HomeMy WebLinkAboutOrdinance No. 0850CITY OF MEDINA
ORDINANCE NO. 850
AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON,
ADDING A NEW CHAPTER 17.56B RELATING TO THE LOCATION OF
TEMPORARY CITY GOVERNMENT FACILITIES
WHEREAS, pursuant to the Growth Management Act (GMA), chapter 36.70A
RCW, the City Council has adopted the City of Medina Comprehensive Plan, as
amended by Ordinance 783, passed March 14, 2005; and
WHEREAS, the city council adopted zoning regulations by Ordinance 16, on
December 5, 1955, and last amended by Ordinance 841, adopted on June 8, 2009; and
WHEREAS, Land Use Policy LU-P5 of the Medina Comprehensive Plan supports
maintaining existing non-residential uses including City Hall; and
WHEREAS, Land Use Policy LU-P4 of the Medina Comprehensive Plan
discourages residential uses being converted to non-residential uses except when
clearly supported by the community and when impacts to the surrounding area can be
fully mitigated; and
WHEREAS, the Medina Zoning Code limits uses in residential zoning districts to
single-family dwellings and existing non-residential uses; and
WHEREAS, the planning commission at their January 26, 2010, meeting voted to
recommend an amendment to the Medina Zoning Code to the City Council; and
WHEREAS, temporary use provisions can provide flexibility for certain temporary
occupations of land; and
WHEREAS, pursuant to RCW 36.70A.106, a notice of intent to adopt was
transmitted to the Washington State Department of Community, Trade and Economic
Development on January 27, 2010, and expedited review was granted; and
WHEREAS, the city council provided notice and held a public hearing on March
8, 2010, to receive public testimony for and against the proposed code amendment; and
WHEREAS, during the public hearing, public testimony was presented opposed
to locating temporary City administrative and police services next to existing single-
family residential homes; and
WHEREAS, buildings and structures occupied by City government, public and
non-profit schools, and religious organizations are classified as a non-residential uses
and the City has residentially zoned properties that contain other existing non-residential
uses; and
WHEREAS, a State Environmental Policy Act (SEPA) threshold Determination of
Nonsignificance (DNS) for the proposed code amendment was issued on February 19,
2010, pursuant to WAC 197-11-340(1); and
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WHEREAS, the City Council finds that a code amendment to the Medina Zoning
Code would serve the best interests of the City by providing a wider range of alternatives
that may be considered in temporarily relocating City administrative and police services.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. A new chapter 17.5613 of the Medina Municipal Code is added
to read as follows:
Chapter 17.5613
Temporary Uses
17.56B.010 Purpose.
17.56B.020 Applicability.
17.5613.030 Placement requirements for a temporary public facility.
17.56B.040 Temporary Use Permit.
17.56B.050 Waiver of zoning standards.
17.5613.060 Approval criteria.
17.56B.010 Purpose.
This chapter is intended to permit certain uses identified in this chapter that are
inherently temporary.
17.56B.020 Applicability.
This chapter applies to the location of a temporary public facility as defined in MMC
17.12.010 when within a residential zoning district.
17.5613.030 Placement requirements for a temporary public facility.
A temporary public facility may temporarily be located in any residential zoning district
provided:
A. An existing non-residential use identified in the Medina Comprehensive Plan
occupies the property; and
B. The public facility is a short term use of property for a period not to exceed 18
consecutive months with the intent to discontinue such use upon the expiration of the
permitted time period.
C. The floor area of buildings and structures housing the public facility do not exceed
3,500 gross square feet.
D. A temporary use permit is approved pursuant to MMC 17.56.040.
17.5613.040 Temporary Use Permit.
A. A temporary use permit is decided by the City Manager or designee and is subject to
meeting the approval criteria in MMC 17.56B.060.
B. Only one temporary use permit may be granted within a 5-year time period after a
temporary use permit has been issued, except a second temporary use permit may
be granted if:
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1. In the opinion of the City manager or designee; a significantly different public
facility will occupy the use of the property;
2. The second temporary use permit is consistent with the requirements set
forth in this chapter; and
3. No additional temporary use permit shall be approved within a 5-year time
period after the issuance of the second temporary use permit.
17.56B.050 Waiver of zoning standards.
A. The zoning standards for minimum setbacks from property lines and maximum
structural coverage may be waived by the approval of a temporary use permit as set
forth in MMC 17.56.040 to allow for the temporary placement of a public facility.
B. The requirements set forth in chapter 17.56 MMC shall not apply to the temporary
placement of a temporary public facility as prescribed by this chapter.
17.56B.060 Approval criteria.
The City manager may approve a temporary use permit if it is found that:
A. The temporary public facility will not be materially detrimental to the public health,
safety, or welfare, nor injurious to property or improvements in the immediate vicinity
of the temporary use;
B. The temporary public facility has adequate parking within a sufficient proximity to the
site for employees, city vehicles and customers;
C. Except in the case of emergencies, the temporary public facility will not cause noise,
light or glare which adversely impacts surrounding uses; and
D. The temporary public facility shall comply with all codes applicable to development,
such as zoning and building codes, except as otherwise provided for in MMC
17.566.050.
Section 2. Section 17.12.010(B) of the Medina Municipal Code is amended to
add the following definition:
"Temporary public facility" means a land use and/ or facilities owned, operated,
and maintained temporarily by a City government agency, a public or non-profit
school, or religious organization."
Section 3. 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 of any other
section, sentence, clause, or phrase of this ordinance.
Section 4. Effective Date. This ordinance shall take effect five (5) days after
its publication or the publication of a summary of its intent and contents.
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PASSED BY THE CITY COUNCIL ON THIS 12 DAY OF APRIL, 2010 AND
SIGNED IN AUTHENTICATION OF ITS PASSAGE ON THE 12 DAY OF APRIL,
2010.
Passed: 04/12/2010
Published: 04/15/2010
Eff Date: 04/20/2010
Mayor Errel Jordan
Atte .
achel Baker, City Clerk
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