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HomeMy WebLinkAboutSpecial or Conditional Use - Non Administrative.pdfThis packet may be submitted for the following: • Uses listed as Special Use or Conditional Use in Table 16.21.030 MMC (Land Use Table) • Reconstruction/ remodeling/ expansion of a nonresidential use pursuant to MMC 16.30.030 • Special uses pursuant to Chapter 16.32 MMC A. A complete application is required at the time of submittal. Please answer all questions on the application clearly and completely. B. The City's application form must be used, however, the project narrative and answers to the criteria questions may be submitted on a separate document. C. A Notice of Complete Application or Notice of Incomplete Application will be issued within twenty- eight (28) days of submittal. D. A Non -Administrative Conditional/Special Use permit requires a hearing in front of the Medina Hearing Examiner. I. APPLICATION NOTE: Deviations from an approved conditional/special use permit at the time of applying for a building permit may result in the request being returned to the Hearing Examiner for further review and cause delay of the project. A. The following documents are required at the time of submittal, unless otherwise indicated. While final construction drawings are not required for a conditional/special use permit application, all submitted plans, elevations, etc. must be of sufficient detail to clearly show the nature and extent of the proposal and its relationship to other site or project features. A complete application will include: 1. Completed Conditional/Special Use Checklist, Conditional/Special Use Permit Application and Declaration of Agency form 2. Proof of ownership (copy of deed) 3. Site Plan with the following: a. Scale and north arrow b. Property lines including corner stakes c. Lot dimensions d. Proposed location of new structure(s) or addition(s) e. Dimensions of existing and new structures f. Setback dimensions from property lines g. All public/private roads h. All easements i. All other structures on the property 1 of 4 Rev. 11/2021 j. Significant natural features k. Structural calculations, including maximum structural coverage and impervious surface I. Approximate location of structures on abutting properties with distances delineated 4. A set of drawings that contain the following: a. Schematic building plans and elevations b. Building height with site sections c. Topography at 5' contour intervals d. Proposed landscaping and existing vegetation and trees e. Area of future development (if any) f. Other site or public improvements/information (if any) B. State Environmental Policy Act (SEPA) checklist for non-residential uses. C. A word document formatted to Avery address labels containing the names of property owners and their mailing addresses for all properties within 300 feet or three (3) parcels depth, whichever distance is greater but not to exceed 1,000 feet. See mailing labels information bulletin for further information. 1. A vicinity map showing the site with the 300' or three (3) parcels depth minimum buffer of property owners who will be notified of the application. D. Traffic, noise, and/or parking studies (if applicable). E. Any other perspective drawings, renderings, studies, or information the applicant feels is relevant to support the conditional/special use request. Procedure _A II. CONDITIONAL/SPECIAL USE PROCESS A. Please submit the items listed above and any other information which may be required by the City at the time the application is filed. B. MODIFICATIONS: Changes to an application that has already been submitted and noticed to surrounding property owners may trigger the application to be re -noticed. C. Following receipt of the variance application, the City will review the application for completeness and either issue a Notice of Application which includes a public commenting period outlined in MMC 20.80.110(B)(7) or a Notice of Incomplete Application, listing the additional required documentation. Any comments that are received by the public will be forwarded to the applicant for response. A hearing will be schedule with the Medina Hearing Examiner and a Notice of Hearing will be posted, mailed, and published according to the general notice requirements in MMC 16.80.140 at least fifteen (15) days before the hearing date. D. STAFF REPORT AND MEETING AGENDA: A staff report and meeting agenda will be emailed to the applicant for review a week before the scheduled hearing. Ill. PUBLIC HEARING 2 of 4 Rev. 11/2021 A. The Hearing Examiner bases his/her decision on the information provided in the application and testimony given at the public hearing. Information provided to the applicant by City staff or consultants regarding previous actions shall in no way be construed to indicate what the Hearing Examiner's decision will be on a given application. B. At the public hearing all evidence for or against the application will be heard in the following order: 1. The Hearing Examiner will introduce the requested application. 2. Testimony will be heard as follows: a. Staff b. Applicant and/or their representatives. c. Audience in attendance. 3. Correspondence applicable to the case will be provided to the Hearing Examiner. C. Testimony must be related to the case being considered. IV. DISPOSITION OF CASES A. The Hearing Examiner may be prepared to make a final determination on the case following the conclusion of the hearing or may continue the matter if sufficient reason for such action is found. B. Before any variance may be granted, the Hearing Examiner shall find that all of the following conditions exist in each case of an application for a variance: 1. The use complies with the adopted goals and policies set forth in the comprehensive plan; and 2. The use is designed to minimize detrimental effects on neighboring properties; and 3. The use satisfies all requirements specified for the use; and 4. The use complies with all applicable zoning and development standards and requirements; and 5. The use will have no materially detrimental effects on neighboring properties due to excessive noise, lighting, off -site traffic generation, or other interferences with the peaceful use and possession of said neighboring properties. C. The decision of the Hearing Examiner will be issued to City staff ten (10) working days from the public hearing. The decision is effective upon the date of decision. Notices of Decision will be mailed to applicants and other interested parties as soon as possible. V. EXPIRATION A. An approved conditional/special use permit shall expire after one year from the later date of the decision being issued or an appeal becoming final unless a complete building permit application is submitted; and B. Expiration of the variance is automatic, and notice is not required; and C. The Director may grant a single six-month extension if the applicant makes such a request in writing prior to the expiration date and can show good cause for granting the extension. 3 of 4 Rev. 11/2021 VI. APPEALS The decision of the Hearing Examiner may be appealed by filing a land use petition to King County Superior Court within twenty-one (21) days from the date of the decision. 4 of 4 Rev. 11/2021 This checklist contains the minimum submission requirements for a non -administrative conditional/special use permit that are due at the time of submittal. Please note that not all items listed may apply to your submittal. ❑ Conditional/Special Use Checklist Complete Conditional/Special Use Application: ❑ Application form ❑ Signature of applicant/agent ❑ All questions answered in full ❑ Declaration of Agency form ❑ Proof of Ownership (copy of deed) ❑ Site Plan with required information ❑ Building plans, elevations, and/or sections with new conditions highlighted ❑ Documentation of Original Grade (if applicable) ❑ State Environmental Policy Act (SEPA) Checklist for non-residential uses (if applicable) Mailing labels — Word doc formatted to Avery address labels ❑ Mailing labels containing the names of property owners and their mailing addresses for all properties within 300 feet or three (3) parcels depth, whichever distance is greater but not to exceed 1,000 feet. ❑ Vicinity map showing the site with the 300' or three (3) parcels depth minimum buffer of property owners who will be notified of the application. ❑ Traffic, noise, and/or parking studies (if applicable) ❑ Perspective drawings, renderings, or additional supporting information (if applicable) Rev. 11/2021 Complete this form for the following: • Uses listed as Special Use or Conditional Use in Table 16.21.030 MMC (Land Use Table) • Reconstruction/ remodeling/ expansion of a nonresidential use pursuant to MMC 16.30.030 • Special uses pursuant to Chapter 16.32 MMC Owner Name: Property Address: Legal Description: Tax Parcel Number: Name: Email: Contact Phone: Alternative Phone: Mailing Address: City: State: Zip: ..- Lot Size: Critical area(s) located on the property (Ch. 16.50 MMC)? ❑ YES ❑ NO Zoning District: Please check one: ❑ Application for Conditional Use Permit ❑ Application for Special Use Permit List known variances or special/conditional use permits previously approved for this property: Please describe any known nonconforming conditions: Please provide a complete description of the proposed project (attach additional pages if necessary): 1 of 12 The following is the approval criteria for a non -administrative conditional/special use permit. Please respond to each item by providing as much detailed information as possible to support your request. Attach additional pages if necessary. 1. The use complies with the adopted goals and policies set forth in the comprehensive plan: 2. The use is designed to minimize detrimental effects on neighboring properties: 3. The use satisfies all requirements specified for the use: 2 of 3 Rev. 11/2021 4. The use complies with all applicable zoning and development standards and requirements: 5. The use will have no materially detrimental effects on neighboring properties due to excessive noise, lighting, off -site traffic generation, or other interferences with the peaceful use and possession of said neighboring properties: I certify under the penalty of perjury that I am the owner of the above property or the duly authorized agent of the owner(s) acting on behalf of the owner(s) and that all information furnished in support of this application is true and correct. Signature Signature Owner ❑ Agent ❑ Date Owner ❑ Agent ❑ Date 3 of 3 Rev. 11/2021