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Home My WebLink AboutOrdinance No. 0932WHEREAS, the City of Medina is classified as a non -charter code City under title 35A RCW; and WHEREAS, the City Council adopted regulations set forth in Chapter 2.78 MMC pertaining to the establishment of a hearing examiner system; and WHEREAS, the City Council created a "Unified Development Code" under Title 20 MMC consistent with the goals of creating development regulations that are: • User-friendly and more easily understood by non-professionals; • Compliant with state and federal law, including consistency with Medina's comprehensive plan; and • Clear and void of conflicting regulations-, and Ordinance No. 932 Page 1 of 10 WHEREAS, pursuant to RCW 36. 70A106(3)(b), an expedited review was transmitted to the Washington State Department of Commerce (Material # 21838) on November 18, 2015; and expedited review was granted od WHEREAS, a State Environmental Policy Act (SEPA) threshold Determination of Nonsignificance (DNS) for the proposal was issued on November 2-4, 2015, pursuant to WAC 197-11-340(l); and WHEREAS, the City Council makes the following findings of fact in support of its decision: X A SEPA threshold Determination of Nonsignificance (DNS) was issued on November 24, 2015, determining that the proposed code amendments would not have a probable significant adverse impact on the environment. BThe City provided appropriate opportunity for the public to participate in the code amendment process, The code amendments are minor In its effects as the proposal resolves internal conflicts and clarification to existing code provisions. Public noticing for the public hearing was posted on the City's notice boards and by sending electronic notices to interested p.rties, Notice also was posted on the City's website and a notice of the public hearing was published in a newspaper of general circulation. C, The City Council received a recommendation from the Planning Commission on a proposed list of housekeeping code amendment& 1P. The proposed code amendment is consistent with the goals and policies of the Medina Comprehensive Plan to preserve the community's high quality residential setting and its informal and natural character, E. The proposed code amendment bears a substantial relation to the public healt safety and welfare. The code amendments provide clarity in that they refine varioi t regulations pertaming to walls and fences, the measurement of structural covera and height, the number of dwellings on a lot� applying the designation of prope lines to curved property lines; they resolve internal conflicts regarding appe periods, and they reduce administrative burdens by capping the distance for pubi noticing and allowing administrative appeals to be waived when certain conditio 'Ir are met. F. The proposed amendment advances the public interest of the community by Maki the regulations clearer and by reducing unnecessary administrative burdens in t permitting process. I NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO *RDAIN AS FOLLOWS: Section 1. Amend MMC 2.7&090. Section 2.78.090 of the Medina Municipal Code is amended to read: I a 1111111161wUmm- till Ordinance No. 932 Page 2 of 10 awl. ------------------- 00111 111M T11i01 I III I M7 vmgmp .I UELZ .LOU# &Mmmm-11 forward the reguest -for reconsideration to the hearing examiner. The City shall notify all parties of record of the reguest for reconsideration. C. Within five business, days from the date the_ hearing examiner receives a [pgggq_jX reconsideration, the hearing examiner shall issue a written notification that the reguest has been denied or granted. D, Prior to the hearing examiner issuing a decision on a Leguest for reconsidera�tion, the IRIMMIN T-- WE iiiiiiiimlml�� EMUNIMUSINA sz. I lot M, RIJIM I Section 2. Amend IVIIMC 2.78.1100. Section 2.78.100 of ithe Medina Municipal Code is amended to rea& Vwwvm WN Vmwv." wak— set forth in MMC 20.80,220 Section 3, Amend MNIC 20.12.070, Section 20.12.070 of the Medina Municipal Code is amended to modify or add the following definitions, "Fence" means ((a- rna Iv II p—p-se -4 en- separat; or barrier structure of any material or combination of a wall materials erected to enclose, screen, or separate areas of land, excluding retaining walls and rockeries, Ordinance No. 932 Page 3 of 10 iimiz i almdt"TILI-F-IfUlef bUSULUMb 1H U MIMI I IL IW akA db a fe nce or to provide buffering from noise or other undesirabLe�� Section 4, Amend MMC 20.12.080. Section 20.12.080 of the Medina Municipal Code is amended to add the following definition: "Gutter" depending on its context mea-ns- I. On a roof, a autter is a shallow trough fixed to the edge of a roof or eave for the carrying q of rain,water� o 2. On grade, a gutter is a channel for draining off water at the edge of a street or road. Section 5. Amend MMC 20.12.170, Section 20.12.170 of the Medina Municipal Code is amended to add the following definition: Ogg 1111l I I wall one -foot wide or less, used to frame soils elevated above the finished grade for growing plants and built of timber, stone, brick, concrete and similar typfts of fram,ing materials. # # MMINEWAUT Me MIRMS Ego 1MOVAR911119-1 HUM020-01MISUMMSE lZMVIRFAU0 Loll M Roan �excepLtadditional dwelling units may be allowed on the same -lot for A. Accessory dwelling units meeting the reguirements set forth in MMC 2034020: B. Detached single4amily dwellings provided: 1 . The minimum net lot area is equal to or greater than the minimum net lot area set forth in Table 20,22,020 of the zoning district where the dwellings are located multiplied by the number of detached single-family dwellings on the lot and Ordinance No. 932 Page 4 of 10 where such dwellings are located are followed. Section 8. Amend MMC 20.22.040. Section 20.22.040 of the Medina Municipal Code amended • read: I The following structures may be located within a setback area, excluding setbacks from Lake Washington, which are subject to Chapter ((47-.U)) 20.63 MMC: D. Fences and freestanding walls which comply with the requirements set forth in MMC 20.30.010; L. Swimming pools, spas and hot tubs as provided for in MMC 2034040((7))� M. Raised planting bed boxes, which do not exceed 30 inches above the; existing or finished grade, whichever grade is lower. ♦ • Adopt MMC 20.22,070. A new Section 20.22.070 of the Medina Municipal Code titled "Curved property lines" is adopted to read, =1 U0 AMMR mmmalm 9--Rff M."i IkN AM liiIII armw "0141 gmalml - - S-egg're 2U2Q7.... � iq Figure 20.22,070 Curved Property Line Cul-de-sac 1. 4-- Straight Line Segment End points of curve Front Property line is Property lines 450 or more of Side Side "I'-- being parallel to the straight line segment Rear t Property line is parallel or within 45' of being parallel to the straight line segment Ordinance No. 932 Page 5 of 10 Section 10. Amend MMC 20.23.030. Section 20.23.030 of the Medina Municipal Code is amended to read;, A, Structural coverage is the total surface area of a lot covered by or beneath buildings and structures including but not limited to buildings, roof eaves includ ng I _ gutters, patios, decks, sports courts, swimming pools and spas, gazebos, gateways, and trellises, 8, Garden -type structures, such as ((gazebe6-,)) arbors, bowers, pergolas, trellises and similar open structures, provided; the aggregate footprint of all such garden -type structures does not exceed one percent of the lot area,- and Section 11. Amend IVIMC 20.23.050. Section 20.23.050 of'the Medina Municipal Code is amended to add the following provision: F. Eligibility for the bonus height standard in MMC 20.23,050JA)(3) shall not apply where th total structural coverage on the lot exceeds 13 percent, excluding structural cove=] qualifies for the bonus under MMQ 2021040. Section 12. Amend MMC 20.23.060. Section 20.23�060 of the Medina Municipal Cod is amended to rea& I A. Where multiple buildings and structures are located on the same lot, and are detached from each other, the height of each building or structure shall be measured independently from the others, except: buildings are connected by a breezeway or similar above ground types of structures, the buildings shall be considered attached for purposes of measuring height. G. The following shall be excluded as part of the outside exterior wall/side of a building or structure for purposes of measuring height: Ordinance No. 932 Page 6 of 10 4. Areas under roof eaves including gutters and areas under balconies provided they extend 24 inches or less from the exterior wall, Gutters extending six inches or less from the outer edge of the roof eaves shall be excluded from counting towards the 24-inch limit. Section 13. Amend MNIC 20.30.010. Section 20.30.010 of the Medina Municipal Code is amended to rea& Ordinance No. 932 Page 7 of 19 Siection 14. Amend MMC 20.80.140. Section 20.80.140 of the Medina Municipal Code is amended to read. - The notice requirements of this chapter are intended to meet or exceed those required by state law. Notices shall meet the following - Section 15. Amend MMC 20.80.190. Section 20.80.190 of the Medina Municipal Code is amended'to read4, 16100MAIR ME M0004.210 HAH0MWL*JvEHW-=Wj90fflWM Rolm- ITA-10 --jut IMU* Ordinance No. 932 Page 8 of 10 ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE JITH DA OF APRIL, 2016. 1 P��ath lee �nH a ggia r�d�,A�tto me �y� Porter Foster Rorick LLP �/� � �% $lex orc s, Mayor 11 I'll III 90=11-11 Ordinance No. 932 Page 10 of 10