HomeMy WebLinkAboutOrdinance No. 0971Ordinance No. 971
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AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON,
AMENDING THE PROVISIONS OF THE MEDINA MUNICIPAL CODE
SECTION 20.23.080 RELATING TO THE ORIGINAL GRADE REQURIEMENT;
PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE
WHEREAS, pursuant to MMC 20.81.030, the City Council directed staff to prepare a
report regarding amending MMC 20.23.080;
WHEREAS, City Staff have prepared a report that was presented to City Council on May
13, 2019 and which is incorporated herein as Exhibit A, and
WHEREAS, a public hearing was held on May 13, 2019 to solicit and accept public
testimony regarding this text code amendment pursuant to MMC 20.81.040; and
WHEREAS, the City Council finds that based on City staffs recommendations and
public testimony, these amendments are consistent with the City's comprehensive plan, will
enhance the public health, safety and welfare, and advance the public's interest; and
WHEREAS, the City Council desires to take the actions set forth in this ordinance,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON,
DOES ORDAIN AS FOLLOWS:
Section 1. Amendment to MMC 20.23.080. Section 20.23.080 of the Medina Municipal
Code is hereby amended to read as follows:
20.23.080 Determining original grade.
The following outlines the general procedures to establish the original grade on a lot. These
procedures may be administratively modified by the director pursuant to subsection ()=IF) of this
section on a case -by -case basis to fit unique circumstances.
A. The placement of proposed exterior walls/sides of the building/structure on the lot is identified
first and these locations are marked on the property. It is preferred, but not required, that a
surveyor stake the proposed exterior wall corners of the building or structure.
B. A sells cleotechnical engineer shall conduct an pFeliminaFy investigation of the soils
along the parameters of the proposed exterior walls/sides to determine the elevations of the
original grade:
1. The investigation should include exploring and testing a reasonable number of test
pits to substantiate the findings of the seils expeFt -geotechnical en-ginee ; and
2. Based on the findings of the soil investigation, the seile-expert c engineer jeotechnical eng
Ordinance No. 971 Page 1 of 4
shall determine --- --ss,H-I—stptk4;4--9f the original grade underneath the entire building or
structure.
C. A surveyor shall set the vertical elevations of the applicable low and high base points
required to measure height using the as&6w4Akm4 determination of original grade by the
geotechnical, engineer so4&-expe;t.
Figure 20.23.080: Ars-umpfien-Confirmation of Original Grade
4,qh Point
Bwd-nq Corner Shakes
Test Pits
- - - Exteriot YVaN Side
Lmv Pdrit
rle�,,,Ition Contolirs
D. A written report of the a6suffvpti determination of original grade shall be prepared by the
so4-expert geotechnical engineer for submission to the city. The content of the report shall at a
minimum include the following:
1. The applicant's and property owner's name and contact information;
2. Project location (include parcel number);
3. Written narrative regarding the scope of work for which the original grade
determination is being made;
4. The name and qualification of the persons preparing the report;
5. Written narrative of the investigation and findings;
6, A site plan showing:
a. An outline of the footprint of the building or structure on the lot;
b. The locations of the test pits where the soil exploration was performed;
c. The location and vertical elevation of the assumed high and low base points of
the original grade, as applicable, for measuring height; and
d. Topographical information including contour intervals of five feet or less, as
appropriate; and
7. Other pertinent information determined to be necessary by the director in supporting
an original grade determination,
Ordinance No. 971 Page 2 of 4
E. The applicant must obtain approval from the city for an uMptien of original grade
determination. An approved determination assumption of original grade report shall be used in
determining plan review compliance with height standards prior to issuing construction permits.
I=. AfteF has
the wheFe the buildiRg OF r-,tFuGtuFe Will be
emeaVatiOR WGFk
leGated, the
expesed sGils pi:epesed
inverAigate the seils, to deteFFnine if the aSSUFApti0l; 9f GFigiRal
seils expeFt shall
F8
is FindiRgs ftem
the Fe iRverstigatieR be tFansmMed to the eity.
gFade valid.
soils expeFt's shall
G. if the assumption Of GFigiRal qFade is iRGGFFeGt, a GGFFeGted GFiginal gFade deteFMiRation with
a suFveyGF'S AeW Set Of vertin-al elevations shall be PFGV*ded to the Gity.
W. The Director may approve modifications to these procedures if:
1. The modification is evaluated and applied on a case -by -case basis;
2. The modification is to address a unique circumstance on the property such as an
inability to conduct site investigation due to existing buildings and structures;
3. Modifications are based on accepted methods and/or practices found within the soils
expert's profession;
4. The applicant requests the modification in writing to the director and provides
justification for the modification; and
5. The modification is processed as a Type 1 decision pursuant to the review procedures
in Chapter 20.80 MMC
Section 2. Corrections. The City Clerk and codifiers of the ordinance are authorized to
make necessary corrections to this Ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 3. Severabilily. If any section, subsection, paragraph, sentence, clause or
phrase of this Ordinance is declared unconstitutional or invalid for any reason, such invalidity
shall not affect the validity or effectiveness of the remaining portions of this Ordinance.
Section 4. Effective Date. This ordinance or a summary thereof consisting of the title
shall be published in the official newspaper of the City and shall take effect and be in full force
five (5) days after publication.
Passed by the Medina City Council and approved by the Mayor this 13 1h day of May 2019.
Ordinance No. 971 Page 3 of 4
a / �1'2�/
Cynthia Adkins, Mayor
Approved as to form: Attest:
A IhAftd A
NJ
ScotfMksall, City Attorney Aimee Kellerman, City Clerk
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO. 971: / AB
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