HomeMy WebLinkAboutOrdinance No. 0855CITY OF MEDINA
Ordinance No. 855
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MEDINA,
WASHINGTON, RELATING TO ADMINISTRATIVE REVIEW PROCEDURES
FOR PROJECT PERMITS, TEXT AMENDMENTS TO DEVELOPMENT
REGULATIONS, AREA -WIDE ZONING MAP AMENDMENTS, AND
COMPREHENSIVE PLAN AMENDMENTS
WHEREAS, the City of Medina is classified as a non -charter code City under title
35A RCW; and
WHEREAS, the Regulatory Reform Act, chapter 36.7013 RCW, directs local
governments to modify their land development permit procedures to provide certainty for
development decisions, ensure that permits are reviewed and issued in a timely manner,
provide opportunities for public comment regarding proposed development; and
WHEREAS; the Growth Management Act (GMA), chapter 36.70A RCW, and
Planning and Zoning in Code Cities, chapter 35A.63 RCW, establish minimum requirements
for administrative procedures for processing amendments to comprehensive plans and
zoning regulations; and
WHEREAS, the City Council adopted a chapter on project permit applications by
Ordinance 600, on March 11, 1996; and
WHEREAS, the City Council has adopted numerous other administrative review
procedures relating to project permits throughout the Medina Municipal Code; and
WHEREAS, the City performed a comprehensive review of its zoning and
development regulations; and
WHEREAS, a permitting and zoning study was prepared and presented to the City
Council at a special meeting on June 29, 2009, with the following goals:
1. Create a user-friendly code that is more easily understood by people who are not
land use professionals;
2. Maintain consistency with state and federal law, including consistency with Medina's
comprehensive plan;
3. Clarify confusing and ambiguous language, and correct conflicting regulations;
4. Eliminate redundancy whenever possible;
5. Maintain flexibility to address individual circumstances by better defined discretionary
decision -making authority;
6. Include clear intent language and performance standards;
7. Ensure permitting processes include meaningful opportunities for public input as
appropriate; and
1 of 48
8. Look for opportunities to streamline permit processes to achieve better efficiencies
by reducing time, cost and effort while protecting neighboring property owners and
the preservation of community character.
WHEREAS, pursuant to RCW 36.70A.106, a notice of intent to adopt was
transmitted to the Washington State Department of Commerce on April 19, 2010; and
WHEREAS, the Planning Commission held a public hearing on May 25, 2010, and
forwarded a recommendation to the City Council; and
WHEREAS, the City Council held a public hearing on July 12, 2010, to receive
testimony for and against the proposed code amendment and to consider the Planning
Commission's recommendation; and
WHEREAS, the City Council makes the following conclusions:
A. The consolidation of existing procedures and the incorporation of changes to the
code are necessary to provide clarity and predictability in the permit process and
procedures relating to legislative actions involving development; and
B. The amendments are consistent with the Growth Management Act (RCW
36.70A), the Regulatory Reform Act (RCW 36.70B), pertinent requirements
applicable to code cities (RCW 35A.63), and the Medina Comprehensive Plan;
and
C. The proposed changes will benefit the public health, safety and welfare if
adopted; and
WHEREAS, the adoption of an ordinance pertaining to review procedures relates
solely to governmental procedures and contains no substantive standards respecting use or
modification of the environment and is therefore exempt from the requirements of the State
Environmental Policy Act pursuant to WAC 197-11-800(19).
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. A new chapter 20.80 of the Medina Municipal Code is adopted to read as
follows:
Chapter 20.80
PROJECT PERMIT REVIEW PROCEDURES
20.80.010
Purpose.
20.80.020
Applicability.
20.80.030
General Provisions.
20.80.040
Definitions applicable to chapter.
20.80.050
Designation of decision types.
20.80.060
Project permit procedures.
20.80.070
Meetings prior to submitting a project permit application.
20.80.080
Submission requirements.
20.80.090
Optional consolidated permit review.
20.80.100
Determination of completeness.
20.80.110
Notice of application.
20.80.120
Notice of hearing.
2 of 48
20.80.130 Joint public hearing.
20.80.140 General notice requirements.
20.80.150 Combining notices.
20.80.160 Public and agency comments.
20.80.170 Consistency determination.
20.80.180 Report by City staff.
20.80.190 Decisions.
20.80.200 Notice of decision.
20.80.210 Processing timelines.
20.80.220 Appeals.
20.80.230 Administrative appeal procedures.
20.80.240 Development Agreements.
20.80.010 Purpose.
A. Fundamental land use planning choices made in adopted comprehensive plans and
development regulations shall serve as the foundation for project review. The purpose
of this chapter is to establish the review procedures for processing project permit
applications consistent with chapter 36.70B RCW and local neighborhood involvement.
B. Project permit review shall be used to identify specific project design and conditions
relating to the character of development, such as the details of site plans, drainage,
landscaping, construction and other measures to mitigate a proposal's impacts.
20.80.020 Applicability.
A. This chapter shall apply to all project permits set forth in this chapter, unless specifically
exempt otherwise by law.
B. State agencies shall comply with the provisions of this chapter as provided in RCW
36.70A.103. This provision does not affect the state's authority to site essential public
facilities as provided for under RCW 36.70A.200.
20.80.030 General Provisions.
A. Exemptions. The following project permits are exempt from this chapter:
1. Landmark designations;
2. Street vacations;
3. Legislative actions, such as those set forth in chapters 20.81 through 20.83 MMC.
B. Standard of Review. The land use regulations in effect on the date an application vests
will be the standard of review.
C. Vesting. A project permit application shall vest in the development regulations in effect
at the time of submission of a completed project permit application as defined herein and
all application fees are paid.
D. Conflict with Other Regulations. When any provisions of this chapter conflicts with
provisions of other City regulations, ordinances or resolutions, the more restrictive shall
apply.
20.80.040 Definitions applicable to chapter.
A. Words in this chapter used in the singular shall include the plural, and the plural shall
include the singular, unless the context clearly indicates the contrary.
B. The following definitions apply to this chapter and they should be used in conjunction
with other definitions found in title 20 MMC. However, these definitions are not intended
3of48
to replace or alter similar definitions found elsewhere within the Medina Municipal Code
except when specifically applied to the provisions of this chapter.
1 "City" means City of Medina.
2. "Closed -record appeal" means an administrative appeal on the record on a project
permit application following an open -record hearing with no or limited new evidence
or information allowed to be submitted and only appeal argument allowed.
3. "Days" means calendar days.
4. "Development regulations" means the controls placed on development or land use
activities including, but not limited to building codes, zoning, critical areas, shoreline
master programs, official controls, subdivision, together with any amendments
thereto.
5. "Director" means the City manager or designee.
6. "Hearing body" means the body designated by the City Council to preside over an
open -record hearing or closed -record appeal.
7. "Hearing Examiner" means the Administrative Hearing Examiner set forth in chapter
2.78 MMC.
8. "Open -record appeal hearing" means an open -record hearing held on an appeal
when no pre -decision hearing has been held on the project permit application.
9. "Open -record hearing" means a hearing that creates the City's record through
testimony and submission of evidence and information, under procedures prescribed
by the City by ordinance or resolution. An open -record hearing held prior to the City's
decision on a project permit application shall be known as a "pre -decision hearing."
10. "Parties of Record" means:
a. The applicant and any appellant;
b. The property owner, if different than the applicant;
c. The City;
d. Any person or public agency who individually submitted written comments to
the City prior to the closing of the comment period provided in a legal notice;
e. Any person or public agency who individually submitted written comments for
or testified at a pre -decision hearing;
f. Any person or public agency who submitted to the City a written request to
specifically receive the notice of decision or to be included as a party of
record prior to the closing of a open -record pre -decision hearing.
A party of record does not include a person who has only signed a petition. (See
MMC 20.80.160.)
11. "Project permit" or "project permit application" means any land use or environmental
permit or license required from the City for a project action, including but not limited
to building permits, subdivisions, conditional/ special uses, shoreline permits, site
plan review, permits or approvals required by critical area ordinances, site -specific
rezones authorized by a comprehensive plan, tree removal permits, right-of-way
permits, but excluding the adoption or amendment of a comprehensive plan, subarea
plan, or development regulations.
12. "Public meeting means an informal meeting, hearing, workshop, or other public
gathering of persons to obtain comments from the public or other agencies on a
proposed project permit prior to the City's decision. A public meeting does not
include an open -record hearing. The proceedings at a public meeting may be
recorded and a report or recommendation may be included in the City's project
permit application file.
13. "SEPA" means the State Environmental Policy Act and includes the provisions of
chapter 43.21 C RCW, chapter 197-11 WAC and chapter 18.04 MMC.
4 of 48
20.80.050 Designation of decision types.
A. All project permits are categorized as a Type 1, Type 2 or Type 3 decision, which are
described as follows:
1. Type 1 Decision: these are administrative and ministerial actions that do not require
public notice or a pre -decision hearing. They are categorically exempt from SEPA
review, or have had SEPA review completed in connection with another application
or permit.
2. Type 2 Decision: these are administrative actions that require public notice, but do
not require a pre -decision hearing. They may or may not be categorically exempt
from SEPA review.
3. Type 3 Decision: these are quasi-judicial actions that require public notice and a pre -
decision hearing. They may or may not be categorically exempt from SEPA review.
B. The director shall determine the proper review and decision process for each project
permit application consistent with the provisions of this chapter. Disputes shall be
resolved in favor of the higher category of decision with a Type 1 decision being the
lowest and a Type 3 decision being the highest.
20.80.060 Project permit procedures.
The procedures for processing a project permit application may include a determination of
completeness, notice of application, notice of hearing, and notice of decision. The following
tables establish the decision type, the person or body authorized to make the decision, the
general review procedures, and notice requirements that are applicable to each project
permit application.
A. Table MMC 20.80.060(A) sets forth project permits that are categorized as Type 1
decisions with the applicable corresponding review procedures.
MMC Table 20.80.060 A - pe 1 decisions
Project Permit
Decision
Authority
Procedure Re uirements
DOC
NOA
NOH
NOD
Building, reroof and construction permits
not listed / no SEPA
BO
Yes
No
No
Yes
Mechanical permit
BO
Yes
No
No
Yes
Demolition permit / no SEPA
BO
Yes
No
No
Yes
Grading and drainage permit / no SEPA
BO
Yes
No
No
Yes
Fence permit
BO
Yes
No
No
Yes
Final short subdivision
D
No
No
No
No
Administrative tree removal permit
D
Yes
No
No
Yes
Hazardous tree designation
D
Yes
No
No
Yes
Right-of-way ermit
E
Yes
No
No
Yes
Lot line adjustment
D
Yes
No
No
Yes
Zoning code interpretation
D
No
No
No
Yes
Accessory dwelling units
D
Yes
No
No
Yes
Administrative sign approval
D
Yes
No
No
Yes
Code of conduct approval
E
Yes
No
No
Yes
SEPA letter of exemption
D1
No
No
No
Yes
Shoreline letter of exemption
D
No
No
No
Yes
Shoreline Master Program interpretation
D
No
No
No
Yes
Temporary Use Permit
D
No
No
No
Yes
5of48
Notes:
"DOC" - determination of completeness required pursuant to MMC 20.80.100
"NOA" - notice of application required pursuant to MMC 20.80.110
"NOW - notice of hearing required pursuant to MMC 20.80.120
"NOD" — notice of decision required pursuant to MMC 20.80.200
"BO" means building official has authority to make the decision
"D" means the director has authority to make the decision
"E" means the City engineer or designee has authority to make the decision
1 Director here means the person designated as the Responsible Official
B. Table MMC 20.80.060(B) sets forth project permits that are categorized as Type 2
decisions with the applicable corresponding review procedures.
MMC Tnhip 9n An nrn(RI - T.,nn 13
Project Permit
Decision
Procedure Requirements
DOC
NOA
NOH
NOD
Authority
Building permit / with SEPA
BO/ D1
Yes
Yes
No
Yes
Demolition permit / with SEPA
BO/ D1
Yes
Yes
No
Yes
Grading and drainage permit / with
BO/ D1
Yes
Yes
No
Yes
SEPA
Administrative right-of-way tree
trimming/ removal permit
D
Yes
Yes
No
Yes
Administrative special use permit
D
Yes
Yes
No
Yes
Administrative variance
D
Yes'
Yes
No
Yes
Minor deviation
D
Yes
Yes
No
Yes
SEPA threshold determination
D1
Yes
Yes2
No
Yes
Preliminary short subdivision
D
Yes
Yes
No
Yes
Tailored construction mitigation plan -
level 1
D
Yes
Yes
No
Yes
Final subdivision
CC
No
No
No
Yes
Notes:
"DOC" - determination of completeness required pursuant to MMC 20.80.100
"NOA" - notice of application required pursuant to MMC 20.80.110
"NOW - notice of hearing required pursuant to MMC 20.80.120
"NOD" — notice of decision required pursuant to MMC 20.80.200
"BO" means building official has authority to make the decision
"D" means the director has authority to make the decision
"CC" means the City Council makes the decision
"E" means the City engineer or designee has authority to issue a decision
1 Director here means the person designated as the Responsible Official
2A NOA is not required for a SEPA threshold determination issued pursuant to WAC 197-11-340 1 .
C. Table MMC 20.80.060(C) sets forth project permits that are categorized as Type 3
decisions with the applicable corresponding review procedures.
MMC Table 20-80.060(m - Tvne 3 dPnicinnc
Project Permit
Decision
Authority
Procedure Requirements
DOC
NOA
I NOH
NOD
Non -administrative special use permit
HE
Yes
Yes
Yes
Yes
Conditional use permit
HE
Yes
Yes
Yes
Yes
Historical usepermit
I HE
Yes
Yes
Yes
Yes
Non -administrative variance
I HE
Yes
Yes
Yes
Yes
6of48
Site -specific rezone
PC/CC1
Yes
Yes
Yes
Yes
Reasonable use exception
HE
Yes
Yes
Yes
Yes
Non -administrative right-of-way tree
trimming/ removal permit
HE
Yes
Yes
Yes
Yes
Non -administrative tree removal
permit
HE
Yes
Yes
Yes
Yes
Site plan review
PC
Yes
Yes
Yes
Yes
Tailored construction mitigation plan
level 2
PC
Yes
Yes
Yes
Yes
Preliminary subdivision
HE/CC2
Yes
Yes
Yes
Yes
Shoreline Substantial Development
Permit
HE
Yes
Yes
Yes
Yes
Shoreline Variance
HE3
Yes
Yes
Yes
Yes
Shoreline Conditional Use Permit
HE3
Yes
Yes
Yes
Yes
Notes:
"DOC" - determination of completeness required pursuant to MMC 20.80.100
"NOA" - notice of application required pursuant to MMC 20.80.110
"NOW - notice of hearing required pursuant to MMC 20.80.120
"NOD" — notice of decision required pursuant to MMC 20.80.200
"HE" means the Hearing Examiner has authority to make the decision
"PC" means the Medina Planning Commission has authority to make the decision
"CC" means the City Council makes the decision
1The Planning Commission holds the open -record hearing and makes a recommendation to the City
Council. The City Council decides the rezone at a closed record meeting.
2Hearing Examiner holds the open -record hearing and makes a recommendation to the City Council.
The City Council decides the preliminary subdivision at a closed record meeting.
3The Hearing Examiner's action on shoreline variances and shoreline conditional use permits is a
recommendation to the Washington State Department of Ecology who decide these permits pursuant to
chapter 90.58 RCW.
20.80.070 Meetings prior to submitting a project permit application.
A. Pre -development meeting. The purpose of a pre -development meeting is to acquaint
the applicant with the processes of the City and to discuss issues involving development,
an application, or a project.
1. A pre -development meeting may be held at any time before an application is
submitted.
2. The City may require a pre -development meeting when a proposal is determined by
the director to be of a size or complexity to necessitate such a meeting.
3. A pre -development meeting is not intended to be an exhaustive review of all potential
issues . and the discussion shall not be binding or prohibit the enforcement of
applicable laws. Failure to provide all pertinent information may prevent the City
from identifying all of the issues or providing the most effective pre -development
meeting.
B. Intake meeting. This is the first formal step in the project permit review process.
1. An intake meeting is mandatory for all project permit applications prior to submittal.
The director may waive this requirement if it is determined to be unnecessary.
2. The purpose of the meeting is to determine the adequacy of the project permit
application for submission.
7of48
3. An intake meeting is not a determination of a complete project permit application as
set forth in MMC 20.80.100 and does not vest the application.
20.80.080 Submission requirements.
A. A project permit application shall be on forms, number of forms, and be in a manner
determined by the City.
B. The City shall establish the minimum submittal requirements consistent with MMC
20.80.080(C) and other provisions of the Medina Municipal Code for each type of project
permit application. The submittal requirements shall be made available to the public in a
written checklist or other form provided by the City that clearly describes the materials
that must be submitted for an application to be considered acceptable.
C. Unless specified otherwise, an application shall at a minimum include the following:
1. A completed application form;
2. A legal description of the property, property address, and associated tax parcel
number;
3. A vicinity map showing the location of the property including surrounding streets,
private lanes, shorelines and other reference points;
4. A site plan when physical changes to the property will result from approval of the
application;
5. When required, mailing labels containing the names and addresses of all owners of
record of parcels within the notification radius prescribed by this chapter;
6. The names, addresses, and phone numbers of the applicant and all owners of the
property, along with a signed letter or other verification of the owner consent to the
application;
7. When required, SEPA checklist and/or other environmental documentation;
8. Additional information required by the City to support a decision on the application;
and
9. Application fee.
20.80.090 Optional consolidated permit review.
A. An application, which involves two or more project permits, may have the review
processes consolidated under the procedures for the highest category of a type of
decision. The applicant shall specify whether they want the project permit applications
consolidated under a single review process or separately.
B. Only one open -record hearing and no more than one closed -record appeal shall be
allowed under a consolidated review process. If a pre -decision hearing is provided prior
to the decision on a project permit application, a subsequent open -record appeal hearing
shall not be allowed.
C. The City may require an applicant to submit project permit applications under a
consolidated review process if it is found necessary to comply with the one open -record
hearing rule.
D. If multiple permits for a project are processed separately, the highest type of decision
shall be final before subsequent permits can be issued. The director may waive this
requirement when a project permit is not dependent on the higher type of decision for its
justification or implementation.
E. If two or more authorities are designated to decide project permits under the highest
category of consolidated review, except for applications involving subdivisions, which
must be decided by the City Council, the director shall designate which of the authorities
shall decide the consolidated project permit applications.
8of48
20.80.100 Determination of completeness.
When the tables in MMC 20.80.060 identify a requirement for a determination of
completeness, the following shall apply:
A. Within 28 days of accepting the project permit application, the City shall provide a written
notice to the applicant that:
1. The application is complete; or
2. The application is incomplete and what is necessary to make the application
complete.
B. To the extent known by the City, the determination of completeness shall identify other
agencies of local, state or federal government that may have jurisdiction over some
aspect of the application.
C. Failure to provide the written notice within 28 days shall automatically deem the
application as complete.
D. A project permit application is determined complete when it meets the submittal
requirement established in MMC 20.80.080 and is accepted by the City. A determination
of completeness shall not preclude the City from requesting additional information or
studies as a condition to continue review of a project permit application.
E. When a notice for an incomplete application is issued, the applicant shall have 90 days
from the date of the written determination to submit the necessary information. If the
City does not receive the information within 90 days, the application shall lapse. The
director may grant a time extension to submit additional information, if the applicant
makes such a request in writing prior to expiration of the 90 days.
F. When an applicant submits information pursuant to MMC 20.80.100(E), the City shall
provide written notice to the applicant within 14 days of receipt as to whether the
application is complete or if additional information is required. Failure to notify the
applicant within the 14 days will automatically deem the application as complete.
20.80.110 Notice of application.
When the tables in MMC 20.80.060 identify a requirement for a notice of application, the
following shall apply:
A. The City shall provide a notice of application within 14 days after the determination of
completeness is issued.
B. The content of the notice of application shall include the following information:
1. The file number assigned to the project permit;
2. The date the application was received, the date of the determination of
completeness, and the date of the notice of application;
3. A description of the proposal;
4. A list of project permits included with the application, and to the extent known, a list
of the project permits not included in the application
5. Identification of existing environmental documents that evaluate the proposal;
6. The location where the application and any studies can be reviewed;
7. A statement of the public comment period, which shall not be less than 14 days or
more than 30 days;
8. The date, time, place, and type of hearing, if applicable and scheduled at the date of
the notice of the application;
9. A statement of the rights of any person to comment on the application, receive notice
of and participate in any hearings, request a copy of the decision once made and any
appeal rights;
9 of 48
10. A statement of the preliminary determination of consistency pursuant to MMC
20.80.170, if one has been made at the time of notice, of those development
regulations that will be used for project mitigation; and
11. Any other information determined appropriate by the City.
C. The notice of application shall be posted and mailed in accordance with MMC 20.80.140.
Additionally, the notice of application shall be published in accordance with MMC
20.80.140 when the notice of application is combined with a SEPA threshold
determination and/ or notice of hearing.
20.80.120 Notice of hearing.
When the tables in MMC 20.80.060 identify a requirement for a notice of hearing, the
following shall apply:
A. A notice of hearing is required for all pre -decision hearings and shall be subject to the
following:
1. The City shall provide the notice of hearing at least 15 days before the hearing date;
and
2. In setting the hearing date, the City shall consider the time necessary for comment
and appeal periods on any related SEPA threshold determination, and for the City to
conduct the hearing and issue a decision within the 120-day time period prescribed
in MMC 20.80.210.
B. The content of the notice of hearing shall include the following information:
1. Project description, list of project permits in the application, assigned City file
number, and the City contact person;
2. The date, time, and place for the hearing;
3. The right of any person to participate in the hearings and request a copy of the
decision;
4. If applicable, the SEPA threshold determination and the deadline (date, time and
place) for submitting a SEPA appeal, including a statement that any timely SEPA
appeal shall be heard at the scheduled pre -decision hearing; and
5. Any other information determined appropriate by the City.
C. The notice of hearing shall be posted, mailed, and published in accordance with the
general notice requirements in MMC 20.80.140.
D. Continuation of a hearing does not require additional notice.
20.80.130 Joint public hearing.
A. When requested by the applicant, the City may allow a pre -decision hearing to be
combined with any other hearing that may be held by another local, state, regional,
federal, or other agency for the same project provided that:
1. The hearing is held within the geographic boundary of the City;
2. The hearing is held within 120 days as specified in MMC 20.80.210, unless the time
period is waived by the applicant;
3. Sufficient notice of the hearing is given to meet each of the agencies' adopted notice
requirements; and
4. Each agency participating in the hearing has received the necessary information
from the applicant about the proposed project to hold the combined hearing.
B. In all cases, appeals and hearings shall be combined in a manner which retains
applicable City procedures. The City may combine its notice requirements with other
agencies notices, and the Hearing Examiner shall have the discretion to decide the
procedures for conducting the hearing when there are conflicting procedures.
10of48
20.80.140 General notice requirements.
The notice requirements of this chapter are intended to meet or exceed those required by
state law. Notices shall meet the following:
A. When posting is required, the following shall apply:
1. The notice shall be posted on a sign located in an open public right-of-way adjacent
to the subject property and clearly visible from the public street or a public area.
2. When the property does not abut an open public right-of-way, the sign shall be
posted as follows:
a. In an open public right-of-way within 10 feet of where the private lane, shared
driveway, or an un-open public right-of-way connects to the open public right-of-
way.
b. The City may require additional signs to be posted on the subject property in a
location visible to adjoining property owners, if posting one notice sign is
determined to not be reasonably sufficient by the director.
3. The director shall determine the specifications to the construction and installation of
the signs used to post notices.
4. An affidavit or declaration of posting containing the date, location, and the signature
of the person responsible for the posting shall be provided and serve as proof the
notice was posted.
5. The City, at its option, may be responsible or may direct the applicant to be
responsible for posting signs and notices.
6. Notice shall remain posted throughout the project permit review process until all
appeal periods have expired. Signs may be updated and used for other posted
notices required by the City. However, signs shall be removed within seven days
after all appeal periods have expired, unless the City requires notice to remain
posted longer.
B. When mailing is required, the following shall apply:
1. Written notice shall at a minimum be sent by first class postage to the following:
a. The applicant and/ or the property owner;
b. Any state, federal or local agencies with jurisdiction related to the project;
c. Any person who writes to the City requesting such notice;
d. The Washington State Department of Transportation when a proposed
subdivision or short subdivision is located adjacent to a state highway right-of-
way.
2. Notice shall be mailed to the addresses of all properties located within a distance of
300 feet or three parcels, whichever distance is greater. Distance shall be measured
from all portions of the subject property including any contiguous property owned,
controlled or under the option of purchase by the same property owner and/ or
applicant.
3. The address of the property owner and/ or taxpayer of record on file with King
County Assessor tax records shall serve as the official record where notice shall be
mailed.
4. Any mailed notice required by this chapter shall be adequate when a good -faith effort
has been made to identify and mail notice to the address of property owners or
taxpayers of record on file with the King County Assessor.
5. Notice mailed to persons at their known address shall be judged to have been
received by those persons if those persons and their addresses are named in a
declaration of mailing. The failure of any person to actually receive the notice shall
not invalidate any permit or approval.
C. When publishing is required, the following shall apply:
11 of 48
1. Published notice shall be in a newspaper of general circulation within the City
boundaries.
2. The content of the published notice shall include the following:
a. Project location;
b. Project description;
c. Type of permits required;
d. Comment period and dates;
e. Location where the complete application may be viewed.
D. The provisions of this section shall not limit the City's ability to provide additional public
notice by other means of communication.
20.80.150 Combining notices.
The City will combine notices, including SEPA notices, whenever possible provided the
requirements of each individual notice are met by the combined notice. Examples of
combined notice include, but are not limited to:
A. Notice of application, SEPA threshold determination and SEPA appeal notice;
B. Notice of application and Optional DNS process;
C. Notice of application and notice of hearing;
D. Notice of application, notice of hearing, SEPA threshold determination and SEPA appeal
notice.
20.80.160 Public and agency comments.
A. Public and agency comments shall be specific. If no written comments are received by
the date specified in the notice, or if no comments are received by the closing of the
record of a pre -decision hearing, the person or agency is presumed to have no
comments on the matter.
B. The City may accept public and agency comments at any time prior to the closing of the
record of pre -decision hearing or if there is no pre -decision hearing, prior to the decision
on the project permit.
C. A person who only signs a petition shall be considered to not have a substantial interest
in the matter. To be considered as having a substantial interest in a matter, a person
must become a party of record pursuant to MMC 20.80.040(B)(10).
20.80.170 Consistency determination.
A. A proposed project shall be reviewed for consistency with applicable development
regulations, or in the absence of development regulations, the appropriate elements of
the Medina Comprehensive Plan. Consideration shall be given to the following:
1. The type of land use permitted, including uses that may be permitted under certain
circumstances, provided the criteria for their approval is satisfied;
2. The level of development, such as density;
3. The availability and adequacy of infrastructure; and
4. The characteristics of the development such as development standards.
B. Nothing in this section requires documentation or limits the City from asking more
specific or related questions with respect to any of the items in MMC 20.80.170(A).
C. Project permit review shall not reexamine or hear appeals to development regulations or
the comprehensive plan, except for issues relating to code interpretations. Nothing in
this section limits the authority of the City to approve, condition, or deny projects as
provided in the development regulations and the policies adopted under SEPA.
12of48
20.80.180 Report by City staff.
When a project permit application requires a pre -decision hearing, the following shall apply:
A. Following the expiration of the comment period on the notice of application, the City shall
coordinate and assemble the reviews and comments of persons and local, state and
federal agencies that have an interest in the project permit application.
B. The City shall prepare a report evaluating whether the project permit application meets
applicable decision criteria. The report shall include recommended conditions, if
appropriate, and a recommendation on the action to be taken on the application.
C. At least seven days before the pre -decision hearing, the report shall be made available
to the applicant and the public, and a copy transmitted with relevant exhibits to the
hearing body that will decided the matter.
20.80.190 Decisions.
The decision authority specified in the tables in MMC 20.80.060 shall decide the
corresponding project permit application. Decisions shall be subject to the following:
A. The decision authority for a Type 1 or Type 2 decision may approve, approve with
conditions, or deny a project permit application based on the appropriate decision
criteria.
B. The decision authority for a Type 3 decision may approve, approve in part, approve with
conditions, deny, deny in part, or deny with conditions based on the appropriate decision
criteria.
C. Decisions shall be issued within the time period prescribed in MMC 20.80.210.
D. Notice of decision shall be provided pursuant to MMC 20.80.200.
E. A decision issued under this chapter shall be given the effect of a final decision.
However, action is not authorized until expiration of the administrative appeal period; or
if an appeal is filed, not until the decision on the administrative appeal is final.
F. Type 2 and Type 3 decisions shall include written findings based upon the record and
conclusions, which support the decision.
G. A final decision issued by a hearing body shall be issued within 14 days after the
conclusion of a pre -decision hearing, unless a longer period is mutually agreed to
between the applicant and the hearing body.
H. A party of record may file a motion for reconsideration of a Hearing Examiner's decision
pursuant to the provisions set forth in MMC 2.78.090.
20.80.200 Notice of decision.
A notice of decision is issued at the conclusion of the project permit review.
A. The notice of decision may be a copy of the report or decision on the project permit
application, or it may be a separate written notice.
B. The City shall provide a notice of decision that includes the following:
1. A statement of any SEPA threshold determination, if notice was not previously given;
2. The administrative appeal process and time period for filing an appeal, if any;
3. Information on requesting reconsideration of a Hearing Examiner's decision, if
applicable; and
4. A statement that affected property owners may request a change in valuation for
property tax purposes notwithstanding any program or revaluation.
C. The notice of decision shall be mailed by first class postage and/or provided by personal
service to the following:
1. The applicant;
2. Parties of record;
3. Any person submitting a written request to the City to receive the decision;
13of48
4. King County Assessor's office; and
5. Any other party determined appropriate by the City.
20.80.210 Processing timelines.
A. A decision on a project permit application shall be issued within 120 days from the date
the application is determined to be complete pursuant to MMC 20.80.100, except as
follows:
1. The City makes written findings that a specified amount of additional time is needed
for processing the application; or
2. A project permit or approval involves public facilities, utilities or related us of public
areas or facilities if the director determines special circumstances warrant a longer
process.
B. If the City is unable to issue its final decision on a project permit application within the
time limits provided for in this section, it shall provide written notice of this fact to the
parties of record. The notice shall include a statement of reasons why the time limits
were not met, and an estimated date for issuance of the notice of decision.
C. In calculating the 120-day time period, the following days shall be excluded:
1. Any period which the City asks the applicant to correct plans, perform required
studies, or provide additional and the applicant takes to provide the additional
information.
2. Any period where the City determines that submitted information is insufficient or
incorrect, and has requested the applicant provide the necessary information.
3. Any period, not to exceed 30 days, during which a code interpretation pursuant to
MMC 17.08.040 is process in conjunction with an underlying project permit
application.
4. Any period during which an environmental impact statement is being prepared.
5. Any period of time for an administrative appeal or reconsideration of the Hearing
Examiner's decision.
6. Any period of time a project permit application requires approval of an amendment to
the comprehensive plan or development regulation in order to receive permit
approval.
7. Any period of time on a project permit application that is substantially revised by the
applicant, in which case a new 120-day time period shall start from the date at which
the revised project application is determined to be complete.
8. Any extension of time mutually agreed upon by the applicant and the City.
D. All excluded periods are calculated from the date the City notifies the applicant to when
the information satisfies the City's requirement.
E. If the City is unable to issue a decision within the time period prescribed by this section,
the City shall notify the applicant in writing. The notice shall include a statement of
reasons why the time limits have not been met and an estimated date of issuance of a
decision.
F. Failure to comply with the required timelines specified by this chapter shall not create a
liability for damages.
20.80.220 Appeals.
The following shall apply to appeals:
A. Type 1 and Type 2 decisions may be appealed to the Hearing Examiner, subject to the
following:
1. Appeals must be filed within 14 days following issuance of a notice of decision. If a
Determination of Nonsignificance (SEPA) with a comment period is issued
14 of 48
concurrently with the project decision, the appeal period shall be extended an
additional seven days.
2. Only parties of record with standing may initiate an appeal. Standing shall constitute
the following:
a. For a Type 1 decision, only the applicant, property owner, and the City shall have
standing;
b. For a Type 2 decision, the applicant, the City and any person who becomes a
party of record pursuant to MMC 20.80.040(B)(10) shall have standing.
3. The appellant shall have the burden of proof by a preponderance of evidence that
the decision was not supported by substantial evidence, except SEPA threshold
determinations, which the appellant shall have the burden of proof by a "clearly
erroneous" standard.
4. Appeals must be submitted to the City by the date, time and place prescribed in the
legal notice. Appeals shall be in writing and contain at a minimum the following
information:
a. Appellant's name, address and phone number;
b. Identification of the application which is the subject of the appeal;
c. Statement of the specific objections with the decision or findings;
d. Statement of the grounds for appeal and the facts upon which the appeal is
based;
e. A statement of the relief sought, including the specific nature and extent; and
f. A statement attesting to the truthfulness of the information being provided with
the appellant's signature.
5. Administrative appeals are subject to the procedures set forth in MMC 20.80.230.
6. The timely filing of an administrative appeal shall stay the effective date of the
decision until the appeal is either decided or withdrawn. Failure to file a timely and
complete appeal shall constitute waiver of all rights to an administrative appeal under
the Medina Municipal Code.
B. Type 3 decisions may be appealed to King County Superior Court by filing a land use
petition within 21 days pursuant to RCW 36.70C.
C. Exceptions to MMC 20.80.220(A) and (B).
1. Appeal of a decision relating to the Medina Shoreline Master Program shall be to the
Shoreline Hearings Board pursuant to RCW 90.58.140(6).
2. There shall be no administrative appeal of a Type 1 decision on a final short
subdivision.
3. Appeal of a Type 2 decision on a final plat shall be to King County Superior Court by
filing a land use petition within 21 days pursuant to RCW 36.70C.
4. Appeal of a Type 3 decision by the Planning Commission shall be the same as an
appeal of Type 1 and Type 2 decisions set forth in MMC 20.80.220(A).
5. There is no administrative appeal of a SEPA threshold determination associated with
a City Council legislative action.
20.80.230 Administrative appeal procedures.
A. Upon receipt of a complete filing for an administrative appeal and payment of the appeal
fee, the City shall transmit a copy of the appeal to the Hearing Examiner.
1. An appeal involving an open -record appeal hearing shall be decided within 90 days
from the date a complete appeal was filed with the City.
2. An appeal involving a closed -record appeal shall be decided within 60 day from the
date a complete appeal was filed with the City.
B. If there are multiple administrative appeals filed on the same action, they shall be
consolidated and combined into one hearing.
15of48
C. If an appeal of a SEPA threshold determination is filed and action on the project permit
involves a pre -decision hearing, the appeal hearing and pre -decision hearing shall be
combined.
D. The Hearing Examiner may summarily dismiss an appeal in whole or in part without a
hearing, if the Hearing Examiner determines that the appeal is untimely, incomplete,
without merit on its face, frivolous, beyond the scope of the Hearing Examiner's
jurisdiction, or brought merely to secure a delay. Summary dismissal orders shall be
issued within 14 days of receipt by the Hearing Examiner of the appeal or a request for
dismissal, whichever is later.
E. The City shall provide written notice of the appeal hearing at least 14 days prior to the
date of the hearing. The notice may be combined with other notices pursuant to MMC
20.80.150. Written notice shall be sent by at least first class postage to the following:
1. The appellant and the appellant's representative, if any;
2. The applicant and the applicant's representative, if any; and
3. All parties of record.
F. The rules for the conduct of the hearing shall be pursuant to MMC 2.78.060.
G. A final decision shall be issued within 14 days after the conclusion of the hearing or not
later than the time periods set forth in MMC 20.80.230(A), whichever is sooner, unless
the appellant agrees to an extended time period.
H. The Hearing Examiner may affirm, may reverse in whole or in part, or may modify the
permit or decision being appealed, or may remand the matter back to City staff with
directions for further processing.
I. The appeal decision shall include findings based upon the record and conclusions which
support the decision.
J. If the application is remanded back to City staff for further processing, the Hearing
Examiner's decision shall not be considered a final decision, except for purposes of
application time limitations. If a new decision is issued by the City, a new appeal period
shall commence consistent with the provisions of this chapter.
K. Notice of the Hearing Examiner's decision, which may be the decision itself, shall be
provided to all parties to the appeal.
L. Any party to the appeal may file a written petition for reconsideration of the Hearing
Examiner's decision pursuant to MMC 2.78.090.
20.80.240 Development Agreements.
A. The City may enter into a development agreement with a person having ownership or
control of real property within its jurisdiction or outside its boundaries as part of a
proposed annexation or a service agreement. A development agreement sets forth the
development standards and other provisions that shall apply to and govern and vest the
development, use, and mitigation of the development of the real property for the duration
specified in the agreement.
B. A determination of completeness, notice of hearing and a notice of decision are required
pursuant to the provisions of this chapter. The 120-day time limit for the notice of
decision shall not apply to a development agreement.
C. The City Council may approve a development agreement by ordinance or resolution
only.
follows:
Section 2. A new chapter 20.81 of the Medina Municipal Code is adopted to read as
16of48
Chapter 20.81
TEXT CODE AMENDMENTS
20.81.010
Purpose.
20.81.020
Applicability.
20.81.030
Initiation.
20.81.040
Review procedures.
20.81.050
Exception to review procedures.
20.81.060
Public participation.
20.81.070
Notice.
20.81.080
Approval criteria.
20.81.090
Comprehensive plan consistency.
20.81.100
Appeal.
20.81.110
Amendments to the Shoreline Master Program.
20.81.010 Purpose.
This chapter establishes a mechanism for amending the text of Medina's development
regulations.
20.81.020 Applicability.
This chapter applies to text code amendments that revise the text language of development
regulations found in the municipal code; and changes specific standards, procedures,
meanings, and other provisions.
20.81.030 Initiation.
An amendment to the text of a development regulation may be initiated by the City Council,
the Planning Commission, or City staff.
20.81.040 Review procedures.
The following shall apply to processing a text amendment to development regulations.
A. The amendment shall be reviewed by the Planning Commission, except as provided for
in MMC 20.81.050.
B. After considering the amendment, the Planning Commission shall vote and forward a
written recommendation to the City Council.
C. At least one public hearing shall be held prior to the City Council taking action on an
amendment. The public hearing may be held before the Planning Commission, the City
Council, or both.
D. City staff shall prepare a report on the amendment to be presented to the hearing body
considering the amendment.
E. Notice of hearing shall be provided pursuant to MMC 20.81.070.
F. The City Council may approve, approve with modifications, remand to the Planning
Commission for further proceedings, or deny the amendment.
20.81.050 Exception to review procedures.
A. The following are exempt from the procedures set forth in MMC 20.81.040:
1. Text amendments involving minor corrections that do not result in any substantive
changes to the content or meaning of a regulation (such as correcting punctuation or
numbering sequences); or
2. Adoption of State Building, Electrical and Energy Codes pursuant to title 19 RCW.
17of48
B. Review procedures for exemptions shall include City staff making a recommendation to
the City Council, which may approve, modify and approve, remand to City staff for
further analysis, or deny the amendment.
C. A public hearing is not required for text amendments involving minor corrections.
20.81.060 Public participation.
The public participation prescribed in MMC 20.83.110 shall be considered in processing text
amendments to development regulations.
20.81.070 Notice.
A. Published notice of a public hearing shall be given in a newspaper of general circulation
within the City boundaries at least 15 calendar days prior to the hearing date. However,
subsequent hearing dates on the same proposal being considered by the same hearing
body do not require additional publication of notice.
B. Posted notice shall be given in the same manner as Planning Commission and City
Council regular meetings.
C. The content of the notice shall include:
1. The time and place of the public hearing;
2. A purpose statement which succinctly describes the proposal;
3. A statement of the right of any person to submit written comments and to appear at
the public hearing and give comments orally; and
4. A statement of the availability of the official file.
D. Notice of the text amendment shall be transmitted to state agencies consistent with
RCW 36.70A.106.
20.81.080 Approval criteria.
The City Council may amend the text of a development regulation only if it finds:
A The proposed amendment is consistent with the goals, policies and provisions of the
Medina Comprehensive Plan;
B The proposed amendment bears a substantial relation to public health, safety, or
welfare; and
C The proposed amendment advances the public interest of the community.
20.81.090 Comprehensive plan consistency.
If a comprehensive plan amendment is required to satisfy the approval criteria in MMC
20.81.080, approval of the comprehensive plan amendment is required prior to or
concurrently with the granting of an approval of a text amendment to a development
regulation.
20.81.100 Appeal.
City Council action on an ordinance to adopt a text amendment is a final decision, but may
be reviewable by filing a petition for review with the Central Growth Management Hearings
Board in accordance with RCW 36.70A.290, except as otherwise provided by law.
20.81.110 Amendments to the Shoreline Master Program.
This section applies to an amendment to chapter 18.08 MMC, Shoreline Management
Program.
18 of 48
A. Review procedures are prescribed in chapter 173-26 of the Washington Administrative
Code. A minimum of one public hearing shall be held prior to City Council action on a
proposed amendment.
B. A City Council decision approving an amendment to the shoreline master program shall
be transmitted to the Washington State Department of Ecology, which will approve,
recommend specific changes necessary to make the amendment consistent with
chapter 90.58 RCW and applicable guidelines, or deny the amendment.
C. Approval by the Washington State Department of Ecology is required before an
amendment to the Shoreline Master Program goes into effect.
Section 3. A new chapter 20.82 of the Medina Municipal Code is adopted to read as
follows:
Chapter 20.82
AREA -WIDE ZONING MAP AMENDMENTS
20.82.010
Purpose.
20.82.020
Applicability.
20.82.030
Initiation.
20.82.040
Review procedures.
20.82.050
Public participation.
20.82.060
Notice.
20.82.070
Approval criteria.
20.82.080
Comprehensive plan consistency.
20.82.090
Appeal.
20.82.010 Purpose.
This chapter establishes a mechanism for area -wide reclassification of land from one zoning
district to another zoning district.
20.82.020 Applicability.
A. This chapter applies to an amendment of the City's Official Zoning Map adopted
pursuant to MMC 17.04.010. This chapter does not apply to a site -specific
reclassification of land that is a quasi-judicial rezone subject to chapter 17.94 MMC.
B. The review procedures set forth in this chapter shall apply to an area -wide zoning map
amendment:
1. That is consistent with and implements the land use map of the comprehensive plan;
and
2. An amendment to the comprehensive plan is not required.
C. If an amendment to the comprehensive plan is required, the City has the option to:
1. Combine the area -wide zoning map amendment with the comprehensive plan
amendment under the procedures set forth in chapter 20.83 MMC; or
2. Process the area -wide zoning map amendment separately from the comprehensive
plan amendment, provided MMC 20.82.080 is fulfilled.
20.82.030 Initiation.
An area -wide zoning map amendment may be initiated by the City Council, Planning
Commission, or City staff.
19 of 48
20.82.040 Review procedures.
The following shall apply to processing an amendment to the Official Zoning Map.
A. The amendment shall be reviewed by the Planning Commission.
B. The City staff shall prepare a report on the amendment to be presented to the Planning
Commission.
C. The Planning Commission shall hold at least one public hearing on the amendment.
Notice of hearing shall be provided pursuant to MMC 20.82.060.
D. After consideration of the amendment, the Planning Commission shall vote and transmit
a copy of its recommendation to the City Council
E. The City Council at a public meeting shall consider the Planning Commission's
recommendation. The City Council may schedule public hearings as necessary to
support consideration of the Planning Commission's recommendation.
F. The City Council may approve, approve with modifications, remand to the Planning
Commission for further proceedings, or deny the amendment.
G. The procedures in this section shall constitute the minimum necessary and nothing in
this section shall prohibit the City from requiring additional procedures to allow for more
effective public participation.
20.82.050 Public participation.
The public participation prescribed in MMC 20.83.110 shall be considered in processing an
area -wide zoning map amendment.
20.82.060 Notice.
A. Published notice for a public hearing shall be given in a newspaper of general circulation
within the City boundaries at least 15 calendar days prior to the hearing date. However,
subsequent hearing dates on the same proposal being considered by the same body do
not require additional publication of notice.
B. Posted notice shall be given in the same manner as Planning Commission and City
Council regular meetings.
C. The content of a notice shall include:
1. The time and place of the public hearing;
2. A purpose statement which succinctly describes the proposal;
3. A statement of what areas, zones and/or locations will be directly affected or
changed by the proposal;
4. A statement of the right of any person to submit written comments and to appear at
the public hearing and give comments orally; and
5. A statement of the availability of the official file.
D. Notice of the area -wide zoning map amendment shall be transmitted to state agencies
consistent with RCW 36.70A.106.
E. Mailed notice sent by first class postage shall be given to all property owners with
property being considered for a reclassification of the zoning. The provisions for mailing
set forth in MMC 20.80.140(B)(3) through (5) shall apply.
20.82.070 Approval criteria.
The City Council may amend the Official Zoning Map if it finds:
A. The proposed amendment is consistent with the goals, policies and provisions of the
Medina Comprehensive Plan;
B. The proposed amendment bears a substantial relation to public health, safety, or
welfare; and
20 of 48
C. The proposed amendment advances the public interest of the community.
20.82.080 Comprehensive plan consistency.
If a comprehensive plan amendment is required to satisfy the approval criteria in MMC
20.81.070, approval of the comprehensive plan amendment is required prior to or
concurrently with the granting of an approval of an amendment to the Official Zoning Code
Map.
20.82.090 Appeal.
City Council action on an ordinance to adopt amendments to the official zoning map is a
final decision, but may be reviewable by filing a petition for review with the Central Growth
Management Hearings Board in accordance with RCW 36.70A.290, except as otherwise
provided by law.
Section 4. A new chapter 20.83 of the Medina Municipal Code is adopted to read as
follows:
Chapter 20.83
COMPREHENSIVE PLAN AMENDMENTS
20.83.010
Purpose.
20.83.020
Applicability.
20.83.030
Initiation.
20.83.040
Annual amendment process.
20.83.050
Outside the annual amendment process
20.83.060
Amendment submittal.
20.83.070
Application.
20.83.080
Cumulative effects.
20.83.090
State Environmental Policy Act review.
20.83.100
Review procedures.
20.83.110
Public participation.
20.83.120
Notice.
20.83.130
Approval criteria.
20.83.140
Appeal.
20.83.010 Purpose.
This chapter establishes a mechanism for amending the Medina Comprehensive Plan. It
provides for simultaneous review of proposals to allow cumulative impact analysis of all
applications on a citywide basis and honors the community's long-term investment in the
comprehensive plan, through public participation.
20.83.020 Applicability.
This chapter applies to text amendments to the language of the comprehensive plan and/ or
to amendments of the comprehensive plan land use map.
20.83.030 Initiation.
An amendment to the text of the comprehensive plan or an amendment to the
comprehensive plan land use map may be initiated by any person or entity.
21 of 48
20.83.040 Annual amendment process.
The City Council shall consider amendments to the Medina Comprehensive Plan no more
than once each calendar year, except as provided in MMC 20.83.050.
20.83.050 Outside the annual amendment process.
The City Council may consider amendments to the comprehensive plan outside of the
annual amendment process set forth in MMC 20.83.040 for the following:
A. The initial adoption of a subarea plan that clarifies, supplements, or implements
comprehensive plan policies and have had cumulative impacts addressed pursuant to
MMC 20.83.080;
B. The adoption or amendment of a shoreline master program under the procedures set
forth in chapter 90.58 RCW;
C. The amendment of the capital facilities element of a comprehensive plan that occurs
concurrently with the adoption or amendment of the City's budget;
D. The adoption of comprehensive plan amendments necessary to enact a planned action
under RCW 43.21 C.031(2); and
E. Whenever an emergency exists or to resolve an order from the Central Puget Sound
Growth Management Hearings Board or court.
20.83.060 Amendment submittal.
A. Applications to amend the comprehensive plan shall be submitted to the City.
B. Applications shall be assigned to a docket consisting of all comprehensive plan
amendment applications received during the preceding 12 months from the date
prescribed in MMC 20.83.060(C). A current copy of the docket shall be maintained by
the City and shall be available for public inspection during regular business hours.
C. An application must be received by the City by the last business day in September to be
included in the upcoming annual amendment process. Applications received after this
deadline shall be placed on the next docket for the following annual amendment
process, except as provided in MMC 20.83.060(D).
D. The City manager or designee may, at his or her sole discretion, accept applications
filed after the deadline if review has not begun on the pending applications and
acceptance of the late application will not have a significant impact on the processing of
the pending applications.
E. Applications must be complete pursuant to MMC 20.83.070 for acceptance by the City.
Incomplete applications will not be accepted for filing.
20.83.070 Application.
This section shall not apply to comprehensive plan amendments initiated by the City
Council, Planning Commission, or City staff. All other applicants shall submit an application
on a form provided by the City and include the following information:
A. Name and address of the person or persons proposing the amendment;
B. A completed environmental checklist (SEPA);
C. A description and/or map of the proposed amendment;
D. A written statement explaining the following
1. The purpose for the proposed amendment;
2. How the amendment is consistent with the Washington State Growth Management
Act;
3. How the amendment is consistent with the adopted countywide planning policies;
and
22 of 48
4. How the amendment furthers the purpose of the City's comprehensive plan.
E. An application fee set forth in the fee schedule. Additionally, the applicant maybe
responsible for costs pursuant to MMC 20.83.090(B).
20.83.080 Cumulative effects.
Except as otherwise provided in MMC 20.83.050, all proposed annual amendments to the
comprehensive plan shall be considered concurrently so the cumulative effect of the various
proposals can be ascertained. The analysis of the cumulative effects shall be conducted
under State Environmental Policy Act (SEPA) review prescribed in 20.83.080.
20.83.090 State Environmental Policy Act review.
A. After each January 2nd, the City's Responsible Official shall review the cumulative
environmental effect of all proposed Comprehensive Plan amendments, pursuant to the
State Environmental Policy Act (RCW 43.21 C).
B. If the responsible official determines that a draft final or supplemental environmental
impact statement (EIS) or other appropriate environmental review is warranted,
applicants may be responsible for a full or proportionate share of the costs to prepare
the environmental analysis as determined by the Responsible Official.
C. Payment of a full or proportionate share of the costs to prepare the environmental
analysis does not guarantee the proposed comprehensive plan amendment will be
approved.
20.83.100 Review procedures.
A. The City staff shall prepare a report on the submitted amendments to be presented to
the Planning Commission. Amendments not initiated by the City shall be presented as
submitted, unless the applicant agrees otherwise.
B. The Planning Commission shall hold at least one public hearing on the docket of
amendments. Notice of hearing shall be provided pursuant to MMC 20.83.120.
C. After considering each amendment on the docket, the Planning Commission shall vote
and forward to the City Council a written recommendation on each amendment. The
Planning Commission may modify City initiated amendments, but may not modify
amendments initiated by other entities unless the applicant agrees otherwise.
D. Within 60 days of receipt of the Planning Commission's recommendations, the City
Council at a public meeting shall consider the same.
1. The City Council may schedule public hearings as necessary to consider the
Planning Commission's recommendations.
2. If the City Council makes a substantial modification to the Planning Commission's
recommendation, and the modification was not previously considered by the
Planning Commission, at least one public hearing shall be held on the modification
prior to the City Council taking action on the amendment.
E. The City Council shall vote to approve, modify and approve, or deny each of the
Planning Commission's recommendations, or the City Council may remand an
amendment to the Planning Commission for further proceedings. If an amendment is
remanded, the City Council shall specify the time within which the Planning Commission
shall report back to the City Council its findings and recommendations on the matters
referred to it.
F. An affirmative vote of not less than a majority of total members of the City Council shall
be required for adoption of an ordinance to approve amendments to the comprehensive
plan.
23 of 48
G. The procedures in this section shall constitute the minimum necessary and nothing in
this section shall prohibit the City from 'requiring additional procedures that allow for
more effective public participation.
20.83.110 Public participation.
A. Pursuant to RCW 36.70A.140, the City's efforts to amend the comprehensive plan shall
include early and continuous public participation.
B. The City shall provide broad dissemination of proposals and alternatives, opportunity for
written comments, public meetings after effective notice, provision for open discussion,
communication programs, information services, and consideration of and response to
public comments. Notice shall be reasonably calculated to provide notification to
property owners and other affected and interested individuals, tribes, government
agencies, businesses, school districts, and organizations of proposed amendments to
the comprehensive plan.
20.83.120 Notice.
A. Published notice for a public hearing shall be given in a newspaper of general circulation
within the City boundaries at least 15 calendar days prior to the hearing date. However,
subsequent hearing dates on the same proposal being considered by the same body do
not require additional publication of notice.
B. Posted notice shall be given in the same manner as Planning Commission and City
Council regular meetings. For a site specific proposal, notice shall be provided as set
forth in MMC 20.80.120.
C. The content of a notice shall include:
1. The time and place of the public hearing;
2. A purpose statement which succinctly describes the proposal;
3. A statement of what areas, zones and/or locations will be directly affected or
changed by the proposal;
4. A statement of the right of any person to submit written comments and to appear at
the public hearing and give comments orally; and
5. A statement of the availability of the official file.
D. Notice of the text amendment shall be transmitted to state agencies consistent with
RCW 36.70A.106.
E. The requirements for notice shall not limit the City's ability to provide additional means of
notice consistent with MMC 20.83.110.
20.83.130 Approval criteria.
The City Council may amend the comprehensive plan if it finds:
A. The amendment is consistent with the Growth Management Act (chapter 36.70A RCW);
B. The amendment is consistent with countywide planning policies;
C. The amendment does not conflict with other goals, policies, and provisions of the
Medina Comprehensive Plan;
D. The amendment is compatible with existing or planned land uses and the surrounding
development pattern; and
E. The amendment will result in long-term benefit to the community as a whole and
advances the public interest of the community.
24 of 48
20.83.140 Appeal.
City Council action on an ordinance to adopt amendments to the Medina Comprehensive
Plan is a final decision, but may be reviewable by filing a petition for review with the Central
Growth Management Hearings Board in accordance with RCW 36.70A.290, except as
otherwise provided by law.
Section 5: Section 2.78.065 of the Medina Municipal Code is amended to read as
follows:
Where unnecessary hardships and practical difficulties are created for the landowner in the
application of the provisions of the zoning ordinances, the Hearing Examiner shall have
power, in passing on applications therefore, to grant a variance in harmony with the general
purpose and intent of said zoning ordinances and such variances may vary any rules,
regulations or provisions of the zoning ordinances relating to the use of land and/or
structures so that the spirit of the ordinances will be observed, public safety secured, and
substantial justice done.
A. The Hearing Examiner shall not vary any of the rules, regulations, or provisions of the
zoningordinances unless it finds after publi„ he riRg
((, ,)) that all of the following
conditions exist in each case of an application for variance:
1. Exceptional or extraordinary circumstances apply to the property itself, such as lot
size, shape or topography, which does not apply generally to all other properties in
the same zone or vicinity. Qualifying circumstances shall not be the result of the
actions of the applicant or of the wrongful actions of any previous owner that the
applicant was aware of or that the applicant should have been aware of with the
exercise of reasonable care.
2. The variance is necessary for the preservation of a property right of the applicant
substantially the same as is possessed by owners of other property in the same zone
or vicinity.
3. The granting of the variance will not be detrimental to the public welfare or injurious
to the property or improvements in the vicinity and zone in which the subject property
is located.
4. The granting of a variance will not constitute a grant of special privilege inconsistent
with the limitations on other properties in the same zoning district.
5. The variance is necessary to relieve a material hardship, which cannot be relieved by
any other means. The material hardship must relate to the land itself and not to
problems personal to the applicant.
6. The variance permitted is the minimum variance necessary.
7. The variance is compatible with and meets the spirit of the comprehensive plan.
B. A variance shall be processed as a Type 3 decision pursuant to chapter 20.80 MMC
C. In determining whether to approve an application for a variance, evidence of variances
granted under similar circumstances shall not be considered.
((Q))D. In authorization of a variance, the Hearing Examiner may attach such conditions
regarding the location, character and other features of the proposed structure as he or
she may deem necessary to carry out the spirit and purpose of the Medina zoning code
and the public interest.
Section 6: Section 12.06.020 of the Medina Municipal Code is amended to read as
follows:
12.06.020 ((€xGavation)) Right -of -Way permit required.
25 of 48
It shall be unlawful for any person to dig up, cut into, mar, deface, alter, break, excavate,
tunnel, undermine or in any manner break up any street or to make or cause to be made
any excavation in or under the surface of any street any earth or other excavated material
obstructing or tending to interfere with the free use of the street, unless such person shall
first have obtained a right-of-way permit pursuant to chapter 20.80 MMC and the provisions
of this chapter. (( .))
Section 7: Section 12.06.030 of the Medina Municipal Code is amended to read as
follows:
No ((exea )) right-of-way permit shall be issued unless a written application for the
issuance of ((aR eXGayati )) a right-of-way permit is submitted to the city engineer or
designee. The written application shall state the name and address of the applicant, the
nature, location and purpose of the excavation, the date of commencement and date of
completion of the excavation, and other data as may reasonably be required by the city's
designee. The application shall be accompanied by plans showing the extent of the
proposed excavation work, the dimensions and elevations of both the existing ground prior
to said excavation and of the proposed excavated surfaces, the location of the excavation
work, and such other information as may be prescribed by the city's designee.
Section 8: Section 12.06.040 of the Medina Municipal Code is amended to read as
follows:
Fees charged for issuance of ((exsavatiGR)) right-of-way permits are specified in the fee
schedule adopted pursuant to chapter 3.64 MMC. (( ,
Med+Ra Gity Hall.))
Section 9: Section 12.06.060 of the Medina Municipal Code is amended to read as
follows:
Before ((aR GXGayatiea)) a right-of-way permit as herein provided is issued, the applicant
shall deposit with the city clerk a surety bond in such reasonable amount as set by the city's
designee payable to the city. The required surety bond must be:
A. With good and sufficient surety;
B. By a surety company authorized to transact business in the state;
C. Satisfactory to the city attorney in form and substance;
D. Conditioned upon the permittee's compliance with this chapter to fill up, restore and
place in good and safe condition as near as may be to its original condition, and to the
satisfaction of the city's designee, all openings and excavations made in streets, and to
maintain any street where excavation is made in as good condition for the period of 24
months after said work shall have been done, usual wear and tear excepted, as it was in
before said work shall have been done. Any settlement of the surface within said two-
year period shall be deemed conclusive evidence of defective backfilling by the
permittee. Nothing herein contained shall be construed to require the permittee to
maintain any repairs to pavement made by the city if such repairs should prove
defective. Any owner of real estate repairing or engaging another to repair his own
sidewalk shall not be required to give such bond. An annual bond may be given under
this provision which shall remain in force for one year conditioned as above, in the
amount specified above and in other respects as specified above but applicable as to all
excavation work in streets by the principle in such bond during the term of one year from
said date.
26 of 48
Section 10: Section 12.06.170 of the Medina Municipal Code is amended to read as
follows:
Property lines and limits of easements shall be indicated on the plan of excavation
submitted with the application for the ((eXGaaa iGR)) right-of-wav permit and it shall be the
permittee's responsibility to confine excavation work within these limits.
Section 11: Section 12.06.220 of the Medina Municipal Code is amended to read as
follows:
Backfilling in any street opened or excavated pursuant to ((aR eXGaVati )) a right-of-way
permit issued hereunder shall be compacted to a degree equivalent to that of the
undisturbed ground in which the trench was dug (or compacted to 95 percent of modified
Proctor (ASTM D1557) whichever is greater). Compacting shall be done by mechanical
tappers or vibrators, by rolling in layers, or by water settling, as required by the soil in
question and sound engineering practices generally recognized in the construction industry.
When water is taken from a hydrant the permittee shall assign one person to operate the
hydrant and shall make certain that said person has been instructed in the operation of the
hydrant. The city water purveyor shall likewise be notified at both the beginning and end of
the job so that the condition of the fire hydrants can be checked on both occasions. Any
damage done to the hydrant during the excavation shall be the responsibility of the
permittee. Water shall be paid for by the permittee on the terms agreed upon with the city
water purveyor.
Section 12: Section 12.08.010 of the Medina Municipal Code is amended to read as
follows:
A. It is unlawful to dig or cut into or mar, deface or alter, any road or street right-of-way,
whether improved or unimproved, without first obtaining, and in compliance with the
terms of a right-of-way permit pursuant to chapter 20.80 MMC and the provisions of this
chapter ((
may be ))•
1. No permit shall be issued unless the action proposed is reasonably necessary and is
consistent with the comprehensive plan and the street design standards referenced
therein.
2. All such permits shall require that adequate warning or protective structures, signs,
signals or devices will be maintained until the right-of-way is restored and that
restoration will be accomplished in a reasonable time specified therein to a condition
substantially equal to its prior condition, to the decided satisfaction of the city
manager.
3. In the event of failure to restore the right-of-way as set forth above, the city shall have
the right, but not the obligation, to restore the right-of-way to its prior condition and to
charge all costs thereof to the applicant. A lien for such costs may be placed against
any property of the applicant within the city and enforced as a mechanics lien
pursuant to the laws of the state.
B. Any permit issued under this section shall state the location of the proposed action, why
it is necessary, whether or not warning or protective structures, signs, signals or devices
shall be maintained, the time within which the road or street right-of-way must be
restored, and the deposit or bond, if any, required to protect the city in its restoration.
C. Fees charged for issuance of right-of-way permits are specified in the fee schedule
adopted pursuant to chapter 3.64 MMC and ((There .s a permit foe of $25 00 foF ■ erL
)) where there is any cutting of the
surfaced portion, (( )) a deposit
27 of 48
or bond may be required ((iR additi9R,)) in an amount sufficient to assure adequate and
timely restoration. Upon such restoration, any deposit shall be returned or bond
released; otherwise, the person authorized may withhold so much of the deposit as may
be necessary to assure such restoration or instruct the city attorney to bring action
against the permittee and/or his surety.
D. Violation of any of the provisions of this section is a misdemeanor, and shall be
punishable by a fine of not to exceed $300.00 or by imprisonment for not to exceed 90
days, or both.
Section 13: Section 12.28.030 of the Medina Municipal Code is amended to read as
follows:
The tree preservation and replacement requirements of this chapter apply to removal of
trees on all newly developed and reconstructed property in the city and for removal of trees
20 inches DBH and greater on private property at any time.
A. A tree removal permit is required for removal of significant trees:
1. On public property or within a city right-of-way area;
2. On land under new development or reconstruction or involving land alteration;
3. Greater than or equal to 20 inches DBH on private property at any time.
B. A tree removal permit is required for landscape improvements:
1. Along minor arterial and collector street rights -of -way as designated in MMC
10.08.010, which abut properties under development or reconstruction;
2. Along NE 8th Street, 82nd Avenue NE between NE 8th Street and NE 12th Street,
84th Avenue NE (south of NE 12th Street), and Evergreen Point Road (north of 78th
Place NE) street rights -of -way as designated in MMC 10.08.010, which abut
properties under development or reconstruction;
3. Associated with tree replacement requirements in this chapter;
4. Within 200 feet of the ordinary high water mark of Lake Washington;
5. Associated with clearing and grubbing.
(( , will be issued by the Gity of MediRa based on
))
Section 14. A new Section 12.28.035 of the Medina Municipal Code is adopted to
read as follows:
12.28.035 Tree removal permit required - private property.
A. When the provisions in MMC 12.28.030 apply to private property, an administrative tree
removal permit is required, except as provided in MMC 12.28.055.
B. Administrative tree removal permits are a Type 1 decision processed pursuant to
chapter 20.80 MMC and the criteria and conditions established in this chapter.
Section 15: Section 12.28.055 of the Medina Municipal Code is amended to read as
follows:
A. A non -administrative tree removal permit shall be required when removal of a significant
tree from private property involves a tree having a 50-inch or -greater DBH and the tree
((
)) is not located within the new building footprint on
properties undergoing development. ((may GRIP be -granted bthe -"ear°,,.F
,
28 of 48
.))
B. Non -administrative tree removal permits are a Type 3 decision processed pursuant to
chapter 20.80 MMC and the following:
1. Applications shall be submitted containing the information set forth in MMC
12.28.160; and
2. The decision on the permit shall be based on the criteria set forth in MMC
12.28.180(A) through (E).
C. Removal of a significant tree from private property where such tree is a minimum of 50-
inch DBH and is located within the new building footprint on properties undergoing
development is allowed pursuant to the replacement provisions of MMC 12.28.060(C).
Section 16: Section 12.28.140 of the Medina Municipal Code is amended to read as
follows:
12.28.140 Tree trimming or removal permit ((wed)) - public right-of-way.
A. No tree located in a city right-of-way shall be trimmed, pruned or removed without first
obtaining a right-of-way tree trimming/ removal permit ((
)) as prescribed in MMC 12.28.170.
B. Repealed by Ord. 798.
C. Tree trimming and pruning of trees in the right-of-way by owners of the property adjoining
the right-of-way shall be exempted from obtaining a permit as outlined in MMC
17.28.140(A) (( )) if such tree trimming follows ANSI
standards, does not endanger the life of the tree, and the limbs involved do not exceed
three inches in diameter and 25 percent of the canopy of the tree.
D. Removal of trees shall be allowed in emergency situations involving immediate danger to
life or property or substantial fire hazards with the prior consent of the city manager or
designee.
E. No permit is required to remove a significant tree that is found to be hazardous by the
city arborist through an evaluation that follows the methodology referenced in the
definition of "hazardous tree" found in MMC 12.28.020.
F. The city is exempt from the above permit requirements for trimming, pruning or removal of
any tree in the city right-of-way.
Section 17: Section 12.28.170 of the Medina Municipal Code is amended to read as
follows:
A. When an application to remove, prune or trim a tree in the public right-of-wav is provided
by a property owner adjoining the subject right-of-way, the following shall apply:
1. The application shall be for an administrative right-of-way tree trimming/ removal
permit:
2. The application shall be processed as a Type 2 decision pursuant to chapter 20.80
MMC; and
3. The decision on the permit shall be based on the criteria set forth in MMC 12.28 180
((
•))
B. When an application to remove, prune or trim a tree in the public right-of-way is provided
by a property owner who is not adjoining the subject right-of-way, the following shall
apply:
1. The application shall be for a non -administrative right-of-way tree trimming/ removal
permit;
29 of 48
2. The application shall be processed as a Type 3 decision pursuant to chapter 20.80
MMC; and
3. The decision on the permit shall be based on the criteria set forth in MMC 12.28.180.
((
•))
Section 18: Section 12.28.180 of the Medina Municipal Code is amended to read as
follows:
An application for a permit subject to the provisions of this section shall not be approved
unless the following requirements are met ((
. )):
A. The application is compatible with the inteF's designee
nt of the comprehensive plan;
B. The application is consistent with the public interest in maintaining an attractive and safe
environment;
C. The application has no materially detrimental effects on nearby properties;
D. All significant trees shall be retained in rights -of -way unless removal is necessary for
access or for safety reasons, including trees in danger of falling or losing limbs and trees
which need to be removed to provide adequate lines of vision for persons in vehicles.
This criterion does not apply to trees that do not meet the definition of "significant tree"
found in MMC 12.28.020;
E. Replacement tree mitigation for significant tree removal shall be in accordance with the
requirements of this chapter;
F. All trimming must be performed in a manner approved by the Ci ((the heaFing
OF Gity FnaRageF or )) and shall conform to the following requirements:
1. Any trimming must not exceed 25 percent of the canopy of the tree in the area
unless necessary to provide adequate relief;
2. The relief requested must not unreasonably interfere with the adjoining property
owners' rights to the use and enjoyment of the right-of-way including but not limited
to said owners' interest in landscaping, aesthetics, erosion control, noise control,
shade and development of the unimproved portion of the right-of-way in a manner
consistent with the development of the adjoining and surrounding properties;
3. The proposed trimming must not cause any unnecessary mutilation or damage to the
trees and should be in accordance with ANSI Standard A300;
(( ,
))
Section 19: Section 12.28.190 of the Medina Municipal Code is amended to read as
follows:
12.28.190 Supplemental notice requirements (( )).
This section supplements the requirements set forth in MMC 20 80 140(A) for posting
notices for right-of-way tree trimming/ removal permits
A. Notice shall be posted on or near the subject tree or trees in a manner that clearly
identifies all trees being considered under the application.
B. The City may require additional notices to be posted when in the opinion of the City
manaaer or designee it is determined necessary to provide reasonable notification to the
public of the pending application.
((The tFee eF tFees iR que6t*OR must be posted with a RGtiGe ef appliGatieR feF a peFied ef at
30 of 48
Section 20: Section 12.28.230 of the Medina Municipal Code is amended to read as
follows:
A. All tree trimming, pruning and/or removal in city rights -of -way to be accomplished by a
public or private utility for any purpose shall not be performed without first obtaining a
non -administrative right-of-way tree trimming/ removal permit pursuant to the process in
chapter 20.80 MMC ((anpFevad by the—",eatir in aeeoTdaRGe with t
B. Prior to a hearing before the hearing examiner, the permit applicant shall submit a
comprehensive work plan to the city manager or the city manager's designee for review
and concurrence.
C. A permit applicant's work plan shall adhere to the provisions found in other applicable
sections of Chapter 12.28 MMC as well as any special provisions as defined by the city
manager or the city manager's designee and consistent with the purpose statements in
MMC 12.28.010.
Section 21: Section 12.28.260 of the Medina Municipal Code is hereby repealed:
ON. 1.1011
Section 22: Chapter 14.04 of the Medina Municipal Code is hereby repealed:
31 of 48
■ ■N
1r.. �.,=
=.A
Section 23: Section 14.08.030 of the Medina Municipal Code is amended to read as
follows:
14.08.030 (( )) Review Procedures.
Administrative review of applications under this chapter shall be processed as Tvpe 2
decisions pursuant to chapter 20.80 MMC.
((
.
1(46aWAP 1;
days ef the date appeaFiRg ei; the mailed .))
Section 24: Section 14.08.040 of the Medina Municipal Code is hereby repealed:
(( .
REW
..
37 of 48
Section 25: Section 14.08.050 of the Medina Municipal Code is hereby repealed:
,.
W.
..
iei_
_ ,
-
-9
t -_.- -_`
Section 26: Section 14.08.060 of the Medina Municipal Code is hereby repealed:
Section 27: Section 15.20.010 of the Medina Municipal Code is amended to read as
follows:
A. The requirements of this chapter shall apply to all construction projects requiring a
building permit issued by the city. Unless waived by the city manager or city manager's
designee, a construction mitigation plan application shall be submitted with all
applications for building permit. Projects constructed in multiple phases shall be
considered as a single project for determining the type of the construction mitigation
plan, for identifying construction impacts, and for evaluating proposed mitigation
measures.
B. All construction projects shall comply with the requirements of the Medina construction
code of conduct or a tailored construction mitigation plan.
C. A tailored construction mitigation plan shall be required if a proposed project meets one
or more of the conditions outlined in subsection (C)(1) or (C)(2) of this section.
1. (( irvtfatiYe)) Level 1.
a. Total floor area of all structures or portions of structures which are the subject of
the permitted construction exceeds 25 percent of lot area and 3,000 square feet;
b. Total project cost is estimated to exceed $750,000;
c. On -site parking for at least three vehicles associated with the construction activity
is not available;
d. Power, water, or sewer service to any other property within Medina will be
interrupted on more than one occasion during construction;
e. Construction is proposed within the building setback(s) on a building structure
that is located in a setback area;
f. Use of private lane or shared driveway is proposed for parking, staging of
construction -related vehicles, loading or off-loading of equipment, or loading or
off-loading of materials;
g. Project is located within 600 feet of the Medina Elementary School, the Bellevue
Christian School, or the Saint Thomas School.
38 of 48
2. ((PUbliG WeaFi )) Level 2.
a. Total construction costs exceed $1,500,000. This cost figure shall be updated
annually by applying the consumer price index for each year after the date of the
ordinance codified in this chapter.
b. Total quantity of excavated soils exceeds 2,000 cubic yards.
c. Construction activities (except as exempt per MMC 18.12.110) occur in landslide
hazard area.
d. Use of tower crane during construction.
Section 28: Section 15.20.050 of the Medina Municipal Code is amended to read as
follows:
A. Construction Code of Conduct. Prior to the issuance of any permits for grading,
demolition or construction, the property owner(s), agent, and contractor shall sign the
city of Medina construction code of conduct and the signed construction code of conduct
shall be submitted as an attachment to the building or development permit application.
B. Tailored Construction Mitigation Plan.
1. Level 1 Tailored Construction Mitigation Plans shall be processed as a Type 2
decision pursuant to chapter 12.80 MMC ((Adminis#Fative ApPFGyal. PF49F W tl4
)). The proposed mitigation plan
shall be signed by the property owner(s), agent, and contractor and submitted by the
applicant, as an attachment to the building permit application.((,
))
2. Level 2 Tailored Construction Mitigation Plans shall be processed as a Type 3
decision pursuant to chapter 12.80 MMC ((
the-sfty mew the proposed FnitigatieR p )) The final tailored
construction mitigation plan shall include signatures of the property owner(s), agent,
and consultant, and may include provisions for any of the items described in MMC
15.20.030. ((The Medina plaRRing Gammi6sien shall net be Fequ*Fed te approve an
))
3. A tailored construction mitigation plan shall not be approved unless the adverse
consequences of proposed construction on adjacent and nearby properties have
been reasonably mitigated for based on the evaluation criteria and mitigation
measures set forth in this chapter.
39 of 48
4. A tailored construction mitigation plan must be approved before permits for -grading,
demolition or construction may be issued.
(( .))
Section 29: Section 15.20.060 of the Medina Municipal Code is amended to read as
follows:
((fie)) An approved construction mitigation plan may be revised from time to time to modify,
eliminate or add mitigation measures. Modifications may be made by agreement between
the applicant and the city manager or city manager's designee, provided:
A. ((
)) Revisions to an approved construction
mitigation plan shall be processed as a Type 2 decision as set forth in chapter 20.80
MMC;
B. ((
)) The public comment shall be 15 days; and
C. ((
).)) If duringthe comment period, the City receives a written objection to the
revisions, the revisions shall be submitted to the Medina planning commission for
consideration as a Type 3 decision subject to the hearing decision and appeal
provisions set forth in chapter 20.80 MMC.
Section 30: Section 15.20.070 of the Medina Municipal Code is hereby repealed:
((158 Appeal.
RRIP now
MCI
.,
, i�e
Section 31: Section 17.56.020 of the Medina Municipal Code is amended to read as
follows:
A. All applications for conditional or special use permits shall be processed as a Type 3
decision pursuant to chapter 20.80 MMC (( )) unless
the application is eligible for administrative review per MMC 14.08.020(B). 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;
40 of 48
2. Location of proposed facility on said property and upon all adjacent property;
Medina Municipal Code 17.56.052
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.
Section 32: Section 17.56.030 of the Medina Municipal Code is hereby repealed:
Section 33: Section 17.56.040 of the Medina Municipal Code is hereby repealed:
((
bead ))
Section 34: Section 17.56A.020 of the Medina Municipal Code is amended to read
as follows:
A. A historical use permit shall be processed as a Type 3 decision pursuant to chapter
20.80 MMC. (( ,
))
((A))B. The contents of the application shall include the information prescribed in MMC
17.56.020 and 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.
((B))C. The decisional criteria ((
exai )) in MMC 17.56A.030 shall apply.
Section 35: Section 17.5613.040 of the Medina Municipal Code is amended to read
as follows:
A. A temporary use permit is (( )) processed as a
Type 1 decision pursuant to chapter 20.80 MMC 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:
1. In the opinion of the City manager or designee, a significantly different public
facility will occupy the use of the property;
41 of 48
2. The second temporary use permit is consistent with the requirements set forth in
this chapter; and
No additional temporary use permit shall be approved within a 5-year time period
after the issuance of the second temporary use permit.
Section 36: Section 17.80.120 of the Medina Municipal Code is hereby repealed:
((.
ddeedissieep .))
Section 37: Chapter 17.94 of the Medina Municipal Code is hereby repealed:
..
We-
- _Mw
..
-.
_
._
42 of 48
■
■I!
i12
I I - I =i-- ............
— - — -----------
Section 38: A new chapter 17.94 of the Medina Municipal Code is adopted to read
as follows:
17.94.010
Purpose.
17.94.020
Application.
17.94.030
Procedures.
17.94.040
Approval criteria.
17.94.050
Conditions and restrictions.
17.94.060
Content of planning commission's recommendation
17.94.070
Consistency with the comprehensive plan.
17.94.010 Purpose.
This chapter establishes a mechanism for site -specific reclassification of property or
properties from one zoning district to another zoning district. The new zone must be
consistent with the comprehensive plan and results in a change to the City's official zoning
map.
17.94.020 Application.
An owner of real property or their designated agents may initiate a request for a site -specific
rezone.
17.94.030 Procedures.
A. A site -specific rezone application is processed as a Type 3 decision pursuant to the
provisions set forth in chapter 20.80 MMC. The planning commission shall hold an
open -record public hearing and make a recommendation to the City Council. The City
Council decides the rezone request at a closed record meeting.
B. The Planning Commission shall issue its recommendation within 45 calendar days of the
closing of the open record hearing.
C. The City Council shall consider the Planning Commission's recommendation no later
then their next regularly scheduled meeting after the Planning Commission issues their
recommendation.
D. The 120-day processing timeline set forth in MMC 20.80.210 may be extended as
reasonably necessary to allow the City Council to deliberate on the Planning
Commission's recommendation at a regularly scheduled meeting.
47 of 48
17.94.040 Approval criteria.
An application for a site -specific rezone may only be approved if it is found that:
A. The rezone is in the best interest of residents of the city; and
B. The rezone will advance the public health, safety, or welfare, and will not have adverse
impacts on adjacent properties; and
C. The rezone is consistent with the comprehensive plan; and
D. The rezone is appropriate because:
a. Conditions in the immediate vicinity or neighborhood have so markedly changed that
it is in the public interest to approve the rezone; or
b. It will correct a zone classification or zone boundary that was inappropriate when
established.
17.94.050 Conditions and restrictions.
Conditions and restrictions may be applied to the rezone that is determined to be reasonably
necessary to eliminate or minimize any undesirable effects of granting the rezone.
17.94.060 Content of planning commission's recommendation.
The Planning Commission's recommendation to the City Council shall be made in writing.
The written recommendation shall include the following content:
A. A statement of the facts presented that supports the recommendation;
B. A statement of the conclusions reached based on those facts;
C. Any conditions or restrictions that are recommended to be placed upon the rezone; and
D. The date of issuance of the recommendation.
17.94.070 Consistency with the comprehensive plan.
If a Comprehensive Plan amendment is required in order to satisfy MMC 17.94.040(C),
approval of the comprehensive plan amendment is required prior to or concurrently with the
granting of an approval on the rezone.
Section 39. 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 40. Effective Date. This ordinance shall take effect five (5) days after its
publication or the publication of a summary of its intent or contents.
PASSED BY THE CITY COUNCIL ON THIS 12th DAY JULY 201 D
SIGNED IN AUTHENTICATION OF ITS PASSAGE ON THE � DAY OF ,
2010. -7 /-) ,1 71
Ap d as t rm:
Bruce Disend, City Attorney
Attest:
— �A 0�
Rach Baker, City Clerk
48 of 48