HomeMy WebLinkAboutOrdinance No. 0820CITY OF MEDINA
ORDINANCE NO. 820
AN ORDINANCE OF THE CITY OF MEDINA,
WASHINGTON RELATING TO HEARING EXAMINER
AUTHORITY FOR HISTORICAL USE PERMITS;
AMENDING CHAPTERS 2.78, 17.56A AND 17.94 OF THE
MEDINA MUNICIPAL CODE; PROVIDING FOR
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, chapter 17.56A of the Medina Municipal Code currently
provides that the City Council review applications and hold hearings
relating to historical use permits; and
WHEREAS, the City previously established a hearing examiner
system under chapter 2.78 of the Medina Municipal Code for several
reasons, including to provide a forum for hearing matters as
established by City Code; and
WHEREAS, the City Council desires to provide the hearing examiner
the authority to review and approve applications relating to historical
use permits in order to increase efficiencies and streamline the land
use process; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO ORDAIN
AS FOLLOWS:
SECTION 1. Section 2.78.070 MMC, Hearing Examiner Duties, Amended. Section
2.78.070 of the Medina Municipal Code is hereby amended to add a new subsection K,
to read as follows:
K. Historical Use Permits.
SECTION 2. Chapter 17.56A MMC, Historical Use Permits, Amended. Sections
17.56A.015, 17.56A.020 and 17.56A.030 of the Medina Municipal Code are hereby
amended to read as follows:
17.56A.015 Variances.
Where unnecessary hardships or practical difficulties are
created for an applicant for a historical use permit by the
application of the zoning ordinances applicable to the subject
property, the hearing examiner shall have the authority to
approve variances to any rules, regulations or provisions of
the zoning ordinances relating to the use of the land or
Ordinance No. 820
structures. The decisional criteria set forth in this chapter
shall be applied to all requests for variances.
17.56A.020 Process and review by hearing examiner.
The application process, review and appeals of a historical
use permit shall be consistent with Chapter 17.56 MMC,
except as follows:
A. The contents of the application shall include the following:
1. The street address and legal description of the property;
2. A description of any proposed alteration, improvement,
enlargement, expansion, reconstruction or repair; and
3. A description of the historical use of the property; and
B. The decisional criteria as required by this chapter shall be
utilized by the hearing examiner.
17.56A.030 Decisional criteria/Burden of Proof.
A. No historical use permit shall be issued unless the
hearing examiner finds the historical use:
1. Will not have materially detrimental effects on neighboring
properties due to excessive noise, lighting or other
interference with the peaceful use and possession of said
neighboring properties; and
2. Has been designed to minimize adverse effects on
neighboring properties, taking into account the historical use
of the property.
B. The hearing examiner may require applicant to enter into
a concomitant land use agreement with the city imposing
conditions to minimize detrimental effects on neighboring
properties, including hours of operation, landscape, parking,
lighting requirements, etc. The hearing examiner may also
require that any proposed new structure(s) must closely
resemble the structure(s) in use at the time of incorporation
of the city.
C. The applicant has the responsibility of convincing the
hearing examiner that the applicant is entitled to the
requested decision.
Ordinance No. 820
2
SECTION 3. Chapter 17.94 MMC, Reclassification of Zoning Districts, Amended.
Sections 17.94.010, 17.94.050, 17.94.060 (subsection D only), 17.94.100 (subsection C
only) and 17.94.110 (subsections C, D, E and F) of the Medina Municipal Code are
hereby amended to read as follows:
17.94.010 Scope.
This chapter establishes the procedure and criteria that the
city will use in making a decision upon an application for a
reclassification of property from one land use zone to
another land use zone and for any change in the conditions
imposed or in the terms of a concomitant agreement
executed as part of the reclassification.
17.94.050 Staff report.
A. Contents. The city manager or his/her designee shall
prepare a staff report containing the following information:
1. All pertinent application materials.
2. All comments regarding the matter received by the city
manager or his/her designee prior to distribution of the staff
report.
3. An analysis of the application under the relevant
provisions of this chapter and the comprehensive plan.
4. A statement of the facts found by the planning director
and the conclusions drawn from those facts.
5. A recommendation on the matter.
B. Distribution. At least seven calendar days before the
hearing, the city manager or his/her designee shall distribute
the staff report as follows:
1. A copy will be sent to the planning director.
2. A copy will be sent to the applicant.
3. A copy will be sent to each person who has specifically
requested it.
Ordinance No. 820
3
17.94.060 Open record hearing.
D. Burden of Proof. The applicant has the responsibility of
convincing the city that, under the provisions of this chapter,
the applicant is entitled to the requested decision.
17.94.100 Recommendation by the planning
commission.
C. Decisional Criteria. The planning commission shall use
the following criteria for a rezone:
1. The city may approve an application for a rezone only if it
finds that:
a. The proposed rezone is in the best interest of the
residents of the city; and
b. The proposed rezone is appropriate because either:
i. Conditions in the immediate vicinity of the subject property
have so significantly changed since the property was given
its present zoning that, under those changed conditions, a
rezone is within the public interest; or
ii. The rezone will correct a zone classification or zone
boundary that was inappropriate when established;
c. It is consistent with the comprehensive plan;
d. It is consistent with all applicant provisions
of this chapter, including those adopted by reference from
the comprehensive plan; and
e. It is consistent with the public health, safety and welfare.
17.94.110 City Council Action.
C. Scope of Review. The city council review of the
application shall be limited to the record of the hearing
before the planning commission, oral comments received
during the public meeting (so long as those comments do
not raise new issues or information not contained in the
planning commission record), and the planning
commission's written report. These materials shall be
Ordinance No. 820
4
reviewed for compliance with review criteria set forth in this
chapter. The city council may also receive and review new
evidence or information not contained in the record of
hearings before the planning commission, but only if that
evidence or information: (1) relates to the validity of the
planning commission's decision at the time it was made and
the party offering the new evidence did not know and was
under no duty to discover or could not reasonably have
discovered the evidence until after the planning
commission's decision; or (2) the planning commission
improperly excluded or omitted the evidence from the record.
If the city council concludes, based upon a challenge to the
planning commission recommendation or upon its own
review of the recommendation, that the record compiled by
the planning commission is incomplete or inadequate to
allow the city council to make a decision on the application,
the city council may by motion remand the matter to the
planning commission with the direction to reopen the hearing
and provide supplementary findings and/or conclusions on
the matter or matters specified in the motion.
D. City Council Decision. After consideration of the entire
matter, the city council shall, by action approved by a
majority of the total membership, take one of the following
actions:
1. Approve the application, or modify and approve the
application. In either case, it shall give effect to this decision
by adopting an ordinance amending the zoning map of the
city. The city may require the applicant to enter into a
concomitant land use agreement imposing conditions to
minimize detrimental effects on neighboring properties.
2. Deny the Application. The city council shall give effect to a
denial by adopting a resolution pursuant to subsection (G) of
this section.
E. Decisional Criteria. The city council shall use the criteria
listed in this chapter.
F. Conditions and Restrictions. The city council shall include
in the ordinance granting the rezone any conditions and
restrictions it determines are necessary to eliminate or
minimize any undesirable effects of the decision. Any
conditions and restrictions that are imposed become part of
the decision.
Ordinance No. 820
5
SECTION 4. Severability. If any section, sentence, clause or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance
SECTION 5. Effective Date. This ordinance shall be forwarded to the Department of
Community, Trade and Economic Development ("CTED") in compliance with the
requirement for 60-day review prior to its effective date, and shall be in full force and
effect when both of the following are satisfied: expiration of the 60-day period for CTED
review and five (5) days after passage and publication of this ordinance.
PASSED BY THE CITY COUNCIL ON THIS 13 DAY OF NOVEMBER 2007 AND
SIGNED IN AUTHENTICATION OF ITS PASSAGE ON THE 13 DAY OF NOVEMBER
2007.
w � .
Approved as to form:
Wayne 1.3
anaka, City Attorney
Passed: 11/13/2007
Published: t % 16( ?.yo.--�
Eff Date:
Ordinance No. 820
6
Miles R. Adam, Mayor
Attest:
he[ Baker, City Clerk
SUMMARY OF ORDINANCE NO 820
of the City of Medina, Washington
On November 13, 2007, the City Council of the City of Medina, Washington,
approved Ordinance No. 820, the main points of which are summarized by its title as
follows:
AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON
RELATING TO HEARING EXAMINER AUTHORITY FOR HISTORICAL
USE PERMITS; AMENDING CHAPTERS 2.78, 17.56A AND 17.94 OF
THE MEDINA MUNICIPAL CODE; PROVIDING FOR SEVERABILITY
AND AN EFFECTIVE DATE.
The full text of this ordinance will be mailed upon request.
APPROVED by the City Council at their meeting of November 13, 2007.
R chel Baker, City Clerk
Ordinance No. 820
7
STATE OF WASHIHGT iN
DEPARTMENT OF COMMUNITY, TRACE AND ECONOMIC DEVELOPMENT
ENT
128- 1V Avenue SW f f'OBO 42a2,5 f 01YWP475 W 51411(jUrtf 98504.2525 f (36o) 7254fflo
November 16, 2007
Rachel Baker
City Clerk
City of Medina
501 Evergreen Point Road
Post Office Box 144
Medina, Washington 98039
Dear Ms Baker:
Thank you for sending the Washington State Department of Community, Trade and Economic Development
(CTED) the following materials as required under RCW 36.70A.106. Please keep this letter as documentation
that you have met this procedural requirement.
City of Medina - Approved Ordinance No. 820, relating to hearing examiner authority for historical use
permits; amending chapters 2.78, 17.56a and 17.94 of the medina municipal code; providing for
severability and an effective date. These materials were received on 11/16/2007 and processed with
the Material ID # 12365.
We have forwarded a copy of this notice to other state agencies. If this is a draft amendment, adopted
amendments should be sent to CTED within ten days of adoption and to any other state agencies who
commented on the draft.
If you have any questions, please call me at (360) 725-3063.
Sincerely,
Ulqd
At
Sam Wentz
GIS Coordinator
Growth Management Services
Enclosure
STATE AGENCIES REVIEWING DEV REGS
Revised October 2007
Cities and counties need to send their development regulations to the agencies'
representatives, as listed below, at least 60 days ahead of adoption. Adopted development
regulations should be sent to Washington State Department of Community, Trade and
Economic Development (CTED) immediately upon publication, as well as to any state agencies
that commented on the draft regulation. A jurisdiction does not need to send its regulation to
the agencies which have been called ahead and that have indicated the local plan will not be
reviewed. The jurisdiction should keep a record of this contact with state agencies and the state
agencies response.
Elizabeth McNagny SEPA/GMA Coordinator
Department of Social and Health Services Department of Ecology
Post Office Box 45848 Post Office Box 47600
Olympia, Washington 98504-5848 Olympia, Washington 98504-7600
(360) 902-8164 Fax: 902-7889 (360) 407-6960 Fax: (360) 407-6904
Email: mcnagec(a)dshs.wa.gov Email: gmacoordination(@ecy.wa.gov
Jennifer Hayes
Department of Fish and Wildlife
Post Office Box 43155
Olympia, Washington 98504-3155
Tel: (360) 902-2562 Fax: (360) 902-2946
Email: hayesilh(d).dfw.wa.gov
Review Team
CTED
Growth Management Services
Post Office Box 42525
Olympia, Washington 98504-2525
(360) 725-3000 Fax: (360) 753-2950
Email: reviewteam a,cted.wa..,c ov
Hugo Flores
Washington State Dept of Natural Resources
GMA/SMA Planning & State Harbor Areas
111 Washington St SE
PO Box 47027
Olympia, WA 98504-7027
Phone: (360) 902-1126 Fax:(360) 902-1786
E-mail: hugo.flores(a-)dnr.wa.gov
Kelly Cooper
Department of Health
Environmental Health Division
Post Office Box 47820
Olympia, Washington 98504-7820
(360) 236-3012 Fax: (360) 236-2250
Email: Kelly. cooper cadoh.wa. ov
Ron Shultz
Puget Sound Water Quality Action Team
Post Office Box 40900
Olympia, Washington 98504-0900
(360) 725-5470 Fax (360) 725-5456
Email: rshultz(a-),psat.wa.gov
Bill Wiebe
Department of Transportation
Post Office Box 47300
Olympia, Washington 98504-7370
(360) 705-7965 Fax: 705-6813
Email: wiebeb().wsdot.wa.gov
Rebecca Barney
Department of Corrections
Post Office Box 41112
Olympia, Washington 98504-1112
(360) 753-3973 Fax: (360) 586-8723
Email: rmbarney(q-)doc1.wa.gov
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