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HomeMy WebLinkAboutOrdinance No. 0821CITY OF MEDINA ORDINANCE NO. 821 AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON RELATING TO HEARING EXAMINER AUTHORITY FOR SPECIAL USE PERMITS FOR SCHOOLS; AMENDING CHAPTER 17.56 OF THE MEDINA MUNICIPAL CODE; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, chapter 17.56 of the Medina Municipal Code currently provides that the City Council review applications and hold hearings relating to special use permits for schools; 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 special use permits for schools 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. Chapter 17.56 MMC, Conditional and Special Use Permits, Amended. Sections 17.56.020, 17.56.052 (first paragraph only) and 17.56.054 of the Medina Municipal Code are hereby amended to read as follows: 17.56.020 Application - Information. A. All applications for conditional or special use permits shall be submitted to the hearing examiner unless the application is eligible for administrative review per MMC 14.08.020(B)-ef applicatioR shall be heardby—the —c-ityGGURG4. All applications shall be made using the city's form and include the following information: 1. Street address and legal description of the property upon which the proposed facility is to be located; Ordinance No. 821 2. Location of proposed facility on said property and upon all adjacent property; 3. A sketch of the proposed facility showing plans, elevations, lighting, screening, access parking, fencing, landscaping and all other relevant information. B. Applicants shall provide all additional pertinent information requested by the hearing examiner or by the city manager or designee in the case of administrative review -er-b oity 17.56.052 Special use criteria for schools. No structure shall be constructed or installed for a use as a school or for a use that is accessory to a school unless the s+ty cep hearing examiner finds that the proposed facilities meet the following special use criteria: 17.56.054 Variances for schools. Variances from any zoning regulations or special use criteria pertaining to schools shall be submitted to the Goy Rhearing examiner. At the election of the applicant, variance requests may be combined with an application for a special use permit and considered at the same public hearing. The GGWRGilhearing examiner shall use the same criteria in deciding whether to grant variances as are set forth in the zoning code for general land use variances. SECTION 2. 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 3. 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. Ordinance No. 821 2 PASSED BY THE CITY COUNCIL ON THIS 26T" DAY OF NOVEMBER, 2007 AND SIGNED IN AUTHENTICATION OF ITS PASSAGE ON THE 26T" DAY OF NOVEMBER, 2007. Approved as to form: Way e . Tanaka, City Attorney Passed: 11/26/2007 Published:'1r0o�- Eff Date: Ordinance No. 821 3 VLe�" C . 46VA,--- Miles R. Adam, Mayor Attest: R chel Baker, City Clerk SUMMARY OF ORDINANCE NO 821 of the City of Medina, Washington On November 26, 2007, the City Council of the City of Medina, Washington, approved Ordinance No. 821, 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 SPECIAL USE PERMITS FOR SCHOOLS; AMENDING CHAPTER 17.56 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 26, 2007. 7 R chel Baker, City Clerk Ordinance No. 821 4