoning regulations for that district. The CBD designation should be analyzed periodically during the development of the zoning districts regulations to determine the appropriate land uses for various locations. In the future, it may be appropriate to separate this district into smaller sub-districts to better address the particular land uses that currently exist and to insureensure that existing and proposed land uses are compatible. This analysis should also evaluate the infrastructure existing and planned for those areas with regards to the needs of the particular land uses. General Commercial (GC) The General Commercial designation permits a greater range of commercial uses than those allowed in the CBD designation. Additional uses may include mini-storage, light warehousing, or other non-retail uses in addition to a full range of retail uses. The intent of this designation is to allow commercial uses that will create varied job opportunities and provide services to the community that are not strictly retail in nature.
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Although pedestrian access is stressed throughout this plan, the general commercial designation is expected to be more automobile oriented than the CBD designation. Design criteria for commercial and industrial land development in this designation should be similar to the CBD but with less reliance on pedestrian access. Neighborhood Commercial (NC) The purpose of the Neighborhood Commercial designation is to provide convenient commercial facilities for those residential areas that do not have easy access to the Central Business District. This commercial designation is intended to form at nodes as neighborhood retail and activity centers that provide a contrast to the typical linear orientation of commercial strips. These commercial centers are focal points for the neighborhood with low-intensity, small-scale retail sales and services that cater to the surrounding neighborhood. There should also be provisions for residential uses. These neighborhood centers are best located in areas where there is a residential neighborhood within walking distance for the residents. These districts have regulatory provisions for site size, building height, and bulk of structures to insureensure that they are neighborhood oriented. Standards also include landscaping and buffering methods to protect and preserve the residential character of adjacent homes and apartments. Facilities must be provided for bicyclists, pedestrians, and vehicular access. There should also be transit access considerations, where possible. The following guidelines must be used when considering a site for Neighborhood Commercial designation. a) Site size should be no larger than 5 acres, excluding right-or-way, and situated to have minimal impact on surrounding residential areas; b) Sites should be located in residential areas that are at least one mile from the Central Business District or General Commercial designation and one half mile from any other site designated Neighborhood Commercial; c) These sites will be located on either a collector or arterial street and oriented to face that street. However, access to the site may be from a local access street if sight distance or traffic impacts warrant it; d) Structures should generally be designed at a pedestrian-scale (two stories or less) and promote pedestrian activity while providing facilities for local automobile traffic; e) 100% of the total gross floor area of the ground floor of all structures must be used for commercial purposes, residences may be permitted on the upper stories, and f) Shared parking between adjacent uses will be by written agreement. Parking will be designed and located so as to enhance pedestrian activity. There are four Neighborhood Commercial sites designated within the UGA. A 2.7 acre area site is located on State Route 28 north of 33rd St. NW. A 2 acre site is located at the intersection of Kentucky Ave. and Grant Rd. A 2.7 acre site located at the intersection of Fancher Field Road and Gun Club Road. A 1.57 acre site at the intersection of Sunset Highway and 29th Street NW. ______Greater East Wenatchee Area Comprehensive Plan – Draft Amendment 3-5-2021 Page 14 of 72 ATTACHMENT C
Commercial Low Density (C-L) The UGA expansion in 2015 presented an opportunity to establish additional commercial land designations to provide greater flexibility for those areas. The GMA stresses providing livable, walkable communities both to increase the activity level of residents and to reduce greenhouse gas emissions by providing commercial centers in close proximity to residential areas. With the exception of the Neighborhood Commercial and Mixed-Use designations, the existing commercial land use districts are more automobile oriented. A new low density or limited intensity commercial designation was developed for use within the expansion of the urban growth area and for potential use within the existing UGA. New commercial development within the UGA along Grant Road at Nile Ave was established. The City and County’s 2013 work to study the UGA expansion characterized this area as being designed to be integral to the residential character of the surrounding area, constructed alongside a mixed-use and multi-family development concept to provide a transition to surrounding single family neighborhoods. The Grant Rd/Nile Ave commercial district comprises approximately 70 acres and is intended to mature into a community-serving commercial and mixed-use district, serving the needs of the immediate neighborhood and the entire community. This designation is applied in the hope that it will stimulate more intense residential and mixed-use development adjacent to it, creating a dynamic and walkable urban environment that is robust and convenient to residents of eastern East Wenatchee. Mixed-Use To increase the variety of development opportunities, two types of mixed-use commercial areas have been designated. The Waterfront Mixed Use designation takes advantage of the proximity to the Columbia River, and the General Mixed-Use designation is located on upland areas that do not have specific shoreline influences. These mixed-use designations allow a mixture of uses including moderate density residential, recreational, and commercial activities where people can enjoy shopping, working, and living in the same area. People appreciate variety in housing, shopping, recreation, transportation, and employment. This type of compact development can reduce traffic congestion and benefit public health by promoting a pedestrian atmosphere, enhancing the general viability of the community. Integrating different land uses and varied building types with a strong residential component is intended to create a vibrant and diverse community as an alternative to the traditional “9 to 5” commercial zones where activities are centered on the workplace. Mixed uses at a smaller scale may also be permitted in commercial and multifamily residential designations, making a transition between commercial and single-family uses or providing for a retail street edge along the community’s arterials. The following guiding principles should be used when designating the Mixed-Use areas and implementing them through the adoption of development regulations: a) Development should be by master plan to ensure an integrated design. b) Allow for select commercial uses, recreation, and residential development in a way that serves the needs of the neighborhood and the community.
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c) Residential uses are encouraged to be integrated as a component in all development projects and should target a density of 15 dwelling units per acre. Single-family detached dwelling styles are discouraged. d) Encourage a variety of housing options within this designation including residences above commercial uses. e) Provide for a type, configuration, and density of development that will entice pedestrian shoppers to frequent the area, encourage pedestrian traffic between businesses, provide access to transit, and stress less reliance on motor vehicles. f) The mixed use designation is not intended for automobile oriented or businesses that rely on outdoor storage or display of merchandise. g) InsureEnsure compatibility of mixed use developments with the surrounding properties, minimize any off-site impacts associated with development with requirements for buffering, landscaping, compatible scale and design to ensure that proposed projects enhance the livability of the proposal and integrate with existing residences in this designation. h) Multiple buildings on a single site should be designed to create a strong visual relationship between or among the buildings. i) Development should take into account the relationship of adjacent buildings in terms of height, materials, scale, and architecture. The goal is to achieve attractive structures and preserve significant views. j) Promote design which will increase opportunities for activities both within the project boundaries and between existing adjacent developments and neighborhoods. k) Relate the size, character, and siting of proposed buildings to create a design that requires businesses or other activities to front a central or common court or plaza at ground level to provide a human scale to the development. Avoid siting parking areas along street frontages and within shoreline areas. l) Encourage the design of multi-use facilities to accommodate retail and other commercial uses at the pedestrian level. m) To facilitate development of commercial uses in conjunction with residential, all development should provide at least 50% of the gross floor area of the ground floor for commercial purposes. n) Buildings should be designed and located to complement and preserve existing buildings, streets and paths, bridges, and other elements of the built environment. Particular care should be given to building materials (color and texture), setbacks, building heights and roof lines, and overall proportions. o) The mixed-use designation should be established in locations where an orientation to walkable communities is desired.
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General Mixed Use The designation of General Mixed-Use was originally designed for a 60-acre area located across from the Kirby Billingsley Hydro Park between SR 28 and Rock Island Road from S. Jarvis to Lyle Avenue. This designation was anticipated to develop into a mixture of residential and commercial land uses to provide an integrated community that would attract a variety of business activities and residential styles. The expansion of the UGA provided a great opportunity to expand this type of designation to allow the development of commercial and recreational facilities to serve the urbanizing area in the 10th Street NE corridor. A new general mixed-use designation was applied to 88 acres of a larger site north of 10th Street NE between Kentucky Avenue and the alignment of Nevada Avenue. The City and County utilized the assistance of a design architect during the development of the original designation and criteria for the mixed-use areas near Kirby Billingsley Hydro Park and the Waterfront Mixed-Use area. To implement the mixed-use concept in different locations, the City and County used the following criteria: a) Building heights in relation to the airport protection areas; b) Increased sound insulation for properties within the airport noise control area; c) Design for an integrated transportation network to insureensure that the carrying capacity and efficiency of major freight and mobility routes are not adversely impacted; d) Ensure that transportation system plans provide for pedestrian and public transportation options; e) Develop strategies to insureensure that adjacent low-density development is provided with adequate buffers and screening to preserve their neighborhood character, f) Provide for a variety of land uses to establish a mixed-use pattern that enhances the existing character of the surrounding area. g) This designation should be provided to properties of sufficient size to accommodate the mixture of uses and the master plan approach to development. It is recommended that these sites be a minimum of 10 acres in size. h) Urban governmental services and infrastructure must be available at the time of development or there must be a plan in place, with funding, to insureensure that a full range of urban governmental services is available to serve the development. Waterfront Mixed-Use This designation is intended to take advantage of the shoreline area that makes up the western boundary of the East Wenatchee Urban Area. This designation is intended to provide a mixture of residential, recreational, and commercial land use opportunities that can enhance the shoreline area and would benefit from access to the Apple Capital Loop Trail. Although much of the shoreline in this designation is currently publicly owned, this area could develop water-related and water-dependent uses such as marinas and water parks. ______Greater East Wenatchee Area Comprehensive Plan – Draft Amendment 3-5-2021 Page 17 of 72 ATTACHMENT C
Five areas are designated for Waterfront Mixed Use: Between SR 28 and the Columbia River north and south of the Odabashian Bridge Between 14th St. NW and 19th Street NW from SR 28 to the Columbia River Between NW Cascade Avenue and the Columbia River south of Bellevue St. SW Between SR 28 and the Columbia River south of the George Sellar Bridge At the intersection of NW Empire Avenue and 27th Street NW. In addition to the general principles outlined above, the following guiding principles should be used when designating the Waterfront Mixed-Use designation and implementing that designation with the adoption of development regulations: a) Allow for select commercial uses and residential development in a way that serves the needs of the neighborhood and the community and enhances the appearance of the shoreline; b) Developments in this designation should be designed to take advantage of site conditions and shoreline views; c) Visual and physical access to the waterfront, for residents of developments and general public should be incorporated as a design feature in developments within this land use designation; d) Due to the proximity of the shoreline and existing residential buildings, structures in this designation should be smaller in scale (height and footprint) than those allowed in other commercial designations; e) Allow recreational uses that complement water-related and water-dependent uses such as marinas and water parks. Adoption by Reference. Shoreline Master Program - Douglas County and the City of East Wenatchee, under the authority of the Shoreline Management Act of 1971, as amended, adopted a Shoreline Master Program in 2009 and 2010, respectively. The Douglas County Regional Shoreline Master Program serves as a guide for the use and development of the shoreline under the statutory authority of the Shoreline Management Act. In accordance with the Growth Management Act, Master Program goals and policies are to be integrated and incorporated into local comprehensive plans. All goals and policies of the Shoreline Master Program are hereby adopted and incorporated into this Plan by this reference The Master Program works in conjunction with the Comprehensive Plan. By adopting the goals and policies by reference, it is the city’s and county’s intent to integrate the shoreline management planning process with its comprehensive plan without the need to create a separate Shoreline Management Element.
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COMMERCIAL --- GOALS AND POLICIES GOALS: 1. Provide sufficient commercial land that is properly sited to take advantage of existing utility and public service infrastructure and the transportation network to ensure growth of the local business community. 2. Create commercial districts that are safe, attractive, pedestrian friendly, and transit oriented. 3. Establish commercial areas that accommodate a variety of land use activities to support a diverse and stable economic base while maintaining the quality of life in the community and the natural environment. 4. Provide an opportunity for mixed-use areas in locations where residential and commercial land uses can develop in a manner that is complimentary to neighboring properties and/or will establish and sustain unique character areas for individual neighborhoods. POLICIES: C-1. Promote development of commercial activities in attractive nodes or clusters and prohibit the linear expansion of commercial development. C-2. Commercial development should provide well designed buffer areas to insureensure that the land use is complimentary and compatible with adjacent land uses. C-3 Adopt consistent design standards for development in commercial districts to insureensure that proposed uses are complimentary and compatible with adjacent land uses. The standards should address landscaping, pedestrian access, vehicular access, traffic control, signage and other amenities ensuring that commercial uses will enhance and contribute to the natural attractiveness of the community. C-4 Adopt standards for commercial development adjacent to shorelines to ensure that visual and physical access to the shorelines is preserved. C-5 Commercial development proposals located adjacent to major arterials and highways should incorporate shared access and parking to reduce the number of driveways intersecting with these major transportation corridors. Develop access management strategies for such development. C-6 Establish sites for a mixed-use commercial classification where it is appropriate to develop a mix of commercial, recreational, and residential land uses that can co-exist. C-7 Promote appropriately buffered multi-family residential and office development compatible with existing and potential commercial activities. Such uses should be permitted as transition between high-intensity uses (e.g. commercial) and low- intensity uses (e.g. single-family residential).
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C-8 Require interior and perimeter landscaping which will provide an attractive entrance environment for commercial development, soften parking lots, provide shade, and screen unsightly areas. C-9 Designate neighborhood commercial districts which provide services to the immediate neighborhoods and establish standards for these commercial areas to insureensure that they are designed and developed in a manner that is compatible with the surrounding residential areas. C-10 Develop standards for off-street parking to insureensure that parking is adequate for diverse commercial needs. Encourage public/private partnerships in the provision of parking facilities. C-11 Encourage and promote infill development and redevelopment efforts to revitalize and support established commercial areas. C-12 Design and create transportation systems which will improve the accessibility to commercial establishments for pedestrians, and transit as well as automobile travel. C-13 Expand commercial uses adjacent to existing similarly developed areas. C-14 Promote the extension of utilities, public facilities, and services to support commercial areas. Foster interagency cooperation and coordination in the extension and upgrading of infrastructure and facilities to support commercial areas. C-15 Development of commercial uses shall only occur if a full-range of urban services is available to support the development. C-16 If the property is located outside of the service district boundary of a utility, annexation into the service district must occur prior to development of the property. C-17 Development of commercial uses within any of the protection zones identified in conjunction with Pangborn Memorial Airport must consider the proximity to the airport and will be required to comply with any height limitations, density restrictions, and should consider additional sound insulation in consideration of noise from the airport operations and overhead flights. C-18 The City and County should conduct further studies of the mixed-use classifications: To determine suitable designation locations and implementation strategies for potential locations considering the unique attributes of the property to insureensure that development of these properties enhances the general character of the neighborhoods within which they are located and the general community; To further refine the standards applicable to these classifications to facilitate the development of these properties in compliance with the purpose and intent of these districts
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To establish specific standards to guide and regulate smaller scale mixed-use development in commercial and multi-family residential designations. C-19 The North Bridge Waterfront Mixed Use Area between SR28 and the Columbia River north and south of the Odabashian Bridge shall be designated as a Master Planned Development Overlay Zoning District and master planned developments shall be encouraged. It is anticipated that Master Plans may be conceptual in nature and may include alternative development scenarios, provided that: a) Approved master plans may include land uses not otherwise permitted in the General Commercial and the Waterfront Mixed Use zoning districts such as higher density residential developments, professional offices, and/or a regional hospital and medical facilities in a campus-like setting; b) Approved Master Plan(s) and/or related Development Agreements may specify development standards that do not conform to the requirements of the underlying zoning district, including but not limited to: building height, parking requirements, signage requirements, lot coverage, and setbacks; c) Existing buffer requirements may be modified in order to provide greater protection to neighboring property owners and to promote more compatible land uses. This may include lower intensity development proposals such as senior housing, assisted living, and/or professional offices in a business park setting provided that there is a finding that adequate standards have been established for building height, setbacks, and landscaping to effectively buffer the neighboring residential properties; d) The development scenarios must include provisions for the phased implementation of private development plans and the required supporting infrastructure. It is the intent of these comprehensive plan policies to maximize the development potential of vacant and underutilized property in the North Bridge Commercial Area. This may include, but is not limited to: a) Preparing an access management plan in consultation with WSDOT and affected property owners to guide the design and construction of future road improvements necessary to serve the North Bridge Commercial Area; b) Preparing and implementing, in consultation with the Douglas County Sewer District and affected property owners, a strategy to extend sanitary sewer service throughout the North Bridge Commercial Area; c) Conducting an environmental review of proposed master plans in order to identify potential adverse impacts and to develop appropriate mitigation strategies that will facilitate the permitting of site specific development proposals;
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d) Acquiring surplus public property and/or securing long term public access to the Columbia River; e) Preparation of a financing strategy that provides for the timely construction of public improvements necessary to serve new development in the North Bridge Commercial Area and that equitably allocates the costs among benefiting property owners; f) Executing a development agreement to establish the development standards to govern future development activities; and/or g) The addition of parcels adjacent to this or other portions of the East Wenatchee Urban Growth Area to offset the use of property within the North Bridge Commercial Area for Essential Public Facilities. C-20 The General Commercial area designated on the upper bench area, east of Empire Street, west of State Route 28 (Sunset Highway) and north of 35th Street NE is intended to develop as a master planned project. a) A total of 80 acres is designated for this general commercial district. Along the southern perimeter of the site a transition area would incorporate landscaping and open space consistent with the North End Master Site (Subarea) Plan. The purpose of the transition area is to buffer this commercial area from the less intensive development surrounding the area. b) Design features for the master plan for projects in this General Commercial area would include landscaping, transition buffer, linkages to the trail system, open space, design consistency between adjacent buildings, establishment of an interior road network, and orientation of buildings for access from the interior road system. c) Direct access to the SR 28 by individual uses would be prohibited. C-21 The City and County should establish additional commercial land use designations that are not auto-dependent to provide for more flexibility for low intensity commercial activities in closer proximity to residential areas where it is appropriate to permit commercial uses on larger sites than would be permitted under the Neighborhood Commercial designation. C-22 Design and construction of development in or near shoreline areas must be consistent with the Douglas County Regional Shoreline Master Program. INDUSTRIAL Like commercial lands, industrial lands within the Greater East Wenatchee Area are in great need. There is a total of 570 acres allocated for industrial purposes inside the urban growth area. The industrially designated land uses are currently not served by a full range of urban services. Major water system improvements have been completed providing domestic water and fire-flow to the industrial area. However, public sewer service is not available to the area.
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The Baker Flats Industrial area is located along SR2/97 and west of the Douglas County 115 KV Transmission Line. It exhibits some topographical changes, sloping from east to west. The basalt cliffs serve as its eastern boundary. This site consists of some industrial activities, orchards, and unimproved properties. This site makes an ideal location for industrial activities due to its proximity to a major highway system, availability of domestic water and location to service centers. In addition, the area is buffered on three sides by topographical features. Factors considered ranged for the location of major orchards and agricultural activities to the north (Bray's Landing, Bridgeport, Chelan, and the Okanogan Valley), lack of appropriately zoned industrial properties and the need to preserve other prime agricultural lands. This site should be developed as an industrial park. Design features should include provisions for perimeter landscaping with a buffer strip adjacent to SR 2/97 and other land uses. The buffer strip consists of a berm measuring a minimum of 30 feet wide, 10 feet high, and landscaped with trees, shrubs, and ground cover. Additionally, an interim 100- foot buffer will be required adjacent to designated agricultural uses, incumbent upon the industrial user. Access from SR 2/97 is limited with connection to interior roadways. Ingress and egress along the designated industrial area is limited to the interior roadway which connects to SR 28 in at a new roundabout that was constructed to improve access. Special site plan approval is required for all uses to ensure proper linkages to the internal road network, intersection improvement, extensions to existing roadways, adequate parking, landscaping, protection of sensitive area, and continuity in overall project design. INDUSTRIAL --- GOALS AND POLICIES GOAL: Promote industrial development which contributes to economic diversification, growth and stability of the community without degrading its natural systems or residential living environment. POLICIES: I-1 Encourage the continued development of light industries that are agriculturally related. I-2 Encourage industrial development to locate in industrial/business park areas adjacent to major street arterials, preferably on lands not suited for residential uses or agricultural uses. I-3 Encourage variety and innovative design in industrial site development and encourage an attractive and high-quality environment for industrial activities through good landscaping, parking and building design where land uses of distinct character or intensity adjoin. I-4 Actively support economic development measures that serve to revitalize and promote the growth of existing industrial locations. I-5 Encourage air related industries and nonconflicting light industries in the Pangborn Industrial Service Area. I-6 Encourage, whenever possible, the extension of support facilities and services for industrial activity. ______Greater East Wenatchee Area Comprehensive Plan – Draft Amendment 3-5-2021 Page 23 of 72 ATTACHMENT C
I-7 Potential impacts on nearby properties and public facilities and services shall be identified and mitigated when evaluating industrial development proposals. PROPERTY RIGHTS – GOAL AND POLICIES The following goal and policies recognize the importance of protecting property rights. GOAL: Protect property rights from arbitrary and discriminatory actions. POLICIES: PR-1 Ensure all proposed regulatory or administrative actions do not result in an unconstitutional taking of private property, in accordance with RCW 36.70A.370. PR-2 Procedures for avoiding takings, such as variances or exemptions, should be maintained in the city and county regulatory scheme. ESSENTIAL PUBLIC FACILITIES The Growth Management Act requires that comprehensive plans include a process for identifying and siting essential public facilities (EPF), as defined in RCW 36.70A.200(1). Essential public facilities include facilities and uses which are usually considered "difficult to site" such as, airports, state education facilities, state or regional transportation facilities, state and local correction facilities, solid waste handling facilities, in-patient facilities, mental health facilities and group homes. The Growth Management Act also states that the siting of such essential facilities may not be precluded from a comprehensive plan or development regulations. The State Office of Financial Management maintains a list of essential state public facilities that are required or are likely to be built within the next six years. The Douglas County Regional Policy Plan includes policies that are guiding principles for local comprehensive plans regarding processes for siting essential public facilities of countywide or statewide significance. Policies and standards must assure that: a) EPF are served by the full range of services necessary to support the use; b) EPF located outside of an urban growth area must be self-contained or are extended services in a manner that does not promote additional development or premature conversion of lands to other uses; c) State-mandated siting criteria be incorporated where applicable; d) EPF are not located on resource lands or critical areas if incompatible. DEFINITION: The definition of essential public facilities shall be consistent with the Douglas County Regional Policy plan and include the following: airports, state education facilities, state or regional transportation facilities, state and local correction facilities, solid waste handling facilities, secure community transition facilities, and in-patient facilities including substance abuse facilities, mental health facilities, group homes and regional transit authority facilities.
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Essential Public Facilities goals, policies and process for their siting are set forth in Chapter 11 of the Douglas County Countywide Comprehensive Plan and are adopted by this reference for use in the Greater East Wenatchee Area Comprehensive Plan. CAPITAL FACILITY PLANNING RELATIONSHIP TO LAND USE – GOAL AND POLICY In accordance with the Growth Management Act, the Land Use Chapter must be coordinated with and consistent with the Capital Facilities Chapter. The purpose of the Capital Facilities Chapter is to ensure that the planning for services and infrastructure matches the demand for those facilities to serve the land uses that are projected to occur in the urban area. GOAL: Coordinate land use planning and capital facility planning with a schedule of capital improvements to meet adopted level of service standards necessary to provide services and infrastructure to support development. POLICIES: 1. As the development occurs, public facilities and services should be provided at reasonable costs, in places and at levels commensurate with planned development intensity and environmental protection, and built to be adequate to serve development without decreasing current service levels below locally established minimum standards 2. If the probable funding for capital improvements falls short of meeting the need for facilities that are determined to be necessary for development, the city and county must reassess the land use element and other elements of the comprehensive plan. The analysis should be scheduled at six-year intervals and should determine if a combination of existing and planned facilities that have secure funding are adequate to maintain or exceed adopted level of service standards. COMPREHENSIVE PLAN LAND USE MAP The Land Use Map illustrates the intended future land use pattern in the Greater East Wenatchee Urban Area. The map is the result of analysis of the previously discussed growth and development concept, existing land use patterns, development trends and desirable growth and development goals.
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Comprehensive Plan Land Use Map
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PANGBORN MEMORIAL AIRPORT Pangborn Memorial Airport serves the counties of Chelan and Douglas, and portions of Okanogan and Grant counties, with a service area extending north to the Canadian border. The Airport provides both general aviation and commercial aviation service. Pangborn is the Wenatchee Valley area’s gateway to the domestic and international aviation system. Formerly known as Pangborn Field, Pangborn Memorial Airport is dedicated to the famous aviator, Clyde Pangborn, who landed at Fancher Field in 1931, to complete the first nonstop transpacific flight. The Airport’s relationship to the national economy and access to air transportation is essential for local residents and the local economy by facilitating faster access to other regions and markets. Pangborn Memorial Airport is designated as an Essential Public Facility. In April 2004 the airport, in conjunction with the Port Districts of Chelan and Douglas Counties, prepared an updated Airport Master Plan. This master plan identifies and plans for the needs of the airport and air service operations for the next 20 years. As the airport continues to grow in its importance to Douglas County and the region; it also grows in its impacts to the surrounding lands. The airport is currently in the process of updating their master plan. The Master Plan recommended that the main runway (Runway 12/30), be extended to improve safety and better serve the airport traffic. This improvement was completed in 2016, resulting in the current runway length of 7,000 feet. The Master Plan also recommended the relocation of Grant Road. That road realignment has been completed. Pangborn Memorial Airport provides a critical link to the North Central Washington Region, state and national transportation system. It provides for the efficient movement of people, goods and services and serves as a commercial, cargo and general aviation airport. The airport is classified as a primary commercial airport within the National Plan of Integrated Airport Systems and as a commercial airport within the Washington State Aviation System Plan. Land Use Compatibility Over the last several decades, airports within the state and across the nation have faced increasing problems with the encroachment of incompatible development. Incompatible development can impact the operating capability of the airport as well as endanger the lives of people in the air and on the ground. As the airport continues to grow in its importance to Douglas County and the region, steps need to be taken to ensure that land use conflicts are minimized to the greatest extent possible. The airport is located less than one mile from the East Wenatchee UGA boundary. Existing land uses adjacent to the airport are predominantly large-lot agricultural with industrial designated lands located to the north, south, and west of the airport. A small part of the UGA is located within Compatibility Zone 3 for the secondary runway and the FAR Part 77 Surface for both runways. The secondary runway is currently closed. Regulations are in place to protect airport operations from incompatible land use. ______Greater East Wenatchee Area Comprehensive Plan – Draft Amendment 3-5-2021 Page 27 of 72 ATTACHMENT C
To ensure that the function and value of the airport is maintained for future generations, several tools have been identified. These tools should be used together with the Airport Master Plan. Additionally, careful consideration should be given to topographical constraints and the natural environment. Height To protect the operating airspace above and surrounding the airport, the State of Washington adopted RCW 14.12 Airport Zoning, which gave local jurisdictions the authority to regulate air space hazards. Air space hazards may endanger the lives and property of users of the airport and of occupants of land in its vicinity. Obstructions may also reduce the size of the area available for the landing, taking-off and maneuvering of aircraft, thus tending to impair the utility of the airport and the public investment. The Federal Aviation Administration (FAA) has established Federal Aviation Regulations (FAR) Parts 77 Imaginary Surfaces. Development activity that encroaches into the Part 77 surfaces may pose a hazard to navigation and reduce the size of the area available for landing, taking-off, and maneuvering of aircraft, thereby increasing the potential for an accident. If development activity is allowed that does pose a hazard to navigation, then airport operation will be adversely affected. Figure 1 shows the FAR Parts 77 Imaginary Surfaces. Safety The Airport Compatibility Zones were developed using information sources recommended by the WSDOT Aviation Division. The Airport Compatibility Zones do not encroach into the urban growth boundary.
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Figure 1 Pangborn Memorial Airport Compatibility Protection Zones and FAR Part 77 Surfaces
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Noise is the single most significant “effect” from an airport and airport operations. The best way to ensure compatibility is to reduce the number of people exposed to noise generated by airport operations and to minimize the level of exposure. Figure 2 identifies the noise contours that are expected by the planned level of airport operations. In the areas most affected by noise, 65 dnl or higher, additional precautions should be taken to minimize this impact.
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Figure 2 Pangborn Airport Noise Contours
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PANGBORN MEMORIAL AIRPORT The following goal and policies recognize airports as essential public facilities under the Growth Management Act and are intended to preserve Pangborn Memorial Airport. The airport is located outside the East Wenatchee urban growth boundary; however land uses within the UGA have the potential to impact and are impacted by airport operations. These policies ensure that the airport can change with the community to meet the needs of the region. GOAL: Provide state and federal system airports with reasonable protection from airspace obstructions, incompatible land uses and nuisance complaints that could restrict operations. POLICIES: LU -1 Ensure that public or private development around existing airports allows the continued use of that facility as an airport. Land within aircraft approach and departure zones will be protected from inappropriate development. LU -2 Preserve the right of airport owners and operators to continue present operations and allow for future air transportation and airport facility needs. It is also important to consider the present and future use of private property and the rights of private property owners. LU -3 Douglas County will notify the airport operator, state and federal aviation agencies, at the time of initial application, of any proposed actions or projects, which would lead to development near an airport that is not compatible with the airport’s operations. The airport operator shall notify Douglas County, and potentially affected citizens, of any proposed operational changes which would have a significant impact on existing land uses. LU -4 Land use proposals, structures, or objects that would interfere with the safe operation of aircraft will be examined for compatibility as defined in CFR Title 14, FAR Part 77 and FAA Terminal Instrument Procedures (TERPS) Chapter 12, and WA 31. The objective is to permit land uses which allow safe aircraft operations as defined in the documents referenced above. LU -5 Enact overlay zoning to protect the airspace around state and federal system airports from airspace obstructions and incompatible land uses within the approach, transitional, horizontal and conical surface zones, where such areas have been established by the FAA.
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CHAPTER 4 HOUSING
INTRODUCTION Every community desires to maintain the character and vitality of its established neighborhoods. An important tool in maintaining the residential character of a community is the adoption of a housing plan. The GMA requires a Housing Element as part of every community’s Comprehensive Plan. The Housing Element is closely tied to the Land Use Element. The Land Use Element designates the proposed general distribution and location of the uses of land and one of the major uses of land is housing. A Housing Element’s purpose is to identify land areas that are suitable for housing. The plan should contain policies regarding population densities, building intensities, and future population growth, which shape the community growth and provide for all economic segments of the population. The Land Use Element of this plan provides for different types of housing, ranging from low to high density. The Land Use Element policies encourage a mix of single family and multi-family development, by providing a diversity of land use designations throughout the planning area. A mix of housing is encouraged through planned developments and through a variety of techniques, which would include provisions for attached single-family units, duplex development, and smaller lot size developments. This housing element provides some data that is specific to the East Wenatchee Urban Area. Except where indicated, the remainder of the information and data provided is based on the larger Wenatchee Market Area or Douglas County. The Greater East Wenatchee Area does not operate as a market within itself and must be viewed in terms of the entire Wenatchee Housing Market area. HOUSING INVENTORY AND CONDITIONS The most current data on housing comes from the 2010 U.S. Census Bureau. Some data was collected for the UGA, however most of the data available is for specific places such as cities, census designated places, counties, and states. Information on the value, sale price, and rental rates is included in the Housing Affordability section of this chapter. Table 4.1 lists the housing by type for Douglas County and the city of East Wenatchee for 2000 and 2010 and the total number of housing units for the UGA for the years 2000 and 2010. Single-family homes and manufactured homes make up 85% of the housing stock in the county and 69% of the housing within the city. Multi-family housing includes all structures with 2 or more units. Multi-family housing makes up 15% of the housing in Douglas County and 31% of the housing in the city.
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Table 4.1 Housing by Type (units per structure) City, County & UGA Municipality Total HU 1 Unit 2+ Units MH/Spec 2000 2010 2000 2010 2000 2010 2000 2010 Douglas County 12,944 15,691 8,364 10,269 1,816 2,277 2,764 3,145 % of Total 65% 65% 14% 15% 21% 20% East Wenatchee-City 2,429 5,133 1,382 3,239 820 1,588 227 306 % of Total 57% 63% 34% 31% 9% 6% East Wenatchee UGA 8,175 10,187 Federal 2010 Census (Some 2000 data was adjusted by the Office of Financial Management) Table 4.1a 2018 Housing by Type – Douglas County & City of East Wenatchee UNITS IN STRUCTURE Douglas County East Wenatchee Total housing units 16,807 Percent 5,256 Percent 1‐unit, detached 11,040 65.7 2,937 55.9 1‐unit, attached 296 1.8 167 3.2 2 units 418 2.5 242 4.6 3 or 4 units 771 4.6 601 11.4 5 to 9 units 461 2.7 341 6.5 10 to 19 units 243 1.4 198 3.8 20 or more units 468 2.8 196 3.7 Mobile home 3,042 18.1 574 10.9 Boat, RV, van, etc. 68 0.4 ‐ 0 ACS 2018 5‐Year Estimates The percentage of multifamily housing types compared to single-family has been decreasing. According to the 2010 Census, 15% of the housing units in Douglas County and 31% of the housing units in East Wenatchee were in buildings with 2 or more units. In 2018, that percentage decreased to 14% for Douglas County and 30% for East Wenatchee. The housing stock within the City tends to be older than in the County. As demonstrated in Table 4.2, housing built before 1990 makes up 77% of the housing stock in the City and 69% of the housing in Douglas Countyafter 2000 makes up 22% of the Douglas County housing stock and only 17% of the City housing stock. By comparison, 67% of the housing stock in the state was built before 1990. Table 4.2 Year Structure Built
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Douglas County East Wenatchee Total housing units 16,807 Percent 5,256 Percent Built 2014 or later 291 1.7 56 1.1 Built 2010 to 2013 479 2.9 162 3.1 Built 2000 to 2009 2,981 17.7 662 12.6 Built 1990 to 1999 3,157 18.8 987 18.8 Built 1980 to 1989 1,958 11.6 744 14.2 Built 1970 to 1979 3,503 20.8 1,161 22.1 Built 1960 to 1969 1,130 6.7 544 10.4 Built 1950 to 1959 1,578 9.4 578 11 Built 1940 to 1949 455 2.7 131 2.5 Built 1939 or earlier 1,275 7.6 231 4.4 Source ACS 2014-2018
East Douglas Washington Wenatchee % County % State % Built 2005 or later 227 4.1% 984 6.2% 177,228 6.2% Built 2000 to 2004 306 5.6% 1,340 8.5% 265,150 9.3% Built 1990 to 1999 739 13.4% 2,600 16.5% 502,879 17.6% Built 1980 to 1989 989 18.0% 2,336 14.8% 406,624 14.2% Built 1970 to 1979 1,560 28.3% 3,721 23.6% 507,651 17.7% Built 1960 to 1969 581 10.6% 1,429 9.1% 289,561 10.1% Built 1950 to 1959 770 14.0% 1,798 11.4% 236,429 8.3% Built 1940 to 1949 227 4.1% 572 3.6% 154,036 5.4% Built 1939 or earlier 104 1.9% 1,007 6.4% 322,427 11.3% Census ACS 2007-11 The growth rate for housing units is slightly higher than the rate for the population increase within the East Wenatchee UGA. The population of the UGA increased between 2000 and 2010 by 23.6%. During that same period the number of housing units increased by 24.6%. That same trend continued through 2012reversed between 2010 and 2020. The estimated population of the UGA increased between by 11% while the number of housing units increased by 9%. (Source OFM Small Areas Calculations) It should be noted that the vacancy rate also increased from 5% to 6% between 2000 and 2012. The East Wenatchee UGA had an lower vacancy rate than the City, County, and the state (See Tables 4.3 and 4.4) Table 4.3 Population, Housing Units, Occupied Housing and Vacancy Rate
Occupied Vacancy East Wenatchee UGA Population HU HU Rate 2000 21,208 8,175 7,751 5% 2010 26,221 10,187 9,640 5%
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Change 2000-2010 23.6% 24.6% 24.4% 2012 26,496 10,312 9,726 6% Change 2010-2012 1.1% 1.2% 0.9% OFM Small Area Estimate Program
Table 4.4 Rental Vacancy Rate 2010 East Wenatchee Douglas County Washington State Vacancy Rate 7% 13% 10% Census ACS 2007-11 Source Douglas County East Wenatchee ACS 2007‐11 13% 7% ACS 2018 5‐Year Estimte 3.1% 2.1% Households by Tenure A “household” is an occupied housing unit. The City has a higher percentage or rental housing than Douglas County, 39.640% compared to 28.130% for Douglas County. That is typical of an urban area since multi-family housing is generally concentrated in urban areas. The rate of renter occupied is still lower than the state average of 35.6%.It should be noted that the percentages have increase slightly since the 2007-11 data for Douglas County were rentals were 28%. The City stayed pretty much the same. Table 4.5 Tenure of Occupied Housing Units Douglas County East Wenatchee Occupied housing units 15,064 Percentage 5,054 Percentage Owner‐occupied 10,505 70% 3,039 60% Renter‐occupied 4,559 30% 2,015 40% ASC 2014-2018 East Douglas Washington Type of Occupancy Wenatchee County State Owner Occupied 60.4% 71.9% 64.4% Renter Occupied 39.6% 28.1% 35.6% Census ACS 2007-11 Low Income Housing The Housing Authority of Chelan County and the City of Wenatchee owns and operates several housing complexes in the UGA that provide housing for farm workers on a long- term and short term basis. Their various properties within the City and the UGA provide 83 units of housing. In addition to the apartments that they own, the Housing Authority operates the HUD Section 8 housing program that provides tenant-based, rental assistance to eligible households residing in privately offered rentals.
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The Chelan-Douglas Community Action Council owns a 32 unit32-unit low-income housing complex in the city. Senior Housing There are a variety of options for seniors within the East Wenatchee UGA. Housing is available that provide levels of care ranging from active seniors who are able to live independently as well as for those that need more care and assistance. There are several large complexes where seniors can move from a level of independent living to a care unit within the same property as their needs change. There are also several smaller assisted living facilities available in private homes. Homeless and Other Special Needs Populations Several group homes and homeless shelters also operate within the UGA. Those facilities are distributed throughout the community. There are a variety of local agencies that provide assistance to the homeless including homeless prevention programs. Many of these activities assist the chronic homeless as well as veterans and other persons with special needs. Community Action Council, Salvation Army, First United Methodist Church, YWCA of Wenatchee, Women’s Resource Center, and Serve Wenatchee Valley provide financial assistance (e.g. rent and mortgage assistance, and help with rental deposits, security deposits, and utility deposits), bus tokens, laundry vouchers, utility payments, and rental counseling. Hospitality House Ministries, Solomon’s Porch (youth), operate homeless shelters and provide meals for persons living on the streets from their facilities in Wenatchee. Lighthouse Christian Ministries operates a homeless shelter in East Wenatchee and provide meals for persons living on the streets from their facility in Wenatchee. The Chelan County Regional Justice Center operates a community recovery program to assist recently released offenders with their transition back to the community. In 2005, the Washington State legislature adopted the Homelessness Housing and Assistance Act (ESSB 2163) which established a fee on documents recorded by the county auditor as a source of funds for local and state programs to address homelessness. Local governments were required to prepare and enact a 10-year Homeless Housing Strategic Plan with a minimum goal of reducing homelessness by 50 percent. The Bill authorized the County Auditor's Office to collect a recording fee and allows a percentage of the funds to be applied locally to complete tasks and contribute toward meeting the goals and objectives identified in the plan. According to the annual homeless counts, the largest portion of the homeless population resides in the city of Wenatchee. Also Mmost of the agencies providing resources and assistance to the homeless are located in the city of Wenatchee.
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After developing The Ten-Year Plan to Reduce Homelessness in Chelan and Douglas Counties in 2005, In 2006, the city of East Wenatchee, Douglas County, Chelan County, and the city of Wenatchee entered into an interlocal cooperation agreement authorizing the city of Wenatchee to administer the funds collected in accordance with ESSB 2163 for all four jurisdictions. . A Homeless Housing Task Force, made up of local agency representatives, meets periodically to update priorities for homeless services and programs and reviews progress made on achieving objectives and activities identified in the plan. The goals, objectives, and activities identified in the plan guide the annual funding allocation. An updated plan was adopted in 2019 - the Chelan Douglas Homeless Housing Strategic Plan. The agreement established a joint collaborative public process for awarding those funds. East Wenatchee and Wenatchee staff work together on funding programs related to ending homelessness using these available funds. A few years ago, the Washington State Department of Commerce changed their housing and assistance programs for the funds that are provided by the State. To address those changes to funding sources and programs, the parties to the previous interlocal cooperation agreement entered into a new agreement to continue to work cooperatively in addressing homelessness and housing needs. The city of Wenatchee continues to administer the programs on behalf of the other participating agencies by awarding the funds on a competitive basis to local homeless service providers using as recommended by the Homeless Housing Task Force a committee made up of representatives from the community and from the local jurisdictions that are partner to the interlocal agreement. HOUSING AFFORDABILITY WAC 365-195-310 requires that the Comprehensive Plan include a definition of "affordable housing." This is difficult to define, since what is affordable for one family can be drastically different from what is affordable for another family. The US Department of Housing and Urban Development (HUD) considers 30% of a family's gross income to be available for mortgage payments or rent, including utility payments. This chapter will use the 30% factor as a definition of “affordable housing”. If the household is paying 30% or less for housing, including utilities, the home is considered affordable. Table 4.6 Median Household Income – 1990 through 2019 1990 2000 2010 2013 Washington State $31,183 $45,776 $54,888 Douglas County $32,200 $38,464 $46,159 $58,700 Greater East Wenatchee Area $29,776 $40,679 $49,701 US Census for 1990, 2000, and 2010. Housing Finance Commission for 2013
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1990 2000 2010 2019 Dougla County $ 28,708 $ 39,789 $ 46,159 $ 57,932 Increase 38% 16% 25% Washington State$ 33,417 $ 44,120 $ 54,888 $ 74,992 Increase 32% 24% 37% Source OFM Table 4.6a Median Household Income 2017-2019 2017 2019 Douglas County$ 54,581 57,932$ Increase 0.06% Source OFM Table 4.7 Median Household Income for Renter and Owner Occupied Housing
Median Annual Household Income Renter Occupied $35,641 Owner Occupied $65,237 Census ACS 2007-11 Owner Occupied Housing: According to the 2000 US Census, the median value of an owner-occupied residence in Douglas County was $133,500 which almost doubled the value from a decade earlier. According to the 2010 Census, the median home price in Douglas County in 2009 was $222,600, a 67% increase from 2000. The Pacific Appraisal’s Snapshot Yearend Report indicated that the average sale price for homes in the Wenatchee Valley Market Area for 2012 November of 2017 was $235,429$290,000. In November of 2019 the price increased to $349,000. That is an increase of 20%. During that same time period, median household income only increased by .06%. The Wenatchee Valley Market includes properties in Chelan County and Douglas County in the Wenatchee/East Wenatchee vicinity. According to the 2014-2018 American Community Survey (ACS) the median value of all owner-occupied housing in Douglas County was $250,800 and in East Wenatchee it was slightly higher at $256,700. Table 4.74.8 illustrates the affordability of the local homeowners: 26.523.5% of homeowners in the City are paying more than 30% of their monthly income for housing. That is slightly less than the 26.5% in the 2007-2011 ACS data. By comparison compared to in the 2007-11 ACS data 34.2% of the Douglas County homeowners and 40.7% of homeowners in the state were paying more than 30% of their income for housing and in the ACS 2014-2018 data that decreased to 26.3%. This trend may partly be a result of the high concentration of older housing stock available in the City as noted in Table 4.2. Table 4.8 Monthly Owner Cost as Percentage of Household Income
East Douglas Washington Households Paying: Wenatchee % County % State % ______Greater East Wenatchee Area Comprehensive Plan – Draft Amendment 3-5-2021 Page 39 of 72 ATTACHMENT C
Less than 20% 836 41.1% 2,263 34.9% 353,355 29.1% 20.0 to 24.9 percent 396 19.5% 1,091 16.8% 198,967 16.4% 25.0 to 29.9 percent 264 13.0% 916 14.1% 168,644 13.9% 30.0 to 34.9 percent 172 8.5% 624 9.6% 129,428 10.7% 35 percent or more 367 18.0% 1,593 24.6% 363,935 30.0% Census ACS 2007-11 Douglas County East Wenatchee Number Percentage Number Percentage Housing units with a mortgage 6614 1987 Less than 20.0 percent 2861 43.3 893 44.9 20.0 to 24.9 percent 1128 17.1 369 18.6 25.0 to 29.9 percent 881 13.3 259 13 30.0 to 34.9 percent 643 9.7 162 8.2 35.0 percent or more 1101 16.6 304 15.3 ACS 2014-2018 Another measure of housing affordability for owner-occupied units is the Washington State Center for Real Estate Research (WCRER) housing affordability index (HAI). The HAI measures the ability of a middle-income family to make mortgage payments on a median priced resale home. The calculation assumes a median priced home, 20% down-payment, a 30-year fixed mortgage and middle income for the area. A typical home is defined as the median-priced single-family home. The typical family is defined as one earning the median family income as reported by the U.S. Census Bureau. This Index assumes that the household is not spending more than 25% of its income on principal and interest payments. When the index is at 100, the household pays exactly this share of its income for principal and interest payments. When the index is above 100 it pays less, and when it is below 100, the household is paying more. During the first quarter of 2020, the housing affordability index for all buyers in Douglas County was 99, decreasing from 99.6 in 2018. By comparison Chelan County was 100.3, decreasing from 107.9 in 2018 and Washington State was 108.9, decreasing from 107.5 since 2018. This comparison demonstrates a negative affordability factor for Douglas County.
Table 4.9 Affordable Home Purchase Limits Based Upon Income Levels
Monthy 2013 Affordable Payment Annual Monthly Housing with Income Grouping Income Income Cost @ 30% Home $ Taxes/Ins 1 Minimum Wage Earner $19,115 $1,593 $478 $75,000 $475 2 Minimum Wage Earners $38,230 $3,186 $956 $140,000 $950 ______Greater East Wenatchee Area Comprehensive Plan – Draft Amendment 3-5-2021 Page 40 of 72 ATTACHMENT C
Low-Income 30-50% of MHI $29,350 $2,446 $734 $100,000 $700 Moderate-Income 50-80% of MHI $46,960 $3,913 $1,174 $125,000 $900 Middle-Income 80-95% of MHI $55,765 $4,647 $1,394 $175,000 $1,175 100% of Median $58,700 $4,892 $1,468 $210,000 $1,450 30 year fixed; 5% Down; 4.5% interest; $250 Monthly Bills Table 4.10 Comparison of Median Household Income to Affordable Housing Costs Affordable Housing Annual Monthly Cost @ Affordable East Wenatchee 2010 Estimates Income Income 30% Home Price Median Household Income $49,701 $4,142 $1,243 $207,941 Renter Occupied MHI $35,641 $2,970 $891 $125,000 Owner Occupied MHI $65,237 $5,436 $1,631 $240,000 30 year fixed; 5% Down; 4.5% interest; $250 Monthly Bills
Table 4.11 Affordability Gap for Homeownership
Median Household Income $ 49,701 Affordable Home Price $ 207,941 Wenatchee Valley 2012 Average Sales Price* $ 235,429 Affordability Gap $ (27,488) *Average Sales Price - Pacific Appraisals Snapshot Year End Report 2012 Table 4.11 above demonstrates that there is a gap between what a median income household can afford to buy and the average sale price of homes in the area. The affordable home price for a median income household is $207,941 while the average home sales price is $235,429. Table 4.8 shows that there is significant difference between the average home price and what a low or moderate income household can afford. Renter Occupied Housing. The 30% of income threshold is used for determining affordability of rental housing as well as home ownership. The median household income for renters is $35,641 which is $2,970 per month. The affordable housing price at 30% would be $891. Table 4.114.12 lists the rental rates for occupied units. More than 17% of the units exceed the affordable rent of $891. As can be seen in Table 4.124.13 below, there are a significant number of renters paying more than 30% for rent: 45.841% of renters in the City and 36% in Douglas County. Table 4.12 Gross Rent East Douglas Washington Wenatchee % County % State % Occupied units paying rent ______Greater East Wenatchee Area Comprehensive Plan – Draft Amendment 3-5-2021 Page 41 of 72 ATTACHMENT C
Less than $200 0 0.0% 43 1.2% 16,442 1.8% $200 TO $299 9 0.5% 97 2.8% 21,459 2.4% $300 TO $499 151 7.6% 378 10.7% 55,997 6.3% $500 TO $749 854 43.0% 1,440 40.8% 180,116 20.2% $750 TO $999 623 31.3% 966 27.4% 240,027 27.0% $1000 TO $1499 293 14.7% 460 13.0% 253,959 28.5% $1500 OR MORE 58 2.9% 142 4.0% 122,108 13.7% Census ACS 2007-11 Douglas County East Wenatchee Number Percentage Number Percentage Occupied units paying rent 3905 1924 Less than $500 419 10.7 163 8.5 $500 to $999 2215 56.7 1217 63.3 $1,000 to $1,499 958 24.5 469 24.4 $1,500 to $1,999 199 5.1 61 3.2 $2,000 to $2,499 27 0.7 14 0.7 $2,500 to $2,999 0 0 0 0 $3,000 or more 87 2.2 0 0 Source ACS 2014-2018
Table 4.13 Gross Rent as Percentage of Household Income East Douglas Washington Wenatchee % County % State % Occupied units paying rent Less than 15% 324 16.4% 634 18.1% 98,160 11.2% 15.0 to 19.0 percent 254 12.8% 487 13.9% 114,952 13.1% 20.0 to 24.9 percent 307 15.5% 490 14.0% 119,313 13.6% 25.0 to 29.9 percent 187 9.4% 288 8.2% 110,799 12.6% 30.0 to 34.9 percent 201 10.1% 358 10.2% 84,486 9.6% 35 percent or more 708 35.7% 1,249 35.6% 350,372 39.9% Census ACS 2007-11 Douglas East County Wenatchee Less than 15.0 percent 16.2 8.1 15.0 to 19.9 percent 13.1 12.8 20.0 to 24.9 percent 19.8 20.1 25.0 to 29.9 percent 14.4 18.1 30.0 to 34.9 percent 6.3 5.9 35.0 percent or more 30.1 35 ______Greater East Wenatchee Area Comprehensive Plan – Draft Amendment 3-5-2021 Page 42 of 72 ATTACHMENT C
Source ACS 2014-2018 Table 4.14 Fair Market Rents – Chelan and Douglas Counties Unit Size 2012 2019 1 Bedroom $ 577 $742 2 Bedroom $ 729 $981 3 Bedroom $ 983 $1,326 4 Bedroom $ 1,132 $1,405 HUD FMR for Chelan Douglas Counties including the East Wenatchee/Wenatchee MSA LAND USE AND HOUSING The Housing Element within the Comprehensive Plan is closely tied to the Land Use Element. The land use element designates the proposed general distribution and location of the uses of land; one of which is housing. Conversely, the Housing Element provides guidance on the types and densities of housing to meet the needs of the community. The inclusion of population densities, building intensities, and estimates for future population growth stated in the land use element solidifies its relationship with the Housing Element. Policies regarding population densities, building intensities, and future population growth estimates all affect what is possible and desirable in terms of housing goals and policies. The Land Use Element provides for a variety of housing types and densities within the residential designations and provides opportunities for mixed-uses where high density housing and commercial uses can co-exist. In keeping with historic trends and to insureensure the availability of housing at varying affordability levels; the land capacity analysis shows an 83% designation for single-family and 17% for multi-family. Policies in the plan recommend densities up tofrom 8 to 10 dwelling units per acre for single- family and a range of up to 15 to 24 30 dwelling units per acre for multi-family and mixed use designations. Policies have also been included to encourage infill development, increased density, and affordable housing to meet the needs of the community. Beyond the connection between land use and housing policies, the Land Use Element ensures that there is adequate land area available to provide for the housing needs related to the twenty year population projection. The availability of land is a crucial factor in housing costs. The Land Use Element projects population growth out to the year 20352040. The Land Capacity Analysis is found in Land Use Chapter of the Greater East Wenatchee Area Comprehensive Plan. Sufficient land has been allocated for a range of housing needs and life styles within the Land Use Element of the Comprehensive Plan. This equilibrium will work as a hedge against high housing costs, and thereby somewhat contain the current housing affordability gap. GOALS AND POLICIES
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The housing goals and policies are an integral part of maintaining the atmosphere and quality of life within the Greater East Wenatchee Area. Policies are designed to foster active neighborhood communities and strengthen existing neighborhoods. . GOALS: 1. To provide for a sufficient number of safe, attractive and affordable residences for people of all income levels. 2. To maintain quality of life in residential neighborhoods by protecting residential properties from excessive noise, visual, air and water pollution. 3. To provide for a variety of housing types and densities to ensure a range of affordable housing options for all segments of the community. 4. To provide opportunities for a mixture of commercial and residential land uses developed in a coordinated and complimentary manner in designated mixed use areas. 5. To insureensure that public facilities and infrastructure are available to support development at urban densities in advance of or concurrent with development. POLICIES H-1 Require residential development at urban densities to locate within urban growth areas consistent with the comprehensive plan. If the property is located outside of the service district boundary of a utility, annexation into the service district must occur prior to development of the property. H-2 Provide flexibility in the development regulations to encourage infill development that is compatible with the character of the existing neighborhood and is adequately served by public facilities and services. H-3 Develop design standards that provide a transition between residential uses and high intensity commercial or industrial developments. H-4 Apply consistent standards in residential development to preserve residential character. H-5 Establish standards and an enforcement process to ensure maintenance of vacant and developed lots in a clean and safe condition. H-6 Require the construction of sound, safe, and sanitary dwelling units. H-7 Use the following criteria for the establishment of residential densities: a. Adjacent to commercial development, residential development should range from 8 15 to 24 30 dwelling units per acre and may include mixed-use type projects. b. Adjacent to the existing single-family districts, densities should range from 8 to 15 20 dwelling units per acre.
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H-8 Provide for multi-family densities near major activity centers, parks, commercial, and business centers, that are adequately serviced by transportation systems and utilities. H-9 Design of development in or near shoreline areas must be consistent with the Shoreline Master Plan. H-10 Provide standards for cluster style development that ensures adequate provisions are made for open space and traffic circulation. H-11 Provide incentives and opportunities for choices of housing types, styles, quantities and innovative design including accessory dwellings and cottage style housing in residential neighborhoods. H-12 Development standards must address efficient transportation networks and multi- modal opportunities for new development requiring the extension of existing streets into and through developments and the provision of sidewalks and trails for non- motorized modes of transportation. H-13 New residential development in the urban growth area must be concurrently served by a full range of urban governmental services. The City and County should designate phasing of development areas not currently served by sanitary sewer. On-site sewage disposal systems are a temporary option that should only be available to properties located within these phasing areas in the UGA when the developer: a) Executes a formal development agreement, recorded and binding upon the property, providing a financial guarantee to pay for the extension of sanitary sewer with the creation of a utility local improvement district or other funding mechanisms; b) Installs “Dry lines” for centralized public collection at the time of development to facilitate eventual connection to sanitary sewer; c) Guarantees connection to the sanitary sewer at the time a main line is extended to service the property by recording a binding agreement on the title of each lot or dwelling unit created requiring sewer connection, at the property owner’s sole expense, when the main line is installed to service the property; and d) Designs and builds the project in a manner that locates the homes and other uses on the property to facilitate infill development when the land area needed for the on-site septic system is no longer necessary; e) Includes a plan to insureensure that sewer service is provided within a reasonable period of time. H-14 Promote the construction of affordable housing to meet the needs of all economic segments of the population by establishing incentives in development standards that will increase the production of low and moderate priced housing by private and public sector housing providers.
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H-15 Encourage and support programs that provide low cost housing for permanent, seasonal, and retirement residents of the area. H-16 Provide flexibility in development regulations to encourage the provision of housing for low- and very – low income households and for special needs populations, such as senior citizens, physically challenged, assisted living facilities, nursing home care, congregate care, emergency shelters, or supervised environments. H-17 Encourage and support the development of residential support uses such as day care facilities throughout the community. H-18 Encourage the rehabilitation of aging housing stock. H-19 Work with other local jurisdictions and housing providers to identify housing needs in the planning area; and develop strategies to provide for those needs. H-20 Provide opportunities and incentives for individual property owners to meet the housing needs of migrant agricultural workers. H-21 Residential development must meet the net density targets of 8 dwelling units per acre for single-family and 12 dwelling units per acre for multi-family. Net density does not include land set aside for public facilities, recreation, or critical areas. H-22 Development of residential uses within any of the protection zones identified in conjunction with Pangborn Memorial Airport must consider the proximity to the airport and will be required to comply with any height limitations and should consider additional insulation from sound from the airport operations and overhead flights. H-23 Develop a program to retrofit existing neighborhoods with the addition of sidewalks and street illumination. H-24 Ensure that new developments provide adequate street illumination. H-25 Adopt zoning, subdivision and design regulations to guide and facilitate development of mixed-use projects adjacent to and within commercial designations. HOUSING ASSISTANCE PROGRAMS There is limited funding available for housing assistance. The existing housing assistance resources in the Wenatchee Valley come from several sources, including the US Department of Housing and Urban Development, and the United States Department of Agriculture. Specifying specific programs in the Greater East Wenatchee Area is difficult because of the fact that some residents are serviced by programs that are region-wide, rural related or not specific to one municipality. Listed below are some housing assistance funding programs. Douglas County Regional Affordable Housing Program Fund Douglas County and the city of East Wenatchee, along with other cities in the county, collect housing assistance funds annually from the recording of documents. This program was established by the state legislature in 2002 with the passage of the Low-
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Income Housing Projects Program (SHB 2060). That program authorizes a $10 surcharge on documents recorded through the County Auditor’s Office for the purpose of providing funds for housing programs for extremely low and very low-income persons. Douglas County and the cities of Bridgeport, Rock Island, Mansfield, Waterville, and East Wenatchee pooled these funds and created the “Douglas County Regional Affordable Housing Program Fund”. The funds are awarded on an a biannual basis or semi-annual basis depending upon the level of funding available. The Douglas County Regional Council is the entity that makes recommendation to the County Commissioners for the award awardsof the funds. This committee Regional Council is made up of the mayors of each city and the three county commissioners. Community Development Block Grant Program The city of East Wenatchee is an entitlement community under Title 1 of the Housing and Community Development Act of 1974 and is eligible to receive Community Development Block Grant (CDBG) Program funds annually from the U.S. Department of Housing and Urban Development (HUD). This eligibility is due to the designation of the Wenatchee area as an urbanized area as a result of the 2000 Census. HUD provides guidance for the use of these funds by establishing three broad goals that entitlement communities must pursue with their allocations: Ensuring that the community’s low- and moderate-income residents have access to decent and affordable housing Ensuring that the community offers suitable living environments Expanding economic opportunities for the community’s low- and moderate- income residents The City completed a Community Development & Housing Consolidated Plan in 2010 2015 that provides the guidance for the use of the funds for a five-year period. Each year an Annual Action Plan is completed allocating the funds for specific projects based upon the goals and objectives contained in the Consolidated Plan. The City annually receives approximately $100,000 per year. A portion of the funds have been allocated for housing assistance programs. However, the majority of the funds have been designated for sidewalk projects in low and moderate incomelow- and moderate-income neighborhoods. The City Council determined that this was the best use of the funds was to improvesince it would improve the living environment in the community’s low and moderate incomelow- and moderate-income neighborhoods. State Housing Programs Washington State Housing Finance Commission The Washington State Housing Finance Commission develops and administers financing programs for affordable housing and cultural/social service facilities through public/private partnerships with lenders, developers, nonprofit organizations and governments. The Commission has five divisions, Home Ownership, Capital Projects, Tax Credit, Compliance & Preservation, and Administration. ______Greater East Wenatchee Area Comprehensive Plan – Draft Amendment 3-5-2021 Page 47 of 72 ATTACHMENT C
WA State Department of Commerce (Commerce) The Commerce housing division invests public resources to create, preserve and enhance safe and affordable housing for Washington residents. The Housing Trust Fund Program provides loans and grants to local governments, nonprofit organizations and public housing organizations for very low income and special housing needs. The department provides rental assistance through its Tenant Based Rental Assistance and Transitional Housing, Operating and Rent programs. Homelessness assistance is provided by the Emergency Shelter Assistance Program in the form of traditional shelters, rent/mortgage assistance to prevent eviction, first month’s rent/deposit assistance to move out of a shelter, landlord mediation and case management services. The Farm Worker Housing Program provides assistance via capital investments for permanent and seasonal housing and emergency assistance for migrant farm workers that are homeless or have been displaced. Tax Exempt Revenue Bonds The State of Washington has granted housing authorities the power to issue taxable and nontaxable bonds to acquire, construct or otherwise develop housing for ownership by the housing authority or to be owned directly by low income individuals or by others on behalf of low income people. Federal Housing Programs USDA Section 502 Guaranteed Housing Loans These loans require no down payment and no monthly mortgage insurance and are loans made by approved mortgage lenders to qualified low and moderate income individuals and families in rural areas. USDA Section 502 Direct Housing Loan This loan program provides very low and low income families with financing to build, purchase, repair, or refinance homes and building sites that meet local codes. USDA Section 502 Mutual Self-Help Housing Loan Program This program is used primarily to help very low- and low- income households construct their own homes. USDA Section 514/516 Farm Labor Housing Program This program provides low- interest loans and grants to public and non profit agencies or to individual farmers to build affordable rental housing for farm workers. USDA Section 515 Rural Rental Housing Program. This program provides loans with interest rates as low as one percent to developers of affordable rural rental housing. USDA Section 521 Rental Assistance Program This program provides subsidies to some tenants in Rural Development rural rental or off-farm labor housing complexes so that they do not pay more than 30 percent of their incomes for rent and utilities. USDA Section 523 Self-Help Technical Assistance Grants This program is provided to non-profit organizations, public bodies, or Tribes who in turn provide technical assistance to low and very low income household to build their own homes via the Mutual Self-Help Housing method.
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USDA Section 538 Rural Rental Housing Guaranteed Loan Program This program guarantees loans to develop affordable rental housing in rural areas. Apartment units in this program are intended for families who earn less than 115 percent of the median income of their areas.
HUD Section 8 Housing Vouchers. With funds from HUD, housing authorities can guarantee landlords Fair Market Rents, while the tenant pays no more than 30% of his or her income.
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CHAPTER 8 TRANSPORTATION
INTRODUCTION The Transportation Element addresses the motorized and non-motorized transportation needs of the Greater East Wenatchee Area. It represents the community's policy regarding projected transportation needs (current and future), location and condition of the existing traffic circulation system; the cause, scope and nature of transportation problems, level of service standards, street classifications and associated transportation problems the Area must address regarding growth in the next 20 years. As specified in the Growth Management Act, new developments will be prohibited unless transportation improvements or strategies to accommodate the impacts of development are made concurrent with the development. Such improvements and strategies must be in place or financially planned for within 6 years of development use. The type and availability of transportation resources are major factors in the development of land use patterns, while conversely, the way land is used greatly influences the need and location for new transportation. The relationship between transportation and land use is one of continuous interaction and their planning must be coordinated. The current land use plan, the future land use map and the transportation element are highly dependent on each other and need to be carefully coordinated. The Wenatchee Valley has a long history of multi-jurisdictional coordination in transportation planning. Since 2001 that relationship has been formalized in the creation of a metropolitan planning organization, the Chelan Douglas Transportation Council (CDTC) – formerly known as the Wenatchee Valley Transportation Council. The CDTC is the region’s Regional Transportation Planning Organization (RTPO) as well as being the Metropolitan Planning Organization. Members of the CDTC include the cities of East Wenatchee, Wenatchee, Leavenworth, Cashmere, Entiat, Rock Island, Chelan, Bridgeport, Mansfield, and Waterville, Douglas County, Chelan County, the Port of Douglas County, the Port of Chelan County, Link Transit, and Washington State Department of Transportation (WSDOT). A major component of transportation planning for the Greater East Wenatchee Area is the Transportation Council’s Transportation 2040 – The Regional Transportation Plan for Chelan and Douglas Counties (Transportation 2040) and other documents that have been adopted by reference in this comprehensive plan. As members of the Transportation Council, all of the major governmental agencies in the region jointly plan for transportation improvements that affect the region. Coordination with adjacent jurisdictions on transportation issues is essential to an efficient regional transportation system. The Transportation Element addresses all roads located within the planning area including those which are the responsibility of the Washington State Department of Transportation, Douglas County, the City of East Wenatchee and any private roads currently located or planned to serve future development. This element provides information on existing roadway functional classifications and the level of service standard established for each. ______Greater East Wenatchee Area Comprehensive Plan – Draft Amendment 3-5-2021 Page 50 of 72 ATTACHMENT C
This Transportation Element is based upon and consistent with the Transportation 2040 priorities and recommendations. EXISTING TRANSPORTATION SYSTEM Roadways - Functional classification system Classification of streets, roads and highways in the State of Washington is based upon guidelines prepared by the Federal Highway Administration (FHWA) and administered by the Washington State Department of Transportation. Location A primary determination of the applicable portions of these Standards that must be used is based on the location of the proposed road or street construction or improvement. In most cases, the following will govern whether rural, urban or city standards will apply. Rural A rural location is defined as that area not within a federally designated urban or urbanized area or a designated Urban Growth Area as established by Douglas County under the Growth Management Act. Urban An urban location is defined as that area within a federally designated urban or urbanized area or a designated Urban Growth Area as established by Douglas County under the Growth Management Act. Function Public Streets/Roads Public streets/roads are those that are continuously open to general public travel and have been accepted by the City or County into that jurisdiction’s transportation system. Roads and streets that are dedicated to the public shall become City/County streets/roads upon completion of the construction to the appropriate jurisdiction’s Standards, acceptance of the completed construction by the jurisdiction, and approval of the final plat or other instrument as appropriate by the jurisdiction. All others must be put on the transportation system by means of the road establishment process as specified in RCW 36.81 and be constructed to applicable Standards for public roads. Private Streets/Roads Private streets/roads are all streets or roads not designated as public and not open to general public travel. Functional Classification - General Rural Classifications All county roads in rural areas are classified as Rural Local Access, Rural Collector (Major and Minor), Rural Minor Arterial or Rural Major Arterial. New roads and streets and any modifications to existing connector or frontage roads that may be required as a condition of development approval shall meet the minimum design requirements for rural roads as specified in these Standards. Different standards will apply depending upon the forecasted traffic volumes and functional classification. Urban Classification ______Greater East Wenatchee Area Comprehensive Plan – Draft Amendment 3-5-2021 Page 51 of 72 ATTACHMENT C
All streets or roads in urban areas are classified as Urban Local Access, Urban Collector, Urban Minor Arterial or Urban Principal Arterial. New roads and streets and any modifications to existing connector or frontage roads that may be required as a condition of development approval shall meet the minimum design requirements for urban roads as specified in these Standards, provided however, local access roads outside of Urban Growth Areas yet within a Federal Urbanized Area may use a rural standard. Different standards will apply depending upon the functional classification. Functional Classification – Descriptions Principal Arterial– Principal arterials permit traffic flow through and between cities and towns and between major elements of the urban areas. They are of great importance in the regional transportation system as they interconnect major traffic generators, such as central business districts and regional shopping centers, to other major activity centers and carry a high proportion of the total area travel on a minimum of roadway mileage. Principal arterials frequently carry important intra-urban as well as inter-city bus routes. Many principal arterials are fully or partially access controlled facilities emphasizing the through movement of traffic. Within the category are (1) interstates (2) other freeways and expressways and (3) other principal arterials. Spacing of principal arterials may vary from less than one mile in highly developed central business areas to five miles or more in sparsely developed urban fringes and rural areas. Principal arterials generally comprise 5-10 percent of the urban system. Minor Arterial– Minor arterials collect and distribute traffic from principal arterials to lesser-classified streets, or allow for traffic to directly access their destination. In urban areas, they serve secondary traffic generators such as community business centers, neighborhood shopping centers, multiple residence areas, and traffic from neighborhood to neighborhood within a community. Urban bus routes generally follow these facilities. Access to land use activities is generally prohibited. Such facilities are usually spaced under two miles apart in urban fringes and in core areas can be spaced 1/8 to 1/2 mile apart. . Collectors (Urban) – Urban collectors provide for land access and traffic circulation within residential neighborhoods and commercial and industrial areas. They distribute traffic movements from such areas to the arterial system. Half-mile spacing is common in more developed areas. Collectors do not handle long through trips and are not continuous for any great length. They generally account for 5-10 percent of the total street system. Local Roads and Streets– All public roads and streets, not otherwise classified as an arterial or collector, comprise the local access system. These roadways primarily serve local needs for access to adjacent lands, travel over relatively short distances, and connections to collectors or other higher systems. Local urban streets offer the lowest level of mobility and usually contain no bus routes. Service to through traffic movement is deliberately discouraged. Local streets usually account for 65-80 percent of the urban system. The table below lists the number of miles for each classification and the percentage of the total miles within the East Wenatchee Urban Area for each classification. This ______Greater East Wenatchee Area Comprehensive Plan – Draft Amendment 3-5-2021 Page 52 of 72 ATTACHMENT C includes streets owned and maintained by the city, Douglas County, and WSDOT. There are 10 signalized intersections within the East Wenatchee Urban Area. Classification Miles % of Total Local Access 35.91 64% Collector 8.04 14% Minor Arterial 7.82 14% Principal Arterial 4.03 7% Total 55.8 See Figure 8.0 for a Circulation Plan map showing the classification of streets and roads within the East Wenatchee Urban Area. The map also illustrates proposed street alignments.
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Figure 8.0 Functional Classification and Circulation Map
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Public Transit The Chelan-Douglas Public Transportation Benefit Area (PTBA), known as Link, is a municipal corporation that began providing public transportation services in late 1991. Link operates throughout Chelan County and most of Douglas County. The Greater East Wenatchee Area is within Link’s service area. Currently, 18 routes provide service connecting the region to the East Wenatchee area. Six routes operate directly in the East Wenatchee area providing service to most areas hourly from 6:30 a.m. to 8:00 p.m., Monday through Saturday. Link also provides ADA paratransit services to all areas within ¾ mile of Link’s fixed routed service, as well as vanpool and ridematch services. All Link buses are equipped (seasonally) with bicycle racks allowing transit users to carry bicycles on busses to complete travel trips. Nonmotorized Transportation Existing pedestrian facilities in the planning area consist of sidewalks and pedestrian ways associated with roadways. Pedestrian facilities such as sidewalks are largely concentrated in the urbanized areas primarily within the Central Business Core and within newer residential subdivisions. Designated bicycle routes are also located within the urban area, however they are not clearly marked. Link administers the BikeLink program, which is designed to encourage joint use of bicycle and transit facilities. Cyclists may mount their bicycles on racks on the front of Link buses that operate on intercommunity routes. Air Transportation Air transportation is available to East Wenatchee Area residents at the nearby Pangborn Memorial Airport. Pangborn Memorial Airport serves the counties of Chelan and Douglas, and portions of Okanogan and Grant counties, with a service area extending north to the Canadian border. The airport master plan update, completed in 2004, forecasts that the airport is expected to experience an increase in total based aircraft, annual air operations and annual enplaned passengers, as well as an increase in turbine-powered aircraft throughout the 20 year20-year planning period. Annual enplanements are forecasted to double. Annual operations, such as commercial, general aviation, and military are forecasted to increase from 48,800 to 86,400 per year. AdditionallyAdditionally, the number of Instrument Approaches is expected to increase from 709 to 1210 per year. To accommodate the forecasted growth, improvements have been completed including a new landing system to improve landing reliability and an increase in runway length to accommodate changes to commercial and general aviation operations. The relocation of Grant Road permits the airport to utilize its full-length runway. Passenger Rail and Rail Freight Facilities Passenger rail service is provided by AMTRAK. The train station is located on Kittitas Street in downtown Wenatchee. AMTRAK provides passenger transit services to destinations east and west. Eastern destinations are via the Montana/St. Paul line, which ends in Chicago, Illinois. Rail freight service for Wenatchee and the surrounding areas is provided 24 hours per day by Burlington Northern/Santa Fe Rail Road (BNSFRR). The rail freight yard is ______Greater East Wenatchee Area Comprehensive Plan – Draft Amendment 3-5-2021 Page 55 of 72 ATTACHMENT C
located between Columbia and Worthen Streets in downtown Wenatchee. Wenatchee is on the BNRR mainline between Everett and Spokane, Washington and is also the location of train crew shift changes. Approximately 20 trains pass through Wenatchee daily. Not all trains stop to load and unload; the number of trains that stop depend, in large part, upon service demand and the destination of goods. Cars are pulled daily for loading of freight that includes lumber, wood chips, aluminum, and apples. Rail lines run along the Columbia River and cross the river into Chelan County at Rock Island. TRANSPORTATION --- GOALS AND POLICIES GOAL: 1. Provide a balanced transportation system that meets the needs of the community by accommodating the movement of people, goods, and services at an optimum level of safety, economy and efficiency. 2. To provide an effective transportation network with adequate capacity to meet the adopted Level of Service (LOS) Standard and the travel demand for the area. 3. Ensure adequate and safe access to property via a system of public and private roads. 4. Ensure that adequate transportation systems are provided to support growth. POLICIES T-1 Allow major land use changes only when those proposals are consistent with the transportation system plan. T-2 Coordinate the planning, construction, and operation of transportation facilities and programs with members of the Metropolitan Planning Organization as well as local utility providers. T-3 Develop and maintain a comprehensive transportation system plan, showing roadway classifications, roadway extensions, future facility locations and right-of- way needs. T-4 Permanent cul-de-sacs shall only be permitted in situations where it can be demonstrated that the design provides an acceptable level of network circulation and the prohibition of cul-de-sacs creates an unreasonable economic burden. T-5 Transportation facility connectivity may necessitate the continuation of road systems to foster the long-range transportation objectives of the county and city. As development occurs, require the extension of dead-end streets which improve access and circulation. T-6 As public and private development occurs, ensure that transportation systems improvements have adequate streets, sidewalks and walkways; and are consistent with the transportation and adopted system design.
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T-7 Ensure that current and future developments provide proper, adequate and safe access to the transportation system and facilities. Provision for adequate parking must be included for all development Natural and artificial landscaping should be considered in the design of system facilities Traffic calming techniques should be required when there are conflicts between transportation modes. T-8 Facilitate mobility for all residents within the Greater East Wenatchee Area; including the elderly and persons with disabilities by providing accessible transportation facilities. T-9 Establish urban streetscape design criteria and natural landscape features that are oriented toward pedestrian use and protecting residential neighborhoods from arterial street functions. T-10 Encourage the development of a bicycle/walkway system for the City and the East Wenatchee area to allow for non-motorized travel; including linkages to transit routes. T-11 Preserve right-of-waysrights-of-way for the future creation of non-motorized travel lanes and trails. T-12 Wherever possible, develop pedestrian and bicycle facilities separate from the vehicle travel lanes. T-13 Provide safe, well-marked walkways and trails with universal access features between neighborhoods, commercial and employment centers, parks, schools and community facilities. T-14 Develop and implement a sidewalk capital improvement and monitoring program to assist with the completion of pedestrian walkway linkages, and inter-modal linkages. T-15 Provide incentives to the public to reduce traffic by encouraging the use of flextime and ride sharing, assisting and providing incentives to employers and developers of property, and encouraging the development of transportation information centers at all public places and major employment centers. T-16 Design transportation facilities within the Greater East Wenatchee Area that minimize adverse environmental impacts resulting from both their construction and use. T-17 Economic and residential growth decisions should be tied to the ability of the existing transportation system to accommodate the increased demand, or new transportation facilities should be provided concurrently with the proposed development. T-18 Allow land use changes only when proposals are consistent with the adopted transportation level of service standards of the comprehensive plan.
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T-19 Control the location and spacing of driveways and encourage the development of shared driveways. T-20 Provide suitable ratios of off-street and on-street parking based on land use needs and the design character of each district of the Area. T-21 Maintain a listing of prioritized road improvement needs based on the six yearsix- year TIP of the capital facilities element. T-22 Review the adopted levels of service standards on a regular basis for coordination with the capital facilities element and land use element. T-23 Institute financing measures for major circulation elements that fairly distribute the cost between private property owners and the public sector. T-24 All road construction projects shall be designed and constructed in compliance with locally adopted stormwater management standards. T-25 Adopt an official right-of-way map identifying the location of existing right-of-way as well as future right-of-way needs based on the transportation element. T-26 Encourage public transportation-compatible infill development on bypassed vacant parcels in developed areas adjacent to bus routes and stops. T-27 All transit related decisions such as roadway access, projects, and pedestrian linkages shall be consistent with the current adopted LINK service area policies. T-28 Coordinate with LINK to provide public transportation, which is affordable, safe, convenient, clean, comfortable, accessible, well maintained and reliable. T-29 The surface of a road shall not be disturbed for a period of 5 years for a new or overlayed road and 2.5 years for a seal coated road. T-30 Eastmont Avenue between Badger Mountain Road and the US 2/97 – SR 28 intersection is designated a controlled access road. Circulation systems for residential and commercial development shall provide for connectivity to adjoining uses and minimize and coordinate points of access to the Eastmont Avenue corridor. (See Figures 8.1 and 8.2): A. North of the Eastmont Avenue Bridge, access serving parcels east of Eastmont Avenue shall be limited to the two existing access points; B. Access to parcels east of Eastmont Avenue, between Fancher Field Road and Badger Mountain Road may be permitted via private roads or joint use driveways. Private roads and joint use driveways shall be designed in accordance with the Road Standards and provide for connectivity to adjoining parcels so as to minimize the number of connections to Eastmont Avenue. A maximum of two private road access points shall be permittedThe spacing between any connections to Eastmont Avenue shall meet sight distance requirements and be no closer than 555 linear feet. Left turn lane channelization or right-in right-out access restrictions shall be installed on Eastmont Avenue for any connection to reduce disruptions to the mainline traffic flow. ______Greater East Wenatchee Area Comprehensive Plan – Draft Amendment 3-5-2021 Page 58 of 72 ATTACHMENT C
Ingress/egress to new developments, including short plats, subdivisions, mixed-use, multi-family, and/or non residentialnonresidential projects shall be provided by the project sponsor, at no-cost to the city or county, in accordance with the following provisions. 1. Access to this segment of Eastmont shall be from collectors and local access streets. No new driveway connections onto this segment of Eastmont Avenue shall be permitted. 21. Collectors and local access roads shall be designed to meet or exceed adopted road standards, including but not limited to: a. Road geometric design; b. Curb, gutter and sidewalk; c. Site Sight distance; d. Intersection spacing; e. Illumination; and f. Signalization 32. Collector and local access roadsConnections shall be located and designed to facilitate shared or joint use by neighboring properties and to align with opposing roads and turning movements. 43. Access to Eastmont Avenue shall be prohibited within 900 feet of the intersection of US 2/97 and State Route 28.
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Figure 8.1
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Figure 8.2 CONNECTIONS CONNECTIONS PER T-30
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T-31 The city and county should develop a circulation plan and street classification system that reflects each roadway’s role in the regional and local transportation network. Roadway standards should be based on the local classification systems. T-32 In consideration of their regional significance, arterial and collector road classifications require connectivity to accommodate existing and future growth. Examples include without exception: the Empire Avenue connection to the Cascade interchange, the 12th Street SE to Ward Avenue, and the future north south connector from the Airport industrial area to SR2/97. T-33 In consideration of the importance of the Apple Capital Loop Trail, as demonstrated in the “More Than a Trail” survey, it is vital to ensure connectivity to the trail from the city and county road systems. T-34 Development shall provide improvements adjacent to their development in accordance with adopted design standards and approved traffic studies. Where deficiencies are present, these issues would have to be addressed prior to development occurring in order to protect the public’s health, safety and general welfare consistent with the policies of the comprehensive plan, standard engineering principals, and adopted standards. Improvements necessary to maintain adopted levels of service shall be in place at the time of development, or a financial commitment agreed to by the city or county and the applicant must be in place to complete the improvements or strategies within six years. T-35 Access to SR2/97 from the Baker Flats Industrial Urban Growth Area should be limited to maintain adopted levels of service and a safe highway corridor while providing efficient access points for industrial users with internal road networks. Expansion and development of the Baker Flats Industrial Area shall be accommodated by the access points identified during environmental review by Douglas County and as approved by Douglas County or the City of East Wenatchee, and the Washington State Department of Transportation. T-36 The city will plan for, design and construct all new transportation projects to provide appropriate accommodation for pedestrians, bicyclists, transit users, and persons of all abilities. Complete Streets principles will be incorporated into city and county plans, rules, regulations and programs as appropriate. T-37 Expansion of the UGA south or east of Canyon Hills subdivision must consider removing the existing vehicular access from Badger Mountain Road to Sand Canyon Road with a new access connecting to Wheatridge Drive. Additionally, all internal roads within this area must be constructed in a manner that facilitates extension and connection of the internal road to the south, ultimately connecting to 10th St. NE between N. Lyle Avenue and N. Nile Avenue.
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T-38 Expansion of the UGA to the east towards the Pangborn Memorial Airport along the Grant Road corridor must incorporate development of an east-west and north-south urban style roadway network to facilitate access and connectivity. T-39 Proposed new circulation routes have been identified in the circulation plan. The specific location of these routes may be altered by the city or county to accomplish the intended circulation functions. As development occurs in the area of the new proposed circulation corridors, development must proportionately address transportation system impacts and improvements needed. T-40 Encourage physical activity by providing alternative modes of transportation with more pedestrian and bicycle friendly street standards. T-41 Improve and maintain pedestrian connections between residential, employment, commercial, educational, and recreation centers. T-42 Provide a comprehensive and interconnected network of bikeways linking residential areas with employment, educational, commercial, and recreation centers. TRANSPORTATION SYSTEM ANALYSIS This section provides a summary of the transportation system analysis that was conducted for the Transportation 2040 Plan written for the Chelan Douglas Transportation Council. The Transportation 2040 Plan is the regional transportation plan. The plan was developed to analyze the Wenatchee Valley Transportation System on a regional level, evaluate the transportation needs, and identify regional priority projects to address the most critical problems. The City of East Wenatchee and Douglas County are members of the Chelan Douglas Transportation Council and work with the other members to realize this regional transportation plan. Level of Service (LOS) LOS is a quantitative measure describing the roadway, transportation facility and transit system’s ability to carry traffic. Transportation 2040 establishes several performance measures and performance targets for the regional transportation system. Any roadway or facility that does not meet the standards is considered “deficient”. As noted below, these performance measures are applied to federal aid roadways which include only collectors and arterials. PERFORMANCE CATEGORY PERFORMANCE MEASURES PERFORMANCE TARGETS ROADWAY CONDITION Pavement Structural 100% of regional system Measured on federal-aid Condition (PSC) Rating in “Good” or “Fair” roadways Scale condition SAFETY Number of crashes Measured on federal-aid resulting in fatalities and Zero fatalities roadways for all modes of serious and disabling transportation injuries
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Rate of crashes resulting Continuous decline in rate in fatalities and serious of serious and disabling and disabling injuries injuries DRIVING LOS “D” Rural Areas, (Vehicle Mobility) Small Cities, US 2, US 97 Measured on federal-aid Intersection Level-of- & SR 28 roadways Service (LOS) LOS “E” Urban Corridors
Ratio of Peak Hour LOS “E-Averaged” in Vehicles to Road- way Wenatchee Central Lane Capacity (V/C Business District Ratio)
Roadway V/C Ratio < 1.0 WALKING Continuous sidewalk on Continuous progress (Pedestrian Mobility & both sides of roadway toward 100% ADA Comfort) Measured on compliant pedestrian federal-aid roadways accommodation inside Urban Growth Areas Sidewalks buffered Exemption for “Limited minimum 4’ from edge of Access” sections of state vehicle travel lane on highways Principle Arterials CYCLING Presence of bikeway Continuous progress (Bicycle Mobility & facility consistent with toward full Comfort) adopted Bicycle Master implementation of Measured inside UGAs Plan planned bicycle on public roads accommodation designated as “Bikeways” in an adopted Bicycle Master Plan Number of passenger Continuous increase in TRANSIT trips per year trips above rate of population growth Estimated metric tons of Continuous decrease in AIR QUALITY Greenhouse Gas per capita Greenhouse
emissions based on Gas emissions region wide Vehicle Miles Traveled (VMT) Source: Table 2-2: Transportation 2040 Roadway Condition Transportation mobility is dependent on the condition of the system’s streets, bridges, bicycle lanes, and sidewalks. The successful maintenance of existing public transportation
______Greater East Wenatchee Area Comprehensive Plan – Draft Amendment 3-5-2021 Page 65 of 72 ATTACHMENT C systems promotes mobility, safety, efficiency, and infrastructure preservation. Managing and protecting public infrastructure investments can significantly reduce the need for new and/or replacement of these facilities in the future. The map below shows the condition level assigned to various streets based upon a survey that was conducted by the Transportation Council. Roadway or pavement condition within the East Wenatchee UGA is generally fair to good.
Figure 8.3 Roadway Condition
Source: Figure 2-1: Transportation 2040
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Driving or Vehicle Mobility Vehicle mobility is measure in the Level of Service (LOS) established at intersections as well as corridor delay. LOS is a qualitative term describing the operating conditions a driver will experience while driving on a particular street or highway during a specific time interval. It ranges from LOS A (little or no delay) to LOS F (long delays, congestion). The methods used to calculate the levels of service are described in the Highway Capacity Manual. The measure of effectiveness for signalized intersections is control delay, which is defined as the sum of the initial deceleration delay, queue move up delay, stopped delay and final acceleration delay. For unsignalized intersections, level of service is based on an estimate of average stopped delay for each movement or approach group. The table below describes the various levels. Signalized Delay per Vehicle Unsignalized Delay per Vehicle LOS (sec/veh) (sec/veh) A 0-10 0-10 B >10-20 >10-15 C >20-35 >15-25 D >35-55 >25-35 E >55-80 >35-50 F >80 >50 Transportation 2040 has adopted a standard of LOS E or better as acceptable at all functionally classified intersections for East Wenatchee Urban Area. The map below shows the intersections that are currently failing the LOS established for this area.
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Figure 8.4 Vehicle Mobility Deficiencies
Source: Figure 2-3: Transportation 2040
There are five failing intersections in the East Wenatchee Urban Area: Three are on Grant Road at SR 28, at Valley Mall Parkway/Rock Island Road, and at Eastmont/Highline Drive, SR 28 at 19th St. NE, and SR 28 at the junction with HWY 2/97 Delay corridors include: SR 28, Baker Ave. between 15th St. NE and 23rd NE, and between 9th NE and 11th NE Eastmont Avenue between Grant Road and Badger Mountain Road Grant Road between Eastmont Avenue and James Avenue. Non-Motorized Performance Measures The non-motorized performance measures were developed to identify locations where sidewalks and bicycle routes should be located according to the standards that all ______Greater East Wenatchee Area Comprehensive Plan – Draft Amendment 3-5-2021 Page 68 of 72 ATTACHMENT C
roadways classified as collectors or arterials should have sidewalks and all bicycle routes identified on approved plans should be in place. Walking Transportation 2040 includes a “Walking” performance category for the regional street system. Walking or Pedestrian Mobility and comfort is measured by the presence of continuous sidewalks on both sides of the street. A comprehensive inventory of sidewalk facilities on local access streets has not been performed on an urban-wide basis. Policies in the Housing Chapter and Transportation Chapter of the comprehensive plan indicate that such a project should be initiated to develop a sidewalk capital improvement program. The map below shows the areas that meet the performance standard and those that do not.
Figure 8.5 Pedestrian Mobility Performance
Source: Transportation 2040
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Bicycling
The Wenatchee Valley Transportation Council adopted the Greater Wenatchee Bicycle Master Plan on May 9, 2013. That document is adopted by reference to supplement this chapter of the comprehensive plan. Transportation 2040 includes a “Cycling” performance category for the regional street system. The performance measure in this category include the presence of bikeway facilities consistent with the Bicycle Master Plan. As bike lane strategies and designs evolve, alternatives to the conventional one-way bike have developed. The Bicycle Master Plan includes an assortment of recommendations for bicycle facilities. The city and county regularly evaluate the provision of bicycle lanes during the design of all public streets.
Transportation System Management Transportation System Management is applied to a wide range of transportation system improvements that have low or no capital cost but address impediments to efficient operation of the transportation system. Transportation system management measures include: Access Management Sub-Area Planning Integrating Multimodal Transportation and Land Use Intelligent Transportation Systems (ITS) Demand Management Most solutions to traffic congestion involve increasing system capacity. However, in some cases, reducing demand can relieve capacity shortfalls. Since capacity shortfalls generally occur during peak morning and evening commute hours, management strategies that focus on reducing trips can be particularly effective. Strategies include; car/vanpooling programs, variable work hours, telecommuting, incentives for transit use, bicycling and walking. If transportation demand management strategies such as these can be expanded, transportation system demand can be reduced. Concurrency Management The Growth Management Act defines a concurrency management system (CMS) as follows: “Local jurisdictions must adopt and enforce ordinances which prohibit development approval if the development causes the level of service on a transportation facility to decline below the standard adopted in the Transportation Element of the Comprehensive Plan, unless transportation improvements or strategies to accommodate the impacts of development are made concurrent with the development. Concurrent with development implies that public infrastructure improvements and strategies that are required to service land development be in place, or financially planned for, within six years of development use.”
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For the purposes of compliance with the Growth Management Act, “concurrency” means that the transportation facilities needed to meet LOS will be in place within six years of completion of the development that triggered the need for the improvements. PROJECT RECOMMENDATIONS AND FINANCIAL ANALYSIS State law requires that each city and county annually prepare and adopt a comprehensive transportation improvement program (TIP) for six calendar years. Communities planning under the Growth Management Act are required to show that the transportation program is consistent with the comprehensive plan. The TIP is a planning document for local agencies to identify projects and estimate the costs to help the city and county develop a funding strategy to pay for the improvements. The TIP lists the projects providing a brief description, potential funding sources, and a schedule for the phases of the project from design through construction. The road projects are listed in priority order. Classification of streets, roads and highways in the State of Washington is based upon guidelines prepared by the Federal Highway Administration (FHWA) and administered by the Washington State Department of Transportation. Federal funds can only be spent on roads that are classified as principal arterial, minor arterial, or collector. All other roads are classified as local access and other funding sources, typically local revenue, must be used for those roads. Any road construction project that is to be considered for federal funding or Transportation Improvement Board (TIB) funding must be listed on the TIP. To be eligible for allocation of half-cent gas tax monies, projects must be listed on the TIP. Once adopted, the TIP must be sent to the Secretary of Transportation and to the Chelan Douglas Transportation Council (CDTC). The CDTC is the metropolitan transportation planning agency for the greater Wenatchee metropolitan area and is the administrative agency for the North Central Regional Transportation Planning Organization (NCRTPO). The CDTC develops a Regional TIP based upon the adopted city and county TIPs. Eventually projects that are eligible reach the State Transportation Improvement Program (STIP). The jurisdiction must hold at least one public hearing before final adoption of the six year TIP by the City Council or County Commissioners. Adoption by Reference. The following documents are adopted by this reference. Douglas County and City of East Wenatchee Annual Six-Year Transportation Improvement Programs. Since TIPs are reviewed and adopted on an annual basis, the City and County TIPs are adopted by this reference into the Comprehensive Plan. Although the TIP is technically part of the Capital Facilities Plan (CF Plan), GMA requires that transportation be addressed through the Transportation Element of the Comprehensive Plan. For a list of current projects, please see the most recently adopted TIPs for the City and County. Transportation 2040 - A Regional Transportation Plan for the Chelan and Douglas Counties, prepared by the Chelan Douglas Transportation Council.
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Greater Wenatchee Bicycle Master Plan, prepared by the Wenatchee Valley Transportation Council. Wenatchee Valley Urbanized Area – Freight Study, prepared by the Wenatchee Valley Transportation Council.
______Greater East Wenatchee Area Comprehensive Plan – Draft Amendment 3-5-2021 Page 72 of 72 CITY OF EAST WENATCHEE COMMUNITY DEVELOPMENT DEPARTMENT 271 9th Street NE * East Wenatchee, WA 98802 Phone (509) 884-5396 * Fax (509) 884-6233
STAFF REPORT TO: East Wenatchee Planning Commission FROM: Community Development Department DATE: March 30, 2021 SUBJECT: CPA 2020-01: 2020 Greater East Wenatchee Comprehensive Plan annual amendments
I. GENERAL INFORMATION Applicant: East Wenatchee Planning Commission 271 9th Street NE East Wenatchee, WA 98802 Project Planner: Lori Barnett 509-884-5396 A. Proposal: Amendments to the Greater East Wenatchee Area Comprehensive Plan (GEWA Plan) in Chapter 3 Land Use, Chapter 4 Housing, and Chapter 8 Transportation. This is a joint project with Douglas County. The amendments are part of the 2020 Annual Amendment Process. B. Location: The proposal will be applicable to properties within the city limits and in the unincorporated area within the urban growth area surrounding the city of East Wenatchee in Douglas County, Washington. II. PROPOSAL ANALYSIS A. Background: The proposal under consideration is part of the annual amendment process for the Greater East Wenatchee Area Comprehensive Plan. The Growth Management Act allows jurisdictions to annually amend their comprehensive plans. This proposal includes amendments proposed by the City and an amendment proposed by a private individual that is supported by Douglas County. In 2019 the state Legislature passed Engrossed Second Substitute House Bill (E2SHB) 1923 encouraging cities planning under the Growth Management Act (GMA) to adopt actions to increase residential building capacity. The state also provided grant funds. To be eligible for grants, cities needed to select at least two objectives listed in the bill. East Wenatchee selected the following actions that relate to the comprehensive plan amendments under consideration: • Authorize at least one duplex, triplex, or courtyard apartment on each parcel in one or more zoning districts that permit single-family residences unless a city documents a specific infrastructure or physical constraint that would make this requirement unfeasible for a particular parcel. • Authorize a duplex on each corner lot within all zoning districts that permit single-family residences. To support those actions, it is necessary to increase the density in the residential land use designations in the comprehensive plan. B. Comprehensive Plan: The Greater East Wenatchee Area Comprehensive Plan was adopted on March 28, 2006 by the city of East Wenatchee and Douglas County. The GEWA Plan has been amended several times, most recently in 2019. Exhibit A to this staff report is a strike-out version of the GEWA Plan showing proposed amendments to three chapters. Proposed amendments include text, tables, charts, and maps as summarized below: 1. Chapter 3 Land Use – Minor clarifications and correction of typographical errors, increasing the residential densities for R-L from 8 dwelling units per acre to 8-10 dwelling units per acre (DU/AC); R-M from 15 to 20 DU/AC and R-H from 26 to 30 DU/AC. 2. Chapter 4 Housing – Updates to tables, increasing residential densities for single-family from up to 8 DU/AC to 8-10 DU/AC; increasing residential densities for multifamily from 15 to 30 DU/AC, correcting typographical errors and updating text. 3. Chapter 8 Transportation – Correcting typographical errors and amending policy T-30, including map Figure 8.2, to allow more access options to connect to a portion of Eastmont Avenue between Badger Mountain Road and the US 2/97 and SR 28. Chapter 3 Land Use and Chapter 4 Housing: In addition to updating data and tables, the proposed amendments to Chapter 3 and Chapter 4 are intended to increase options for density in residential zoning districts to address the goals of the state Legislature in E2SHB 1923. The following goals and policies in the GEWA Plan support the proposal to increase densities: Chapter 4 - Housing. Goals 1. To provide for a sufficient number of safe, attractive and affordable residences for people of all income levels. 3. To provide for a variety of housing types and densities to ensure a range of affordable housing options for all segments of the community. Policies H-2 Provide flexibility in the development regulations to encourage infill development that is compatible with the character of the existing neighborhood and is adequately served by public facilities and services.
CPA 2020-01 2020 Annual Amendment March 30, 2021 Page 2 H-4 Apply consistent standards in residential development to preserve residential character. H-7 Use the following criteria for the establishment of residential densities: a. Adjacent to commercial development, residential development should range from 8 to 24 dwelling units per acre and may include mixed-use type projects. b. Adjacent to the existing single-family districts, densities should range from 8 to 15 dwelling units per acre. H-8 Provide for multi-family densities near major activity centers, parks, commercial, and business centers, that are adequately serviced by transportation systems and utilities. H-14 Promote the construction of affordable housing to meet the needs of all economic segments of the population by establishing incentives in development standards that will increase the production of low and moderate priced housing by private and public sector housing providers. H-18 Encourage the rehabilitation of aging housing stock. H-21 Residential development must meet the net density targets of 8 dwelling units per acre for single-family and 12 dwelling units per acre for multi-family. Net density does not include land set aside for public facilities, recreation, or critical areas. Chapter 8 Transportation: In addition to minor typographical error correction, the changes to Chapter 8 amends Policy T-30 to add additional options for access to Eastmont Avenue between the intersection at Badger Mountain Road and the intersection with Fancher Field Road. Section D of Douglas County’s application for comprehensive plan amendments includes 8 questions. Martin Davy, PE representing the Applicant (Warm Breeze, Inc.) provided the following narrative responses: 1. What is the current use of the site? Undeveloped 2. Please describe adjacent land uses in all directions around the subject property. North: Undeveloped South: Low Density Residential East: Low Density Residential West: Public Right-of-Way (Eastmont), Low Density Residential 3. A detailed statement how the proposed amendment is consistent with the Growth Management Act (RCW 36.70A), county-wide
CPA 2020-01 2020 Annual Amendment March 30, 2021 Page 3 planning policies, the Douglas County Comprehensive Plan, applicable city comprehensive plans and capital facilities plans. The text amendment revises GEWA Comprehensive Plan policy T-30 Item B pertaining to Eastmont Avenue by removing a numeric limit on the number of connections to Eastmont Avenue and revising language pertaining to specific types of allowable connections to be consistent with adopted road standards. This text amendment is necessary because the numeric limit residing in the GEWA Comprehensive Plan supersedes adopted road standards and does not provide for deviation. Removal of the numeric limit accomplishes the following: a. Places greater reliance on the referenced road standards and engineering analysis for determination of appropriate locations and number of connections for adjacent parcels, consistent with the County Road Standards and City Code Title 12 purposes of providing minimum standards for development. b. Provides a foundation for more efficient and effective land use development proposals for parcels subject to policy T-30 Item B, consistent with GEWA Comprehensive Plan Land Use Element goals of putting existing underutilized residential lands within the UGA to use (infill) and towards allowable maximum density per acre (prevention of underutilized land). c. Is more consistent with GEWA Comprehensive Plan Housing Element Policy H-1 regarding urban densities within the UGA and H-21 pertaining to target net densities. On the contrary, retention of the numeric limit will limit the development potential of parcels subject to policy T-30 Item B. Requirements for consistency with adopted road standards already exists within the subject policy the GEWA Comprehensive Plan and County and City codes. Questions 4-7 were marked as “Not Applicable” 8. Are public facilities, infrastructure and transportation systems present to serve the intended amendment or have provisions been made in accordance with the DCC to provide the necessary facilities? Yes. Eastmont Avenue is a major public road with a County functional classification as an urban arterial and a Federal functional classification as a minor arterial. A planning level sight distance analysis completed for the subject parcels at a design speed of fifty (50) miles per hour (mph) demonstrates that more than two connections can be safely constructed, with the final number dependent on ultimate development proposal configuration. The
CPA 2020-01 2020 Annual Amendment March 30, 2021 Page 4 limiting sight distance factor is the intersection sight distance Case B1: Left Turn from the Minor Road – Stopped Condition. The existing fifty-foot wide road section (measured face of curb to face of curb) along the frontage of the properties, impacted by the proposed text amendment, may be restriped at proposed connections to match that of the intersection with Baker Avenue. The current single median and two through lane configuration (Eastmont Extension As-Builts Section 5) may be revised to a dedicated southbound left turn lane, northbound right turn pocket and two through lane configuration. Provision of dedicated left turn lane(s) and/or right turn pocket(s) prevents impact to the through movement’s capacity and related level of service. Utilities are proximate to the subject parcels, and extensions of and/or connections to utilities will be subject to customary requirements of the purveyors at the time of development or subdivision application, consistent with GEWA Comprehensive Plan Low Residential policy regarding urban governmental services and infrastructure. The application has been included as Exhibit B. Exhibit C includes a letter from Mike Neer, PE with Douglas County. Exhibit D includes a subsequent letter from Martin Davy, PE, the Applicant. Policy T-30 was created by the County as a measure to limit the access to Eastmont Avenue. On the east side of the street, access was limited to two private roads built to collector or local access street standards. No driveways were permitted. The proposed amendment allows joint use driveways in addition to private streets. Most of the standards in the original policy remain including the requirement that the design must minimize connections to Eastmont Avenue and consider access to adjoining parcels. A spacing provision was added to section B by Douglas County staff: The spacing between any connections to Eastmont Avenue shall meet sight distance requirements and be no closer than 555 linear feet. Left turn lane channelization or right-in right-out access restrictions shall be installed on Eastmont Avenue for any connection to reduce disruptions to the mainline traffic flow. This policy was established by Douglas County and there is concurrence with the amended language. C. Countywide Planning Policies. The Growth Management Act (GMA) is structured in a way that not only encourages but also requires local governments to work together to address common issues. Coordination and consistency among the different jurisdictions’ comprehensive plans and development regulations are required components. One of the first tasks required by the GMA was for counties to work with their cities to establish countywide planning policies as a framework of policies to direct the development and amendment of comprehensive plans.
CPA 2020-01 2020 Annual Amendment March 30, 2021 Page 5 The group responsible for the countywide planning policy in Douglas County, is the Douglas County Regional Council (Regional Council). The Regional Council includes the mayors from each city and the three Douglas County Commissioners. Douglas County’s countywide planning policy is the Douglas County Regional Policy Plan (Policy Plan). The Policy Plan contains policies related to: Policies in Section C for Joint Planning within Urban Growth Areas are specific to the proposal under consideration and describe the process to be followed: POLICY C-1: The cities/towns and the county will strive to coordinate long-range planning efforts, including capital facilities and utilities planning, within urban growth areas. POLICY C-3: The county and cities/towns will collaborate on and adopt consistent regulations and development standards for areas located within the urban growth areas. POLICY C-8: The following two categories of city comprehensive plan and development regulation amendments shall be addressed under the process listed below. 1. Proposed amendments to the Greater East Wenatchee Area Plan and/or implementing development regulations that: (i) Are not associated with a change to the urban growth boundary for the City of East Wenatchee; or (ii) Do not include map changes to the Greater East Wenatchee Area Plan/implementing zoning map within the unincorporated portions of the City of East Wenatchee Urban Growth Area. 2. Proposed amendments to the urban growth boundaries of the cities/towns of Bridgeport, Mansfield, Rock Island, and Waterville, as well as these jurisdictions’ comprehensive plans and/or implementing development regulations within each respective jurisdiction’s urban growth area. The process for these amendments includes the following steps and components: a) The city/town shall process proposed amendments to their comprehensive plan and implementing development regulations in accordance with the city/town’s established procedures. b) The city/town will initiate the sixty day review process required by RCW 36.70A.106, and combine environmental review required by RCW Chapter 43.21C. The review will be jointly sponsored by the city/town and the county. c) Early in the joint sixty-day review process, the city/town shall have a representative present the proposed amendments to the Douglas County Planning Commission. d) Adopted changes to the city/town’s comprehensive plan and/or development regulations must be submitted to Douglas County no later than the fourth Monday of October, in order to be considered during Douglas County’s amendment process that calendar year.
CPA 2020-01 2020 Annual Amendment March 30, 2021 Page 6 e) A city/town representative shall present the city/town’s adopted changes during a hearing before the Douglas County Planning Commission. f) Unless inconsistent with the jurisdiction’s comprehensive plan or RCW Chapter 36.70A, Douglas County agrees to ratify the amendments adopted by the city/town. The proposal under consideration falls within the category of C-8(1) and is being processed as described in that section. The City initiated the amendment process in July 2020. The 60-day comment period was initiated on February 8, 2021 with a deadline for comments of April 9, 2021. City staff presented the proposed amendments to the Douglas County Planning Commission on March 10, 2021. D. Environmental Review: A Determination of Non-significance DNS was issued on March 4, 2021 in accordance with the provisions RCW 43.21C the State Environmental Policy Act. The comment period deadline ended on March 19, 2021. No comments have been received regarding this proposal. See Exhibit E for a copy of the SEPA DNS and Checklist. E. State Review: RCW 36.70A.106 requires submittal of amendments to comprehensive plans and development regulations to the Washington State Department of Commerce (Commerce) and other state agencies for review of the proposal. This notice requirement provides a 60-day opportunity for agencies and the public to review the proposal and provide comments. The draft documents were submitted to Commerce and other state and local agencies on February 8, 2021. See Exhibit F for a copy of the Commerce acknowledgement of receipt. The 60-day comment period ends on April 9, 2021. No comments have been received. Any comments received after the planning commission public hearing will be addressed during the City Council’s consideration of the proposed amendments. III. PLANNING SUMMARY Planning Staff Comments: Staff offers findings of fact and conclusions in Section IV of this staff report for consideration by the planning commission. The statements in that section may be modified by the planning commission as appropriate to support their recommendation. IV. SUGGESTED FINDINGS OF FACT AND CONCLUSIONS A. FINDINGS OF FACT 1. Amendments to the Greater East Wenatchee Area Comprehensive Plan to Chapter 3 Land Use – Minor clarifications and correction of typographical errors, Chapter 4 Housing – Updates to tables, increasing the residential densities for R- L from 8 dwelling units per acre to 8-10 dwelling units per acre (DU/AC); R-M from 15 to 20 DU/AC and R-H from 26 to 30 DU/AC, correcting typographical errors and updating text; and Chapter 8 Transportation – Correcting typographical errors and amending policy T-30, including map Figure 8.2, to allow more access options to connect to a portion of Eastmont Avenue between Badger Mountain Road and the US 2/97 and SR 28.
CPA 2020-01 2020 Annual Amendment March 30, 2021 Page 7 2. The proposed GEWA Plan amendments are part of the 2020 Annual Update. 3. This is a joint project with Douglas County since the GEWA Plan applies to the city and unincorporated areas within the East Wenatchee Urban Area. The city is the lead entity for this project 4. The proposal will be applicable to properties within the city limits and in the unincorporated area within the urban growth area surrounding the city of East Wenatchee in Douglas County, Washington. 5. Douglas County and East Wenatchee have adopted the Greater East Wenatchee Area Comprehensive Plan in accordance with the provisions of the Growth Management Act and RCW Chapter 36.70A. 6. Douglas County and East Wenatchee coordinate in long-range planning within the Greater East Wenatchee Area. The Douglas County Regional Policy Plan, as amended, established the protocol for comprehensive plan amendments. 7. RCW Chapters 36.70A authorize cities and counties to adopt and amend comprehensive plans and development regulations. 8. Amendments to the Greater East Wenatchee Area Comprehensive Plan and East Wenatchee Municipal Code are consistent with the Douglas County Regional Policy Plan (countywide planning policy) and RCW Chapter 36.70A. 9. The planning commission is responsible for long-range planning matters and providing implementation recommendations to assure compliance with the GMA. 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 including a comment period was issued on March 4, 2021. The comment period for the Determination of Non-significance terminated on March 19, 2021. No comments have been received regarding this proposal. 11. A 60-day notice of intent to adopt amendments to the comprehensive plan was submitted to Washington State Department of Commerce (Commerce) on February 8, 2021. The deadline for comments is April 9, 2021. 12. The East Wenatchee Planning Commission held public workshops on October 27, 2020 and on February 23, 2021 to review the proposed GEWA Plan amendments. 13. The proposed amendments to the GEWA Plan were presented to the Douglas County Planning Commission at their March 10, 2021 public meeting. 14. Advertisement of the Planning Commission’s public hearing was published in The Wenatchee World on March 20, 2021 and posted on the City’s web site. 15. The public hearing was held remotely using the Zoom platform. Access instructions for person wishing to participate in the hearing was included in the legal advertisement for the hearing and on the City’s website. 16. The East Wenatchee Planning Commission held a public hearing to review the proposed GEWA Plan amendments and formulate a recommendation to the East Wenatchee City Council.
CPA 2020-01 2020 Annual Amendment March 30, 2021 Page 8 17. The East Wenatchee Planning Commission has reviewed the entire record as it relates to the proposed comprehensive plan amendments. 18. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated by this reference. CONCLUSIONS 1. The proposed amendments to the Greater East Wenatchee Area Comprehensive Plan are consistent with the procedural requirements of RCW 36.70A. 2. The Greater East Wenatchee Area Comprehensive Plan and development regulations are consistent with each other. 3. The proposal has been processed in compliance with the procedural and substantive requirements of the State Environmental Policy Act, RCW 43.21C. 4. Proper legal requirements of RCW 36.70A.106, EWMC Title 19, were met and the community was given the opportunity to comment on the proposal at a duly noticed public hearing. 5. The proposed comprehensive plan amendments and the process used are consistent with the Douglas County Regional Policy Plan. 6. Approval of the proposal will not be detrimental to the public health, safety, and general welfare. 7. 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. 8. The proposed amendments have been processed in a manner consistent with the requirements of the Revised Code of Washington and the Washington Administrative Code. 9. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated by this reference Exhibits A. Greater East Wenatchee Area Comprehensive Plan – Proposed Amendments - Draft Date 3-5-2021 B. Comprehensive Plan Amendment Application, Warm Breeze, Inc. C. Memo from Mike Neer, PE, Douglas County dated July 22, 2020. D. Letter from Martin Davy, PE, dated October 26, 2020 E. SEPA DNS and Checklist F. Letter from Commerce acknowledging of receipt of Notice of Intent.
CPA 2020-01 2020 Annual Amendment March 30, 2021 Page 9 CITY OF EAST WENATCHEE COMMUNITY DEVELOPMENT DEPARTMENT 271 9th Street NE * East Wenatchee, WA 98802 Phone (509) 884-5396 * Fax (509) 884-6233
STAFF REPORT TO: East Wenatchee Planning Commission FROM: East Wenatchee Community Development Department DATE: February 23, 2021 SUBJECT: ZTA 2020-02 amending the Greater East Wenatchee Urban Growth Area Design Standards & Guidelines, several Zoning Code sections and chapter 12.53 to increase residential building capacity I. GENERAL INFORMATION Applicant: East Wenatchee Planning Commission 271 9th Street NE East Wenatchee, WA 98802 Project Planner: Lori Barnett 509-884-5396 A. Proposal: Amendments are proposed for the Greater East Wenatchee Urban Growth Area Design Standards & Guidelines and the following EWMC chapters: 17.08 Definitions, 17.24 Residential Low Density District, 17.28 Residential Medium Density District, 17.32 Residential High Density/Office District, 17.34 Commercial Zoning District Land Use Matrix, 17.72 General Regulations, and 12.53 Driveways, Access Easement, Pedestrian Facilities, Walks and Trails. B. Location: The proposal will be applicable to properties within the city of East Wenatchee and properties in unincorporated Douglas County that are located within the City’s urban growth area. II. PROPOSAL ANALYSIS A. Background: In 2019 the state Legislature passed Engrossed Second Substitute House Bill (E2SHB) 1923 encouraging cities planning under the Growth Management Act (GMA) to adopt actions to increase residential building capacity. To be eligible for grant funds, cities needed to select at least two objectives listed in the bill. East Wenatchee selected the following actions: • Authorize at least one duplex, triplex, or courtyard apartment on each parcel in one or more zoning districts that permit single-family residences unless a city documents a specific infrastructure or physical constraint that would make this requirement unfeasible for a particular parcel. • Authorize a duplex on each corner lot within all zoning districts that permit single-family residences. • Allow the division or redivision of land into the maximum number of lots through the short subdivision process provided in chapter 58.17 RCW. The City contracted with Makers Architecture and Urban Design, LLP to assist with the project to address the first two objectives. The amendment to the subdivision code will be addressed in a separate process. Makers audited the City’s Zoning Code and the Design Standards providing guidance regarding sections that should be amended. The Audit report and a draft of amendments to the Municipal Code and the Design Standards were presented to the Planning Commission for review and discussion at a workshop on August 25, 2020. Revised amendments to the Municipal Code and the Design Standards were presented to the Planning Commission for review and discussion at a workshop on October 27, 2020. Additional work has been completed by Staff and Makers. The revised amendments are attached as Exhibit A – East Wenatchee Municipal Code Amendments, and Exhibit B - Greater East Wenatchee Urban Growth Area Design Standards & Guidelines amendments. B. Comprehensive Plan: The Greater East Wenatchee Area Comprehensive Plan (2019) is the guidance document for land uses within the community and urban area. The following goal and policies are applicable to the proposal under consideration: Chapter 3 - Land Use Commercial Goal 4. Provide an opportunity for mixed-use areas in locations where residential and commercial land uses can develop in a manner that is complimentary to neighboring properties and/or will establish and sustain unique character areas for individual neighborhoods. Policies C-3 Adopt consistent design standards for development in commercial districts to insure that proposed uses are complimentary and compatible with adjacent land uses. The standards should address landscaping, pedestrian access, vehicular access, traffic control, signage and other amenities ensuring that commercial uses will enhance and contribute to the natural attractiveness of the community. C-7 Promote appropriately buffered multi-family residential and office development compatible with existing and potential commercial activities. Such uses should be permitted as transition between high-intensity uses (e.g. commercial) and low-intensity uses (e.g. single-family residential). C-11 Encourage and promote infill development and redevelopment efforts to revitalize and support established commercial areas. Chapter 4 - Housing. Goals 1. To provide for a sufficient number of safe, attractive and affordable residences for people of all income levels.
Staff Report - ZTA 2020-02 Amend EWMC & Design Standards February 23, 2021 Page 2 2. To maintain quality of life in residential neighborhoods by protecting residential properties from excessive noise, visual, air and water pollution. 3. To provide for a variety of housing types and densities to ensure a range of affordable housing options for all segments of the community. 4. To provide opportunities for a mixture of commercial and residential land uses developed in a coordinated and complimentary manner in designated mixed use areas. Policies H-2 Provide flexibility in the development regulations to encourage infill development that is compatible with the character of the existing neighborhood and is adequately served by public facilities and services. H-3 Develop design standards that provide a transition between residential uses and high intensity commercial or industrial developments. H-4 Apply consistent standards in residential development to preserve residential character. H-7 Use the following criteria for the establishment of residential densities: a. Adjacent to commercial development, residential development should range from 8 to 24 dwelling units per acre and may include mixed-use type projects. b. Adjacent to the existing single-family districts, densities should range from 8 to 15 dwelling units per acre. H-8 Provide for multi-family densities near major activity centers, parks, commercial, and business centers, that are adequately serviced by transportation systems and utilities. H-10 Provide standards for cluster style development that ensures adequate provisions are made for open space and traffic circulation. H-11 Provide incentives and opportunities for choices of housing types, styles, quantities and innovative design including accessory dwellings and cottage style housing in residential neighborhoods. H-14 Promote the construction of affordable housing to meet the needs of all economic segments of the population by establishing incentives in development standards that will increase the production of low and moderate priced housing by private and public sector housing providers. H-18 Encourage the rehabilitation of aging housing stock. H-21 Residential development must meet the net density targets of 8 dwelling units per acre for single-family and 12 dwelling units per acre for multi- family. Net density does not include land set aside for public facilities, recreation, or critical areas. H-25 Adopt zoning, subdivision and design regulations to guide and facilitate development of mixed-use projects adjacent to and within commercial designations. The proposed amendments will expand the options and availability for more variety of housing within residential and commercial zoning district. It should be
Staff Report - ZTA 2020-02 Amend EWMC & Design Standards February 23, 2021 Page 3 noted that there is a Comprehensive Plan amendment in progress that would increase the allowed density in the medium density residential designation from 15 to 20 dwelling units per acre and in the high density/office designation from 24 to 30 dwelling units per acre. C. Zoning: Amendments are proposed for EWMC chapters: 17.08 Definitions, 17.24 Residential Low Density District, 17.28 Residential Medium Density District, 17.32 Residential High Density/Office District, 17.34 Commercial Zoning District Land Use Matrix, 17.72 General Regulations, and 12.53 Driveways, Access Easement, Pedestrian Facilities, Walks and Trails. The proposed amendments are included as Exhibit A to this Staff Report. Text shown in red or blue are amended sections. • Several definitions are amended, and new definitions are added. More graphics are provided to illustrate the definitions.
o Note: A definition for “multifamily development” has been added. That definition would permit redevelopment of a lot with an existing home without requiring that the home be removed. If this definition is to be applied, it must be inserted into the permitted use section of the R-M or R-H Zoning District. • The Residential Low Density District is amended to permit more options for duplexes, triplexes, and courtyard dwellings on property that is adjacent to a commercial district or is on a corner lot. Duplex lots remain at 8,000 sq. ft., triplexes may be built on lots of 10,000 sq. ft., and courtyard dwellings are permitted on 15,000 sq. ft. lots. Land coverage is increased for those types of dwellings from 40% to 45%. • The density in the Residential Medium Density District is increased from 15 to 20 dwelling units per acre. Land coverage is increased from 45% to 50%. Zero-lot line provisions are added for single-family developments. • The density in the Residential High Density/Office District is increased from 24 to 30 dwelling units per acre. Land coverage is increased from 50% to 60%. Zero-lot line provisions are added for single-family developments. • More residential options are added to the Commercial Zoning District Land Use Matrix. • Parking requirements for residential uses are amended to reduce the number of off-street spaces needed or to clarify the standards. Guest parking for multifamily projects is reduced from .5 spaces per unit to .25 spaces. • Parking lot landscaping standards are amended. • A new provision for “Flag lots” is added. • Access easement language is added. • A Zero-lot line section is added.
Staff Report - ZTA 2020-02 Amend EWMC & Design Standards February 23, 2021 Page 4 • The Driveway and access easement chapter in the Street Standards is amended to remove the inconsistency with the width of driveways, joint- use driveways, and access easements. D. Greater East Wenatchee Urban Growth Area Design Standards & Guidelines: The proposed amendments are included as Exhibit B to this Staff Report. To make this document more readable, Staff inserted Makers’ amendments into the existing document. The header provides a new page number scheme to help with review and comments. • An introduction page is added. • Standards for parking lot screening and landscaping were amended. • Requirements to provide color or texture finishes to masonry walls, retaining walls, and planters was added. • Utility screening was clarified, and new graphics added. • Common space requirements were amended to require 100 sq. ft. of common space per dwelling unit. • Treatment of façade articulation was revised and more graphics added. • The small lot section was replaced with new text. • Standards to allow front porch encroachment into the front yard setback was added. • The garage door treatment section was amended. • A new section specific to Duplex and Triplex development was added. • A new section specific to Townhouse development was added. • Circulation design standards were added for Auto Courts and Woonerfs. E. State Review: RCW 36.70A.106 requires local agencies to submit a notice of intent to the Washington State Department of Commerce (Commerce) for all proposed amendments to comprehensive plans and development regulations. The proposal was submitted to Commerce for the required 60-day review on December 7, 2020. The comment period ended on February 5, 2021. No comments from state agencies were received. F. Local Agency Review: The proposed amendments were transmitted to Douglas County Land Services, Douglas County PUD, Douglas County Sewer District, East Wenatchee Water District, Washington State Department of Transportation, and the City of Wenatchee. Comments submitted by other local jurisdictions have been attached as Exhibit C. G. Environmental Review: An Environmental Checklist was prepared on December 4, 2020. 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 4, 2020. The comment period ended on December 29, 2020. No comments were submitted
Staff Report - ZTA 2020-02 Amend EWMC & Design Standards February 23, 2021 Page 5 indicating that the proposal would have a detrimental impact on the environment. SEPA documents have been included as Exhibit D. III. SUMMARY Planning Staff Comments: Staff recommends approval of the proposed amendments to the Greater East Wenatchee Urban Growth Area Design Standards & Guidelines and the Municipal Code and offers suggested Findings of Fact and Conclusions in Section IV of this report for consideration by the Planning Commission. The findings and conclusion may be modified as appropriate to support the decision on the proposal. IV. SUGGESTED FINDINGS AND CONCLUSIONS A. FINDINGS OF FACT 1. Amendments are proposed for the Greater East Wenatchee Urban Growth Area Design Standards & Guidelines and the following EWMC chapters: 17.08 Definitions, 17.24 Residential Low Density District, 17.28 Residential Medium Density District, 17.32 Residential High Density/Office District, 17.34 Commercial Zoning District Land Use Matrix, 17.72 General Regulations, and 12.53 Driveways, Access Easement, Pedestrian Facilities, Walks and Trails. 2. The Greater East Wenatchee Area Comprehensive Plan (2019) reflects the community’s preferred future and contains goals and policies pertaining to the proposed amendments. 3. The Planning Commission held workshops August 25, 2020 and October 27, 2020. 4. The proposed amendments have been posted on the City’s website since December 2020. 5. 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 4, 2020. The comment period ended on December 29, 2020. 6. The DNS was published in the Wenatchee World on December 10, 2020. 7. The proposed amendments were transmitted to Douglas County Land Services, Douglas County PUD, Douglas County Sewer District, East Wenatchee Water District, Washington State Department of Transportation, and the City of Wenatchee. Comments submitted were considered in the final draft of the proposed amendments. 8. Advertisement of the Planning Commission’s public hearing was published in the Wenatchee World on February 11, 2021. 9. The East Wenatchee Planning Commission held a duly advertised open-record public hearing on February 23, 2021. 10. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated by this reference.
Staff Report - ZTA 2020-02 Amend EWMC & Design Standards February 23, 2021 Page 6 B. CONCLUSIONS 1. The proposal is consistent with and implements goals and policies in the Greater East Wenatchee Area Comprehensive Plan. 2. Approval of the proposal will not be detrimental to the public health, safety, and general welfare. 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 at duly noticed public workshops and a public hearing. 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. 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. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated by this reference. Exhibits: A. East Wenatchee Municipal Code Amendments – Building Residential Capacity, Draft Date 2-15- 2021 B. Edits, additions, and notations - Greater East Wenatchee Urban Growth Area Design Standards & Guidelines, Draft Date 2-15-2021 - Not included C. Local Agency Comments D. SEPA DNS and Checklist
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