HomeMy WebLinkAbout07-12-2010 - Agenda PacketMEDINA, WASHINGTON
CITY COUNCIL AGENDA
MEDINA CITY HALL COUNCIL CHAMBERS
MONDAY, JULY 12, 2010
5:00 PM
MAYOR
BRETJORDAN
DEPUTY MAYOR
SHAWN WHITNEY
COUNCIL MEMBERS
PATRICK BOYD
DOUG DICHARRY
JANIE LEE
MARK NELSON
KATIE PHELPS
MEDINA CITY COUNCIL STUDY SESSION
CALL TO ORDER
ROLL CALL
DISCUSSION
1: 2010 Budget Review Format
2: Streetscapes Policies and Standards
CITY MANAGER
DONNA HANSON
CITY ATTORNEY
BRUCE DISEND
CITY CLERK
RACHELBAKER
5:OOPM
3: Gateway Design Concepts for Lake Washington Boulevard & Northeast 12 Street
ADJOURNMENT
MEDINA CITY COUNCIL REGULAR MEETING
CALL TO ORDER 6:30 PM
PLEDGE OF ALLEGIANCE
APPROVAL OF MEETING AGENDA
Medina City Hall • 501 Evergreen Point Road • Medina WA 98039
425-233-6400 phone • 425-454-8490 fax . www.medina-wa.gov
PRESENTATIONS & AWARDS
P1: Recognition of Volunteer Service; Karen Sparks, Medina Planning Commission
P2: Medina Days Committee
PUBLIC COMMENTS
At this time, citizens may address the City Council regarding any issue on the council agenda and any
non -agenda items related to city business, excluding public hearings. To ensure equal opportunity for the
public to comment, a speaker's comments shall be limited to three minutes per person, per meeting.
Those who have service requests or complaints are encouraged to first bring such matters to the city
manager for prompt attention and resolution.
Council meetings are business meetings where City Council may hear from residents and take action on
official City business. In order to accomplish all the business on the agenda and be respectful of
everyone's time, Council Members will not be able to engage in dialogue with individual members of the
audience.
REPORTS AND ANNOUNCEMENTS
RA-1: Mayor
RA-2: Council
RA-3: Advisory Boards/Commissions
RA-4: City Manager/Staff
CONSENT AGENDA
These items will be acted upon as a whole unless called upon by a council member.
CA-1: Approval of June 14, 2010 City Council Regular Meeting Minutes
CA-2: Approval of June 2010 Check Register
Claim check numbers 50447 through 50549 in the amount of $137, 750.43, payroll check numbers
3064 through 3076 in the amount of $211, 501.03. Voided AP check number: 7586Z dated
October 2009 (Vendor lost check, check never cleared bank, check voided and reissued in June.)
CA-3: Surplus Resolution, Public Works Vehicle
CA-4: Set August 9, 2010 Public Hearing Date for 2011 Budget
CA-5: Confirmation of Planning Commission Appointment, Position No. 3
CA-6: Authorize Negotiations with T-Mobile for Lease at Fairweather Park
CA-7: Authorization to Negotiate a Solid Waste Contract with Allied Waste
CA-8: Receipt of May 17, 2010 Park Board Minutes
CA-9: Receipt of May 19, 2010 Emergency Committee Minutes
CA-10: Receipt of May 24, 2010 Planning Commission Minutes
Medina City Council July 12, 2010 Page 2 of 3
PUBLIC HEARINGS/OTHER BUSINESS
PH-1/013-1: Public Hearing and Council Action Regarding: A code amendment relating to
administrative review procedures for project permits, text amendments to
development regulations, area -wide zoning map amendments, and comprehensive
plan amendments
PH-2/013-2: Public Hearing and Council Action Regarding: A code amendment relating to
divisions of land and lot line adjustments
PH-3/013-3: Public Hearing and Council Action Regarding: A code amendment relating to
permit fees
OTHER BUSINESS
OB-4: Adoption of Six -Year Construction Improvement Plan /Transportation
Improvement Plan (2011 to 2016)
OB-5: Continued Discussion Regarding Draft Code Amendment Regarding Wireless
Communication Facilities
OB-6: Bid Award: City Hall Expansion and Renovation Project
OB-7: Contract Approval, Temporary City Hall Site Lease with St. Thomas Church
OB-8: Contract Approval, Temporary City Hall Modular Office Lease
OB-9: Council Agenda Calendar
EXECUTIVE SESSION
ES-1: Pursuant to RCW 42.30.110 (1)(i) to discuss with legal counsel representing the
agency litigation or potential litigation to which the agency, the governing body,
or a member acting in an official capacity is, or is likely to become, a party.
ADJOURNMENT
Next Study Session — Monday, August 9, 2010; 5:00 pm.
Next Regular Meeting - Monday, August 9, 2010; 6:30 pm.
Medina City Council July 12, 2010 Page 3 of 3
CITY OF MEDINA
Office of the City Manager
Date July 12, 2010
To: Mayor and City Council
From: Donna Hanson, City Manager
Subject: City Manager Report
1. The following community outreach took place in the month of June:
a. All development notices issued during the month were linked to the city's
website in addition to the city's general posting practices.
b. E-notices were sent to subscribers for myriad notices, including development
projects, public meetings and hearings, agenda packets, approved meeting
minutes, city council action calendar, and city newsletter. As is customary,
records were also posted to the city website and public notices were affixed to
city notice boards.
c. Summer quarterly newsletter was issued electronically and mailed to those
who have specifically requested to receive a hardcopy.
d. The city realized a small growth in its subscription base over June. The
sampling below continues to compare the same categories since inception, as
well as last month, for comparison purposes.
4/12/10
6/9/10
7/7/10
Capital Improvement Projects
160
207
211
City Council Agenda
193
240
242
City Events and Information
245
324
323
City Newsletter
94
277
287
Hearing Examiner Agenda
118
148
149
Park Board Agenda
121
157
158
Planning Commission Agenda
139
174
175
Total Individual Subscribers
296
423
426
2. WCIA performs an annual audit for all member cities. Each year they focus on a
different department. Last year they audited Development Services. We had a few
follow-up items from last year that have been completed. This year the focus was on
Human Resources. We will again have a few things that will need to be accomplished
before next year's audit. But Rachel did a great job in preparing for the audit and
WCIA staff was very complimentary.
3. City Hall staff has begun to clean out and prepare for the move to temporary facilities.
Recycle bins and a dumpster will appear in front of city hall when we have a definite
move date later this year. Anything that can be recycled will be. Anything that is
cannot be recycled or used here or by someone else in the future will be tossed. We
do not want to pay for moving or storage for items that cannot be used later.
4. The Lifeguard Program is now in full swing. Although the weather has not been the
best, there were a few swimmers braving the lake before the Fourth of July. During
slower times at the beach the lifeguards have been keeping busy by deadheading the
rhododendrons, raking the sandy beach, removing algae from the shallow swimming
area, and maintaining the park area and flower beds. Now that the weather has
turned warm the park and beach very busy.
We have two returning guards from previous seasons, with new guards to complete
the team. All guards are not only certified in lifeguarding, but open waterfront certified
as well.
In order to focus more on guarding the water, the lifeguards will be putting up and
taking down traffic candles and chain that line the rocks. This system was put in place
to prevent park patrons from walking on the unstable rocks and jetty. Like last season,
the lane lines have been put in place to create both the shallow and deep swimming
areas.
5. The City Hall air conditioning system has been warning us over the past year that it
wouldn't be around much longer. Unfortunately it didn't last to demolition. On the first
day of 80 degree weather it gave up the ghost in the Police Department and main
floor. The estimate to fix it was almost $4,000. Public Works sprinted to the store
ahead of everyone else and purchased window air conditioning units, four for the main
floor and three for the Police. So far everyone is able to work comfortably.
CITY OF MEDINA
Office of the City Manager
July 12, 2010
To: Mayor and City Council
Via: Donna Hanson, City Manager
From: Robert J. Grumbach, AICP, Director of Development Services
Subject: Monthly Development Services Department Report
Planning Commission Meeting Recap:
The Planning Commission held a public hearing for the City Hall construction
mitigation plan (No. C-2736). There was no public testimony. After deliberating on
the matter, the Commission voted to approve the CMP with the staffs
recommendations and by adding conditions for signage and notifying the public
with information about the construction.
Jeff Langdon, the City's wireless consultant, made a presentation on wireless
communication facilities. The presentation was based on information previously
presented to the City Council. The Chair and staff briefed the Commissioners on
the Council's approval to allow for a report rather than code changes relating to the
development envelop (formerly pitched roof incentives) by the end of the year. A
revised work program for the comprehensive zoning code update was presented.
Discussion continued on the topic of development/ building envelope standards
and floor area ratio. An analysis on the affects of angled setbacks and examples
on how floor area ratio might have affected previous projects in Medina were
presented. The Commissioners provided input to staff and continued the
discussion to the next meeting.
Hearing Examiner Decisions:
• The Hearing Examiner approved, subject to conditions, the Singh application
for a substantial development permit (File No. 2009-02). The request was to
allow construction of a cabana; water irrigation system; new pathways;
landscaping and dock repairs on the northeast portion of their parcel. The
address is 3616 Evergreen Point Road.
• The Hearing Examiner approved, subject to conditions, the St. Thomas School
application to amend their special use permit (File No. SUP 267). The request
was to amend SUP 252 Condition 13.1 to allow an eventual increase in student
enrollment from 293 students to 395 students with the addition of grades seven
and eight. The address is 8300 N.E. 12th Street.
• The Hearing Examiner approved, subject to conditions, the WSDOT application
for a substantial development permit (File No. 2010-02). The request was to
install tolling equipment on the east end of the SR 520 Bridge. There will be 4
transponder readers, 12 video cameras with infrared lighting, 6 lasers, 2 static
signs and 4 toll rate signs attached to the truss structure on the bridge.
• The Hearing Examiner affirmed the Director of Development Service's zoning
code interpretation that accessory buildings and off-street parking spaces must
be located on the same parcel as the owner's primary single-family dwelling.
The City issued the interpretation in response to a proposal at 7933 Overlake
Drive West by Jeffrey and Susan Brotman to construct parking and a garden
building on an adjoining vacant parcel they own. The Brotmans had appealed
the interpretation.
Land Use Administrative Decisions:
• An administrative special use permit was approved, subject to conditions, for a
sports court at 848 Evergreen Point Road. The property owner is Michael
Fitzgerald.
• An administrative special use permit was approved, subject to conditions, for a
sports court and swimming pool at 3616 Evergreen Point Road. The property
owner is Sudhir Singh.
• A Determination of Nonsignificance was issued for the excavation of
approximately 3,153 cubic yards of earth and importing 333 cubic yards of fill
material at 414 Upland Road. The property owner is Ellen McDermott and
Scott Charney.
• A Determination of Nonsignificance was issued for the excavation and grading
of up to 5,680 cubic yards of earth and importing of up to 1,256 cubic yards of
fill material at 3315 Evergreen Point Road. The applicant is KEH.
Land Use Decisions Issued For 2010:
Type of Decision
2010 YTD
Variances/ Minor Deviations
2
SEPA
2
Conditional Uses/ Special Uses
3
Substantial Development Permit
3
Lot Line Adjustments
2
Short Subdivisions
0
Site Plan Reviews
0
Wireless Facilities
0
Land Use Applications Received in June:
Case Number Description of Permit Location
SUP 271 Amend Medina Elementary 8001 N.E. 8th Street
SUP to add 2 open-air structures
G-2386 SEPA review for grading 3207 Evergreen Point Road
G-2792 SEPA review for grading 2206 Evergreen Point Road
2
Building/ ROW Permit Applications Received — Jun 1 through Jun 30, 2010:
Building Permits:
7
Grading/ Drainage
2
Demolition Permits:
2
Fence:
2
Mechanical:
3
Reroof:
1
Fire Sprinkler:
1
Right-of-way Permits
6
Building Permits Issued in May 2010: See Attached.
Other Items of Interest:
Comprehensive Zoning Code Update: A supplemental work program was
developed last year to help guide the comprehensive zoning code update effort.
Recently, this program was updated by staff to reflect Council direction and other
input staff has received. The updated supplemental work program for the
comprehensive zoning code update is attached to this report.
New Concept in Zoning Discussed. During the Planning Commission's June 22
meeting, staff presented a possible new approach to the City's zoning code.
Overall, the existing zoning districts would remain and control such lot
development standards as minimum lot size and street frontage requirements.
However, bulk standards that affect buildings such as minimum setbacks,
maximum structural coverage, and maximum height, would be established based
on lot size rather than by the underlying zoning. While not a typical approach, this
appears to be a better fit with the conditions in Medina where zoning issues often
are rooted in substandard lot conditions. The Planning Commission was receptive
to this approach.
Shoreline Master Program Update: The City is waiting on the Department of
Ecology to complete their review of the shoreline inventory and analysis report. In
the meantime, staff and the consultants are working on a draft program that will
serve as the basis for discussion with the Citizen's Advisory Committee. Meetings
with the Citizen Advisory Committee have not been scheduled at this time.
3
Permit Report
May, 2010
2010
2009
Current
Current
2010
2009
Month
Month
YTD
YTD
Difference
Construction Value
New Construction
0
1,510,000
0
3,510,000
($3,510,000)
Permit Renewals
29,870,000
0
34,461,000
6,635,500
$27,825,500
Addition / Alteration
0
0
831,450
2,219,855
($1,388,405)
Accessory Structure
55,000
47,000
323,000
55,700
$267,300
Repair/ Replace
0
30,000
121,520
55,980
$65,540
Fence/Wall
14,000
693,679
69,300
731,079
($661,779)
Mechanical
N/A
48,896
N/A
N/A
N/A
Fire Sprinkler
0
0
52,460
37,011
$15,449
Wireless Comm Facility
0
0
0
0
$0
TOTAL VALUE
29,939,000
2,329,575
35,858,730
13,245,125
22,613,605
Permits Issued
New Construction
0
1
0
2
(2)
Permit Renewals
3
0
8
5
3
Addition / Alteration
0
0
5
8
(3)
Accessory Structure
2
3
10
6
4
Fence/Wall
1
5
4
13
(9)
Demolition
0
1
1
9
(8)
Grading/Drainage
3
2
7
6
1
Tree Mitigation
2
2
5
7
(2)
Mechanical
8
3
24
19
5
Fire Sprinkler
0
0
5
4
1
Reroof
0
0
2
2
0
Repair / Replace
0
1
3
3
0
Right -of -Way Use
6
4
26
25
1
Construction Mitigation
0
1
0
5
(5)
Wireless Comm Facility
0
0
0
0
0
TOTAL PERMITS
25
23
100
114 14
Inspections
Building
37
22
182
209
(27)
Construction Mitigation
9
6
15
16
(1)
Grading/Drainage
5
17
33
54
(21)
Tree Mitigation
3
3
23
37
(14)
Ri ht-of-Wa
15
17
72
115
43
TOTAL INSPECTIONS
69
65
325
431
(106
CITY OF MEDINA
501 Evergreen Point Road, Medina WA 98039
425.233.6400 (phone) 425.454.8490 (fax) www.medina-wa.aov
TO: Planning Commission
FROM: Robert J. Grumbach, AICP
DATE: June 22, 2010
SUBJECT: Comprehensive Zoning Code Update — Work Program Update
Last July an outline of a work program for updating the zoning and permitting
procedures was presented (see attached memo). This outline supplemented the
Planning Commission's work plan. Currently, the Planning Commission is on the third
item:
Introduction and administrative general provisions, land use general provisions,
zoning classifications, use regulations, lot development standards and bulk
standards.
Because the topic on the Building/ Development Envelope Standards (formerly known
as pitched roof incentives) would affect the bulk standards, the discussions on this topic
were integrated with the discussions on the above item. The anticipated outcome was
to formulate a recommendation that incorporates the proposed changes to the building/
development envelope standards with new chapters on introduction and administrative
general provisions, land use general provisions, zoning classifications, use regulations,
lot development standards, and bulk standards.
At the June 14 council meeting, the City Council agreed to suspend the deadline on
having a recommendation from the commission on the building/ development envelope
standards. This action will allow the Planning Commission more time to work on this
topic and better integrate it into the rest of the comprehensive zoning code update work
program. Additionally, as the Planning Commission is aware, the topic of nonconformity
remains a "hot button" item. The suspension of the deadline will allow for this item to
move up on the comprehensive zoning code update work program and be considered
concurrently with the above item rather than after work on the item was completed.
Subsequently, the following revision is made to the comprehensive zoning code update
work program. Subtasks associated with the items are added to help identify the scope
of work that needs to be completed with each item.
1
Work Program Item
Identified Subtasks
• Angled Side Setbacks
• Floor Area Ratio
• Application of bulk standards — by zoning
Introduction and administrative
classification or by lot size
general provisions, land use general
• Accessory Use/ Building Development
1.
provisions, zoning classifications, use
Standards
regulations, lot development
. Development of Use Table
standards, bulk standards
• Exceptions to setbacks
• Develop provisions that set forth methods for
applying standards such as height and
structural coverage
• Revise using valuation to determine the
2.
Nonconformity
threshold for abandoning a nonconforming
condition
• Remove standards from existing definitions
• Update out-of-date definition
• Add new definitions to help better administer
3.
Definitions
the code
• Consolidate into one chapter most of the
definitions currently being adopted in
individual chapters
• Update special standards applicable to
specific uses such as schools, religious
facilities, substations, house trailers, Adult
Family Homes, day care, etc
4.
Use Specific Standards
• Update home occupation provisions,
accessory single-family dwellings
• Chapter on wireless communication facilities
is consolidated here
• Move fences and wall provisions here
• Parking requirements/ Standards
5.
Land Use Permits
• Consolidate provisions and criteria for land
use permits
6.
Si na e
• Update primarily for clarity
7.
Renewable Energy Devices
• New provisions to reflect potential new state
laws
• Corrections and consistency changes in the
8.
Clean-up
text, possibly repeal and re -adopt
• Corrections to Official Zoning Ma
MEDINA POLICE DEPARTMENT
MONTHLY SUMMARY
JUNE, 2010
Police Chief Jeffrey Chen
I FELONY CRIMES
Fraud (ID Theft) 2010-0002383 06/22/10
2600 block of 79TH Ave NE
The victim was notified by their bank there was unusual activity on her Master card. The
account was closed immediately.
Fraud (ID Theft) 2010-0002435 06/25/10
7800 block of NE 21 st St
The victim reported that person(s) unknown used her credit card to make fraudulent
charges on her account. The account was closed.
Fraud (ID Theft) 2010-0002197 06/08/10
1800 block of Evergreen Point Rd
The victim reported he discovered on his credit report a collections agency for an
outstanding bill caused by person(s) unknown. The account was created in Florida and
used the victim's name and social security number. No other fraudulent activity was
detected.
Fraud (ID Theft) 2010-0002198 06/08/10
2500 Medina Circle
Victim reported fraudulent activity on their credit card when money from the account
was transferred to both of their checking accounts using his name and social security
number. Both accounts were closed immediately.
MISDEMEANOR CRIMES
Vehicle Prowl (Attempt) 2010-0002472 06/30/10
8000 NE 16"' St
Between 12:30 pm and 7:15 pm on 6/30/10, person(s) unknown attempted to break into a
locked vehicle by shattering the side window. Nothing was taken from the vehicle.
OTHER
Death (Natural) 2010-0002408 06/25/10
200 block of Overlake Dr E
Medina officer responded to a report of a female who passed away of natural causes.
Police Chaplin arrived to console the family.
Domestic (Verbal) 2010-0002467 06/29/10
1600 block of 77`i' Ave NE
Medina officer responded to a disturbance call and contacted two subjects arguing. Both
subjects were separated and one left without incident.
HUNTS POINT
MONTHLY SUMMARY
JUNE, 2010
FELONY CRIMES
No significant felony incidents occurred during the month of June.
MISDEMEANOR CRIMES
No significant misdemeanor incidents occurred during the month of June.
OTHER
MEDINA POLICE DEPARTMENT
Jeffrey Chen, Chief of Police
Monthly Activity Report
City of Medina
2010
Felony Crimes
June
YTD YTD
Year End
2010
2010 2009
2009;
Assault, Aggravated
0
0 0
0
Robbery
0
0 0
0
Sexual Assault/Rape
0
0 0
0
Burglary (inc Attempt)
0
0 9
11
Drug Violations
0
0 0
0
Fraud (ID Theft)
4
9 6
14
Vehicle Prowl
0
2 6
7
Theft (over $250)
0
3 7
9
Malicious Mischief
0
1 3
6
Arson
0
0 0
0
Auto Theft (inc Recovery)
0
1 3
4
Poss Stolen Property
0
1 2
2
Other
0
0 0
0
TOTAL
4
17 36
53
Misdeameanor
June
YTD
YTD
Year End
Crimes
2010
2010
2009
2009
Assault, Simple
0
0
2
2
Malicious Mischief
3
3
2
5
Vehicle Prowl
1
2
15
15
Theft (Under $250)
0
2
3
5
Domestic Violence
0
0
2
4
Minor in Possession
0
2
0
5
Drug Violations
0
5
7
10
Poss Stolen Property
0
0
1
1
Total
4
14 '
32
46
Felony Crimes
Assault, Aggravated
Robbery
Sexual Assault/Rape
Burglary (inc Attempt)
Drug Violations
Fraud (ID Theft)
Vehicle Prowl
Theft (over $250)
Malicious Mischief
Arson
Auto/Boat Theft
Poss Stolen Property
Other
TOTAL
Misdeameanor
Crimes
Assault, Simple
Malicious Mischief
Vehicle Prowl
Theft (Under $250)
Domestic Violence
Minor in Possession
Drug Violations
Poss Stolen Property
Total
MEDINA POLICE DEPARTMENT
Jeffrey Chen, Chief of Police
YEARLY ACTIVITY REPORT
City of Medina
2010
Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
1
2
1
0
1
4
9
0
0
1
0
1
0
2
1
1
0
0
1
0
3
0
0
0
0
1
0
1
0
0
0
0
0
0
0
0
0
0
0
1
0
1
0
0
0
0
1
0
1
0
0
0
0
0
0
0
2
3
2
0
6
4
0
0
0
0
0
0
17
Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total
0
0
0
0
0
0
0
0
0
0
0
0
3
3
0
0
0
0
1
1
2
0
1
1
0
0
0
2
0
0
0
0
0
0
0
0
1
0
1
0
0
2
3
1
0
1
0
0
5
0
0
0
0
0
0
0
32
3
1
2
1
4
0
0
0
0
0
0
14
MEDINA POLICE DEPARTMENT
Jeffrey Chen, Chief of Police
Monthly Activity Report
City of Medina
2010
Traffic June YTD YTD Year End
ACCIDENTS 2010 2010 2009 2009
Injury 0 0 0 0
Non -Injury 1 9 3 11
TOTAL 1 9 3 11
Traffic June YTD YTD Year End
CITATIONS 2010 2010 2009 2009
Driving Under Influence 3 22 28 68
*Other 3 55 79 163
Total 6 77 107 231
Traffic June YTD YTD Year End'
INFRACTIONS 2010 2010 2009 2009
Speeding 8 204 84 136
Parking 8 36 25 83
**Other 20 213 150 274
Total 36 453259 493
June YTD YTD Year End
WARNINGS 2010 2010 2009 2009
Total 94 569 479 872
June YTD YTD Year End
CALLS FOR SERVICE 2010 2010 2009 2009
House Watch 35 148 230 420
False Alarms 27 166 181 361
Assists 24 141 240 342
Suspicious Circumstances 16 71 88 159
Property-Found/Lost 0 3 5 9
Animal Complaints 4 24 20 41
Missing Person 0 1 0 2
Warrant Arrests 3 30 27 63
***Other 2 10 2 9
Total ill 594 793 1406
*DWLS; Fail to Transfer Title; No License
**Expired Tabs; No insurance; Fail to stop; Defective Equipment
***Verbal Domestic; Vandalism; Civil Dispute; Disturbance
MEDINA POLICE DEPARTMENT
Jeffrey Chen, Chief of Police
YEARLY ACTIVITY REPORT
City of Medina
2010
Traffic
Accidents Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total
Injury 0 0 0 0 0 0 0
Non -Injury 1 1 0 3 3 1 9
TOTAL 1 1 0 3 3 1 0 0 0 0 00 9
Traffic
Citations Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total
Driving Under Influence 8 3 3 2 3 3 22
Other 14 10 8 12 8 3 55
Total 22 13 11 14 11 6 0 0 0 0 0 0 77
Traffic
Infractions Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total
Speeding 17 31 34 59 55 8 204
Parking 2 16 4 1 5 8 36
Other 23 18 22 86 44 20 213
Total 42 65 60 ; 146 104 36 0' 0 0 0 0 0 453
Warnings Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov` Dec Total
Total 70 80 90 109 126 94 569
Calls for Service Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total
House Watch 15 14 31 32 21 35 148
False Alarms 17 22 35 25 40 27 166
Assists 19 20 26 21 31 24 141
Suspicious Circumstance; 11 13 13 10 8 16 71
Property-Found/Lost 0 1 0 2 0 0 3
Animal Complaints 3 3 7 3 4 4 24
Missing Person 0 0 0 1 0 0 1
Warrant Arrests 4 8 5 2 8 3 30
Other 2 2 1 2 1 2 10
Total 71 83 118 98 113 11'1 0 0 0 0 0 0 594
Town of
Hunts Poi✓nt�
MEDINA POLICE DEPARTMENT
Jeffrey Chen, Chief of Police
Monthly Activity Report
Town of Hunts Point
2010
Felony Crimes
June
YTD
YTD
Year End
2010
2010
2009
2009
Burglary
0
0
Q
0
Forgery (Identity Theft)
0
0
0
0
Vehicle Prowl
0
0
1
1
Theft (over $250)
0
1
2
2
Possession Stolen Prop
0
0
0
0
Drug Violation
0
0
0
0
Auto/Boat Theft
0
0
0
0
TOTAL
0
1
3
3
Misdeameanor
June
YTD
YTD
Year End
Crimes
2010
2010
2009-
2009
Assault, Simple
0
1
0
0
Malicious Mischief
0
0
0
1
Vehicle Prowl
0
0
1
1
Theft (Under $250)
0
0
0
0
Possession Stolen Prop
0
0
0
0
Domestic Violence
0
0
0
0
Minor in Possession
0
0
0
0
Drug Violations
0
0
3
4
Total
0
1
4
6
MEDINA POLICE DEPARTMENT
Town Of Jeffrey Chen, Chief of Police
Hunts Point Yearly Activity Report
`��'✓�� Town of Hunts Point
2010
Felony Crimes
Jan
Feb
Mar
Apr
May
Jun . Jul Aug Sept Oct Nov
Dec Total
Burglary
0
0
0
0
0
0
0
Forgery (Identity)
0
0
0
1
0
0
1
Vehicle Prowl
0
0
0
0
0
0
0
Theft (over $250)
0
0
0
1
0
0
1
Poss Stolen Prop
0
0
0
0
0
0
0
Drug Violation
0
0
0
0
0
0
0
Auto/Boat Theft
0
0
0
0
0
0
0
TOTAL
0
0
0
2
0
0 0 0 0 0 0
0 2
Misdeameanor
Crimes
Assault, Simple
Malicious Mischief
Vehicle Prowl
Theft (Under $250)
Poss Stolen Prop
Domestic Violence
Minor in Possession
Drug Violations
Total
Jan Feb Mar Apr May Jun Jul Aug Sept OctNov Dec Total
0
1
0
0
0
0
1
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
1
0
0
0
0
0
0
0
0
0
0
1
MEDINA POLICE DEPARTMENT
Town of Jeffrey Chen, Chief of Police
Hunts Point Monthly Activity Report
Hunts Point
2010
Traffic
June
YTD
YTD
Year End
CITATIONS
2010
2010
2009
2009
Driving Under Influence
0
1
4
11
Accidents
0
0
0
3
*Other
5
17
19
34
Total
5
18
23
48
Traffic
June
YTD
YTD
Year End
INFRACTIONS
2010
2010
2009
2009
Speeding
2
5
0
0
Parking
2
4
0
1
**Other
17
142
140
267
Total
21
151
140
268
June
YTD
YTD
Year End
WARNINGS
2010
2010
2009
2009
Total
11
95
127
178
June
YTD
YTD
Year End
CALLS FOR SERVICE
2010
2010
2009
2009
House Watch
0
11
15
29
False Alarms
7
33
24
46
Assists
5
22
27
46
Suspicious Circumstances
2
10
11
25
Property-Lost/Found
0
0
0
0
Animal Complaints
2
2
1
3
Missing Person
0
0
0
0
Warrant Arrests
0
0
1
8
***Other
0
1
0
0
Total
16
79
79
157
*DWLS; Fail to Transfer Title;No
License
**Expired Tabs; No insurance;Fail
to stop;Defective
Equipment
***Verbal Domestic; Harassment; Civil
Dispute;Trespass
Town of
HUIItS Point
Traffic
Citations
Driving Under Influence
Accidents
Other
Total
Traffic
Infractions
Speeding
Parking
Other
Total
Warnings
Total
MEDINA POLICE DEPARTMENT
Jeffrey Chen, Chief of Police
YEARLY ACTIVITY REPORT
HUNTS POINT
2010
Jan Feb Mar Apr May Jun Jul
Aug Sep - Oct Nov Dec Total
1
0
0
0
0
0
1
0
0
0
0
0
0
0
1
2
1
2
6
5
17
2
2
1
2
6
5
0
0
0
0
0
0
18
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Total
0
0
2
0
1
2
5
0
0
0
2
0
2
4
17
21
23
23
41
17
142
17
21
25
25
42
21
0
0
0
0
0
0
151
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Total
12
15
20
15
22
11
95
Cabs for Service
House Watch
False Alarms
Assists
Suspicious Circumstances
Property-Lost/Found
Animal Complaints
Missing Person
Warrant Arrests
Other
Total
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
3
5
0
1
2
0
5
9
2
6
4
7
3
3
3
4
4
5
1
2
2
1
2
2
0
0
0
0
0
0
0
0
0
0
0
2
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
1
0
12
19
7
12
13
16
0
0
0
0
0
Total
11
33
22
10
0
2
0
0
1
79
CITY OF MEDINA
Office of the City Manager
July 1, 2010
To: Mayor and City Council
Via: Donna Hanson, City Manager
From: Joe Willis Sr., Director of Public Works
Subject: June 2010 Public Works Report
Addendum No. 1 of the City Hall Expansion and Renovation Project was issued to
bidders on June 23`d. The Addendum included the addition of technology
specifications and plans into the bidding documents following an agreement with
Group Mackenzie to limit the firms liability related to the technology design.
Bids were opened on June 30th and eight bids were received. A copy of the bid
summary is attached. The bid summary includes four alternates, the technology
base bid, and for ease of comparison, all of the Alternates and the technology bids
were included in the Total Cost summary.
The apparent low bidder was Synergy Construction. Consideration of the bids and
Council award is scheduled for July 121h with construction starting on or after August
161h following Medina Days in order to allow the public to enjoy the use of the park
for most of the summer and accommodate the annual Medina Days fireworks show.
2. Meetings and discussions with St Thomas Church representatives have resulted in a
better understanding of the joint use of the site by both parties and substantial
agreement on the terms of the lease. The formal lease agreement is expected to be
brought to the Council for approval on July 12th. The attached drawing describes the
area to be utilized by the City and some of the site improvements to be
accomplished prior to the placement of the modular offices. The current schedule is
as follows:
o Obtain Council authorization for the City Manager to complete negotiations
and sign the lease agreement on July 12th
o Receive final approval and signatures by Church Officials in July
o Prepare the site for the modular offices including added parking stalls
o Move in and set up the modular offices in early August
o Move to the offices on August 15th through August 17th with City Hall closed
on August 16th
3. Mercer Island Marine Patrol provided divers to reset and anchor the Medina Beach
Park swim float on June 21 st. The divers replaced the float anchor chains and reset
the boat buoys at the proper distance from the swimming area. Life guards roped off
the swimming area and are now on duty at the Park for the summer.
4. Councilmember Nelson, City Manager, and Public Works Director continue to
discuss the SR 520 Eastside Project Points Communities jurisdictional agreements
with WSDOT staff. At the last meeting on June 8th, WSDOT representatives
requested that the City provide comments on the proposed partnering agreements
for technical coordination of the project prior to and during the Design -Build stage of
the project. WSDOT requests that one representative be appointed to serve as a
technical coordinator for each City. City review comments were provided to WSDOT
staff and are under consideration by them. Subsequent agreements defining roles
and responsibilities and maintenance responsibilities and cost sharing will be
brought to the Council for approval as they are finalized.
5. The Public Works crew continues to maintain our City streets, sidewalks, and parks
to a commendable level of service. They continue to work on improvements in the
parks as duties allow. Pruning and planter bed maintenance is proceeding.
Roadside brushing is underway along the margins of our streets.
The new Ford F450 dump truck with snow plow was delivered on June 9tn
2
ITEM CA-1
MEDINA CITY COUNCIL DRAFT
REGULAR MEETING MINUTES
Medina City Hall Council Chambers
June 14, 2010, 6:30 pm
CALL TO ORDER
Bret Jordan called the June 14, 2010 Regular Meeting of the Medina City Council to
order at 6:31 pm.
ROLL CALL
Council Members Present: Patrick Boyd, Doug Dicharry, Bret Jordan, Katie Phelps,
and Shawn Whitney
Council Members Absent: Janie Lee (excused) and Mark Nelson (excused)
City Staff Present: Donna Hanson, City Manager; Bruce Disend, City
Attorney, Kenyon Disend; Jeffrey Chen, Police Chief; Pat
Crickmore, Public Works Supervisor Robert Grumbach,
Development Services Director; Steve Wilcox, Building
Official; and Rachel Baker, City Clerk
Mayor led council, staff and audience members in the Pledge of Allegiance.
Motion Phelps and second Dicharry to excuse absences of Janie Lee and Mark
Nelson. Motion carried 5-0 at 6:33 pm.
APPROVAL OF MEETING AGENDA
MOTION DICHARRY AND SECOND BOYD TO ACCEPT MEETING AGENDA,
MOTION CARRIED 5-0 AT 6:34 PM.
PRESENTATIONS
Part 150 consultant to the city, Allyson Jackson, delivered presentation to council. Ms.
Jackson defined study and entities and officials involved and reported on Study status
and goals. Ms. Jackson conveyed she continues to work with the Port to include a
determination in Study whether departure flights over Medina are in compliance with
regulations and continues to pressure Port to include Duwamish departure corridor
into Study.
Ms. Jackson urged citizens to attend and be vocal at Part 150 Study meetings. She
expressed Study officials have offered to brief the city council if there is interest and
suggested scheduling it for late summer.
ITEM CA-1
DRAFT
Matt Kochel, Medina Days Committee Co -Chair, reported on the events schedule and
confirmed event dates (August 10 through 14). Mr. Kochel stated that to promote
Medina Days, postcards have been mailed to residents and posters are ready to go
up. He announced donations will be accepted online at www.medinadays.org, as well
as at city hall.
PUBLIC COMMENT
Mayor opened public comment period at 6:52 pm
City resident Jim Arata requested city council order public works department to
remove wall in city right of way at 8420 Northeast Tenth Street. Mr. Arata distributed
handout to council identifying structure and communication concerning matter.
Resident reasoned wall is located in an unsafe location and is illegal.
Laura Altschul spoke on behalf of American Tower Corporation regarding proposed
DAS franchisee relationship, adding that its intention is to provide a network open to
all carriers. Ms. Altschul thanked staff and council for developing a reasonable and
forward -thinking way to allow for improved wireless services in Medina and said she
looks forward to a resolution to DAS franchise and revised wireless ordinance.
Medina resident Daniel Lipkie spoke in favor of requiring a special permit to install
wireless facilities in city rights of way as a way to provide notification to citizens and
allow them an opportunity to express opinions on matter.
Resident Connie Gerlitz stated her disappointment in the re -growth of ivy and
blackberries at Fairweather and suggested city consider using a weed control product
in city rights of way.
Mayor closed public comment period at 7:02 pm.
REPORTS AND ANNOUNCEMENTS
Mayor reported on consent agenda item, an interlocal project services agreement
between the Washington State Department of Transportation and the city of Medina.
He added the Points mayors recently agreed to a position in a yet to come lid
maintenance agreement requiring WSDOT to reimburse cities one -hundred percent
for maintenance costs. He stated he met with King County executive about issues
concerning county budget and programs.
Planning commission chair Judie O'Brien reported on development envelope item and
inquired if council would consider a joint study session with the planning commission.
Mayor conveyed commission should submit proposed agenda and date for council's
consideration.
City manager voiced updates provided in her report concerning swim dock and
finance software and answered questions concerning city hall project.
City Council Minutes June 14, 2010
Page 2
ITEM CA-1
Grumbach responded to inquiries regarding St. Thomas School special use permit DRAFT
application.
Crickmore confirmed blackberries and ivy have returned explaining a limited budget
has prevented continued eradication of invasives. Phelps suggested the city consider
a community work day to control overgrowth. Crickmore relayed lack of irrigation and
insufficient staff hours prevent efforts to successfully maintain 24t" Avenue Northeast
right of way and voiced it is a homeowner's responsibility to maintain adjacent rights
of way.
Crickmore responded to questions concerning shoreline sewer pipe. Chen answered
questions about exit driveway for temporary city hall location, department monthly
report, and staffing.
CONSENT AGENDA
MOTION BOYD AND SECOND DICHARRY TO ADOPT CONSENT AGENDA.
MOTION CARRIED 5-0 AT 7:25 PM.
- Approval of May 10, 2010 City Council Regular Meeting Minutes
- Approval of May 2010 Check Register
Claim check numbers 50337 through 50446 in the amount of $590,127.22 and payroll checks numbers
3051 through 3063 in the amount of $212,482.78. Voided AP check number(s) include 50424. There
were no voided payroll checks.
- Set July 12, 2010 Public Hearing Date: A code amendment relating to administrative review procedures
for project permits, text amendments to development regulations, area -wide zoning map
amendments, and comprehensive plan amendments.
- Set July 12, 2010 Public Hearing Date: A code amendment relating to divisions of land and lot line
adjustments.
- Set July 12, 2010 Public Hearing Date: A code amendment relating to permit fees.
- Set Study Session Dates and Times: July 12, 2010, 5.00 pm; August 9, 2010, 5.00 pm.
- Approval of Interlocal Project Services Agreement Between the City of Medina and the Washington
State Department of Transportation
- Confirmation of Personnel Committee's Appointment Recommendation to Planning Commission
Position Number 7
- Memorandum of Understanding Between the City of Medina and Public, Professional and Office -Clerical
Employees and Drivers Local Union No. 763 Establishing a Voluntary Employee's Beneficiary
Association Trust (VEBA)
- Acceptance of Proclamation Recognizing Camp Fire USA Central Puget Sound Council
- Resolution Approving Centralized Contracting for A Regional Coalition for Housing (ARCH)
- Acceptance of April 19, 2010 Park Board Minutes
- Acceptance of April 21, 2010 Emergency Committee Minutes
- Acceptance of April 27, 2010 Planning Commission Minutes
- Acceptance of Civil Service Commission 2009 Annual Report
PUBLIC HEARINGS
Six -Year Construction Improvement Plan /Transportation Improvement Plan (Years 2011
to 2016) (7.-25 pm)
Mayor opened public hearing at 7:25 pm. No public comments were presented and
hearing was subsequently closed.
City Council Minutes June 14, 2010
Page 3
ITEM CA-1
DRAFT
Proposed Ordinance to Amend MMC Chapter 15.04 Adopting 2009 Washington State
Building Codes (7.•26 pm)
Wilcox provided summary of state building code requirements. Wilcox reported the
2009 Washington State Energy Code has been placed on hold by the State Building
Code Council and will be reviewed again in October. Grumbach referred council to
revised ordinance placed at dais.
Mayor opened public hearing at 7:31 pm. No public comments were presented and
hearing was subsequently closed.
OTHER BUSINESS
Proposed Ordinance to Amend MMC Chapter 15.04 Adopting 2009 Washington State
Building Codes (7.•31 pm)
MOTION DICHARRY AND SECOND BOYD TO APPROVE ORDINANCE
REPEALING CHAPTERS 15.04, 15.08, 15.12, 15.16 OF MEDINA MUNICPAL
CODE AND ADOPTING NEW CHAPTERS RELATED TO THE 2009 UPDATES TO
THE STATE BUILDING CODES AND RE -ADOPTING THE 2006 WASHINGTON
STATE ENERGY CODE AND AMENDING RELATED PROVISIONS OF THE
MEDINA MUNICIPAL CODE. MOTION CARRIED 5-0 AT 7:32 PM.
Draft Code Amendment Regarding Wireless Communication Facilities (7.-32 pm)
Grumbach provided summary and intended goals of draft ordinance and answered
questions from council members. Consultant Jeff Langdon was present and also
responded to council.
Council expressed interest in: 1. Consultant socializing draft code to cross-section of
industry and receiving a summary of results, 2. Use of special use permit, and 3.
Receiving additional detail about undergrounding. Mayor requested continued
discussion during July council meeting and a placeholder on planning commission
August agenda.
Solid Waste Services Rates and Options (8:00 pm)
Hanson summarized current agreement and proposed consultant services to
negotiate contract. Council conveyed desire for improved services, including recycling
and yard waste and to receive updated information for July council meeting.
Council Agenda Calendar (8:14 pm)
Agenda calendar discussed, continued discussion concerning wireless facilities, and
additional information regarding solid waste contract were added to July, and a Part
150 Study presentation by Port and FAA officials was added to August or September.
Mayor recessed meeting for a break at 8:19 pm and called the meeting back to order
at 8:22 pm.
Council Minutes June 14, 2010
Page 4
Executive Session
ITEM CA-1
DRAFT
The city council recessed into executive session at 8:22 pm, for an estimated time of
twenty minutes pursuant to pursuant to RCW 42.30.110 (1)(i) to discuss with legal
counsel representing the agency litigation or potential litigation to which the agency, the
governing body, or a member acting in an official capacity is, or is likely to become, a
party. City council members Boyd, Dicharry, Jordan, Phelps, and Whitney; city attorney
and city manager were present. No action was anticipated.
Executive session adjourned and council resumed its regular meeting at 8:42 pm. No
action was taken.
ADJOURNMENT
MOTION PHELPS AND SECOND WHITNEY TO ADJOURN THE JUNE 14, 2010
REGULAR MEETING AND MOTION CARRIED AT 8:42 PM.
The June 14, 2010 Regular Meeting of the Medina City Council adjourned at 8:42 pm.
The Medina City Council will hold a study session Monday, July 12, 2010, at 5:00 pm
and will hold its next regular meeting Monday, July 12, 2010, at 6:30 pm.
Bret Jordan, Mayor Attest:
City Council Minutes
Page 5
Rachel Baker, City Clerk
June 14, 2010
July 7, 2010
To: Mayor and City Council
From: Nancy Adams, Director of Finance
Re: Finance Report — June Financials
Please find Revenue & Expense Summaries for June 2010 enclosed in your
Council Packet.
Revenue:
Total Annual Revenue for June YTD 2010 was $264K higher than June YTD 2009.
- Property Tax was $46K higher for YTD 2010 compared to YTD 2009.
- Sales Tax was ($143K) lower for YTD 2010 compared to YTD 2009.
- REET (Real Estate Excise Tax) was $2K higher for YTD 2010 compared to
YTD 2009.
- Intergovernmental Revenue was $170K higher for YTD 2010 compared to
YTD 2009.
- Pass Through (Development related) Revenue was ($16K) lower for YTD
2010 compared to YTD 2009.
Expense:
• Total Annual Expense for June YTD 2010 was $265K lower than June YTD
2009.
City Hall Proiect:
Finance has set up new BARS Codes to track the City Hall Project. Capital
Expenditures related to City Hall are $102K for the period of January -June 2010.
2010 Budget Binder:
2010 Budget Binders are included in the Council Packet this month.
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ITEM CA-3
MEDINA CITY COUNCIL MEETING AGENDA BILL
SUBJECT/TITLE: SURPLUS A 1993 FORD RANGER PICKUP AND AUTHORIZE IT'S SALE
CATEGORY:
X Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: JOE WILLIS
BACKGROUND/SUMMARY:
The 2010 Budget provided for the replacement of an existing 1993 Ford Ranger pickup utilized by Public Works.
A new 2010 Ford Ranger pickup was purchased in March of this year. The 1993 Ranger pickup should be
declared surplus and sold rather than remaining in the City fleet.
BUDGET/FISCAL IMPACT: REVENUE FROM THE SALE WILL BE APPLIED TO THE EQUIPMENT REPLACEMENT
FUND TO HELP OFFSET THE PURCHASE OF NEW PUBLIC WORKS VEHICLES (BUDGET # 100-541-50-64-00).
STAFF RECOMMENDATION: Surplus the 1993 Ford Ranger Pickup and authorize it's sale at public auction
CITY MANAGER REVIEW:
PROPOSED COUNCIL MOTION: "I move to surplus the 1993 Ford Ranger Pickup and authorize the Director
of Public Works to sell the pickup at public auction "
ITEM CA-3
CITY OF MEDINA
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MEDINA,
WASHINGTON, DECLARING CERTAIN ITEMS AS SURPLUS AND
PROVIDING FOR THE DISPOSITION OF THEM.
WHEREAS, the City from time to time has assets that become surplus to its
needs; and
WHEREAS, the City Council has the authority to dispose of property pursuant to
Section 35A.11.010 RCW; and
WHEREAS, the City Council must assure that this responsibility is carried out in
the public interest;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA,
WASHINGTON HEREBY RESOLVES AS FOLLOWS:
Section 1. Asset(s) described below are hereby declared surplus:
1. 1993 Ford Ranger Pickup
Section 2. The asset(s) described above shall be disposed of by public auction or
Internet auction, at the discretion of the City Manager. In the event that some or
all of the asset(s) are not sold, the City Manager, or her designee, may: (1)sell
the asset for scrap value; or (2) dispose of the asset in a manner that will provide
the City with reasonable value for it; or (3) if appropriate, pay for the disposal of
the asset in a manner that will cost the City as little as possible for the
disposition.
Section 3. Severability. If any section, sentence, clause, or phrase of this
resolution or any resolution adopted or amended hereby, should be held to be
invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause, or phrase of this resolution.
PASSED BY THE CITY COUNCIL ON THE DAY OF JULY 2010
AND SIGNED IN AUTHENTICATION OF ITS PASSAGE THE DAY OF
JULY 2010.
Approved as to form:
Bret Jordan, Mayor
Attest:
Bruce Disend, City Attorney Rachel Baker, City Clerk
ITEM CA-4
MEDINA CITY COUNCIL MEETING AGENDA BILL
SUBJECT/TITLE: Set Public Hearing for 2011 Budget Planning
CATEGORY:
® Consent ❑ Ordinance
® Public Hearing
❑ City Council Business ❑ Resolution ❑ Other - Discussion
STAFF REPORT BY: DONNA HANSON
BACKGROUND/SUMMARY:
Planning and public input for the 2010 Annual Budget started with a public hearing early in the year to
start citizens thinking about their priorities. The purpose of this public hearing is to provide the
opportunity for residents to give their input prior to the Council beginning deliberations in the fall.
Attachments: none
BUDGET/FISCAL IMPACT: INPUT ONLY, NO MONETARY IMPACT
STAFF RECOMMENDATION: Set the public hearing for August 9th
CITY MANAGER REVIEW:
PROPOSED COUNCIL MOTION: SET PUBLIC HEARING FOR AUGUST 9, 2010
501 EVERGREEN POINT ROAD I P.O. BOX 144 MEDINA, WA 98039-0144
TELEPHONE 425-233-6400 1 FAX 425-454-8490 www.medina-wa.gov
July 2, 2010
TO: Medina City Council Members
FROM: Medina City Council Personnel Sub -Committee
Mayor BretJordan, Council Member Doug Dicharry,
and Council Member Katie Phelps
SUBJECT: Recommendation for Appointment to Planning Commission, Position 3
Honorable Medina City Council Members,
Confirmation of the personnel committee's recommendation is requested for the
appointment of David Lee to Planning Commission Position 3, a four-year term beginning
July 1 and expiring June 30, 2014.
Planning Commission Position 3 was previously held by Karen Sparks, who no longer desired
to occupy the position following its expiration.
The position vacancy was noticed between January 6 and March 1 and reposted between
March 8 and April 30. Notice was also published in the city's newsletter and on the website.
Mr. Lee's application was received during the recruitment held in late 2009 for the position
filled by Peter May in February. His application was one of three which were received during
that time period. Applications for all three candidates are attached for reference. No other
applications were on file for consideration.
ITEM CA-6
MEDINA CITY COUNCIL MEETING AGENDA BILL
SUBJECT/TITLE: AUTHORIZE NEGOTIATIONS WITH T-MOBILE FOR A LEASE AT
FAIRWEATHER PARK FOR A WIRELESS COMMUNICATION FACILITY
CATEGORY:
® Consent ❑ Ordinance
❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other - Discussion
STAFF REPORT BY: Robert J. Grumbach
BACKGROUND/SUMMARY:
T-Mobile has submitted an application seeking to lease City property at Fairweather Nature Preserve.
The purpose of the lease is to relocate their existing wireless communication facility (adjacent to
Evergreen Point Bridge) to a place outside of the state highway right-of-way. T-Mobile currently
provides cellular services to large areas of Medina and motorists on the SR 520 highway. They have
stated that a loss of a facility in this area would cause a significant gap in their service coverage.
The zoning code permits wireless communication facilities to be located within the park in the non -
forested areas adjacent to SR-520. Their proposal includes a stealth utility pole facility with antennas
located inside of the pole canister. A special use permit and construction permits will need to be
obtained in addition to a lease from the City.
Note: City Council action would only authorize the City Manager to proceed with negotiating a lease.
Final approval of a lease would require a future City Council action.
Attachment: Materials from T-Mobile's Application
BUDGET/FISCAL IMPACT: Monthly revenue to be negotiated
STAFF RECOMMENDATION:
CITY MANAGER REVIEW:
PROPOSED COUNCIL MOTION: Move to authorize negotiation of a lease agreement with T-Mobile and
their agent for the use of city property at Fairweather Nature Preserve to locate a wireless
communication facility and if a lease is successfully negotiated to bring the lease back to the City
Council for consideration
T ■ •Mobile• • •
May 27, 2010
City of Medina
Attn: Robert Grumbach
501 Evergreen Point Road
Medina, WA 98039
# JUNt
RE: T-Mobile Wireless Relocation Lease Application
T-Mobile Site: SE08014A Evergreen Point Relo
Mr. Grumbach,
T-Mobile has recently been informed by the Washington State Department of Transportation (WSDOT) that existing
wireless leases within Highway 520 will be terminated in July of 2010 and wireless carriers must work to relocate
affected sites. It has been communicated that the department's preference is for carriers to relocate facilities outside of
the 520 ROW area and that no promises of relocation within the ROW will be provided at this time.
T-Mobile currently provides cellular services to a large area of Medina with its existing Evergreen Point Bridge cellular
facility. This facility not only provides voice and data services but also vital E911 services to the surrounding community.
If T-Mobile's existing site were to be removed, it would cause a significant gap in coverage to the surrounding area of
Medina and Highway 520 motorists.
It would be T-Mobile's preference to relocate its existing site adjacent to Evergreen Point Bridge due north into
Fairweather Park just outside of the ROW area. The proposal includes a stealth utility pole facility with antennas located
inside the pole canister and ground equipment located in an adjacent equipment vault. We would like to work with the
city to come to agreement on greater specifics regarding the optimal design to meet the wireless needs of surrounding
area.
Please see MMC 19.08.020 (Lease Application) addressed below:
Any person that desires to solicit the city's approval of a facilities lease pursuant to this chapter shall file a lease proposal
with the city's clerk which, in addition to the information required by MMC 19.04.020, shall include the following:
A. A description of the telecommunications facilities or other equipment proposed to be located upon city property;
B. A description of the city property upon which the applicant proposes to locate telecommunications facilities or other
equipment;
Response: Proposed location exists at SW corner of Fairweather Park in Medina, WA with a given King County parcel
number of 2425049088.
C. Preliminary plans and specifications in sufficient detail to identify:
1. The location(s) of existing telecommunications facilities or other equipment upon the city property, whether publicly
or privately owned;
Response: There is an existing facility to the south of Fairweather Park that will be removed during SR-520 construction.
2. The location and source of electric and other utilities required for the installation and operation of the proposed
facilities;
Response: There are electric utility points that exist west of the proposed site on the east side of Evergreen Point Road.
D. Accurate scale conceptual drawings and diagrams of sufficient specificity to analyze the aesthetic impacts of the
proposed telecommunications facilities or other equipment,
Response: The design is conveyed through the provided construction drawings dated 5-21-2010 included in lease
application package.
E. Whether the applicant intends to provide cable service, video dialtone service or other video programming service,
and sufficient Information to determine whether such service is subject to cable franchising;
Response: T-Mobile's purpose for the facility is to provide wireless service to the surrounding community. The company's
operations are not within the scope of the definition of the abovementioned service and is therefore exempt from the
regulations of cable franchising.
F. An accurate map showing the location of any existing telecommunications facilities in the city that the applicant
intends to use or lease;
Response: Network map included in lease application package.
G. A description of the services or facilities that the applicant will offer or make available to the city and other public,
educational, and governmental institutions;
H. Such other and further information as may be requested by the city; and
Response: T Mobile is willing to work with the city on a mutually acceptable design and is also willing to provide any
further information that may be requested by the city.
I. An application fee which shall be set by the city council by resolution. (Ord. 692 § 5, 2001)
Response: It is T-Mobile's understanding that there is no upfront application fee and that all costs will be reimbursed to
the city during the lease review process.
Thank you for your consideration.
Sincerely,
Derrick Priebe
Site Development Specialist
TelcoPacific on behalf of T-Mobile
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ITEM CA-7
MEDINA CITY COUNCIL MEETING AGENDA BILL
Subject/Title: Authorization to negotiate a Solid Waste Contract with Allied
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other - Discussion
STAFF REPORT BY: Donna Hanson
BACKGROUND/SUMMARY:
RCW 81.77 provides for solid waste collection services in cities in one of three ways: (1) WUTC-
regulated collection; (2) Contracted collection; or (3) Municipal collection (city employees). Currently
the City of Medina falls under option (1) WUTC-regulated collection. Under the WUTC regulation, the
city has no authority to negotiate rates or service levels. In order to move away from the WUTC, RCW
35A.14.900 requires the City to enter into a franchise with the solid waste company (Allied) issued a
certificate of convenience and necessity by the WUTC to operate within the City, or to compensate
Allied for their loss. Most cities enter into a franchise agreement with the existing provider for a term of
seven years and then add another three years in consideration for a release of liability and hold
harmless agreement.
At the June 14, 2010 Regular meeting, Council discussed the benefits of negotiating a contract with
Allied Waste to start the clock running on the seven to ten year time period. There may not be much
latitude on rates during this period, but the City would have more direct oversight of the collection
system and could potentially add to services such as, free collection service to city facilities, recycling
events, collection of franchise fees, and the ability to negotiate additional services, such as weekly
recycling, for an additional fee. Council concluded that the primary goal would be more city control of
services, and then increased flexibility in the future.
It has been difficult to find documentation for past Council direction related to WUTC and solid waste
collection. The purpose of this action is simply to document Council's intent to negotiate a solid waste
contract with Allied and begin the timeline required to terminate WUTC control so that there is no
question of the action or intent of the City in the future.
BUDGET/FISCAL IMPACT: $5,000 estimate to negotiate contract
STAFF RECOMMENDATION: Approve consent agenda
CITY MANAGER REVIEW:
PROPOSED COUNCIL MOTION: AUTHORIZE THE CITY MANAGER TO ENTER INTO NEGOTIATIONS FOR A
CONTRACT WITH ALLIED WASTE IN ORDER TO BEGIN THE TIMELINE REQUIRED TO TERMINATE WUTC
CONTROL AND ESTABLISH MORE CONTROL OVER SOLID WASTE SERVICES IN THE CITY.
CITY OF MEDINA
Park Board Meeting Minutes
May 17, 2010
CALL TO ORDER
City of Medina
Council Chambers
Chair called the May 17, 2010 Park Board meeting to order at 6:03 pm.
ROLL CALL
Present: Gabriele Dickmann, Susan Flagg, Susan Greenberg,
Laura Weingaertner
Absent: Marelaine Dykes, Matt Kochel, Ross Mickel
Staff Present: Joe Willis, Director of Public Works;
Pamela Greytak, Administrative Assistant
ANNOUNCEMENTS
No announcements.
MINUTES
MOTION WEINGAERTNER/SECOND GREENBERG TO APPROVE APRIL 19, 2010
PARK BOARD MINUTES AS WRITTEN. MOTION PASSED 4-0. 6:03 m
AUDIENCE PARTICIPATION
No audience participation.
PARK REPORTS (6:03 pm)
Medina Park:
Greenberg reported that the water level had subsided in the muddy area of Medina
Park. Willis indicated that the standing water problem would be worked on next year.
Greenberg stated that the Blue Herons had relocated to another area of the park.
Dickmann reported that Medina Park was very clean. Weingaertner discussed her
concerns regarding park users ignoring dog leash rules. Weingaertner stated that police
officers patrolled the park the previous week.
Fairweather Preserve:
Greenberg stated that the depressed area of Fairweather Preserve was filling with tall
weeds.
Park Board Minutes Page 1 May 17, 2010
NEW BUSINESS
After discussing the most recent correspondence received from Shawn Fitzpatrick
regarding dog leash rules, boardmembers determined they would inquire about the
possibility of the police chief sending an a-lert to residents reminding them that the
spring/summer leash laws are in effect.
Blue Heron Webcam Update (6:16 pm)
Weingaertner stated that her goal is to have the web camera installed by next spring.
She spoke about a letter she received from the King County Conservation District
regarding funding that is available for parks projects such as the heron webcam. Willis
confirmed that on behalf of the park board, he would apply for grant dollars to benefit
the webcam project.
Dickmann reported that the herons moved across the street to the north. Weingaertner
stated that she would speak to the heron experts regarding the likelihood of the birds
returning to their previous location.
City Hall Construction Update (6:20 pm)
Willis confirmed that city hall construction is scheduled to begin after Medina Days and
the city is in negotiations with St. Thomas Church regarding temporarily locating city
offices on their property.
ADJOURNMENT
IMOTION FLAGG/SECOND GREENBERG TO ADJOURN MAY 17, 2010 PARK
BOARD MEETING. MOTION PASSED 4-0. (6.22 PM)
The next Park Board meeting will be held Monday, June 21, 2010 at 6:00 pm.
Minutes taken by:
Pamela Greytak, CIVIC
Administrative Assistant
Minutes approved 0612112010.
Park Board Minutes Page 2 May 17, 2010
May 19, 2010
7.00 p.m.
CALL TO ORDER
CITY OF MEDINA
Emergency Preparedness Committee Meeting
Medina City Hall Chambers
501 Evergreen Point Road
The Emergency Preparedness Committee Meeting was called to order at 7:04 p.m.
by Chair Kay Koelemay. This followed a Citizens Emergency Response Team
(CERT) Meeting.
ROLL CALL
Committee: Kay Koelemay, Dave Hedequist, Margaret Maxwell,
Volunteers: Doug Dicharry, Roger Ngouenet, Gary Sultan, Bruce Swenson
Staff Present: Police Lieutenant Dan Yourkoski, and Emergency Preparedness
Coordinator Kris Finnigan
APPROVAL OF MINUTES
MOTION MAXWELL/SECOND HEDEQUIST TO APPROVE APRIL 21, 2010
MEETING MINUTES AS WRITTEN. MOTION APPROVED.
OTHER BUSINESS
VHF Radio System
Discussion followed, relative to the importance of participation in radio check -ins, for
those who are in possession of city owned VHF radios. It was decided that
Hedequist would place calls to members of the radio group, to ensure that those with
radios wish to continue to be a part of the group, or return VHF radios to the city.
Maxwell stressed that each neighborhood should have one radio. Ngouenet
expressed the need to encourage people to teach their neighbors to use these
radios.
Dicharry reported that the scheduled Sunday radio checks appear to be better for
some than Tuesday nights, and not for others.
Battery charging and use was discussed. Lt. Yourkoski stated that batteries last for
one year. He said that there is a need to run down batteries completely, or there are
problems with their use.
Map Your Neighborhood Program
Koelemay reported that she was planning to invite her neighbors over to discuss the
Map Your Neighborhood Program, when the weather is better.
Maxwell reported that two people in her neighborhood had said that they will be
holding " Map Your Neighborhood Meetings."
Sound Shake 2010
Finnigan gave a brief overview of planning for "Sound Shake 2010," a regional
exercise to be held on October 6 & 7, 2010. She noted that the City of Medina will
be participating in this exercise, including the communications group.
Hedequist stated that the CERT group will be participating, along with the
communications group.
Medina Days
Some ideas discussed for the Medina Days Emergency Preparedness Booth were:
• Radio Scavenger Hunt
• CERT Class Announcement & Sign Ups
• Sound Shake 2010 Information
• Celebration of Emergency Preparedness Month in September
CERT
Hedequist announced that he will be checking with the City of Bellevue, to see if
Medina can adopt Bellevue's shortened version of CERT.
He said that he will be presenting "Light Search & Rescue" section of the CERT
Program at the next CERT Meeting, scheduled for Wednesday, June 16tn
The next meeting was scheduled for June 16, 2010 at 7 p.m., with the CERT group
scheduled to meet at 6 p.m. that same evening.
The meeting was adjourned at 8:15 p.m.
Minutes taken by:
W11
Kris Finnigan
Emergency Preparedness Coordinator
Emergency Preparedness Committee Minutes May 19, 2010 2
CITY OF MEDINA
Planning Commission Meeting
May 25, 2010 Medina City Hall Council Chambers
6:00 p.m. 501 Evergreen Point Road
CALL TO ORDER
The Planning Commission meeting of May 25, 2010, was called to order at 6:01 pm
by Chairperson O'Brien.
ROLL CALL
Present: Judie O'Brien, Molly Goudy, Peter May, Heija Nunn (arrived at
6:03 pm), Jeff Price (arrived at 6:08 pm), Karen Sparks, Ching -Pi
Wang
Absent: None
Staff Present: Robert Grumbach, Development Services Director
Donna Goodman, Development Services Coordinator
ANNOUNCEMENTS (6:02 pm)
There were no announcements from the Commission.
Grumbach made the following announcements:
• The City Council is expected to re -appoint Judie O'Brien and appoint an as -yet
unknown new member to replace Karen Sparks, whose terms are ending
following the June meeting, to the Planning Commission at their June 14th
meeting.
• The new building code is expected to be adopted at the June 14th City Council
meeting and will take effect July 1 st by state law.
• The City Attorney, Steve Victor, has accepted another position and a new
member of the firm Kenyon Disend will take his place.
APPROVAL OF MINUTES
MOTION NUNN / SECOND GOUDY TO APPROVE APRIL 27, 2010 MEETING
MINUTES AS SUBMITTED. MOTION APPROVED 7-0 (6:04 PM)
AUDIENCE PARTICIPATION (6:04 pm)
Charlie Klinge, a land use attorney representing resident Charles Simonyi, explained
Mr. Simonyi's predicament in desiring to upgrade the interiors and perform exterior
maintenance on his non -conforming residence. Due to code limitations on the
maximum value of construction allowed on a non -conforming structure without
bringing it into conformance, the project could not be approved under the existing
codes. Klinge explained that Simonyi was granted variances when the residence
Planning Commission Minutes Page 1 May 25, 2010
was built and that bringing it into compliance was not feasible and demolishing and
rebuilding the house not desirable. He indicated he had been in discussion with
Robert Grumbach regarding possible code amendments that might provide a solution
and had also addressed the Council, and wanted the Commission to be aware of this
issue.
Following some discussion by the Commission, Grumbach clarified that this issue is
already on their work program and that they would be addressing it later in the year
after completing some higher priority matters.
Chair closed audience participation of the meeting. (6:17 pm)
PUBLIC HEARINGS
Legislative Item #1: Proposed code amendments relating to administrative
review procedures for project permits, text amendments and comprehensive
plan amendments.
Chair opened the public hearing (6:17 pm)
Grumbach explained that this ordinance would eliminate the existing chapter 14.04
and consolidate language resulting in more logical procedures. Grumbach stated
that he had incorporated Sparks' comments and corrections into the document.
Charlie Klinge addressed the text amendments on pages 16 and 17 of 48 and
pointed out that according to the proposed language only a Commission member, a
Council member or staff would be able to propose amendments. He suggested
allowing residents to propose amendments but that incorporating an application fee
would deter frivolous proposals.
Chair closed the public hearing (6:24 pm)
The Commission discussed the issue raised by Klinge.
MOTION MAY / SECOND WANG TO APPROVE THE RECOMMENDATION AS
WRITTEN FOR THE CODE AMENDMENT RELATING TO ADMINSTRATIVE
REVIEW PROCEDURES FOR PROJECT PERMITS, TEXT AMENDMENTS TO
DEVELOPMENT REGULATIONS, AREA -WIDE ZONING MAP AMENDMENTS,
AND COMPREHENSIVE PLAN AMENDMENTS. (6:24 PM)
Discussion followed on the subject of parties of record. Nunn suggested that the
language be clarified if form letters do not serve to add the commenter as a party of
record. Grumbach explained that form letters would serve to add a commenter as a
party of record.
MOTION ABOVE APPROVED 6-1, NUNN OPPOSED (6:38 pm)
Legislative Item #2: Proposed Code Amendment Relating to Divisions of Land
and Lot Line Adjustments.
Chair opened the public hearing. (6:38 pm)
Planning Commission Minutes Page 2 May 25, 2010
Grumbach explained that the proposed code language would replace title 16
originally adopted in 1964, which remains mostly unchanged, and the short plat
provisions adopted in 1975.
There were no public comments.
Chair closed the public hearing. (6:40 pm)
MOTION MAY / SECOND NUNN TO APPROVE THE RECOMMENDATION AS
WRITTEN FOR THE CODE AMENDMENT RELATING TO DIVISIONS OF LAND
AND LOT LINE ADJUSTMENTS. MOTION APPROVED 7-0 (6:41 PM)
OTHER BUSINESS
1) Draft Code Amendment Relating to Fee Ordinance (6:41 pm)
Grumbach explained that this is an effort to revise development fees to make them
more predictable for applicants and to allow the city to collect advance deposits from
applicants to cover consultant charges associated with permits. The second step will
be for the Council to approve a fee schedule. Grumbach went on to say that the city
attorney is reviewing the ordinance but that he was looking for the Commission's
feedback.
The Commission questioned how Medina's fee structure compares with other cities
and Grumbach explained that the major difference is that Medina uses consultants to
provide services more than most other cities and that those costs are passed through
to applicants. He went on to say that the larger projects would continue to be
required to submit valuation but that fees for the smaller projects would be
determined by the tables. Discussion followed.
Mayes asked who would pay the appeal fee in the event an appeal of permit fees
was upheld by the hearing examiner. Grumbach agreed it would be a good idea to
add a clause to allow that appeal fees to be reversed if the fees being appealed were
determined by the hearing examiner to be unreasonable.
Grumbach stated that the language he used was taken from King Co. and that he
was trying as much as possible to eliminate the reconciliation process at the end of
projects. If the code is adopted, he would obtain an estimate from the consultants of
their application review cost for a project and request a deposit from the applicant for
that amount. As the project proceeds, the actual consultant costs would be deducted
from the deposit. If the deposit drops too low, the applicant would be asked to
deposit additional funds. Grumbach stated that this ordinance will have a public
hearing before the City Council.
2) Continued Discussion on Development/Building Envelope Standards Floor Area
Rafio (7.00 pm)
Grumbach reported that he had talked with the planner for Hunts Point and learned
that applying the floor area ratio requirement can be challenging, but that it allows the
applicant more design flexibility. Adding the angle requirement above the first floor
would address the bulk issue for neighboring properties, as the council had directed,
Planning Commission Minutes Page 3 May 25, 2010
and the buildable area lost due to the angle could be placed somewhere else if floor
area ratio is used.
Nunn stated that this would not make sense for small lots and discussion followed on
the impact of this proposal on small lots.
Grumbach stated that another alternative to the angling approach would be the
wedding cake approach, with a setback for the second story. Discussion took place
on the non -conformities that would be created if these changes were to be adopted.
Some members felt it would be a good idea to do an assessment of what is existing
and how the proposed changes would affect what could be built. Several members
expressed a reluctance to recommend an ordinance that would in effect introduce
design standards.
Discussion occurred on how to approach this issue with the City Council and if the
Commission is ready to approach the issue with the City Council or if additional work
is yet to be done. Nunn asked if the Council and Planning Commission ever do joint
study sessions and whether it would be possible to sit down with the Council to
discuss this issue. Some felt it was not worthwhile to spend a lot of time on the
details of what would count, etc, without further direction from the Council. Others
felt it would be valuable to explore the issue further in order to be able to make an
informed recommendation on the subject.
MOTION NUNN TO PROVIDE AN UPDATE TO THE CITY COUNCIL THAT
SUMMARIZED THE COMMISSION'S DISCUSSION. THERE WAS NO SECOND.
(7:44 PM)
It was decided that the Planning Commission Chair would report on this item to the
Council at their next meeting and Nunn withdrew her motion.
This item was continued for further discussion. (7.51 pm)
3) Briefing on City Council Action Relating to Wireless Communication Facility (7.51
PM)
Grumbach informed the Commission that the Council is interested in making wireless
communication more available in Medina and explained that it is much more widely
used since the original rules were put in place in the City. He described a proposal
that is before the Council to build a new system that involves fiber optics strung
between power poles, rather than a few large antennas. Grumbach explained that
he was advising the Commission of this issue but that the Council would be taking
the lead rather than referring it to the Commission for their recommendation.
However, he went on to say, the Council did suggest a joint workshop might be
desirable. Nunn stated that she would like to add the issue of building envelope
standards to the agenda of the proposed joint meeting regarding wireless facilities.
The consensus, however, was that a joint meeting should not be requested at this
time to discuss building envelope standards.
Planning Commission Minutes Page 4 May 25, 2010
ADJOURNMENT
MOTION PRICE / SECOND MAY TO ADJOURN MAY 25, 2010 PLANNING
COMMISSION MEETING. MOTION APPROVED 7-0 8.07 PM
The next Planning Commission meeting will be held on Tuesday, June 22, 2010, at 6:00 pm.
Minutes taken by:
Donna Goodman
Development Services Coordinator
Minutes approved 06/2V2010.
Planning Commission Minutes Page 5 May 25, 2010
ITEM PH-1/ 0113-1
MEDINA CITY COUNCIL MEETING AGENDA BILL
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MEDINA,
WASHINGTON, RELATING TO ADMINISTRATIVE REVIEW PROCEDURES
SUBJECT/TITLE: FOR PROJECT PERMITS, TEXT AMENDMENTS TO DEVELOPMENT
REGULATIONS, AREA -WIDE ZONING MAP AMENDMENTS, AND
COMPREHENSIVE PLAN AMENDMENTS
CATEGORY:
❑ Consent ® Ordinance
® Public Hearing
❑ City Council Business ❑ Resolution ❑ Other - Discussion
STAFF REPORT BY: ROBERT J. GRUMBACH
BACKGROUND/SUMMARY:
The purpose of the ordinance is to replace existing procedures for processing permits and
amendments to development regulations, which are generally confusing and incomplete, with a more
cohesive set of regulations. Additionally, the ordinance would add new procedures for processing
comprehensive plan amendments.
In summary the proposed code amendment would:
• Consolidate project -permit review procedures into a single chapter.
• Assign each permit a decision type that corresponds to public notice and hearing requirements.
• Add vesting of permit provisions.
• Under consolidated review, when multiple permits require public hearings by different decision -
makers, allow flexibility in who will be designated the decision -maker rather than having these
automatically go to the City Council.
• Tighten up appeal procedures including who constitutes a party of record.
• Add Development Agreements, which are authorized by state law.
• Clarify procedures for processing text code amendments:
o Requires the Planning Commission to forward a written recommendation to the City
Council.
• Separate procedures for area -wide rezones (zoning map amendments) and site -specific rezones.
• Add procedures for processing comprehensive plan amendments:
o Annual docketing of amendments (runs September to September).
o Includes procedures when the City Council significantly modifies a Planning Commission
recommendation.
A summary of the changes are attached to the agenda bill.
Attachments: Draft Ordinance
Memorandum summarizing changes
BUDGET/FISCAL IMPACT: None
STAFF RECOMMENDATION:
CITY MANAGER REVIEW:
PROPOSED COUNCIL MOTION: Move to adopt 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, and comprehensive plan amendments
P"Aof, ITEM PH-1/ OB-1 ATTACHMENT
CITY OF MEDINA
501 EVERGREEN POINT ROAD, MEDINA WA 98039
425.233.6400 (PHONE) 425.454.8490 (FAX) www.medina-wa.gov
July 12, 2010
To: Mayor and City Council
Via: Donna Hanson, City Manager
From: Robert J. Grumbach
Subject: Summary of Ordinance Changes Item PH-1/ OB-1
SUMMARY OF CHANGES:
New Code
Existing Code
Notes:
Purpose (20.80.010)
None
Purpose statements were added to help
give context to the regulations
Applicability (20.80.020)
14.04.070
The existing code section includes appeal
provisions that are consolidated elsewhere
in the chapter
General Provisions
14.04.160
Adds code language for standard of
(20.80.030)
review, for vesting and for conflict with
other code provisions.
(Chapter 20.81)
14.04.020
This section is related to code
amendments, which are not project
permits. This will be moved to a new
chapter for legislative actions.
Definitions (20.80.040)
14.04.010
Existing definitions were incomplete. New
definitions are added to provide greater
detail.
Designation of Decision
14.08.020
This new section categorizes decisions
Types (20.80.050)
and provides descriptions for better clarity
in identifying review procedures.
None
14.04.050
This section designates a single person
and is redundant.
Project Permit
14.08
This is a new section that consolidates and
Procedures (20.80.060)
14.12.040
reformates the review procedures for
15.20.050
better clarity.
16.08.040 -.080
16.08.140
17.52.050
17.56A.020
Pre meetings
14.12.040(A)
References to pre meetings are found in
20.80.070
17.44.020 D
the fee chapter and for site plan review
Submission
14.04.020
The new section provides flexibility in
requirements
16.08.130
determining submission requirements by
20.80.080
17.56.020
allowing staff to develop checklists.
Optional consolidated
14.04.090
Edited for clarity plus for combined
review (20.80.090)
application, the highest decision authority
specified by the code or by the director will
ITEM PH-1/ OB-1 ATTACHMENT
decided combined permits. A significant
change is that the council would not
necessarily hear and decide consolidated
reviews.
Determination of
14.04.030
Edited for clarity.
Completeness
14.08.030(A)
20.80.100
Notice of Application
14.04.130
Edited for clarity and the notice provisions
(20.80.110)
14.08.030(B)
were moved to a separate section (.140).
17.56.040
Also, provisions were consolidated.
Notice of Hearing
14.04.100
Existing code contains general hearing
(20.80.120)
15.20.050(B)(2)
procedures and is outdated and
16.08.070
incomplete. In the case of rezones that
17.56.040
are not site -specific, these regulations will
17.94.060-.090
be moved to a new chapter for legislative
actions.
Joint Hearings
14.04.120
Minor editing for clarity.
20.80.130
General Notice
14.04.130(D)
The new section consolidates and clarifies
Requirements
17.94.040
notice requirements.
20.80.140
Combining Notices
None
The new section is informational
20.80.150
Public & Agency
14.08.030(C)
This provides greater predictability about
Comments 20.80.160
when comments should be submitted.
Consistency (20.80.170)
None
The requirement for consistency is found
in state law (RCW 36.70B). It is
referenced in 14.08.130(B)(7), but not
explained.
Reports (20.80.180)
14.04.100(B)
Edited for clarity and added a requirement
17.94.050
for the report to be available at least 7
days prior to a hearing
Decisions (20.80.190)
14.08.040
New section supports the consolidated
approach to regulations
Notice of Decision
14.04.1 00(C)(1 1)
Revised to fit consolidated approach and
(20.80.200)
14.08.040
edited for clarity.
17.94.120
Processing Timelines
14.04.040
Edited for clarity plus added excluding up
(20.80.210)
to 30 days if a code interpretation is
required
Appeals (20.80.220)
14.04.110
The new section consolidates and outlines
14.04.070
in greater detailed appeal procedures.
14.08.050
One proposed significant change would be
14.12.060
to narrow down who has standing to
15.04.120
appeal and when a decision can be
15.08.090
appealed. The reason is to provide
15.20.070
greater predictability for the applicant. The
17.94.130
other change would be that all
administrative appeals are heard by the
hearing examiner. The Planning
Commission currently hears appeals of
Level 1 Construction Mitigation Plans.
ITEM PH-1/ OB-1 ATTACHMENT
Appeal Procedures
20.80.230
14.04.110
See comments above under (.220)
Development
None
Note: this is a tool allowed by state law — it
Agreement (20.80.240)
replaced what use to be known as contract
rezones
(Chapter 20.83)
14.04.150
Comp plan amendments are not project
permits and are moved to a new chapter
20.83
SUMMARY OF OTHER CHANGES:
,fiction . J
Notes'
12.28.035, .055, .140, .170, .180,
Deleted procedures for tree permits and revised to
.230, .260
provide consistency with new chapter 20.80
12.28.035
New section to clarify Type 1 decision process for
removing trees on private property
12.28.190
Revised posting notice requirements on trees to
allow greater flexibility
Chapter 14.04
Delete existing chapter on project permit
procedures
15.20.010
- Minor revisions to CMP to provide consistency
with new chapter 20.80
- Changed terms of administrative and public
hearing to Level 1 and Level 2 CMP
15.20.050, .060, 070
Deleted CMP procedures and revised to be
consistent with new chapter 20.80
17.56.020, .030, .040
Deleted CUP/ SUP procedures and revised for
consistency with new chapter 20.80
17.56A.020
Revised to be consistent with new chapter 20.80
17.5613.040
Revised to be consistent with new chapter 20.80
17.80.120
Deleted as redundant
Chapter 17.94
- Legislative rezone procedures are removed and
moved to chapter 20.82
- Site -specific rezone procedures are updated
ITEM PH-1/ OB-1
1 CITY OF MEDINA
2
3 Ordinance No.
4
5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MEDINA,
6 WASHINGTON, RELATING TO ADMINISTRATIVE REVIEW PROCEDURES
7 FOR PROJECT PERMITS, TEXT AMENDMENTS TO DEVELOPMENT
8 REGULATIONS, AREA -WIDE ZONING MAP AMENDMENTS, AND
10 COMPREHENSIVE PLAN AMENDMENTS
11 WHEREAS, the City of Medina is classified as a non -charter code City under title
112
3 35A RCW; and
14 WHEREAS, the Regulatory Reform Act, chapter 36.7013 RCW, directs local
15 governments to modify their land development permit procedures to provide certainty for
16 development decisions, ensure that permits are reviewed and issued in a timely manner,
17 provide opportunities for public comment regarding proposed development; and
18
19 WHEREAS, the Growth Management Act (GMA), chapter 36.70A RCW, and
20 Planning and Zoning in Code Cities, chapter 35A.63 RCW, establish minimum requirements
21 for administrative procedures for processing amendments to comprehensive plans and
23 zoning regulations; and
24 WHEREAS, the City Council adopted a chapter on project permit applications by
255 Ordinance 600, on March 11, 1996; and
27 WHEREAS, the City Council has adopted numerous other administrative review
29 procedures relating to project permits throughout the Medina Municipal Code; and
30 WHEREAS, the City performed a comprehensive review of its zoning and
31 development regulations; and
33 WHEREAS, a permitting and zoning study was prepared and presented to the City
34 Council at a special meeting on June 29, 2009, with the following goals:
35
36 1. Create a user-friendly code that is more easily understood by people who are not
377 land use professionals;
39 2. Maintain consistency with state and federal law, including consistency with Medina's
440 comprehensive plan;
42 43 3. Clarify confusing and ambiguous language, and correct conflicting regulations;
44 4. Eliminate redundancy whenever possible;
45
46 5. Maintain flexibility to address individual circumstances by better defined discretionary
47 decision -making authority;
48
49 6. Include clear intent language and performance standards;
50
51 7. Ensure permitting processes include meaningful opportunities for public input as
52 53 appropriate; and
1 of 48
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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:
follows:
Section 1. A new chapter 20.80 of the Medina Municipal Code is adopted to read as
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.
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w vi QllCil 0111111Q1 UU11111UVIla luullu vibuwllele wimm one mealna Iwunlclpal uoae
2 except when specifically applied to the provisions of this chapter.
3 1. "City" means City of Medina.
d 9 "C`IncnH-rarnrrl nnncol" monnc
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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.
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1 20.80.130 Joint public hearing.
2 20.80.140 General notice requirements.
3 20.80.150 Combining notices.
4 20.80.160 Public and agency comments.
5 20.80.170 Consistency determination.
6 20.80.180 Report by City staff.
7 20.80.190 Decisions.
8 20.80.200 Notice of decision.
9 20.80.210 Processing timelines.
10 20.80.220 Appeals.
11 20.80.230 Administrative appeal procedures.
12 13 20.80.240 Development Agreements.
114
5 20.80.010 Purpose.
16 A. Fundamental land use planning choices made in adopted comprehensive plans and
17 development regulations shall serve as the foundation for project review. The purpose
18 of this chapter is to establish the review procedures for processing project permit
19 applications consistent with chapter 36.70B RCW and local neighborhood involvement.
20 B. Project permit review shall be used to identify specific project design and conditions
21 relating to the character of development, such as the details of site plans, drainage,
23 landscaping, construction and other measures to mitigate a proposal's impacts.
24 20.80.020 Applicability.
25
26 A. This chapter shall apply to all project permits set forth in this chapter, unless specifically
27 exempt otherwise by law.
28 B. State agencies shall comply with the provisions of this chapter as provided in RCW
29 36.70A.103. This provision does not affect the state's authority to site essential public
30 facilities as provided for under RCW 36.70A.200.
32 20.80.030 General Provisions.
33
34 A. Exemptions. The following project permits are exempt from this chapter:
35 1. Landmark designations;
36 2. Street vacations;
37 3. Legislative actions, such as those set forth in chapters 20.81 through 20.83 MMC.
38 B. Standard of Review. The land use regulations in effect on the date an application vests
39 will be the standard of review.
40 C. Vesting. A project permit application shall vest in the development regulations in effect
41 at the time of submission of a completed project permit application as defined herein and
42 all application fees are paid.
43 D. Conflict with Other Regulations. When any provisions of this chapter conflicts with
44 provisions of other City regulations, ordinances or resolutions, the more restrictive shall
45 apply.
477 20.80.040 Definitions applicable to chapter.
48
49 A. Words in this chapter used in the singular shall include the plural, and the plural shall
50 include the singular, unless the context clearly indicates the contrary.
51 B. The following definitions apply to this chapter and they should be used in conjunction
52 with other definitions found in title 20 MMC. However, these definitions are not intended
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1 to replace or alter similar definitions found elsewhere within the Medina Municipal Code
2 except when specifically applied to the provisions of this chapter.
3 1. "City" means City of Medina.
4 2. "Closed -record appeal" means an administrative appeal on the record on a project
5 permit application following an open -record hearing with no or limited new evidence
6 or information allowed to be submitted and only appeal argument allowed.
7 3. "Days" means calendar days.
8 4. "Development regulations" means the controls placed on development or land use
9 activities including, but not limited to building codes, zoning, critical areas, shoreline
10 master programs, official controls, subdivision, together with any amendments
11 thereto.
12 5. "Director" means the City manager or designee.
13 6. "Hearing body" means the body designated by the City Council to preside over an
14 open -record hearing or closed -record appeal.
15 7. "Hearing Examiner" means the Administrative Hearing Examiner set forth in chapter
16 2.78 MMC.
17 8. "Open -record appeal hearing" means an open -record hearing held on an appeal
18 when no pre -decision hearing has been held on the project permit application.
19 9. "Open -record hearing" means a hearing that creates the City's record through
20 testimony and submission of evidence and information, under procedures prescribed
21 by the City by ordinance or resolution. An open -record hearing held prior to the City's
22 decision on a project permit application shall be known as a "pre -decision hearing."
23 10. "Parties of Record" means:
24 a. The applicant and any appellant;
25 b. The property owner, if different than the applicant;
26 c. The City;
27 d. Any person or public agency who individually submitted written comments to
28 the City prior to the closing of the comment period provided in a legal notice;
29 e. Any person or public agency who individually submitted written comments for
30 or testified at a pre -decision hearing;
31 f. Any person or public agency who submitted to the City a written request to
32 specifically receive the notice of decision or to be included as a party of
33 record prior to the closing of a open -record pre -decision hearing.
34 A party of record does not include a person who has only signed a petition. (See
35 MMC 20.80.160.)
36 11. "Project permit" or "project permit application" means any land use or environmental
37 permit or license required from the City for a project action, including but not limited
38 to building permits, subdivisions, conditional/ special uses, shoreline permits, site
39 plan review, permits or approvals required by critical area ordinances, site -specific
40 rezones authorized by a comprehensive plan, tree removal permits, right-of-way
41 permits, but excluding the adoption or amendment of a comprehensive plan, subarea
42 plan, or development regulations.
43 12. "Public meeting" means an informal meeting, hearing, workshop, or other public
44 gathering of persons to obtain comments from the public or other agencies on a
45 proposed project permit prior to the City's decision. A public meeting does not
46 include an open -record hearing. The proceedings at a public meeting may be
47 recorded and a report or recommendation may be included in the City's project
48 permit application file.
49 13. "SEPA" means the State Environmental Policy Act and includes the provisions of
50 chapter 43.21 C RCW, chapter 197-11 WAC and chapter 18.04 MMC.
51
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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 - Type 1 decisions
Project Permit
Decision
Authority
Procedure Requirements
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 I
D
No
No
No
Yes
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Notes:
"DOC" - determination of completeness required pursuant to MMC 20.80.100
"NOA" - notice of application required pursuant to MMC 20.80.110
"NOH"- notice of hearing required pursuant to MMC 20.80.120
"NOD" — notice of decision required pursuant to MMC 20.80.200
TO" means building official has authority to make the decision
"D" means the director has authority to make the decision
S' 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 Tahla 9n sm nanrRi _ T..s q
Project Permit
Decision
Procedure Re uirements
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
SEPA
BO/ D1
Yes
Yes
No
Yes
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
"NOH"- notice of hearing required pursuant to MMC 20.80.120
"NOD" — notice of decision required pursuant to MMC 20.80.200
TO" 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 Tahla 2n_Rn_nantri - Tuna 3 rloricinn¢
Project Permit
Decision
Authority
Procedure Requirements
DOC
NOA
NOH
NOD
Non -administrative special use permit
HE
Yes
Yes
Yes
Yes
Conditional use permit
HE
Yes
Yes
Yes
Yes
Historical use permit
HE
Yes
Yes
Yes
Yes
Non -administrative variance
HE
Yes
I Yes
I Yes I
Yes
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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
"NOX - 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.
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3. An intake meeting is not a determination of a complete project permit application as
2
set forth in MMC 20.80.100 and does not vest the application.
3
20.80.080 Submission requirements.
5
6
A.
A project permit application shall be on forms, number of forms, and be in a manner
7
determined by the City.
8
B.
The City shall establish the minimum submittal requirements consistent with MMC
9
20.80.080(C) and other provisions of the Medina Municipal Code for each type of project
10
permit application. The submittal requirements shall be made available to the public in a
11
written checklist or other form provided by the City that clearly describes the materials
12
that must be submitted for an application to be considered acceptable.
13
C.
Unless specified otherwise, an application shall at a minimum include the following:
14
1. A completed application form;
15
2. A legal description of the property, property address, and associated tax parcel
16
number;
17
3. A vicinity map showing the location of the property including surrounding streets,
18
private lanes, shorelines and other reference points;
19
4. A site plan when physical changes to the property will result from approval of the
20
application;
21
5. When required, mailing labels containing the names and addresses of all owners of
22
record of parcels within the notification radius prescribed by this chapter;
23
6. The names, addresses, and phone numbers of the applicant and all owners of the
24
property, along with a signed letter or other verification of the owner consent to the
25
application;
26
7. When required, SEPA checklist and/or other environmental documentation;
27
8. Additional information required by the City to support a decision on the application;
28
and
9. Application fee.
329
0
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20.80.090 Optional consolidated permit review.
32
33
A.
An application, which involves two or more project permits, may have the review
34
processes consolidated under the procedures for the highest category of a type of
35
decision. The applicant shall specify whether they want the project permit applications
36
consolidated under a single review process or separately.
37
B.
Only one open -record hearing and no more than one closed -record appeal shall be
38
allowed under a consolidated review process. If a pre -decision hearing is provided prior
39
to the decision on a project permit application, a subsequent open -record appeal hearing
40
shall not be allowed.
41
C.
The City may require an applicant to submit project permit applications under a
42
consolidated review process if it is found necessary to comply with the one open -record
43
hearing rule.
44
D.
If multiple permits for a project are processed separately, the highest type of decision
45
shall be final before subsequent permits can be issued. The director may waive this
46
requirement when a project permit is not dependent on the higher type of decision for its
47
justification or implementation.
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E.
If two or more authorities are designated to decide project permits under the highest
49
category of consolidated review, except for applications involving subdivisions, which
50
must be decided by the City Council, the director shall designate which of the authorities
52
shall decide the consolidated project permit applications.
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i w.ou. I w uetermination of completeness.
2
3 When the tables in MMC 20.80.060 identify a requirement for a determination of
4 completeness, the following shall apply:
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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;
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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.
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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:
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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.
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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;
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4. King County Assessor's office; and
5. Any other party determined appropriate by the City.
20.80.210 Processing timelines.
A.
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C.
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F.
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.
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.
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.
All excluded periods are calculated from the date the City notifies the applicant to when
the information satisfies the City's requirement.
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.
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
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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.
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1 C. If an appeal of a SEPA threshold determination is filed and action on the project permit
2 involves a pre -decision hearing, the appeal hearing and pre -decision hearing shall be
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combined.
The Hearing Examiner may summarily dismiss an appeal in whole or in part without a
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hearing, if the Hearing Examiner determines that the appeal is untimely, incomplete,
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without merit on its face, frivolous, beyond the scope of the Hearing Examiner's
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jurisdiction, or brought merely to secure a delay. Summary dismissal orders shall be
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issued within 14 days of receipt by the Hearing Examiner of the appeal or a request for
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dismissal, whichever is later.
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E.
The City shall provide written notice of the appeal hearing at least 14 days prior to the
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date of the hearing. The notice may be combined with other notices pursuant to MMC
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20.80.150. Written notice shall be sent by at least first class postage to the following:
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1. The appellant and the appellant's representative, if any;
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3. All parties of record.
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F.
The rules for the conduct of the hearing shall be pursuant to MMC 2.78.060.
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G.
A final decision shall be issued within 14 days after the conclusion of the hearing or not
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later than the time periods set forth in MMC 20.80.230(A), whichever is sooner, unless
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the appellant agrees to an extended time period.
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H.
The Hearing Examiner may affirm, may reverse in whole or in part, or may modify the
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permit or decision being appealed, or may remand the matter back to City staff with
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directions for further processing.
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I.
The appeal decision shall include findings based upon the record and conclusions which
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support the decision.
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J.
If the application is remanded back to City staff for further processing, the Hearing
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Examiner's decision shall not be considered a final decision, except for purposes of
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application time limitations. If a new decision is issued by the City, a new appeal period
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shall commence consistent with the provisions of this chapter.
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K.
Notice of the Hearing Examiner's decision, which may be the decision itself, shall be
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provided to all parties to the appeal.
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Any party to the appeal may file a written petition for reconsideration of the Hearing
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Examiner's decision pursuant to MMC 2.78.090.
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20.80.240
Development Agreements.
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A.
The City may enter into a development agreement with a person having ownership or
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control of real property within its jurisdiction or outside its boundaries as part of a
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proposed annexation or a service agreement. A development agreement sets forth the
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development standards and other provisions that shall apply to and govern and vest the
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development, use, and mitigation of the development of the real property for the duration
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specified in the agreement.
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B.
A determination of completeness, notice of hearing and a notice of decision are required
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pursuant to the provisions of this chapter. The 120-day time limit for the notice of
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decision shall not apply to a development agreement.
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C.
The City Council may approve a development agreement by ordinance or resolution
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only.
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Section 2. A new chapter 20.81 of the Medina Municipal Code is adopted to read as
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follows:
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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.
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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.
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1 A. Review procedures are prescribed in chapter 173-26 of the Washington Administrative
2 Code. A minimum of one public hearing shall be held prior to City Council action on a
3 proposed amendment.
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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.
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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.
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
C. The proposed amendment advances the public interest of the community.
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1 20.82.080 Comprehensive plan consistency.
2
3 If a comprehensive plan amendment is required to satisfy the approval criteria in MMC
4 20.81.070, approval of the comprehensive plan amendment is required prior to or
5 concurrently with the granting of an approval of an amendment to the Official Zoning Code
6 Map.
7
8 20.82.090 Appeal.
9
10 City Council action on an ordinance to adopt amendments to the official zoning map is a
11 final decision, but may be reviewable by filing a petition for review with the Central Growth
12 Management Hearings Board in accordance with RCW 36.70A.290, except as otherwise
13 provided by law.
14
15 Section 4. A new chapter 20.83 of the Medina Municipal Code is adopted to read as
16 follows:
17
18 Chapter 20.83
19 COMPREHENSIVE PLAN AMENDMENTS
20
21 20.83.010 Purpose.
22 20.83.020 Applicability.
23 20.83.030 Initiation.
24 20.83.040 Annual amendment process.
25 20.83.050 Outside the annual amendment process.
26 20.83.060 Amendment submittal.
27 20.83.070 Application.
28 20.83.080 Cumulative effects.
29 20.83.090 State Environmental Policy Act review.
30 20.83.100 Review procedures.
31 20.83.110 Public participation.
32 20.83.120 Notice.
33 20.83.130 Approval criteria.
34 20.83.140 Appeal.
35
36 20.83.010 Purpose.
37
38 This chapter establishes a mechanism for amending the Medina Comprehensive Plan. It
39 provides for simultaneous review of proposals to allow cumulative impact analysis of all
40 applications on a citywide basis and honors the community's long-term investment in the
41 comprehensive plan, through public participation.
42
43 20.83.020 Applicability.
44
45 This chapter applies to text amendments to the language of the comprehensive plan and/ or
46 to amendments of the comprehensive plan land use map.
47
48 20.83.030 Initiation.
49
50 An amendment to the text of the comprehensive plan or an amendment to the
52 comprehensive plan land use map may be initiated by any person or entity.
53
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1 20.83.040 Annual amendment process.
2
3 The City Council shall consider amendments to the Medina Comprehensive Plan no more
4 than once each calendar year, except as provided in MMC 20.83.050.
5
6 20.83.050 Outside the annual amendment process.
7
8 The City Council may consider amendments to the comprehensive plan outside of the
9 annual amendment process set forth in MMC 20.83.040 for the following:
10 A. The initial adoption of a subarea plan that clarifies, supplements, or implements
11 comprehensive plan policies and have had cumulative impacts addressed pursuant to
12 MMC 20.83.080;
13 B. The adoption or amendment of a shoreline master program under the procedures set
14 forth in chapter 90.58 RCW;
15 C. The amendment of the capital facilities element of a comprehensive plan that occurs
16 concurrently with the adoption or amendment of the City's budget;
17 D. The adoption of comprehensive plan amendments necessary to enact a planned action
18 under RCW 43.21 C.031(2); and
19 E. Whenever an emergency exists or to resolve an order from the Central Puget Sound
20 Growth Management Hearings Board or court.
21
22 20.83.060 Amendment submittal.
23
24 A. Applications to amend the comprehensive plan shall be submitted to the City.
25 B. Applications shall be assigned to a docket consisting of all comprehensive plan
26 amendment applications received during the preceding 12 months from the date
27 prescribed in MMC 20.83.060(C). A current copy of the docket shall be maintained by
28 the City and shall be available for public inspection during regular business hours.
29 C. An application must be received by the City by the last business day in September to be
30 included in the upcoming annual amendment process. Applications received after this
31 deadline shall be placed on the next docket for the following annual amendment
32 process, except as provided in MMC 20.83.060(D).
33 D. The City manager or designee may, at his or her sole discretion, accept applications
34 filed after the deadline if review has not begun on the pending applications and
35 acceptance of the late application will not have a significant impact on the processing of
36 the pending applications.
37 E. Applications must be complete pursuant to MMC 20.83.070 for acceptance by the City.
38 Incomplete applications will not be accepted for filing.
39
40 20.83.070 Application. l
41
42 This section shall not apply to comprehensive plan amendments initiated by the City
43 Council, Planning Commission, or City staff. All other applicants shall submit an application
44 on a form provided by the City and include the following information:
45 A. Name and address of the person or persons proposing the amendment;
46 B. A completed environmental checklist (SEPA);
47 C. A description and/or map of the proposed amendment;
48 D. A written statement explaining the following
49 1. The purpose for the proposed amendment;
50 2. How the amendment is consistent with the Washington State Growth Management
51 Act;
52 3. How the amendment is consistent with the adopted countywide planning policies;
53 and
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1 4. How the amendment furthers the purpose of the City's comprehensive plan.
2 E. An application fee set forth in the fee schedule. Additionally, the applicant may be
34 responsible for costs pursuant to MMC 20.83.090(B).
5 20.83.080 Cumulative effects.
6
7 Except as otherwise provided in MMC 20.83.050, all proposed annual amendments to the
8 comprehensive plan shall be considered concurrently so the cumulative effect of the various
9 proposals can be ascertained. The analysis of the cumulative effects shall be conducted
10 under State Environmental Policy Act (SEPA) review prescribed in 20.83.080.
11
12 20.83.090 State Environmental Policy Act review.
13
14 A. After each January 2nd, the City's Responsible Official shall review the cumulative
15 environmental effect of all proposed Comprehensive Plan amendments, pursuant to the
16 State Environmental Policy Act (RCW 43.21 C).
17 B. If the responsible official determines that a draft final or supplemental environmental
18 impact statement (EIS) or other appropriate environmental review is warranted,
19 applicants may be responsible for a full or proportionate share of the costs to prepare
20 the environmental analysis as determined by the Responsible Official.
21 C. Payment of a full or proportionate share of the costs to prepare the environmental
22 analysis does not guarantee the proposed comprehensive plan amendment will be
23 approved.
24
25 20.83.100 Review procedures.
26
27 A. The City staff shall prepare a report on the submitted amendments to be presented to
28 the Planning Commission. Amendments not initiated by the City shall be presented as
29 submitted, unless the applicant agrees otherwise.
30 B. The Planning Commission shall hold at least one public hearing on the docket of
31 amendments. Notice of hearing shall be provided pursuant to MMC 20.83.120.
32 C. After considering each amendment on the docket, the Planning Commission shall vote
33 and forward to the City Council a written recommendation on each amendment. The
34 Planning Commission may modify City initiated amendments, but may not modify
35 amendments initiated by other entities unless the applicant agrees otherwise.
36 D. Within 60 days of receipt of the Planning Commission's recommendations, the City
37 Council at a public meeting shall consider the same.
38 1. The City Council may schedule public hearings as necessary to consider the
39 Planning Commission's recommendations.
40 2. If the City Council makes a substantial modification to the Planning Commission's
41 recommendation, and the modification was not previously considered by the
42 Planning Commission, at least one public hearing shall be held on the modification
43 prior to the City Council taking action on the amendment.
44 E. The City Council shall vote to approve, modify and approve, or deny each of the
45 Planning Commission's recommendations, or the City Council may remand an
46 amendment to the Planning Commission for further proceedings. If an amendment is
47 remanded, the City Council shall specify the time within which the Planning Commission
48 shall report back to the City Council its findings and recommendations on the matters
49 referred to it.
50 F. An affirmative vote of not less than a majority of total members of the City Council shall
51 be required for adoption of an ordinance to approve amendments to the comprehensive
52 plan.
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G.
The procedures in this section shall constitute the minimum necessary and nothing in
2
this section shall prohibit the City from requiring additional procedures that allow for
3
more effective public participation.
4
5
20.83.110
Public participation.
6
7
A.
Pursuant to RCW 36.70A.140, the City's efforts to amend the comprehensive plan shall
8
include early and continuous public participation.
9
B.
The City shall provide broad dissemination of proposals and alternatives, opportunity for
10
written comments, public meetings after effective notice, provision for open discussion,
11
communication programs, information services, and consideration of and response to
12
public comments. Notice shall be reasonably calculated to provide notification to
13
property owners and other affected and interested individuals, tribes, government
14
agencies, businesses, school districts, and organizations of proposed amendments to
15
the comprehensive plan.
16
17
20.83.120 Notice.
18
19
A.
Published notice for a public hearing shall be given in a newspaper of general circulation
20
within the City boundaries at least 15 calendar days prior to the hearing date. However,
21
subsequent hearing dates on the same proposal being considered by the same body do
22
not require additional publication of notice.
23
B.
Posted notice shall be given in the same manner as Planning Commission and City
24
Council regular meetings. For a site specific proposal, notice shall be provided as set
25
forth in MMC 20.80.120.
26
C.
The content of a notice shall include:
27
1. The time and place of the public hearing;
28
2. A purpose statement which succinctly describes the proposal;
29
3. A statement of what areas, zones and/or locations will be directly affected or
30
changed by the proposal;
31
4. A statement of the right of any person to submit written comments and to appear at
32
the public hearing and give comments orally; and
33
5. A statement of the availability of the official file.
34
D.
Notice of the text amendment shall be transmitted to state agencies consistent with
35
RCW 36.70A.106.
36
E.
The requirements for notice shall not limit the City's ability to provide additional means of
37
notice consistent with MMC 20.83.110.
38
39
20.83.130
Approval criteria.
40
41
The
City Council may amend the comprehensive plan if it finds:
42
A.
The amendment is consistent with the Growth Management Act (chapter 36.70A RCW);
43
B.
The amendment is consistent with countywide planning policies;
44
C.
The amendment does not conflict with other goals, policies, and provisions of the
45
Medina Comprehensive Plan;
46
D.
The amendment is compatible with existing or planned land uses and the surrounding
47
development pattern; and
48
E.
The amendment will result in long-term benefit to the community as a whole and
49
advances the public interest of the community.
50
51
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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
zoning ordinances unless it finds ((, afteF publiG heaFiRg,)) 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.
((G))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 ((€xGavatien)) Right -of -Way permit required.
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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 ((exGavafien)) right-of-way permit shall be issued unless a written application for the
issuance of ((an eq=_avati )) 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 ((eXGavatiee)) right-of-wav permits are specified in the fee
schedule adopted pursuant to chapter 3.64 MMC. (( ,
))
Section 9: Section 12.06.060 of the Medina Municipal Code is amended to read as
follows:
Before ((aReXGayatiee)) 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.
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1 Section 10: Section 12.06.170 of the Medina Municipal Code is amended to read as
2 follows:
3
4 Property lines and limits of easements shall be indicated on the plan of excavation
5 submitted with the application for the ((exGava#Gn)) right-of-way permit and it shall be the
6 permittee's responsibility to confine excavation work within these limits.
7
8 Section 11: Section 12.06.220 of the Medina Municipal Code is amended to read as
9 follows:
10
11 Backfilling in any street opened or excavated pursuant to ((aR exGavatiep)) _a right-of-wav
12 permit issued hereunder shall be compacted to a degree equivalent to that of the
13 undisturbed ground in which the trench was dug (or compacted to 95 percent of modified
14 Proctor (ASTM D1557) whichever is greater). Compacting shall be done by mechanical
15 tappers or vibrators, by rolling in layers, or by water settling, as required by the soil in
16 question and sound engineering practices generally recognized in the construction industry.
17 When water is taken from a hydrant the permittee shall assign one person to operate the
18 hydrant and shall make certain that said person has been instructed in the operation of the
19 hydrant. The city water purveyor shall likewise be notified at both the beginning and end of
20 the job so that the condition of the fire hydrants can be checked on both occasions. Any
21 damage done to the hydrant during the excavation shall be the responsibility of the
22 permittee. Water shall be paid for by the permittee on the terms agreed upon with the city
24 water purveyor.
25 Section 12: Section 12.08.010 of the Medina Municipal Code is amended to read as
26 follows:
27
28 A. It is unlawful to dig or cut into or mar, deface or alter, any road or street right-of-way,
29 whether improved or unimproved, without first obtaining, and in compliance with the
30 terms of a right-of-way permit pursuant to chapter 20.80 MMC and the provisions of this
31 chapter ((
32 may be -delegated)).
33 1. No permit shall be issued unless the action proposed is reasonably necessary and is
34 consistent with the comprehensive plan and the street design standards referenced
35 therein.
36 2. All such permits shall require that adequate warning or protective structures, signs,
37 signals or devices will be maintained until the right-of-way is restored and that
38 restoration will be accomplished in a reasonable time specified therein to a condition
39 substantially equal to its prior condition, to the decided satisfaction of the city
40 manager.
41 3. In the event of failure to restore the right-of-way as set forth above, the city shall have
42 the right, but not the obligation, to restore the right-of-way to its prior condition and to
43 charge all costs thereof to the applicant. A lien for such costs may be placed against
44 any property of the applicant within the city and enforced as a mechanics lien
45 pursuant to the laws of the state.
46 B. Any permit issued under this section shall state the location of the proposed action, why
47 it is necessary, whether or not warning or protective structures, signs, signals or devices
48 shall be maintained, the time within which the road or street right-of-way must be
49 restored, and the deposit or bond, if any, required to protect the city in its restoration.
50 C. Fees charged for issuance of right-of-way permits are specified in the fee schedule
51 adopted pursuant to chapter 3.64 MMC and ((
52 )) where there is any cutting of the
53 surfaced portion, ((peFSGR )) a deposit
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or bond may be required ((iR addiWn,)) 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.
((Q A tree Femeval peFmit, wheFe FeqUiFed, will be isswed by the Gity ef Medina based 9R
))
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. ((,Fnay only bbeg Rted by the heaFinn cv!minor_
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2 •))
3 B. Non -administrative tree removal permits are a Type 3 decision processed pursuant to
4 chapter 20.80 MMC and the following:
5 1 Applications shall be submitted containing the information set forth in MMC
6 12.28.160: and
7 2 The decision on the permit shall be based on the criteria set forth in MMC
8 12.28.180(A) through (E).
9 C. Removal of a significant tree from private property where such tree is a minimum of 50-
10 inch DBH and is located within the new building footprint on properties undergoing
12 development is allowed pursuant to the replacement provisions of MMC 12.28.060(C).
13 Section 16: Section 12.28.140 of the Medina Municipal Code is amended to read as
14 follows:
15
16 12.28.140 Tree trimming or removal permit ((— Rhea)) — public right-of-way.
17
18 A. No tree located in a city right-of-way shall be trimmed, pruned or removed without first
19 obtaining a right-of-way tree trimming/ removal permit ((
20 MediRa designated 9ffiGial puFsuaRt te)) as prescribed in MMC 12.28.170.
21 B. Repealed by Ord. 798.
22 C. Tree trimming and pruning of trees in the right-of-way by owners of the property adjoining
23 the right-of-way shall be exempted from obtaining a permit as outlined in MMC
24 17.28.140(A) (( )) if such tree trimming follows ANSI
25 standards, does not endanger the life of the tree, and the limbs involved do not exceed
26 three inches in diameter and 25 percent of the canopy of the tree.
27 D. Removal of trees shall be allowed in emergency situations involving immediate danger to
28 life or property or substantial fire hazards with the prior consent of the city manager or
29 designee.
30 E. No permit is required to remove a significant tree that is found to be hazardous by the
31 city arborist through an evaluation that follows the methodology referenced in the
32 definition of "hazardous tree" found in MMC 12.28.020.
33 F. The city is exempt from the above permit requirements for trimming, pruning or removal of
34 any tree in the city right-of-way.
35
36 Section 17: Section 12.28.170 of the Medina Municipal Code is amended to read as
37 follows:
38
39 A. When an application to remove, prune or trim a tree in the public right-of-way is provided
40 by a property owner adjoining the subject right-of-wav, the following shall apply:
41 1. The application shall be for an administrative right-of-way tree trimming/ removal
42 permit:
43 2. The application shall be processed as a Type 2 decision pursuant to chapter 20.80
44 MMC; and
45 3. The decision on the permit shall be based on the criteria set forth in MMC 12.28.180.
46 ((
47 .))
48 B. When an application to remove, prune or trim a tree in the public right-of-wav is provided
49 by a property owner who is not adjoining the subiect right-of-way, the following shall
50 apply:
51 1. The application shall be for a non -administrative right-of-way tree trimming/ removal
52 permit:
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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 intent 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 failing 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 City ((
)) 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;
((FnaRageF's designee shall issue a written
))
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
manager or designee it is determined necessary to provide reasonable notification to the
public of the pending application.
((The tree eF trees iR question must -he pested with a netiGe ef appliGatiOR fGF a peFied ef at
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Gemments to the •))
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 ((
)).
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.
��ppSection 21: Section 12.28.260 of the Medina Municipal Code is hereby repealed:
((12.E6.26 Appeals.
deGOSOOR as tFiFnMiRg Of tFA_eG_ based en the FeqUiF9FneRtS Of thiG rahapter may appeal the &GisieR to the
Section 22: Chapter 14.04 of the Medina Municipal Code is hereby repealed:
((11-4•04.0110 DefinitiGns.
subdivisions,
nGAGGRfGFFniRq
Fight of
way develeffneRt, l9t 'one
GGROOGRal uses, YaF1
al uses,
deft.
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1 1. That
the appliGatieR is Gemplete;
of
2
3 eeFRplete.
4
fedeFal
,
that have eveF Some aspert ef t
5 state 9F
6 appl+sati9R.
gE)VeFRFAeRt
may juFisdiGtiGR
7
8
have beeR
9
10
Gemplied with,
11
12
13
.
14
15 Gh99686 tG ORGlude.
16 F. Within 14 day
fter ., neliGaRt has submitted additional +n#errnatien a€tea
, vv,c, r�ri---r-�^at�T� a,-c�--ari
app�iva, is ITGfJ JQ,7111
1'7 rle+ermir,�+inn thAt
the i +�,,�
the shall issue a-- aw
plete�
18
.
19
20
21 sesti9R.
22
23 TA.AA AAA Tome fnr
idenician,
24
25 A. F=XGept
nre"ider7 in t-heS r-,eGt4GR, the--Gity shall
a'S-'ethenwi6e
26
27
28 the the
days that have elapsed afteF RetiGe of a Gemp!
Ga'GWlatieR of
numbeF of
29
30
31
32
33
34
35
;
36
,
37
38 .
39
40 mutual agFeemeRt.
41
42
.
43 Dm if the Gity 06 URable
to itS fiRal deGiSiGR within the time lifflits fQr im this
provided
44 SeGtmOR,'
45 the the
time limits have beeR date f49F issuanG
FeaSORG why
not Fnet and aR estimated
46 the RGtiGe of final der-,isiwi.
47
,
48
49
.
50
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ITEM PH-1/ OB-1
1 20.80.140 General notice requirements.
2
3 The notice requirements of this chapter are intended to meet or exceed those required by
4 state law. Notices shall meet the following:
5 A. When posting is required, the following shall apply:
6 1. The notice shall be posted on a sign located in an open public right-of-way adjacent
7 to the subject property and clearly visible from the public street or a public area.
8 2. When the property does not abut an open public right-of-way, the sign shall be
9 posted as follows:
10 a. In an open public right-of-way within 10 feet of where the private lane, shared
11 driveway, or an un-open public right-of-way connects to the open public right-of-
12 way.
13 b. The City may require additional signs to be posted on the subject property in a
14 location visible to adjoining property owners, if posting one notice sign is
15 determined to not be reasonably sufficient by the director.
16 3. The director shall determine the specifications to the construction and installation of
17 the signs used to post notices.
18 4. An affidavit or declaration of posting containing the date, location, and the signature
19 of the person responsible for the posting shall be provided and serve as proof the
20 notice was posted.
21 5. The City, at its option, may be responsible or may direct the applicant to be
22 responsible for posting signs and notices.
23 6. Notice shall remain posted throughout the project permit review process until all
24 appeal periods have expired. Signs may be updated and used for other posted
25 notices required by the City. However, signs shall be removed within seven days
26 after all appeal periods have expired, unless the City requires notice to remain
27 posted longer.
28 B. When mailing is required, the following shall apply:
29 1. Written notice shall at a minimum be sent by first class postage to the following:
30 a. The applicant and/ or the property owner;
31 b. Any state, federal or local agencies with jurisdiction related to the project;
32 c. Any person who writes to the City requesting such notice;
33 d. The Washington State Department of Transportation when a proposed
34 subdivision or short subdivision is located adjacent to a state highway right-of-
35 way.
36 2. Notice shall be mailed to the addresses of all properties located within a distance of
37 300 feet or three parcels, whichever distance is greater. Distance shall be measured
38 from all portions of the subject property including any contiguous property owned,
39 controlled or under the option of purchase by the same property owner and/ or
40 applicant.
41 3. The address of the property owner and/ or taxpayer of record on file with King
42 County Assessor tax records shall serve as the official record where notice shall be
43 mailed.
44 4. Any mailed notice required by this chapter shall be adequate when a good -faith effort
45 has been made to identify and mail notice to the address of property owners or
46 taxpayers of record on file with the King County Assessor.
47 5. Notice mailed to persons at their known address shall be judged to have been
48 received by those persons if those persons and their addresses are named in a
49 declaration of mailing. The failure of any person to actually receive the notice shall
50 not invalidate any permit or approval.
51 C. When publishing is required, the following shall apply:
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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 ((eXsavat*GR)) right-of-way 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 ((an exrvavati)) 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 ((
)) where there is any cutting of the
surfaced portion, (( )) a deposit
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ITEM PH-1/ OB-1
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2
3 the 6ubrnottal of all
appliGation
d9GwFn9RtS.
4
5
.
6
7
as defiRed
,
8
,
9 the
ageRGY 9f Gity,
10 MMG,
11
12
.
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14
15
,
16
17 1. Q„ildinn nermit6;
18 2. A stretive
Yariannes;
19
;
20 4. SheFt plats--,
21 5. GFading and
dFaiRage
peFFnits;
aFfd
22
.
23 B. All
dden-issiens,
bee filted with the
GleFk within 14 days
appeals ef
addimiffinisstrativee
im.-u-st Gity
24 after the Retorve
ef the
n-.r after
o-thp-r A9_tiG6 that the deGi6iGR
has beeR made and
25
The tiFne
fGF
appeal
shall
be extend-ed- feF aR additional
6eveR days if the
26
27
.
28
29
30
31 Deleted by QFd. 710.
32
33
.
34
35
36
37 GOMMOSSOOR 9F the
heaFing
exa
i
applied
by the
,the
usually
Y.
39
40 14.04.100 Open
reroFd
publiG
heaFOR96.
41
42
the
,
43
44
45
46 ZGRiRg sedgy
47
,
48
49
50
51 other than a rietermination
of Ginnifinanne
52
,
53 shall y-
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ITEM PH-1/ 013-1
2 20.82.080 Comprehensive plan consistency.
3 If a comprehensive plan amendment is required to satisfy the approval criteria in MMC
4 20.81.070, approval of the comprehensive plan amendment is required prior to or
5 concurrently with the granting of an approval of an amendment to the Official Zoning Code
6 Map.
89 l
20.82.090 Appeal.
10 City Council action on an ordinance to adopt amendments to the official zoning map is a
11 final decision, but may be reviewable by filing a petition for review with the Central Growth
12 Management Hearings Board in accordance with RCW 36.70A.290, except as otherwise
13 provided by law.
15 Section 4. A new chapter 20.83 of the Medina Municipal Code is adopted to read as
16 follows:
17
18 Chapter 20.83
199 COMPREHENSIVE PLAN AMENDMENTS
20
21 20.83.010 Purpose.
22 20.83.020 Applicability.
23 20.83.030 Initiation.
24 20.83.040 Annual amendment process.
25 20.83.050 Outside the annual amendment process.
26 20.83.060 Amendment submittal.
27 20.83.070 Application.
28 20.83.080 Cumulative effects.
29 20.83.090 State Environmental Policy Act review.
30 20.83.100 Review procedures.
31 20.83.110 Public participation.
32 20.83.120 Notice.
33 20.83.130 Approval criteria.
35 20.83.140 Appeal.
36 20.83.010 Purpose.
38 This chapter establishes a mechanism for amending the Medina Comprehensive Plan. It
39 provides for simultaneous review of proposals to allow cumulative impact analysis of all
40 applications on a citywide basis and honors the community's long-term investment in the
41 comprehensive plan, through public participation.
42
443
4 20.83.020 Applicability.
45 This chapter applies to text amendments to the language of the comprehensive plan and/ or
446 to amendments of the comprehensive plan land use map.
48 20.83.030 Initiation.
49
50 An amendment to the text of the comprehensive plan or an amendment to the
52 comprehensive plan land use map may be initiated by any person or entity.
53
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ITEM PH-1/ 013-1
2 20.82.080 Comprehensive plan consistency.
3 If a comprehensive plan amendment is required to satisfy the approval criteria in MMC
4 20.81.070, approval of the comprehensive plan amendment is required prior to or
5 concurrently with the granting of an approval of an amendment to the Official Zoning Code
6 Map.
89 l
20.82.090 Appeal.
10 City Council action on an ordinance to adopt amendments to the official zoning map is a
11 final decision, but may be reviewable by filing a petition for review with the Central Growth
12 Management Hearings Board in accordance with RCW 36.70A.290, except as otherwise
13 provided by law.
15 Section 4. A new chapter 20.83 of the Medina Municipal Code is adopted to read as
16 follows:
17
18 Chapter 20.83
199 COMPREHENSIVE PLAN AMENDMENTS
20
21 20.83.010 Purpose.
22 20.83.020 Applicability.
23 20.83.030 Initiation.
24 20.83.040 Annual amendment process.
25 20.83.050 Outside the annual amendment process.
26 20.83.060 Amendment submittal.
27 20.83.070 Application.
28 20.83.080 Cumulative effects.
29 20.83.090 State Environmental Policy Act review.
30 20.83.100 Review procedures.
31 20.83.110 Public participation.
32 20.83.120 Notice.
33 20.83.130 Approval criteria.
35 20.83.140 Appeal.
36 20.83.010 Purpose.
38 This chapter establishes a mechanism for amending the Medina Comprehensive Plan. It
39 provides for simultaneous review of proposals to allow cumulative impact analysis of all
40 applications on a citywide basis and honors the community's long-term investment in the
41 comprehensive plan, through public participation.
42
443
4 20.83.020 Applicability.
45 This chapter applies to text amendments to the language of the comprehensive plan and/ or
446 to amendments of the comprehensive plan land use map.
48 20.83.030 Initiation.
49
50 An amendment to the text of the comprehensive plan or an amendment to the
52 comprehensive plan land use map may be initiated by any person or entity.
53
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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
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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 may be
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.
B.
C.
D.
E
F
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.
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.
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.
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.
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.
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.
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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.
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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
zoning ordinances unless it finds ((, af+eF p ih1°^ eaFiRg,)) 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.
((G))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 ((€xGavatIGn)) Right -of -Way permit required.
25 of 48
ITEM PH-1/ OB-1
1 It shall be unlawful for any person to dig up, cut into, mar, deface, alter, break, excavate,
2 tunnel, undermine or in any manner break up any street or to make or cause to be made
3 any excavation in or under the surface of any street any earth or other excavated material
4 obstructing or tending to interfere with the free use of the street, unless such person shall
5 first have obtained a right-of-way permit pursuant to chapter 20.80 MMC and the provisions
6 of this chapter. (( PFOV))
8 Section 7: Section 12.06.030 of the Medina Municipal Code is amended to read as
9 follows:
10
11 No ((exGavatiee)) right-of-way permit shall be issued unless a written application for the
12 issuance of ((an exraYat+e4)) a right-of-way permit is submitted to the city engineer or
13 designee. The written application shall state the name and address of the applicant, the
14 nature, location and purpose of the excavation, the date of commencement and date of
15 completion of the excavation, and other data as may reasonably be required by the city's
16 designee. The application shall be accompanied by plans showing the extent of the
17 proposed excavation work, the dimensions and elevations of both the existing ground prior
18 to said excavation and of the proposed excavated surfaces, the location of the excavation
29 work, and such other information as may be prescribed by the city's designee.
21 Section 8: Section 12.06.040 of the Medina Municipal Code is amended to read as
22 follows:
23
24 Fees charged for issuance of ((exGaYatiee)) right-of-way permits are specified in the fee
25 schedule adopted pursuant to chapter 3.64 MMC. (( , WhiGh May be aGqUeFed at
26 •))
27
28 Section 9: Section 12.06.060 of the Medina Municipal Code is amended to read as
29 follows:
30
31 Before ((aR-exsavati )) a right-of-way permit as herein provided is issued, the applicant
32 shall deposit with the city clerk a surety bond in such reasonable amount as set by the city's
33 designee payable to the city. The required surety bond must be:
34 A. With good and sufficient surety;
35 B. By a surety company authorized to transact business in the state;
36 C. Satisfactory to the city attorney in form and substance;
37 D. Conditioned upon the permittee's compliance with this chapter to fill up, restore and
38 place in good and safe condition as near as may be to its original condition, and to the
39 satisfaction of the city's designee, all openings and excavations made in streets, and to
40 maintain any street where excavation is made in as good condition for the period of 24
41 months after said work shall have been done, usual wear and tear excepted, as it was in
42 before said work shall have been done. Any settlement of the surface within said two-
43 year period shall be deemed conclusive evidence of defective backfilling by the
44 permittee. Nothing herein contained shall be construed to require the permittee to
45 maintain any repairs to pavement made by the city if such repairs should prove
46 defective. Any owner of real estate repairing or engaging another to repair his own
47 sidewalk shall not be required to give such bond. An annual bond may be given under
48 this provision which shall remain in force for one year conditioned as above, in the
49 amount specified above and in other respects as specified above but applicable as to all
50 excavation work in streets by the principle in such bond during the term of one year from
51 said date.
52
26 of 48
ITEM PH-1/ OB-1
1
2 Of f9FFnmRg a-q Fnembw
vAe is disqualified shall make full dm6G'9rUFe to
3 ,
4
5
,
6 PlaGe of aRy absent OF disqualified
rnembws.
if the heaFiRg body
disqualified,
7 2. all mernbeFs ef
are
8
9 iscroves..
10
11
12
13
14 peFtaiRG,
With 9F witheUt
R9tiG8 to the paFties.
15 5. PFi9F
to heaFing
the
evideRGe
9R appliGatiOR,
16 shall
state the tame,
17
18
19
20 7. if the
haS the
of the heaFiRg,
pFesidiRg GffiG9F
Glesed publiG
PGFtiGR
21
22
.
23
,
24
, the-
25
,
26
27 10 a .uri#en
rleniSien
iee,,e within 10 day6
t)n the r.reienf
neFMi4
shall
after
28
29 dderdissinam
shall be
SigRed by the pFesidiRg GffmGeF,whetheF
30
31
32
33 te
the appliGant,
34
35
36 RGtiGe
is deliveFed
by mail,
37 mailing
by regular
mail
38
39
40
41
42
43 FeGGR6ideFatiGR,
44
45
Rew
appliGati9R,
46
47 fnllG
ring elements
are e6+ahliGhedl
48
49
50
;
34 of 48
ITEM PH-1/ OB-1
1
2 a faiF heaFipigL,
3 ,
4
5 d+J+geRGe;
6 d. EFFeFs OR law objeGted to at the time by the paFty filing the Fequest fe
7 FeGGnsudeFateen.
8
9
10
11
12
13
14
15
16
17
18
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23
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36
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43
44
45
46
47
48
49
50
51
52
- - -2mm owrl. M-
- - -
- - -
- -
-
MMG ..,. and WAG 17.9-0.120,
low
W--ii-od-Wmeava.
- -
Rill
- - - - -
-
le e
by the Gity';
14 R9F FneFe than 30 days f011OWIRg the date
statements
9f R9tiGe ef appliGatiOR,
and
35 of 48
ITEM PH-11 OB-1
1
2
paFtiGipate iR any
appeal FightS;
heaFings,
3
,
4
the RGtiGe of appliGatian;
A 4ement
elimi
one har, been made at the 4ime of
5 �--,�a«�„�e#�r�.,,,Tn�r�-�eFnafie�if�n'GT
st
6
REAGe,
7
FegulatiGRG that will
be used fGF
PFGjeGt mitigation
and te deteFFAiRe of the PFgjeGt is
8
GGRS06teRt with Gity
developFneRt
FegulatiGRG
9F,
9
10
11 G. Time
Frame feF lssuaRGe
ef NEAGe ef
AppliGatieR.
12
13 .
14
15
16 .
17
18
19 Sites Rot abuttiRg a publiG StFeet,
20
21
22
23
24
25
26 4. The Gity may,
27
28 E. ,
state 9
29 fedeFal departments—GF-a��6'}� hinh Oho nif�h�e��l7cvtiv :avejaiiadiGtiiGR evor.F aRy
30
31
32 .
33
34
35
36 eF denued under the State Emmvirem.m.eRtal Pelisy Ast-.
37
38 .
39 , the Got
40 ,
41 ,
42 , state or fed-eral laws pr4qvide adequate aRalysis of
43
44 made,
45
46 �€R
47
48
49 wkh jurisdiGtiOR MC-1 Wffith PGAV-FGnmeRtal expertise with regard to a . .,. . re R.M. A- n t. -R
50 ,
51 nGy. in FnakiRg this defeFFal,
36 of 48
ITEM PH-1/ OB-1
1
2
3
4
5 emeRts uRdeF 9theF lawss.
6
10
11
12
13
14
15
16
17
18
19
20
21
23
24
25
26
28
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30
31
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49
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53
54
A. R-treet ;
Q Landmark ;
))
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 Type 2
decisions pursuant to chapter 20.80 MMC.
((
•
tesati9RG.
days of the date appeaFing
9F; the mailed •))
Section 24: Section 14.08.040 of the Medina Municipal Code is hereby repealed:
37 of 48
ITEM PH-1/ 013-1
1
2
3
4
5
6
7
8
9
10
11
12
13
15
16
17
19
20
21
22
24
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45
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48
49
50
51
52
53
Section 25: Section 14.08.050 of the Medina Municipal Code is hereby repealed:
by any POKSOR adveFsely a#eGted by the deGi6iGR. Appeals must be filed with the Gity GleF
to the Gity manager Gr ))
Section 26: Section 14.08.060 of the Medina Municipal Code is hereby repealed:
((
same admiRistFative variaRGe may be filed unless the pFejeGt har, been FedesigRed to
))
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. (( )) 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
ITEM PH-1/ OB-1
1 2. (( ' )) Level 2.
2 a. Total construction costs exceed $1,500,000. This cost figure shall be updated
3 annually by applying the consumer price index for each year after the date of the
4 ordinance codified in this chapter.
5 b. Total quantity of excavated soils exceeds 2,000 cubic yards.
6 c. Construction activities (except as exempt per MMC 18.12.110) occur in landslide
7 hazard area.
8 d. Use of tower crane during construction.
9
10 Section 28: Section 15.20.050 of the Medina Municipal Code is amended to read as
11 follows:
12
13 A. Construction Code of Conduct. Prior to the issuance of any permits for grading,
14 demolition or construction, the property owner(s), agent, and contractor shall sign the
15 city of Medina construction code of conduct and the signed construction code of conduct
16 shall be submitted as an attachment to the building or development permit application.
17 B. Tailored Construction Mitigation Plan.
18 1. Level 1 Tailored Construction Mitigation Plans shall be processed as a Type 2
19 decision pursuant to chapter 12.80 MMC ((
20 ,
21 Gity FnanageF's
22 )). The proposed mitigation plan
23 shall be signed by the property owner(s), agent, and contractor and submitted by the
24 applicant, as an attachment to the building permit application_((,
25
26 FnitigatiGR plaR shall be available fGr publir. F ,
27
28
29
30 ))
31 2. Level 2 Tailored Construction Mitigation Plans shall be processed as a Type 3
32 decision pursuant to chapter 12.80 MMC ((
33 aRy peFFAits fbF gFadiRg,
34
35
36 feF publiG ,
37
38 the publiG Y FnaRageF OF Gity FnaRageF's
39
40 , Gity staff andler r-an-proultants as designated by
41 the Gity manageF will Feview the proposed mitigati9R P )) The final tailored
42 construction mitigation plan shall include signatures of the property owner(s), agent,
43 and consultant, and may include provisions for any of the items described in MMC
44 15.20.030. ((
45
46
47 and UPGR the Gity a6 a whole.))
48 3. A tailored construction mitigation plan shall not be approved unless the adverse
49 consequences of proposed construction on adjacent and nearby properties have
50 been reasonably mitigated for based on the evaluation criteria and mitigation
51 measures set forth in this chapter.
39 of 48
ITEM PH-1/ OB-1
1 4 A tailored construction mitigation plan must be approved before permits for grading
2 demolition or construction may be issued.
3 (( ))
4
5 Section 29: Section 15.20.060 of the Medina Municipal Code is amended to read as
6 follows:
7
8 ((The)) An approved construction mitigation plan may be revised from time to time to modify,
9 eliminate or add mitigation measures. Modifications may be made by agreement between
10 the applicant and the city manager or city manager's designee, provided:
11 A. ((
12 mailed to adiaGeRt PFGpeFties withiR 300 feet ef the pFejeGt at least 15 days pFi()
13 app val of the pFepesed FevisiGRG)) Revisions to an approved construction
14 mitigation plan shall be processed as a Type 2 decision as set forth in chapter 20.80
15 MMC;
16 B. (( •
17 )) The public comment shall be 15 days; and
18 C. ((
19 , the pFepesed FeViGiGRG shall be
20
21 If during the comment period the City receives a written objection to the
22 revisions the revisions shall be submitted to the Medina planning commission for
23 consideration as a Type 3 decision subject to the hearing, decision and appeal
24 25 provisions set forth in chapter 20.80 MMC.
26 Section 30: Section 15.20.070 of the Medina Municipal Code is hereby repealed:
27
29 ((1Appeal.
30
31
32
33
34 The +iMe f appeal shall he extenrlcdJ for aR additional seven days if—thern�rni
35
36
37
38
39 exaR;*ReF. NOtiGe ef appeal must be filed with the NAP-dimia Gity GleFk within 14 day6 9
40
41
42
44 ))
45 Section 31: Section 17.56.020 of the Medina Municipal Code is amended to read as
46 follows:
47
48 A. All applications for conditional or special use permits shall be processed as a Type 3
49 decision pursuant to chapter 20.80 MMC (( )) unless
50 the application is eligible for administrative review per MMC 14.08.020(B). All
51 applications shall be made using the city's form and include the following information:
52 1. Street address and legal description of the property upon which the proposed facility
53 is to be located;
40 of 48
ITEM PH-1/ OB-1
1 2. Location of proposed facility on said property and upon all adjacent property;
2 Medina Municipal Code 17.56.052
3 3. A sketch of the proposed facility showing plans, elevations, lighting, screening,
4 access parking, fencing, landscaping and all other relevant information.
5 B. Applicants shall provide all additional pertinent information requested by the Hearing
6 Examiner or by the city manager or designee in the case of administrative review.
8 Section 32: Section 17.56.030 of the Medina Municipal Code is hereby repealed:
9
10 ((
11
12 All appliGatieRs f49F G9RditiGRal 9F speGial use peFR;*tS shall be filed with the Gity G!eFk ne late
13
14 shall pay a fee as PF9vided OR the Gede.))
15
16 Section 33: Section 17.56.040 of the Medina Municipal Code is hereby repealed:
17
18 19 ((
20
21
22
23 > fe
24
25 above shal' be Posted no less thaR 30 day6 prier to the Fneeting at whiGh the appliGatieR W84
26 be nnnsidered.))
27
28 Section 34: Section 17.56A.020 of the Medina Municipal Code is amended to read
29 as follows:
30
31 A. A historical use permit shall be processed as a Type 3 decision pursuant to chapter
32 20.80 MMC. ((The appliGation PFOGess,
33 9N411 be GGRGOGteRt With GhapteF 17.56 MMG, eXGept as folio:))
34 ((A))B. The contents of the application shall include the information prescribed in MMC
35 17.56.020 and the following:
36 1. The street address and legal description of the property;
37 2. A description of any proposed alteration, improvement, enlargement, expansion,
38 reconstruction or repair; and
39 3. A description of the historical use of the property.
40 The decisional criteria ((
41 examine T)) in MMC 17.56A.030 shall apply.
42
43 Section 35: Section 17.56B.040 of the Medina Municipal Code is amended to read
44 as follows:
45
46 A. A temporary use permit is (( )) processed as a
47 Type 1 decision pursuant to chapter 20.80 MMC and is subject to meeting the approval
48 criteria in MMC 17.5613.060.
49 B. Only one temporary use permit may be granted within a 5-year time period after a
50 temporary use permit has been issued, except a second temporary use permit may be
51 granted if:
52 1. In the opinion of the City manager or designee, a significantly different public
53 facility will occupy the use of the property;
41 of 48
ITEM PH-1/ OB-1
1 2. The second temporary use permit is consistent with the requirements set forth in
2 this chapter; and
3 No additional temporary use permit shall be approved within a 5-year time period
4 after the issuance of the second temporary use permit.
5
6 Section 36: Section 17.80.120 of the Medina Municipal Code is hereby repealed:
7
9 (( .
10
11 appealable te the Gity GOURGil, by wFitten RGtiG8 filed with the Gity within 20 days ef the
12 dedsien ed.))
13
14 Section 37: Chapter 17.94 of the Medina Municipal Code is hereby repealed:
15
16 ((17.94.010 Sseye:
17
18
19
20 USe ZGRe,
21
22
23 17,94.020 AppliGatiGR-.
24
25 A. Whe May Apply. ARy peFsen may,
26
27
28 1. A GOMpleted appliGatiGn,
29 PF9perty, 9R feFFns pFey ded by the G*,
30 =. T-tyre-secs-of st na{ i'Fsva-vrnry nee. and a list of the same, labeled with the name
,
31 addFe66 of all GUFF9Rt qyinprq ef real pmpeFty,
32 ,
33 PF9P8FtYj
34 3. A GOPY ef the GGURty sse6seF's
35 ;
36 4. A ViGiRity Fnap 6h9WiRg the site on relatiGR tO ReaFby stFee s and pFGpeFtieG;
37
38
39 G. Fee. With the appliGatiGR the app"GaRt 6hall submit the fee established by the Gity. The
40
41
42
43 17.94.030 GemplianGe with State EAVIFOnmental Polirey Art.
44
45 The State ERYOFGRR;eRtal P9liGy AGt applies to the deGiGiGR6 that well be made usuRg thi
46 , wheFe
47 appliGable,
48 •
49
50 .
51
52
53 appliGatigR GGRtainiRg the fellewing iRfGFFnatien.
42 of 48
ITEM PH-1/ OB-1
1
,
2 and the date ef the netiGe of appliGatien.
the
GF,
if this is not available, a leGati
3 2. The street addFes6 ef 6ubjeGt
PFOPeFty
4
5
,
6
7
8 the eXteRt kRGWR by the Gity,
9 app4+satiOR.
10
,
11
,
12
3R-.:70-+4:440-:
13 5.
The date,
14 6.
A statement
ef the availability
ef the OffiGial f4e-.
15
16
•
17
, plawling
.
18
,
19
.
20 OT
The
of aXst'i
ng
dOGUFna n4e �f
any,
-that evaluate
21
22
feviewed.
23 4
Q. A statemeRt
of the pFeliFniRaFy
deteFFn 0 RatiOR,
24
RGtiGe, of these
devebpMeRt
FegulatiGR6 that will
be used fqF pFejert
mitigatieR.
25
26
.
27
28
29
,
30
4haR 10 days
nrinr }e the
date of the hearing
31
32
33 WhiGh
GOFnpl*e6
with stand—ardr,
developed by the Gity.W
SiheF
designee. This
34
35
36
37
38 pFevide
RGtiG9
tO the pubW.
39
40
41
of the
Gity OR the matter.
42 E. lR
tO the
at the diSGFetieR
Gf the Gity GOURGil,
additieR
RGtiGe PFGGeduFe
set out abeve, and
43 addffitmenal
aRROURGeFReRt
of the
publiG heaFiRg must
be published OR the
Medina A.4on"
44
45
46
47
48
49 the
f6liewing informatiew.-
50 1
All ner+ineni
annlina+inn Materials.
51
52
.
43 of 48
ITEM PH-1/ OB-1
9
•
10
11
12
13
14 eaGh appleGatiOR.
15
16
.
17
18 Gity GGURGil
on the appliGatiGR.
19
20
,
21
22
23
24
25
26
•
27
28
29
30
31
32
33
34 Fe6peGtive
hearings.
35
,
36
37
38
39
40
41
42
43
44
deteFFnmneG that they WgFmatien on the matter.
if, during
the heaFiRg,
Gity GOunGil
need FnGFe
45
46
fuFthe
,Re
47
48
49
.
50
51
,
52
44 of 48
ITEM PH-1/ OB-I
1
2
3 heaF+ag.
4
5
6
7 b. The proposed FeZGR
ate beGause eitheF-;
8
9 6igRifiGaRtly
GhaRged GiRGe
th8 PF49peFty Wcq
pFereRt Z9RiRg that,
10
;
11 H The FFe "RWil
.'.I
GGFFe%•t
a ZGRi nl��t•ifin��inn
OF Znnc
hn„nrlary that was
12
13
;
14
15
16 e. It iS GGRsisteRt With
the publiG
health, safety and
welfaFe.
17
18
19
yrurrcrr,g-a-.� .q ......
20 nran�inn the FegUeSf
WAR
21
22
•
23
24
•
25 2.
•
A y
26 A stat'eii�eRt e•1F the
nr'fori
ed by the nlaRninn
nnm�mio�+inn
in maLinn 4he
y
27 .
28
•
29
30
•
31
32 sent te the aPPliGant,
33
34
35
36
'
37
•
38
39
.
40
41
42
43
44
45
46
47
48 G.GURGil membeFs.
49
50 Of th9 heaOR9 befoFe
the plaRROR9
,
51
52
'
45 of 48
ITEM PH-1/ OB-1
1
2
3
4
5
6
'OR iMpMpedu
based
g
,
10 the FeGOMMeRdation,
11
12
13
14
•
15shall,
16
,
17
18
19
20
21 PFepeFties.
22
23
24
•
25
26
27
28
29
30 FeGGlUti9Ra
31 1. A statemeRt of the faGt6
that
suppert the
deGi6i9R,
32 reGtFiGtiGRG that are imposed;
and
33
•
34
35
36
.
37
38
,
39
•
40
,
41
42
43
44 PlaRRiRg GGFRFnm66m9R.
45
•
46 4. A GOPY Will be mailed te
the Kong
Gewnty m6essw.
47
48 47.94130 Appeal.
49
50
51
46 of 48
ITEM PH-1/ OB-1
1
3 the -city.
4
5
6
7 with all a6peGt6,
8
9
10 PF9peFty was appFoyed,
11 •
12
13
14
15 •))
16
17 Section 38: A new chapter 17.94 of the Medina Municipal Code is adopted to read
18 as follows:
19
20 17.94.010 Purpose.
21 17.94.020 Application.
22 17.94.030 Procedures.
23 17.94.040 Approval criteria.
24 17.94.050 Conditions and restrictions.
25 17.94.060 Content of planning commission's recommendation.
26 17.94.070 Consistency with the comprehensive plan.
27
28 17.94.010 Purpose.
29
30 This chapter establishes a mechanism for site -specific reclassification of property or
31 properties from one zoning district to another zoning district. The new zone must be
32 consistent with the comprehensive plan and results in a change to the City's official zoning
33 map.
35 17.94.020 Application.
36
37 An owner of real property or their designated agents may initiate a request for a site -specific
38 rezone.
39
40 17.94.030 Procedures.
41
42 A. A site -specific rezone application is processed as a Type 3 decision pursuant to the
43 provisions set forth in chapter 20.80 MMC. The planning commission shall hold an
44 open -record public hearing and make a recommendation to the City Council. The City
45 Council decides the rezone request at a closed record meeting.
46 B. The Planning Commission shall issue its recommendation within 45 calendar days of the
47 closing of the open record hearing.
48 C. The City Council shall consider the Planning Commission's recommendation no later
49 then their next regularly scheduled meeting after the Planning Commission issues their
50 recommendation.
51 D. The 120-day processing timeline set forth in MMC 20.80.210 may be extended as
52 reasonably necessary to allow the City Council to deliberate on the Planning
53 Commission's recommendation at a regularly scheduled meeting.
54
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ITEM PH-1/ 0113-1
1 17.94.040 Approval criteria.
2
3 An application for a site -specific rezone may only be approved if it is found that:
4 A. The rezone is in the best interest of residents of the city; and
5 B. The rezone will advance the public health, safety, or welfare, and will not have adverse
6 impacts on adjacent properties; and
7 C. The rezone is consistent with the comprehensive plan; and
8 D. The rezone is appropriate because:
9 a. Conditions in the immediate vicinity or neighborhood have so markedly changed that
10 it is in the public interest to approve the rezone; or
11 b. It will correct a zone classification or zone boundary that was inappropriate when
12 established.
13
14 17.94.050 Conditions and restrictions.
15
16 Conditions and restrictions may be applied to the rezone that is determined to be reasonably
17 necessary to eliminate or minimize any undesirable effects of granting the rezone.
18
19 17.94.060 Content of planning commission's recommendation.
20
21 The Planning Commission's recommendation to the City Council shall be made in writing.
22 The written recommendation shall include the following content:
23 A. A statement of the facts presented that supports the recommendation;
24 B. A statement of the conclusions reached based on those facts;
25 C. Any conditions or restrictions that are recommended to be placed upon the rezone; and
26 D. The date of issuance of the recommendation.
27
28 17.94.070 Consistency with the comprehensive plan.
29
30 If a Comprehensive Plan amendment is required in order to satisfy MMC 17.94.040(C),
31 approval of the comprehensive plan amendment is required prior to or concurrently with the
32 granting of an approval on the rezone.
33
34 Section 39. Severability. If any section, sentence, clause, or phrase of this ordinance
35 should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
36 invalidity or unconstitutionality shall not affect the validity of any other section, sentence,
37 clause, or phrase of this ordinance.
38
39 Section 40. Effective Date. This ordinance shall take effect five (5) days after its
40 publication or the publication of a summary of its intent or contents.
41
42 PASSED BY THE CITY COUNCIL ON THIS _ DAY OF , 2010 AND
43 SIGNED IN AUTHENTICATION OF ITS PASSAGE ON THE DAY OF ,
44 2010.
45
46
47
Mayor Bret Jordan
Approved as to form:
, City Attorney
48 of 48
Attest:
Rachel Baker, City Clerk
ITEM PH-2/ OB-2
MEDINA CITY COUNCIL MEETING AGENDA BILL
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MEDINA,
SUBJECT/TITLE: WASHINGTON, REPEALING TITLE 16 MMC AND ADOPTING
CHAPTERS 20.73 AND 20.90 MMC RELATING TO DIVISIONS OF
LAND AND LOT LINE ADJUSTMENTS
CATEGORY:
❑ Consent ® Ordinance ® Public Hearing
❑ City Council Business ❑ Resolution ❑ Other - Discussion
STAFF REPORT BY: Robert J. Grumbach
BACKGROUND/SUMMARY:
The City's subdivision regulations were adopted in 1957 and last amended in 1964. The state updated
platting regulations in 1969, which has resulted in inconsistencies between state law and the City's
regulations. The code amendment would correct these inconsistencies. Additionally, short subdivision
regulations (dividing a property into 4 or fewer lots) were adopted by the City in 1975. State law
requires short subdivisions to be administratively approved. Local residents expressed concerns that
the City's administrative approval process does not include notifying neighbors. Essentially, the code
amendment makes short subdivision and subdivision processes similar regarding notice requirements
and approval criteria. The primary difference is that short subdivisions are an administrative approval
process made by staff, while subdivisions are a quasi-judicial approval process proposed to be made
by the Hearing Examiner and City Council.
Note: The State Legislature recently adopted a temporary extension of time from 5 years to 7 years a
preliminary plat is valid and the period a plat is vested after final approval. These extensions are
sunset to expire December 31, 2014. Section 20.73.085 and 20.73.090 are the same, and Section
20.73.165 and 20.73.170 are the same, except to reflect the sunset provision.
The City currently does not have a lot line adjustment ordinance. The code amendment would add
review procedures and approval criteria and would approve these administratively. Because these are
minor in nature and involve moving existing boundary lines, no notice requirement is proposed.
Finally, the existing subdivision regulations contain general development standards that establish the
layout of lots, streets and walkways. Since these are development standards and not review
procedures, they are separated and moved to a new chapter 20.90.
Attachments: Draft Ordinance
BUDGET/FISCAL IMPACT: None
STAFF RECOMMENDATION:
CITY MANAGER REVIEW:
PROPOSED COUNCIL MOTION: Move adopt an ordinance of the City Council of the City of Medina,
Washington, Repealing Title 16 MMC and adopting Chapters 20.73 and 20.90 MMC relating to
divisions of land and lot line adjustments
ITEM PH-2/ OB-2
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CITY OF MEDINA
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MEDINA,
WASHINGTON, REPEALING TITLE 16 MMC AND ADOPTING CHAPTERS 20.73
AND 20.90 IHIMC RELATING TO DIVISIONS OF LAND AND
LOT LINE ADJUSTMENTS
WHEREAS, the City of Medina is classified as a non -charter code City under title
35A RCW; and
WHEREAS, the Washington State Legislature enacted new platting regulations
in 1969, to provide for a uniform manner of subdividing land in cities and counties
throughout the state, and replacing the 1937 platting statutes; and
WHEREAS, the state platting regulations are codified in chapter 58.17 RCW; and
WHEREAS, pursuant to RCW 35A.11.020, the City Council may adopt and
enforce ordinances of all kinds relating to and regulating local and municipal affairs,
including divisions made for the purpose of alteration by adjusting boundary lines; and
WHEREAS, the City Council had previously adopted rules and procedures
covering short subdivisions and subdivisions, with the regulations pertaining to
subdivisions last amended in 1964, and the regulations pertaining to short subdivisions
last amended in 1986; and
WHEREAS, the City Council wishes to update it rules and procedures for short
subdivisions and subdivisions, and to add lot line adjustments rules and procedures; and
WHEREAS, the City is developing a Unified Development Code and wishes to
incorporate the subdivision and lot line adjustment regulations into the Unified
Development Code; and
WHEREAS, pursuant to RCW 36.70A.106, a notice of intent to adopt was
transmitted to the Washington State Department of Commerce on May 7, 2010; and
WHEREAS, after giving proper notice, 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. Revisions to the subdivision regulations are necessary to provide consistency
with chapter 58.17 RCW; and
B. The adoption of regulations governing the
between platted lots is necessary to ensur
zoning regulations, the comprehensive plan,
egress is maintained; and
1 of 23
e
adjustment of boundary lines
conformance with applicable
and that proper ingress and
ITEM PH-2/ 013-2
1 C. The addition of notification requirements for short subdivisions will improve
2 the permitting process by ensuring the City has a complete record before
3 rendering a decision on short subdivision applications; and
4
5 D. The proposed changes will benefit the public health, safety and welfare if
6 adopted; and
7
8 WHEREAS, pursuant to WAC 197-11-340(1), a Determination of Nonsignificance
9 (DNS) was issued for this code amendment.
10
11 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON,
12 DO ORDAIN AS FOLLOWS:
13
14 Section 1. Title 16 of the Medina Municipal Code is repealed.
15
16 ((ChapteF 16.04
17 SHORT SUBDIVISIONS
18
19 Sest*GRGs
20 .
21 4r 0-4.0-20 F=Rder-semeRt.
22 1 04 0 0 Fees
23
24 46.04.010 PrevisiGns adGpted by FefeFeRGe.
25
26 TThef9_110-Winn, three GGnieS of Whinh have heFecefeFe been filed with the pity nlerk fnr
27 ited by FefeFeRGe:
28
29 a f 0020 r--nd rs-eMe„t.
30
31
32 but lerrz than five buiidiRg sites,
33
34
35 '
36
37
38 Summarily approved a6 a short plat of A- shert subdWisioR of land
39 ,
40 platting Fegulation of the Gity of Med44a-.
41
42 Dated
43
44 SIGNED
45
46
47 aud+teF.
48
49
50
53 16.04.030 Fees.
54 .
2of23
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ITEM PH-2/ OB-2
3
or etheF
use shall be made available
4 , playgF9URds publiG
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We AIR
11
011.
MIN
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ITEM PH-2/ OB-2
1
,
2
, or
3
;
4 G.
The layout the
wateF
di6tFibut.OR
of PFGpesed
Sy6tem,
5
the leGatieR of valves, and
fiFe
h, I;
6 H.
The plans profiler•
to the
of feet
to the innh
or lees
oroiter• and suer, of
r-r—rrr
and
�vurc-vrcv-rccc-cv-crra-n-rv,�
-k
v, rvav,
g�crcrvv arrazca v,
7
,'
;
8 1 --r,�c-�atrvrcrreelighting,
The plan of str
;
9 j—
The -plan -of stFeettfee
planting,
if
aRy;
10
11
,
12 Utility MaiRG,
and GUFbs and sidewalks,'
,
13 G611yeft and
other drainage 6tr„nt„reG•
14
FeaF
and ride
,
15 yaFd requirements
for the zones
inyGWerl•
,
16
17
18
,
19 +ediGa#ed;
20
21 knave-beeR
Paid
22
OF WithiR
390 fee
,
23 of, the pFopesed
subdivisiep.
24
25
26
27
,
28
,
29
,
30
31 pFepesed
plat
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,
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,
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,
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36 ,
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44
the
a time
,
plaRRiRg GgMmission shall
set
45
46 B. NGtiG8
SUGh heaFing,
Of
47 propesed
te be platted and GleaFly
iRdiGating
the time and plaGe ef
heaFing,
shall be
48
least thre
nlaGes
to the
land;
shall be
Pnc6+
s
OR OF adjaGept
49
, OF WithiR
50
,
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5of23
ITEM PH-2/ OB-2
1 1 A OR ORO
T8Rtative
approval.
2
3
heaFing
and
WithiR 60 days
the
time its
fiiiRg,
of
of
4 6hall eitheF
disapprove
the
a6
plat
pFepesed,
5 disappF9yes,
ggested
6
shall
be FetwFRed
to the
appliGaRt,
7
,
8 be
the appliGaRt
and the FnUROGnpal
OffiGess,
given
wateF,
6eweF,
9
10 eaFlieF
for
Feview.
11
12
13
14
15
16
,
17 time the
app4+sant
shall eX8G
to the minim„m
i
lents
a6 required
in
phi
18 GhapteF.
19
,
20
,
21
.
22
23 the
„i+.T
^9ineer
1e be—SUffiGiea+tasrUFiRg
ies#an..+�„
iGR
the
.
.
m
v—v, c
c, ,
of
r
24
its
and any additional
impFevements
in aGG9FdaRGe
with
the
25
;
26
27
it dm6tF9Gt
law6 ef
the state
and Gity, er
etheFwise.
28
,
29 WhiGh
imprevemeRtG
aFe GaFFied
eut,
30
.
31
,
32 GgntFaGtS,'
,
33
34
,
35 OF G6l#iGieRt
seGWFity
giV9R to as6uFe
SUGh
,
36 tentative
apPF9Yal,
and payment
Of SUGh
GGStS.
37
38 appliGaRt,
tegetheF
With R9tiGe
advisiRg
him to pFepaFe
a
final plat
as to
that part
ef
39 the pFoposed
plat f9F
whiGh the
GeFtifiGate
is given.
40
41 16.09.100
Parnelc.
divisible Onto
less than
11 building
cites.
42
43
,
44
,
45
theR
the
,
46 same may
be
with
and
platted
47 impmvemeRts
as
fellews.-
48
t9_
,
all
49 established
Gity
rtandaFd6;
suGh
Fight ef
way exteRd-ed-
te
-adjoin
at least
fna-ur
nef thee
50
, and
te
51 have
at its
—extFeFAe,
if the same
dees
RGt GGRReGt
with
a Street
at eaGheRd,
a
52
6of23
ITEM PH-2/ OB-2
1
2 by the Gity
,
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4 .
5 PrevWed, heweveF,
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.
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. .
Tmr
lip
Nate plats When allthGFozed.
W. Whol
NINON
- - ON
- -
-
001000_0
1-110kill!
Oft
W_ ell -VZZZ'.T- ir. r. - -1.
tee -e
7of23
ITEM PH-2/ OB-2
1
,
2
3
is+ee;
4
5
ways, utility er 6toFmwateF easements,
paFks,
6
publiG use,
7
;
8 4.
The IeRgth of all aFGs and Fadim, all t6lFRiRg
aRgleS,
9
;
10
11
,
12
;
13
14
.
15
Gemmirsion
of the Gity
of MediRa, to whom by QFdii;aRGe
16
17
,
18
did fired that
lat) a of land within the
(date)
(Rame
a plat
19
,
20
.
21
22
.
23
24
theR
,
25
, theR it shall be FetuFRed to
26 the
appliGant
fGF FnediftatiGR
and GGFFeGtiGR.
27
,
28 Lavwro
of 1-953
(RGW 42.32.010)
and within
6-0 days of the filing of said fiRal ,
29
30 G. UPOR
all GOpies
be
on behalf of the Gity by the
appFoval,
shall suitably
eRdeFsed
31
.
32 1.
The OFig
Rai to the G9WRty
auditeF;
33
,
34
,
35
36
,
37
38
39
40
16.08.150
Lets.
42
43
.
44 As to
fFentane
9n , the
eveFall en+im„m
of Ie+6 requires leaser
when
aFFannemen+
45 fFeRtage,
46
,
47 froRtage
twe
stFeets,
9R
48 IiRe,
tn-
GerneF
lots be
to fFent 6etbaGk ffam both
are
-hp-
-ave-id-ed.
shall
wideF peFmit yaFd
49
.
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ITEM PH-2/ OB-2
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� -
- --
NKN IN'
In a
INN
HINOW
lSOMMAMM
ye -. z mee I . ANWAPAW6-A"
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ITEM PH-2/ 013-2
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- - OWN-
- - -
. - - -
M-a
- - - -
ITIN
am _._. ._or
MTKI.
--doll
Wilmot- NOR*
Section 2. A new chapter 20.73 of the Medina Municipal Code is adopted to
read as follows:
LAND DIVISIONS
Chapter 20.73
Sections:
20.73.010
Purpose.
20.73.020
Applicability.
20.73.030
Exemptions.
20.73.040
Definitions applicable to this chapter.
20.73.050
Administration.
20.73.060
General provisions.
20.73.070
Survey requirements.
20.73.080
Further division of a short subdivision and accumulative short
subdivisions.
10 of 23
ITEM PH-2/ OB-2
1 20.73.085 Review procedures and approvals.
2 20.73.090 Review procedures and approvals.
3 20.73.100 Approval criteria — lot line adjustment, short subdivision, and subdivision.
4 20.73.110 Submittal requirements.
5 20.73.730 Approval criteria — final short subdivision and subdivision.
6 20.73.130 Submittal requirements — final short subdivision and subdivision.
7 20.73.140 Minor modifications to a preliminary subdivision approval.
8 20.73.150 Recording with County Auditor.
9 20.73.160 Expiration of final approval.
10 20.73.165 Subdivision vesting after approval.
11 20.73.170 Subdivision vesting after approval.
12 20.73.180 Violations.
13
114
5 20.73.010 Purpose.
16 A. The purpose of this chapter is to regulate the division of land and adjustment of lot
17 lines while protecting the public health, safety and general welfare of the community.
18 B. This chapter establishes the procedures for the division, re -division of land, and the
19 adjustment of property boundaries in accordance with the goals, objectives and
20 policies of the Medina Comprehensive Plan, and to ensure compliance with the
22 City's development and engineering requirements.
24 20.73.020 Applicability.
25 A. This chapter shall apply to all divisions of lands including short subdivisions,
26 subdivisions and lot line adjustments hereafter established within the incorporated
27 areas of the City of Medina.
28 B. This chapter is applied in conjunction with chapter 2.73 MMC, Hearing Examiner; title
29 17 MMC, Zoning; chapter 18.04 MMC, State Environmental Policy Act; the Medina
30 Shoreline Master Program; chapter 18.12 MMC, Critical Areas; chapter 20.80 MMC,
31 Project Permit Review Procedures, and other applicable codes referencing this
32 33 chapter.
334
5 20.73.030 Exemptions.
36 The provisions of this chapter shall not apply to:
37 A. Cemeteries and other burial plots while used for that purpose.
38 B. Divisions of land made by testamentary provisions, or the laws of descent.
39 C. Division of land due to condemnation or sale under threat thereof by an agency or
40 division of government vested with the power of condemnation.
41 D. A division of land into lots or tracts of less than 3 acres that is recorded in
42 accordance with Chapter 58.09 RCW (Survey Recording Act) and is used or to be
43 used for the purpose of establishing a site for construction and operation of
44 consumer -owned or investor -owned electric utility facilities. The exemption only
45 applies to electric utility facilities that will be placed into service to meet the electrical
46 needs of a utility's existing and new customers. "New customers" are defined as
47 electric service locations not already in existence as of the date that electric utility
48 facilities subject to the provisions of this section are planned and constructed.
49 E. A division of land for the purpose of leasing land for facilities providing personal
50 wireless services while used for that purpose.
51 F. A division of land for the purpose of dedicating to the public such tracts of lands for
52 open spaces, drainage ways, roads, alleys, easements, parks, playgrounds, sites for
11 of 23
ITEM PH-2/ 013-2
1 schools, school grounds, water supplies, sanitary wastes and other general purposes
2 that may be required to protect the public health, safety and welfare.
34 G. Condominiums as set forth in chapters 64.32 or 64.34 RCW.
56 20.73.040 Definitions applicable to this chapter.
7 A. Words in this chapter used in the singular shall include the plural, and the plural shall
8 include the singular, unless the context clearly indicates the contrary.
9 B. The following definitions apply to this chapter and they should be used in conjunction
10 with other definitions found in title 17 and title 20 MMC. However, these definitions
11 are not intended to replace or alter similar definitions found elsewhere within the
12 Medina Municipal Code except when specifically applied to the provisions of this
13 chapter.
14 1. "Auditor, County" means the person defined in chapter 36.22 RCW or the office
15 of the person assigned such duties under the King County Charter.
16 2. "Block" means a group of lots, tracts, or parcels within well-defined and fixed
17 boundaries.
18 3. "Bond" means a satisfactory security to insure performance and/or warranty.
19 The form of the security shall be determined by the Director.
20 4. "Buildable lot" means a tract or parcel of land, legally created, which may be
21 used for the placement of structures separate from other parcels.
22 5. "City" means the City of Medina.
23 6. "Comprehensive Plan" means the City of Medina Comprehensive Plan as
24 adopted and amended.
25 7. "Day" means calendar days.
26 8. "Dedication" means the deliberate appropriation of land by an owner for any
27 general and public uses, reserving to himself or herself no other rights than such
28 as are compatible with the full exercise and enjoyment of the public uses to
29 which the property has been devoted.
30 9. "Director" means the city manager or designee.
31 10. "Division of land" means any segregation of land that creates lots, tracts, parcels,
32 or sites not otherwise exempted by this title that alters or affects the shape, size
33 or legal description of any part of the owner's land.
34 11. "Electric utility facilities" means unstaffed facilities except for the presence of
35 security personnel that are used for or in connection with, or to facilitate the
36 transmission, distribution, sale, or furnishing of, electricity including, but not
37 limited to, electric power substations.
38 12. "Hearing Examiner" means the person appointed pursuant to MMC 2.78.020 with
39 the powers and duties prescribed in Chapter 2.78 MMC.
40 13. "Lot" means a fractional part of divided lands having fixed boundaries being of
41 sufficient area and dimension to meet the minimum and maximum underlying
42 zoning district requirements for width, area and street frontage. The term shall
43 include tracts or parcels.
44 14. "Lot line adjustment" means a minor movement of a property line between two or
45 more adjoining parcels. Lot line adjustments are used to correct minor
46 trespasses (such as building a shed over a property line) or to add acreage to a
47 parcel for the owner's convenience.
48 15. "Personal wireless services" means any federally licensed personal wireless
49 service. "Facilities" means unstaffed facilities that are used for the transmission
50 or reception, or both, of wireless communication services including, but not
12of23
ITEM PH-2/ OB-2
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necessarily limited to, antenna arrays, transmission cables, equipment shelters,
and support structures.
16. "Plat" means a map or representation of a subdivision, showing thereon the
division of a tract or parcel of land into lots, blocks, streets and alleys, or other
divisions and dedications.
17. "Plat certificate" means a title report or subdivision guarantee that is prepared by
a title company for the property contained in a proposed short subdivision,
subdivision or binding site plan, to include, as a minimum, all owners of record,
easements and encumbrances affecting said property.
18. "Plat, final' means the final drawing of the subdivision and dedication prepared
for filing for record with the County Auditor and containing all elements and
requirements set forth in this chapter and Chapter 58.17 RCW.
19. "Plat, preliminary" means a neat and approximate drawing of a proposed
subdivision showing the general layout of streets and alleys, lots, blocks, and
other elements consistent with the requirements of this chapter. The preliminary
plat shall be the basis for the approval or disapproval of the general layout of a
subdivision or short subdivision.
20. "Plat, short" means the map or representation of a short subdivision.
21. "State Environmental Policy Act (SEPA)" means environmental review
procedures required under chapter 43.21 C RCW, chapter 197-11 WAC and
chapter 18.04 MMC.
22. "Subdivision" means the division or re -division of land into 5 or more lots, tracts,
parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership.
23. "Subdivision, accumulative short" means multiple short subdivisions of
contiguous existing lots held under common ownership, which would result in the
creation of five or more lots within a 5-year period of the initial short subdivision
approval. "Ownership" for the purpose of this definition means ownership as
established at the date of the initial short subdivision approval.
24. "Subdivision, short" means the division or re -division of land into 4 or fewer lots,
tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of
ownership.
25. "Title report" means the written analysis of the status of title to real property,
including a property description, names of titleholders and how title is held (joint
tenancy, etc.), encumbrances (mortgages, liens, deeds of trusts, recorded
judgments), and real property taxes due.
26. "Tract' means land reserved for special uses such as open space, surface water
retention, utilities, or access. Tracts are not counted as lots nor considered as
building sites.
27. "Treasure, County" means the person defined in chapter 36.40 RCW, or the
office of the person assigned such duties under the King County Charter.
20.73.050 Administration.
The Director is vested with the duty of administering and implementing the provisions of
this chapter.
20.73.060 General provisions.
A. The provisions set forth in this chapter shall constitute the minimum requirements
necessary to promote the public health, safety, and general welfare.
B. Any person who desires to subdivide land within the boundaries of the City should
consult with the City at an early date to become familiar with the requirements of this
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1 chapter and for assistance in understanding the engineering requirements and the
2 construction standards of the City.
3 C. Transfer of land prior to final approval.
4 1. Whenever any parcel of land is divided into 2 or more lots, no person, firm,
5 corporation or agents of them shall sell, transfer or advertise for sale or transfer
6 any such lot without having a short subdivision or subdivision recorded unless
7 preliminary approval expressly conditions a performance of an offer or
8 agreement to sell, lease, or otherwise transfer a lot, tract, or parcel of land on the
9 recording of the final short plat or plat.
10 2. If performance of an offer or agreement to sell, lease or otherwise transfer a lot,
11 tract, or parcel of land following preliminary approval is expressly conditioned on
12 the recording of the final plat containing the lot, tract, or parcel, the offer or
13 agreement shall not be subject to the penalties in RCW 58.17.200 or 58.17.300,
14 or MMC 20.73.180.
15 3. All payment on account of an offer or agreement conditioned as provided in this
16 section shall be deposited in an escrow or other regulated trust account and no
17 disbursement to sellers shall be permitted until the final short plat or plat is
18 recorded.
19 D. Lands designated as critical areas such as wetlands, aquifers, streams, flood
20 hazards, geological hazards and wildlife habitat conservation areas shall not be
21 divided nor have lot lines adjusted unless adequate safeguards are provided as
22 prescribed in chapter 18.12 MMC, Critical Areas.
23 E. The applicant shall pay a fee in accordance to the fee schedule adopted in chapter
24 3.64 and 17.44 MMC, which shall accompany the application.
25 F. In lieu of the completion of the actual construction of any required improvements
26 prior to the approval of a final subdivision, the City may accept a bond providing for
27 and securing the actual construction and installation of such improvements within a
28 period specified by the City. In addition, the City may provide for methods of
29 security, including the posting of a bond securing the successful operation of
30 improvements for up to two (2) years after final approval.
31 G. If any provision of this chapter or its application to any person or circumstance is held
32 invalid, the remainder of this chapter, or the application of the provision to other
33 persons or circumstances shall not be affected.
34
35 20.73.070 Survey requirements.
37 A. A Washington State licensed land surveyor registered pursuant to chapter 18.43
38 RCW shall prepare, stamp, and seal all proposed lot subdivisions.
39 B. A survey is required for all final approvals of lot line adjustments, short subdivisions,
40 and subdivisions and shall meet the survey standards of chapter 58.09 RCW and
41 chapter 332-130 WAC.
42 C. The surveyor shall certify on the final document to be recorded that it is a true and
43 correct representation of the lands actually surveyed.
44 D. Whenever a survey reveals a discrepancy, the discrepancy shall be noted on the
45 face of the subdivision. "Discrepancy" means: (1) a boundary hiatus; (2) an
46 overlapping boundary; or (3) a physical appurtenance, which indicates
4477 encroachment, lines of possession, or conflict of title.
49 20.73.080 Further division of a short subdivision and accumulative short
50 subdivisions.
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1 A. Land within a short subdivision may not be further divided in any manner within a
2 period of 5 years without the filing of a final plat, except the original owner of the land
3 at the time the short subdivision was approved by the City may file within the 5-year
4 period an alteration to the short subdivision to create up to a total of 4 lots within the
5 original short plat boundaries.
6 B. Accumulative short subdivisions, and other proposed means of segregation used to
7 avoid the requirements of a subdivision are prohibited and violate the provisions of
89 this chapter.
10 20.73.085 Review procedures and approvals.
11
12 Each lot line adjustment and division of land is processed as a different action "type" as
13 described in MMC 20.80.060 and summarized as follows:
14 A. Approval of a lot line adjustment application is a two step process, which includes
15 final approval by the Director and recording with the King County Auditor.
16 B. Approval of a division of land is a four step process including preliminary approval,
17 installation or bonding of required improvements, final approval, and recording with
18 King County Auditor. The process summarizes as follows:
19 1. Short Subdivision:
20 a. A preliminary short subdivision is processed as a Type 2 decision pursuant to
21 chapter 20.80 MMC.
22 b. Installation of infrastructure improvements as determined by the City, or
23 providing a form of security as determined by the City to ensure such
24 improvements are installed.
25 c. A final short subdivision is processed as a Type 1 decision pursuant to
26 chapter 20.80 MMC.
27 d. The final short subdivision shall be submitted to the Director within 5 years of
28 the date that the preliminary approval became final or the short subdivision
29 shall become null and void.
30 e. The Director's signature is required on the final short plat.
31 2. Subdivision.
32 a. A preliminary subdivision is processed as a Type 3 decision pursuant to
33 chapter 20.80 MMC.
34 b. Installation of infrastructure improvements as determined by the City, or
35 providing a form of security as determined by the City to ensure such
36 improvements are installed.
37 c. A final subdivision is processed as a Type 2 decision pursuant to chapter
38 20.80 MMC.
39 d. The final subdivision shall be submitted to the Director within 7 years of the
40 date that the preliminary approval became final or the subdivision shall
41 become null and void.
42 e. The following signatures on the final plat are required before the Director can
43 submit the final plat to the City Council for their action:
44 i. Director: whose signature approves compliance with all terms of the
45 preliminary plat approval of the proposed plat subdivision or
46 dedication.
47 ii. City Engineer: whose signature approves the layout of streets, alleys
48 and other rights -of -way, design of bridges, sewage and water systems
49 and other structures.
50 iii. City of Bellevue Utilities: whose signature approves the adequacy of
51 the proposed means of sewage disposal and water supply.
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1 iv. King County Treasurer: whose signature confirms a statement that all
2 taxes and delinquent assessments for which the property may be
3 liable as of the date of certification have been duly paid, satisfied or
4 discharged.
5 v. Property Owner: whose signature confirms a statement that the
6 subdivision has been made with the free consent and in accordance
7 with the desires of the owner.
8 f. The City Council may authorize the Mayor to sign an approved final plat.
9
10 This section shall expire December 31, 2014 pursuant to SSB 6544; chapter 79, Laws of
11 2010.
12
13 20.73.090 Review procedures and approvals.
14
15 Each lot line adjustment and division of land is processed as a different action "type" as
16 described in MMC 20.80.060 and summarized as follows:
17 C. Approval of a lot line adjustment application is a two step process, which includes
18 final approval by the Director and recording with the King County Auditor.
19 D. Approval of a division of land is a four step process including preliminary approval,
20 installation or bonding of required improvements, final approval, and recording with
21 King County Auditor. The process summarizes as follows:
22 3. Short Subdivision:
23 a. A preliminary short subdivision is processed as a Type 2 decision pursuant to
24 chapter 20.80 MMC.
25 b. Installation of infrastructure improvements as determined by the City, or
26 providing a form of security as determined by the City to ensure such
27 improvements are installed.
28 c. A final short subdivision is processed as a Type 1 decision pursuant to
29 chapter 20.80 MMC.
30 d. The final short subdivision shall be submitted to the Director within 5 years of
31 the date that the preliminary approval became final or the short subdivision
32 shall become null and void.
33 e. The Director's signature is required on the final short plat.
34 4. Subdivision.
35 a. A preliminary subdivision is processed as a Type 3 decision pursuant to
36 chapter 20.80 MMC.
37 b. Installation of infrastructure improvements as determined by the City, or
38 providing a form of security as determined by the City to ensure such
39 improvements are installed.
40 c. A final subdivision is processed as a Type 2 decision pursuant to chapter
41 20.80 MMC.
42 d. The final subdivision shall be submitted to the Director within 5 years of the
43 date that the preliminary approval became final or the subdivision shall
44 become null and void.
45 e. The following signatures on the final plat are required before the Director can
46 submit the final plat to the City Council for their action:
47 vi. Director: whose signature approves compliance with all terms of the
48 preliminary plat approval of the proposed plat subdivision or
49 dedication.
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vii. City Engineer: whose signature approves the layout of streets, alleys
and other rights -of -way, design of bridges, sewage and water systems
and other structures.
viii. City of Bellevue Utilities: whose signature approves the adequacy of
the proposed means of sewage disposal and water supply.
ix. King County Treasurer: whose signature confirms a statement that all
taxes and delinquent assessments for which the property may be
liable as of the date of certification have been duly paid, satisfied or
discharged.
x. Property Owner: whose signature confirms a statement that the
subdivision has been made with the free consent and in accordance
with the desires of the owner.
The City Council may authorize the Mayor to sign an approved final plat.
This section shall be effective January 1, 2015, pursuant to SSB 6544; chapter 79, Laws
of 2010.
20.73.100 Approval criteria — lot line adjustment, short subdivision and
subdivision.
The following criteria shall be used to review and approve lot line adjustments,
preliminary short subdivisions and subdivisions:
A. Lot line adjustments:
1. Does not create any additional lot, tract, parcel, or division of land;
2. Does not create a lot, tract, parcel, site, or division of land, which contains
insufficient area or dimension to meet the minimum requirements for area and
dimensions as set forth in the Medina Municipal Code;
3. Does not create or diminish any easement or deprive any parcel of access or
utilities; and
4. Does not create or increase the nonconformity of structures, lots, or other factors
with respect to development standards.
B. Preliminary short subdivisions and preliminary subdivisions:
1. The proposal is in conformance with the Comprehensive Plan, Shoreline Master
Program, and any other City -adopted plans;
2. Provisions have been made for water, storm drainage, erosion control and
sanitary sewage disposal for the subdivision that are consistent with current
standards and plans as adopted in City code or ordinance;
3. Provisions have been made for roads, utilities, street lighting, street trees and
other improvements that are consistent with the zoning code, chapter 20.90
MMC, and engineering standards;
4. Provisions have been made for dedications, easements and reservations;
5. The proposal complies with the relevant requirements of the zoning code and all
other relevant local regulations;
6. Appropriate provisions are made for:
a. The public health, safety, and general welfare and for such open spaces,
drainage ways, streets or roads, alleys or other public ways, transit stops,
potable water supplies, sanitary wastes, parks and recreation, playgrounds,
schools and school grounds and all other relevant facts, including sidewalks
and other planning features that assure safe walking conditions for students
who only walk to and from school; and
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b. The public use and interest will be served by the platting of such subdivision
and dedication.
20.73.110 Submittal requirements.
An applicant seeking approval of a lot line adjustment, preliminary short subdivision or
preliminary subdivision must submit a complete application requesting approval. It is the
responsibility of the applicant to provide all of the necessary information before the
application is processed. In conjunction with the appropriate fee, a complete application
under this chapter shall include, but is not limited to, the following:
A. Application shall be made on the appropriate forms prescribed by the City and shall
be signed and dated by the property owner or authorized agent. When an authorized
agent is involved, they shall provide proof they represent the legal interests of the
property owner.
B. The application shall contain each of the following:
1. The name, address and telephone number of the applicant and person to be
contacted;
2. The King County Assessor's tax identification number;
3. The name, address and telephone number of the owner of the property;
4. Address or location of the property to be subdivided;
5. Legal description of the property (from the title report verbatim);
6. The existing zone classification of the property;
7. The existing shoreline environmental designation if any land is within 200 feet of
the ordinary high water mark as defined by RCW 90.58.030(2)(b);
8. Approximate project site lot area in acres;
9. The range of lot sizes in square feet.
C. Plan drawings:
1. All drawings shall be to scale on an 18-inch by 24-inch sheet of paper (multiple
sheets may be used in order to provide clarity).
2. Lot line adjustment: In addition to the illustrations prescribed in MMC
20.73.110(C)(3), plan drawings for lot line adjustments shall include the following:
a. The final lot boundaries shall be shown with a heavier line weight to clearly
distinguish them from existing boundaries;
b. A full and correct legal description of the revised lots; and
c. Comply with the survey requirements set forth in MMC 20.73.070.
3. Preliminary short plat/ plat: Drawings shall include the following illustrations:
a. Location of the site by section, township, range;
b. North arrow and the boundary of the lands being divided or having the
boundaries adjusted;
c. Scale at not less than 1 inch = 100 feet (larger scales such as 1:50, 1:20, and
1:30 are preferred);
d. Vicinity map showing the site clearly marked (smaller scale than 1:100 is
acceptable);
e. The proposed layout and dimensions of lots and tracts;
f. The name of any adjacent subdivisions;
g. The approximate location, names and width of all existing and proposed
streets, roads, private lanes and access easements within the boundaries of
the lands being effected;
h. The location of existing and proposed improvements such as storm water
facilities, sidewalks, utilities, power poles, etc., within the boundaries of the
lands being effected and adjacent lots;
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i. All existing and/or proposed easements or divisions proposed to be dedicated
for any public purpose or for the common use of the property owners of the
lands being subdivided;
j. A full and correct description of the lands being divided or having the lot lines
adjusted;
k. Approximate location of existing structures and other improvements located
on the site and whether such structures are proposed to remain on the
property;
I. Shorelines, streams, wetlands, wildlife habitat conservation areas, and
geologically hazardous areas as defined in chapter 18.12 MMC, Critical
Areas, and the Shoreline Master Program;
m. Topographical information showing existing contour lines at intervals of 2 feet
elevation.
D. Reduced plan drawing consisting of an 11-inch by 17-inch reproducible copy of the
site plan containing the information prescribed in MMC 20.73.110(B), except this
provision shall not apply to a lot line adjustment.
E. Title report issued within 30 days of application, showing all persons having an
ownership interest, a legal description describing exterior boundary of application site
and listing all encumbrances affecting the site.
F. Public notice packet as required by the corresponding application.
G. Environmental (SEPA) checklist for a subdivision application.
H. Water and Sewer Availability from City of Bellevue Utilities (not applicable to a lot line
adjustment).
I. Perimeter lot closures for all lots, tracts, and the exterior boundary.
J. Any related information and/or studies (including but not limited to storm drainage
report and critical areas report) required by other provisions of the Medina Municipal
Code, identified in the pre -application meeting, or deemed necessary by the Director.
20.73.120 Approval criteria — final short subdivision and subdivision.
The following criteria shall be used to review and approve a final short subdivision and
final subdivision:
A. Conforms to all terms of the preliminary approval;
B. Meets all zoning and engineering requirements;
C. Meets all requirements of this chapter;
D. Meets all applicable local and State laws that were in effect at the time of vesting;
and
E. Improvements have been constructed, or a bond or other security has been secured
at 130 percent of the estimated construction value accepted by the City.
20.73.130 Submittal requirements — final short subdivision and subdivision.
An applicant seeking final approval of a short subdivision or subdivision must submit a
complete application requesting approval. It is the responsibility of the applicant to
provide all of the necessary information before the application is processed. In
conjunction with the appropriate fee a complete application for a final subdivision
approval shall contain, but is not limited to, the following:
A. Application shall be made on the appropriate forms prescribed by the City and shall
be signed and dated by the property owner or authorized agent.
B. Final plan drawings:
1. All drawings shall be to scale on an 18-inch by 24-inch sheet of paper (multiple
sheets may be used);
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1 2. Contain the illustration and information set forth in MMC 20.73.110(C)(3), except
2 the Director may approve a scale up to 1 inch = 200 feet in order to fit the layout
3 of a plat on a single sheet;
4 3. Meet the survey requirements set forth in MMC 20.73.070;
5 4. Include addressing of individual lots assigned by the City;
6 5. Certificate for the approval signatures detailed in MMC 20.73.090;
7 6. Treasurer's certificate to ensure payment of taxes; and
8 7. Other information requested during the preliminary short plat or plat approval;
9 C. If the short subdivision or subdivision includes a dedication, the following statements
10 shall be included:
11 1. The dedication of all streets and other areas to the public, and individual or
12 individuals, religious society or societies, or to any corporation, public or private,
13 as shown on the plat;
14 2. A waiver of all claims for damages against any governmental authority which
15 may be occasioned to the adjacent land by the established construction,
16 drainage and maintenance of said road;
17 3. Said statements shall be signed and acknowledged before a notary public by all
18 parties having any interest in the lands subdivided;
19 D. Lot Numbering. Lots shall be consecutively numbered; tracts shall be lettered
20 alphabetically and in consecutive order.
21 E. Plat Certificates. Three copies of a plat certificate for the subject property shall
22 accompany a final subdivision application.
24 F. Perimeter lot closures for all lots, tracts, and the exterior boundary.
25 20.73.140 Minor modifications to a preliminary subdivision approval.
26
27 The Director may administratively approve minor amendments to a preliminary
28 subdivision approval. City Council approval is required after a public hearing for major
29 amendment to a preliminary subdivision approval. Notice of the hearing shall be sent in
30 accordance with the notice requirements for a public hearing in chapter 20.80 MMC and
31 to all parties of record. A major amendment includes, but is not limited to, any one of the
32 following:
33 A. Amendments that would result in an increase to the number of lots in the subdivision
34 beyond the number previously approved;
35 B. Amendments that would result in the relocation of any roadway access point to an
36 exterior street from the plat;
37 C. Amendments that propose phasing of plat development not previously approved;
38 D. Amendments that, in the opinion of the Director, would significantly increase any
40 adverse impacts or undesirable effects of the plat.
442 20.73.150 Recording with County Auditor.
43 All lot line adjustments, final short subdivisions and final subdivisions shall be filed for
44 record with the office of the King County Auditor. The applicant shall furnish 3 copies of
45 the recorded document to the City and one copy shall be filed with King County
46 Assessors.
47
48 20.73.160 Expiration of final approval.
49
50 Approvals of lot line adjustments, final subdivisions and final subdivisions shall
51 automatically expire if the plans are not recorded within one year of the written approval
53 date.
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20.73.165 Subdivision vesting after approval.
Subdivisions shall be governed by the statutes, ordinances, and regulations in effect at
the time of complete application for preliminary subdivision and will continue to be
vested for a period of 7 years after the final subdivision approval.
This section shall expire December 31, 2014, pursuant to SSB 6544, chapter 79, Laws
of 2010.
20.73.170 Subdivision vesting after approval
Subdivisions shall be governed by the statutes, ordinances, and regulations in effect at
the time of complete application for preliminary subdivision and will continue to be
vested for a period of 5 years after the final subdivision approval.
This section shall be effective January 1, 2015, pursuant to SSB 6544; chapter 79, Laws
of 2010.
20.73.180 Violations.
Violation of any provision of this chapter shall be subject to the provisions and penalties
set forth in chapter 1.15 MMC.
Section 3. A new chapter 20.90 of the Medina Municipal Code is adopted to
read as follows:
Chapter 20.90
Subdivision Design and Improvement Standards
Sections:
20.90.010
Lot requirements.
20.90.020
Maximum length of blocks.
20.90.030
Streets and pedestrian ways.
20.90.040
Utilities.
20.90.010 Lot requirements.
Lots shall conform to the minimum size and frontage requirements of the land use zone.
As to frontage only, when the overall optimum arrangement of lots requires lesser
frontage, it may be permitted if not significantly below the minimum standard. Shape and
orientation shall be appropriate for the location. Excessive length in relation to width,
frontage on two streets, and side lines at other than approximate right angles to the front
line, are to be avoided. Corner lots shall be wider to permit front yard setback from both
streets and the corner at the intersection shall be an arc of 10 feet minimum radius.
20.90.020 Maximum length of blocks.
Blocks shall not exceed 1,320 feet in length unless topography or other characteristics of
the land require, and such longer block will not impede traffic flow. Where a block is over
660 feet long, a 10-foot pedestrian way shall be dedicated. Layout of blocks shall be
such as to afford adequate lots for the type of land use and adequate streets for access,
circulation, control and safety, and to make the best of the limitations and opportunities
of the topography.
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20.90.030 Streets and pedestrian ways.
A.
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Right -of -Way. Minimum right-of-way widths shall be as follows:
1. Arterial and collector streets, 60 feet;
2. Local access streets, 50 feet;
3. Turnarounds shall be per the international fire code for emergency vehicle
turnarounds;
4. Pedestrian ways, 10 feet.
Layout. Streets shall be laid out:
1. To conform with the official circulation plan and be properly related to existing
and planned streets and pedestrian ways and to conditions of topography,
convenience and safety, and to the use of the land served; provided, that
officially planned streets may be realigned where conducive to a better
arrangement of lots and public facilities and improved circulation of traffic;
2. To generally follow contour lines, continuing to the boundaries of the plat so as to
provide continuity of streets and pedestrian ways;
3. To intersect at right angles or approximately so;
4. To minimize access to major streets by provision of marginal access streets,
reverse frontage with screen planting in a non -access reservation along the rear
property line, or other means to separate through and local traffic; and 16.08.180
5. To give a minimum radius of curvature at the street centerline of 100 feet and a
100-foot tangent between reverse curves.
Improvement.
1. Grading. The maximum grade of streets shall be seven percent, and the
minimum, 0.25 percent; the maximum grade of pedestrian ways shall be 10
percent. Changes in grade shall be connected by approved vertical curves.
Streets and pedestrian ways shall be graded to full width according to approved
cross-section under city standards for private work on city street rights -of -way.
2. Paving. Streets shall be hard surfaced according to the specifications of the
same standards in terms of the type of paving elected by the applicant.
Sidewalks, if any, shall satisfy the minimum of the same standards.
Lighting and Trees. If the applicant elects to provide lighting or trees, installation or
planting shall conform to the official street lighting or tree plans.
Names and Signs. Names shall be those of the streets extended or as approved by
the planning commission. Street signs shall be provided at each intersection,
constructed and installed to city standards.
20.90.040 Utilities.
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Water. A complete water system, with fire hydrants, shall be provided, designed,
located and installed according to standards prescribed by the city engineer.
Sanitary Sewers. If there is a public sewer main lying within 800 feet of the proposed
plat, or if such is planned for installation by the sewer authority within one year of
filing of the application, a complete sanitary sewer system to connect shall be
provided, designed, located and installed to standards prescribed by the city
engineer.
Utilities Easements. Easements for utilities shall be provided where necessary to
supplement street or pedestrian rights -of -way, centered on rear or side lot lines if
practical.
Storm Sewers. Provision of storm sewers will be necessary as an incident of paving.
The location and type of catch basins, culverts and other structures shall be
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according to those established by the city engineer and the official drainage plan.
Where such plan indicates, stormwater easements shall be provided.
Section 4. Severability. If any section, sentence, clause, or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity of any other
section, sentence, clause, or phrase of this ordinance.
Section 5. 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 DAY OF , 2010 AND
SIGNED IN AUTHENTICATION OF ITS PASSAGE ON THE DAY OF ,
2010.
Approved as to form:
, City Attorney
23 of 23
Mayor Bret Jordan
Attest:
Rachel Baker, City Clerk
ITEM PH-3/ OB-3
MEDINA CITY COUNCIL MEETING AGENDA BILL
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MEDINA,
SUBJECT/TITLE: WASHINGTON, AMENDING CHAPTER 17.44 OF THE MEDINA
MUNICIPAL CODE RELATING TO DEVELOPMENT FEES
CATEGORY:
❑ Consent ® Ordinance ® Public Hearing
❑ City Council Business ❑ Resolution ❑ Other - Discussion
STAFF REPORT BY: ROBERT J. GRUMBACH
BACKGROUND/SUMMARY:
City staff is working on major revisions to the City's permit fee program. The goal is to create a more
effective method of determining fees that has greater predictability for applicants and better cost
recovery for the City.
The proposed ordinance would amend chapter 17.44 of the Medina Municipal Code by:
• Adding a fixed valuation table for new construction of single-family dwellings and additions thereto.
The numbers are based on previous zoning pre -alteration calculations and RS Means estimates.
• High value projects (over $2.5 million) and other buildings and structures would continue to have
the applicant provide an estimate valuation at the time of application that must be approved by the
building official.
• Simplify existing language for passing through consultant costs and add authority to require
advanced deposits from which the City can draw -down funds to pay for consultant services as
those costs are incurred.
• Add procedures for an applicant to appeal any fee estimate disputes. If the applicant is the
prevailing party in an appeal, the City would refund their appeal fee.
The ordinance establishes the authority and general administrative requirements of the fee program.
Changes to the fee schedule to implement the new program will require a separate action. Staff is in
the process of evaluating existing permit fees and will be bringing forward an updated fee schedule at
a future date. Additionally, the Building Official will develop written standard operating procedures
consistent with the code to assist in the administration of this chapter.
Note: This ordinance would not go into effect right away. It is proposed to go into effect upon Council
approval of the next fee schedule amending the 2009 fee schedule. The purpose is to ensure the code
and fee schedule are consistent with each other.
Attachments: Draft Ordinance
BUDGET/FISCAL IMPACT: Improved cost recovery of fees once implemented
STAFF RECOMMENDATION: Approval
CITY MANAGER REVIEW:
PROPOSED COUNCIL MOTION: Move to adopt an ordinance of the City Council of the City of Medina,
Washington, amending chapter 17.44 of the Medina Municipal Code relating to development fees.
ITEM PH-3/ OB
1 CITY OF MEDINA
2
3 Ordinance No.
4
5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MEDINA,
6 WASHINGTON, AMENDING CHAPTER 17.44 OF THE MEDINA MUNICIPAL CODE
7 RELATING TO DEVELOPMENT FEES
8
9
10 WHEREAS, the City of Medina is classified as a non -charter code City under title
11 35A RCW; and
12
13 WHEREAS, pursuant to RCW 82.02.020, the city is authorized to collect reasonable
14 fees from an applicant for a permit or other governmental approval to cover the cost for
15 processing applications, inspecting and reviewing plans, or preparing environmental
16 documents; and
17
18 WHEREAS, the City Council adopted Ordinance No. 421 (February 10, 1986)
19 establishing a development permit fee schedule and authorized the City manager to modify
20 the fee schedule; and
21
22 WHEREAS, Ordinance No 421 also provided for the recovery of consultant costs
23 associated with development permits and environmental review; and
24
25 WHEREAS, it is the general policy of the City that permit fees and environmental
26 review fees should cover the cost of providing services associated with development permits
27 and environmental review; and
28
29 WHEREAS, the City Council wishes to provide a more effective fee program
30 associated with development permits and environmental review; and
31
32 WHEREAS, pursuant to WAC 197-11-800(19), adoption of a fee schedule contains
33 no substantive standards respecting use or modification of the environment and is
34 categorically exempt from the State Environmental Policy Act.
35
36 WHEREAS, the City Council of the City of Medina, Washington, does adopt the
37 following findings of fact:
38
39 A. Revisions to the development permit fee provisions are necessary to improve the
40 overall effectiveness of assessing and recovering reasonable fees associated
41 with processing applications, inspecting and reviewing plans and reviewing and
42 preparing environmental documents.
43
44 B. The adoption of a building and structure valuation table will provide greater
45 predictability and certainty in establishing fees for building permits.
46
47 C. The collection of advance deposits for consultant services will ensure a more
48 effective means of recovering costs from applicants for consultant services
49 associated with development permits and approvals.
50
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D. The proposed revisions set forth in this ordinance are in the best interest of the
City and protect the public health, safety and welfare.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Chapter 17.44 of the Medina Municipal Code is hereby repealed.
Section 2. A new chapter 17.44 of the Medina Municipal Code is adopted to read as
fellows:
Sections:
17.44.010
Purpose.
17.44.020
Applicability.
17.44.030
General provisions.
17.44.040
Definitions.
17.44.050
Fee schedule.
17.44.060
Building and structure valuation.
17.44.070
Consultant Costs.
17.44.080
Advanced deposit for consultant services.
17.44.090
Disputes.
Chapter 17.44
DEVELOPMENT PERMIT FEES
17.44.010 Purpose.
The purpose of this chapter is to prescribe reasonable fees and fee collection to cover the
cost of services associated with the processing of development applications, inspecting, and
reviewing plans, and conducting environmental review.
17.44.020 Applicability.
Development permit fees shall compensate the City for building, engineering and land use
services associated with the processing, review and inspection of:
A. Residential and commercial building permit applications;
B. Grading and drainage permit applications;
C. Right-of-way permits;
D. Tree removal permits;
E. Shoreline permit applications and exemptions;
F. State Environmental Policy Act (SEPA) compliance;
G. Critical areas review;
H. Preliminary and final subdivisions and short subdivisions;
I. Lot line adjustments;
J. Variances and minor deviations, conditional and special use
reclassifications, temporary use permits;
K. Site plan review;
L. Code of conduct and tailored construction mitigation plans;
M. Amendments to the comprehensive plan or shoreline master program;
N. Code amendments and amendments to the Official Zoning Map;
O. Other project -permits listed in the tables set forth in MMC 20.80.060; and
2 of 6
permits, zone
ITEM PH-3/ OB
1
P.
Other permits or approvals that reference this chapter.
2
3
17.44.030
General provisions.
4
5
A.
The City manager or designee may establish administrative rules to implement the
6
provisions of this chapter.
7
B.
Fees are due and payable at the time of application for services or the due date stated
8
on the City's invoice.
9
C.
A late penalty payment equal to one percent of the delinquent unpaid balance,
10
compounded monthly, may be assessed on any delinquent unpaid balance.
11
D.
Unless otherwise required by law, development permit and environmental review fees
12
shall be assessed at the fee rate in effect at the time the fee is collected.
13
E.
Administrative fees are not refundable. Other service fees are refundable in proportion
14
to the amount of work performed as of the date an application is withdrawn by an
15
applicant.
16
F.
Whenever a planning, building or engineering plan review or inspection results in more
17
than one correction notice, second and subsequent corrections shall be charged a fee
18
for additional services at an hourly rates established by the fee schedule.
19
20
17.44.040 Definitions.
21
22
A.
Words in this chapter used in the singular shall include the plural, and the plural shall
23
include the singular, unless the context clearly indicates otherwise.
24
B.
The following definitions apply to this chapter and they should be used in conjunction
25
with other definitions found in title 17 and title 20 MMC. However, these definitions are
26
not intended to replace or alter similar definitions found elsewhere within the Medina
27
Municipal Code except where specifically applied to the provisions of this chapter.
28
1. "Development permits" means all permits and associated approvals administered by
29
the City associated with development.
30
2. "Environmental review" means all reviews administered pursuant to chapter 43.21
31
RCW and chapter 18.04 MMC.
32
3. "Permit fee" means a payment of money imposed upon development as a condition
33
of application for or approval of development to cover the costs of processing
34
applications, inspecting and reviewing plans or other information required to be
35
submitted for purpose of evaluating an application, or inspecting or monitoring
36
development activity.
37
4. "Profit" means the value difference in what a building or structure is worth as a result
38
of improvements made to the building or structure, and the cost of replacement of
39
the building or structure. For the purpose of this chapter "profit" shall be an estimate.
40
5. "Valuation" means the determination of value made by the building official or
41
designee of the total work, including materials, labor, overhead and profits for which
42
a permit is issued, such as electrical, gas, mechanical, plumbing equipment and
43
permanent systems.
44
45
17.44.050
Fee schedule.
46
47
A.
Development permit fees shall be set in a manner to reasonably cover as close as
48
possible the actual cost of providing the services prescribed in MMC 17.44.020. This
49
shall include consultant costs.
50
B.
Authority is delegated to the City manager or designee to establish a fee schedule and
51
to increase or decrease fees consistent with the provisions of this chapter to
3of6
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compensate the City for services related to development and conducting environmental
review.
C. The fee schedule and any modifications thereto shall be submitted to the City Council for
consideration. The City Council may approve, reject or modify the proposed fee
schedule or any modifications thereto.
17.44.060 Building and structure valuation.
Fees for the review of buildings and structures, including additions and modifications, shall
be calculated using the fee rate table adopted in the fee schedule pursuant to MMC
17.44.050 and the following methods of determining permit valuation:
A. Valuation for new construction and/ or additions for Group R, Division 3 Occupancy
(Residential one- and two-family) shall be based on the following table, except as
provided in MMC 17.44.060(B):
Table 17.44.060(A) Valuation Table
Range for Value per Square Foot
Middle
Lower
Main Floor Area
$336
$250
Upper Floor Area
$336
$250
Lower Floor Area
$336
$250
Storage/ Unconditioned
Garage Area
$125
$105
Unfinished Space
$323
$227
Finished Basement Area
$359
$283
Porch Area — Uncovered
$76
$71
Porch Area— Covered
$160
$145
Decking Area — Uncovered
$35
$25
Decking Area — Covered
$100
$75
1. The applicable value shall be applied based on the type of construction and work
being performed.
2. The building official must approve which value in the table to apply in calculating
valuation.
B. When a permit for Group R, Division 3 Occupancy (Residential one- and two-family) new
construction or addition has a valuation greater than $2.5 million, it shall have the
valuation determined pursuant to MMC 17.44.060(C).
C. For those items not covered by the valuation table in MMC 17.44.060(A), including all
areas of remodel, the valuation shall be determined by the applicant providing an
estimate value at the time of application. All fair -market value for labor and materials,
equipment; architectural and engineering design work, contractor management
expenses, agent administration expenses, profit, and overhead necessary to complete
the project shall be included in the estimate. Sales tax and permit fees shall not be
included.
D. Final valuation shall be set by the building official consistent with the provisions of this
chapter. If, in the opinion of the building official, the valuation provided by the applicant
is underestimated on the application, or if subsequently the application is changed in a
manner that significantly affects valuation, the building official may require a detailed
estimate, or may require a new valuation estimate that must be approved by the building
official.
4 of 6
ITEM PH-3/ OB
1
E.
Permit fees based on valuation shall use final valuation for assessing fees to be paid.
2
3
17.44.070
Consultant Costs.
4
5
In
addition to City staff, the City utilizes the services of consultants in the processing of
6
development applications, inspecting, and reviewing plans, and conducting environmental
7
review.
8
A.
When referred to in the fee schedule, consulting costs shall include all costs incurred by
9
the city for services for consultants retained by the City in relation to permits.
10
B.
Costs shall include the hourly cost to the City for the consultants' services plus any
11
administrative costs and incidental costs associated with the consultant's services.
12
C.
Consultant costs may also include those costs incurred when an applicant requests a
13
pre -development meeting, or when requesting assistance in clarifying the status or
14
permitted use of property or easement.
15
D.
The general provisions set forth in MMC 17.44.030 for development fees shall apply to
16
consultant costs where applicable.
17
18
17.44.080 Advanced deposit for consultant services.
19
20
A.
The City may require an applicant to pay in advance a deposit for consultant services.
21
B.
The City shall, within a reasonable time, provide to the applicant the fee estimate for
22
consultant services upon which the deposit will be based.
23
C.
The deposit shall not exceed 100 percent of the total actual or estimated cost of the
24
review and inspection of a permit application.
25
D.
The City may withdraw funds from the deposit to compensate for the cost of consultant
26
services as those consultant costs are incurred by the City.
27
E.
The City may require the applicant to provide additional payments to the deposit
28
whenever the cost to complete review and inspection on a permit is anticipated to
29
exceed the available funds in the deposit. The provision set forth in MMC 17.44.080(C)
30
shall apply to subsequent payments.
31
F.
The City may refuse to issue or continue processing any permit, or perform any
32
inspection, if a requested deposit payment remains unpaid.
33
G.
The City shall not be obligated to pay interest on deposits. Any unspent funds remaining
34
after all permits and approval on a project are final shall be refunded to the applicant.
35
36
17.44.090
Disputes.
37
38
A.
An applicant disputing a fee estimate or the payment of fees shall first attempt to resolve
39
the matter with the City manager or designee. The applicant shall submit the dispute in
40
writing and the City manager or designee shall issue a decision on the dispute in writing.
41
B.
If the applicant is aggrieved by the City manager or designee's decision, they may
42
appeal the decision to the hearing examiner pursuant to MMC 20.80.220.
43
C.
The burden is on the applicant to demonstrate that the fee estimate or estimate revision
44
is unreasonable. The hearing examiner shall affirm the City manager or designee's
45
decision unless the examiner determines that the decision was unreasonable.
46
D.
If the hearing examiner determines the fee estimate or payment of certain fees was
47
unreasonable, the hearing examiner may modify the fee estimate, or provide other relief
48
as reasonably necessary. The hearing examiner's decision is final.
49
E.
If the hearing examiner determines that the applicant is the substantial prevailing party,
50
the City shall refund the appeal fee.
5of6
ITEM PH-3/ OB
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F. An appeal of fee under this chapter shall be limited only to the City's application of
permit fees to the applicant's permit and approval. An applicant may not challenge in an
appeal under this chapter the permit fees as adopted in the fee schedule, or any other
code requirements.
Section 3. Severability. If any section, sentence, clause, or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity of any other section, sentence,
clause, or phrase of this ordinance.
Section 4. Effective Date. This ordinance shall take effect immediately upon City
Council approval of the next fee schedule amending the 2009 fee schedule.
PASSED BY THE CITY COUNCIL ON THIS _ DAY OF , 2010 AND
SIGNED IN AUTHENTICATION OF ITS PASSAGE ON THE DAY OF ,
2010.
Approved as to form:
, City Attorney
6 of 6
Mayor Bret Jordan
Attest:
Rachel Baker, City Clerk
ITEM OB-4
MEDINA CITY COUNCIL MEETING AGENDA BILL
SUBJECT/TITLE: 2011— 2016 SIX YEAR CAPITAL IMPROVEMENT PROGRAM
AND TRANSPORTATION IMPROVEMENT PROGRAM
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business X Resolution ❑ Other
STAFF REPORT BY: JOE WILLIS SR
BACKGROUND/SUMMARY:
State law requires all municipalities prepare and submit their planned six year transportation
improvement program to the State Department of Transportation by July 31 st each year and in
addition, to qualify for grant funding, each project for which funding is requested must appear
on the adopted City TIP. The attached program merges the CIP and TIP into one document
for overall fiscal planning.
DISCUSSION:
The Proposed CIP/TIP Program for years 2011 through 2016 was derived from public street
and right-of-way improvement condition assessments, storm drainage deficiencies, public
facility evaluations, and incorporates planned improvements such as Phase II of the Public
Safety Enhancement Camera System program. The attached 2011 through 2016 CIP/TIP
Project Summary Spreadsheet lists the projects, the year for their completion, and their
estimated cost.
The proposed annual expenditure for the Program was reduced from prior years that were
programmed at $ 638,000 to an annual amount of $ 515,000 for year 2011 through 2015
based on present projected $ 65,000 Motor Fuel Tax and $ 450,000 REET tax revenues.
A public hearing was held on June 14, 2010 by the City Council to receive public comment on
the proposed program. No changes to the program were requested at that time.
Attachments: 2011 — 2016 CIP/TIP Program
Resolution No.
BUDGET/FISCAL IMPACT: $ 515,000 ANNUAL COST
STAFF RECOMMENDATION:
CITY MANAGER REVIEW:
2011 through 2016 CIP/TIP
PROPOSED COUNCIL MOTION: "I MOVE TO ADOPT THE 2011 THROUGH 2O16 CIP/TIP PROGRAM AND DIRECT
THE PUBLIC WORKS DIRECTOR TO FORWARD THE PROGRAM TO THE STATE SECRETARY OF TRANSPORTATION
AND THE TRANSPORTATION IMPROVEMENT BOARD".
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ITEM OB-4
CITY OF MEDINA
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF MEDINA, WASHINGTON,
ADOPTING A SIX -YEAR TRANSPORTATION IMPROVEMENT PROGRAM AND DIRECTING
THE SAME TO BE FILED WITH THE STATE SECRETARY OF TRANSPORTATION AND
THE TRANSPORTATION IMPROVEMENT BOARD.
WHEREAS, pursuant to the requirements of Chapters 35.77 and 47.26 RCW, the City
Council of the City of Medina has previously adopted a Comprehensive Street Program,
including a collector and local access street construction program, and thereafter periodically
modified said Comprehensive Street Program by resolution, and
WHEREAS, the City Council has reviewed the work accomplished under said Program,
determined current and future City collector and local access street needs, and based upon
these findings has prepared a Six -Year Transportation Improvement Program for the ensuing
six (6) calendar years, and
WHEREAS, a public hearing was held on June 14, 2010 on the said Six -Year
Transportation Improvement Program, and
WHEREAS, the City Council finds that there will be no significant adverse environmental
impacts as a result of adoption or implementation of the Six -Year Transportation Improvement
Program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina,
Washington, that:
Section 1. Program Adopted. The Six -Year Transportation Improvement Program for the
City of Medina, as revised and extended for the ensuing six (6) calendar years (2011 — 2016,
inclusive), a copy of which is attached hereto as Exhibit A and incorporated herein by this
Resolution
ITEM OB-4
reference as if fully set forth, which Program sets forth the project location, type of improvement
and the estimated cost thereof, is hereby adopted and approved.
Section 2. Filing of Program. Pursuant to Chapter 35.77 RCW, the City Clerk is hereby
authorized and directed to file a copy of this resolution forthwith, together with the Exhibit
attached hereto, with the Secretary of Transportation and a copy with the Transportation
Improvement Board for the State of Washington.
PASSED BY THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON ON
THIS DAY OF JULY,
Bret Jordan, Mayor
Approved as to form:
Bruce Disend, City Attorney
Attest:
Rachel Baker, City Clerk
Resolution
ITEM OB-5
MEDINA CITY COUNCIL MEETING AGENDA BILL
SUBJECT/TITLE: Draft Code Amendment Relating to Wireless Communication
Facilities
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ® Other -Discussion
STAFF REPORT BY: Robert J. Grumbach
BACKGROUND/SUMMARY:
The June 14 draft relating to wireless communication facilities has undergone significant revisions as a
result of input from many sources. At the focal point of the revisions as been a review of the "Need"
based standard used to justify a wireless carrier's installment of new facilities. The current "Need"
based standard sets coverage using signal strength as the measurement for permitting facilities. With
the building -out of wireless networks and the implantation of new technologies, the focus of "Need" is
shifting away from strictly a "Need" for coverage to a "need" for more capacity. The challenge for the
City is that capacity needs are determined by the provider based upon their own business models. It
would be new territory to attempt to create an objective standard in which to evaluate the need for
capacity. The approach presented in the draft is to allow a more flexible definition of "need" and create
design standards that focus on separation, bulk and concealment as the method for fitting these into
the community.
The issue of undergrounding remains. Undergrounding is a form of concealment, which is reflected in
the updated draft. In the right-of-way, it has the added dimension of public safety. For applicants, it is
a cost factor as additional measures must be employed to protect equipment from moisture. For the
City, it is a policy question. Current policy is to underground. The draft code amendment maintains
the status quo, but adds allowances for electronic equipment to be placed off -site inside of a
nonresidential building, including City -owned buildings. It is worth noting that should the City change
its policy on undergrounding, it could continue to require facilities in the right-of-way to continue being
underground due to safety concerns. Does the City Council want to undergrounding for ancillary
facilities and equipment housing structures?
Another important policy question relates to expiration of the special use permit. The City's regulations
cause special use permits for a wireless communication facility to expire after two years. The
reasoning is based on the possibility that the carrier might develop new less intrusive technologies that
they would presumably have to switch to with an application for a new special use permit. The draft
removes the expiration clause due to difficulties at enforcing it. Does the City Council want a clause
that special use permits for wireless communication facilities expire after a specific time?
The draft revisions are the result of extensive review and input by the City Attorney and the City's
consultants. Staff also met with Tim Gasser of Puget Sound Energy who is the contact person when
carriers want to mount facilities to PSE poles. Staff also received input from the private industry based
on the June 14 draft, which was useful in revising the earlier draft.
Attachments: Revised draft code amendment with staff analysis
BUDGET/FISCAL IMPACT: None
STAFF RECOMMENDATION: Provide Direction on Important Policv Issues
CITY MANAGER REVIEW:
PROPOSED COUNCIL MOTION: None
Draft and Staff Analysis
ITEM OB-5
Chapter 17.90
WIRELESS COMMUNICATIONS
FACILITIES
Sections:
17.90.010
Purpose.
17.90.020
Nondiscrimination.
17.90.030
Applicability.
17.90.035
Licensed amateur (HAM) radio.
17.90.040
Definitions.
17.90.050
Permitted locations.
17.90.060
Parks and Public Places zoning — limitations.
17.90.070
Site requirements — outside of City rights -of -way.
17.90.080
Site requirements — City rights -of -way.
17.90.090
Security fencing.
17.90.100
Concealment.
17.90.110
Co -location.
17.90.120
Special use permit required.
17.90.130
Application submittal requirements.
17.90.140
Requirement to demonstrate need for facility.
17.90.150
Radio frequency standards.
17.90.160
Assignment of subleasing.
17.90.170
Maintenance required.
17.90.180
Abandoned facilities.
17.90.010 Purpose.
The purpose of this chapter is to establish design, permitting, and placement standards for
wireless communication facilities that:
A. Provides adequate wireless communication coverage to the residents of the City, the
traveling public, and others within the City's jurisdiction;
B. Ensures wireless communication facilities are consistent with the residential character of the
City;
C. Establishes development standards for wireless communication facilities that are least
intrusive and take into account the scale (height and mass), proximity to each other, and the
informal landscaping that contribute to the distinctive setting of the community; and
D. Maximizes the use of any support structure and existing suitable structures and buildings in
order to reduce the need to construct or install new support structures.
17.90.020 Nondiscrimination.
STAFF COMMENT: Revisions are to reflect federal law.
The Federal Telecommunication Act provides that the City shall not unreasonably discriminate
among providers of functionally equivalent services.
17.90.030 Applicability.
STAFF COMMENT: Additional exemptions were added to be more complete.
Draft and Staff Analysis
ITEM OB-5
A. The provisions of this chapter shall apply to all new and expansion and/or alteration of
wireless communication facilities located within the boundaries of the City, except for the
following:
1. Those facilities used for the purpose of public safety by public or semi-public entities,
such as police, and 911 communications systems;
2. Wireless radio utilized for emergency communications in the event of a disaster;
3. An antenna that is designed to receive television broadcast signals;
4. An antenna for receiving and sending of amateur radio devices or HAM radios provided
the criteria in MMC 17.52.035 are satisfied;
5. An antenna that is one meter or less in diameter or diagonal measurement, which is
designed to receive direct broadcast satellite services, including direct -to -home satellite
services and those subject to MMC 17.52.060;
6. An antenna that is one meter or less in diameter or diagonal measurement, which is
designed to receive video programming services via multipoint distribution services
including multi -channel multipoint distribution services, instructional television fixed
services, and local multipoint distribution services.
B. It is the express intent of the City to impose all regulations in this chapter to all land within
the City, whether publicly or privately held including private property, city property, state-
owned right-of-way, and/ or church property, utility property and school property.
17.90.035 Licensed amateur (HAM) radio.
Antennas for the receiving and sending of amateur radio devices (HAM) shall be exempt from
the requirements of this chapter provided that:
A. The height of the antenna, including any tower, does not exceed the maximum zoning
height applicable to the property;
B. The radio is owned and operated by a federally licensed amateur radio station operator, or
is used exclusively for "receive only' antennas.
C. No lights of any kind shall be attached to, and no direct or indirect means of artificial
illumination shall be employed, on the antenna or tower;
D. Concealment pursuant to MMC 17.90.100 shall be incorporated into the antenna and tower
to the extent allowed under the requirements set forth by the Federal Aviation
Administration;
E. Towers shall not be located within any setback areas and must be placed a distance equal
to or greater than its height (not including the antenna) from all property lines and existing
residential structures;
F. No signs shall be permitted except as required by federal regulations, which such a sign
shall be limited to one in quantity and be no larger than 8'/2 inch by 11 inches;
G. The tower shall not be used for commercial purposes; and
H. Towers must meet all applicable state and federal statues, rules and regulations, including
obtaining a building permit from the City, if necessary.
17.90.040 Definitions.
STAFF COMMENT: The definition of ancillary facilities was revised to remove equipment
enclosures per comments received for better clarity. Revisions were also made to service area
and coverage gap to reflect federal case law and to allow greater flexibility (the reference to
signal strength was deleted).
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:
2
Draft and Staff Analysis
ITEM OB-5
"Ancillary facilities" means the equipment required for operation of wireless communications
including, but not limited to repeaters radios cabling power meters ventilation generators
and other related equipment.
"Antenna" means an electrical conductor or group of electrical conductors that transmit or
receive radio waves or microwaves.
"Antenna, Omni -directional (or whip)" means an antenna that receives and transmits signals
in a 360 degree pattern, and which is 4 inches or less in diameter and 15 feet or less in
height.
"Antenna, Directional (or panel)" means an antenna that receives and transmits signals in a
directional pattern typically encompassing an arc of 120 degrees.
"Antenna, Parabolic (or dish)" means a bowl -shaped device that receives and transmits
signals in a specific directional pattern.
Antenna, Tubular Panel" means an antenna which is 18 inches or less in diameter and less
than 8 feet in height, and which is capable of receiving or transmitting signals in a 360
degree pattern. This includes a configuration of multiple panel antennas located within a
single shroud that gives the appearance of a single antenna.
"Co -location" means the use of a single support structure and/ or site by more than one
telecommunication carrier of wireless communication.
"Coverage gap" means a geographic area where a telecommunication carrier has a
significant gap in service coverage.
"Equipment housing structure" means the structure used to shelter equipment (i.e.:
electronics, cooling and heating devices, emergency generators etc) necessary for
processing wireless communication signals including but not limited to vaults cabinets and
similar assemblies.
"Existing nonresidential building" means an existing building or structure that contains a
nonresidential use or supports a nonresidential use.
"Lattice tower" means a support structure characterized by an open framework of lateral
cross members which stabilize the structure.
"Monopole" means a single upright pole, engineered to be self supporting that does not
require lateral cross supports and is sunk into the ground and/ or attached to a foundation.
"Personal wireless services" means the same as that phrase is given meaning pursuant to
47 USC §332(c)(7)(C)(iZ
"Personal wireless service facilities" means the same as that phrase is -given meaning
pursuant to 47 USC &332(c)(7)(C)(ii).
"Residential use property" means all portions of any property which contain a residence and
all portions of any vacant property which is zoned for residential use, including property
located in adjoining jurisdictions.
"Security barrier' means an obstruction, such as fences, walls, vegetation and similar
elements that restricts public access.
"Service area" means the vicinity around a wireless communication facility that effectively
receives signals from and transmits signals to the facility.
"Significant Gap in Service Coverage" means a large geographical service area in which a
large number of remote user subscribers are unable to connect or maintain a connection to
the national telephone network through a telecommunication carrier's wireless
communication network. A "dead spot" (defined as small areas within a service area where
the field strength is lower than the minimum level for reliable service) does not constitute a
significant gap in services.
"Support structures" means the structure to which antennas and other necessary associated
hardware are mounted, including, but not limited to lattice towers, monopoles, utility support
structures, and existing nonresidential buildings.
Draft and Staff Analysis
ITEM OB-5
"Utility support structure" means poles that support street lights and poles used to
supporting electrical, telephone, cable or other similar facilities. These poles are typically
constructed of wood, steel, concrete and composite materials.
View -shed" means the environment that is visible from one or more viewing points.
"Wireless communication facility' means a facility designed and used for the purpose of
transmitting, receiving, and relaying voice, video and data signals from various wireless
communication devices. This may include any combination of antennas, ancillary facilities,
equipment housing structures, support structures, and security barriers.
17.90.050 Permitted locations.
Wireless communication facilities may be permitted at the following locations:
A. Properties zoned R-16 District, R-20 District, and SR-30 District containing a nonresidential
use; and
B. Properties zoned Neighborhood Auto and Primary State Highway; and
C. Properties zoned Parks and Public Places, subject to the limitations set forth in MMC
17.90.060; and
D. Opened and un-opened City rights -of -way.
E. All other locations within the City's jurisdiction are prohibited.
17.90.060 Parks and Public Places zoning — limitations.
STAFF COMMENT: Added an allowance to use City facilities as a location for electronics.
Wireless communication facilities are prohibited in all portions of City parks, except:
A. Those portions of Fairweather Nature Preserve which are non -forested and adjacent to the
state highway right-of-way; and
B. Ancillary facilities placed within the interior of a City building.
17.90.070 Site requirements — outside of City rights -of -way.
The following site requirements shall apply to wireless communication facilities that are located
pursuant to MMC 17.90.050(A), (B), and (C).
A. An antenna and ancillary facility may use an existing nonresidential building as a support
structure provided that:
1. Only one of the following may be mounted on the building:
a. One tubular panel antenna;
b. One whip antenna; or
c. One non -reflective parabolic dish antenna not more than one -foot in diameter.
2. More than one antenna may be mounted on the same nonresidential building when:
a. The added antenna is for the purpose of co -location as prescribed by MMC
17.90.110 provided each telecommunication carrier shall be limited to only one
antenna on the same nonresidential building; and/ or
b. The added antenna is for a Global Positioning System (GPS) antenna less than 12
inches at its greatest dimension.
3. Ancillary facilities may be located on- or off -site and shall be placed within the interior of
an existing nonresidential building or an equipment housing structure. This provision
shall not apply to conduit for power and/ or data.
4. The maximum height of the wireless communication facility, including the height of the
antenna, shall not exceed the lower of a height of 35 feet above finished or original
grade, whichever is lower, or:
19
Draft and Staff Analysis
ITEM OB-5
a. Six feet, eight inches, measured to the top of a tubular antenna above the roof
proper at the point of attachment;
b. Ten feet measured to the tip of whip antenna above the roof proper at the point of
attachment;
c. Five feet measured to the top of a parabolic dish above the roof proper at the point of
attachment.
5. Wireless communication facilities, except for security barriers, shall be set back a
distance of at least 500 feet from the property line of all residential properties.
6. In addition to the provisions prescribed by this subsection, if a support structure is
attached to an existing nonresidential building, the provisions set forth in MMC
17.90.070(B) shall also apply as applicable.
7. Concealment consistent with MMC 17.90.100 is incorporated to minimize visual impacts
and provide appropriate screening.
8. Buildings containing a residential occupancy as defined by the building code shall not be
utilized as a support structure.
B. An antenna may be mounted to a support structure such as a lattice tower, monopole and
similar freestanding structures, provided that:
1. The support structure shall be designed and placed on the site in a manner that uses
existing trees, mature vegetation, and existing structures to:
a. Screen as much of the total facility from prevalent views;
b. Provide background in a manner that the total facility blends to the maximum extent
feasible into the background with increased sight distances; and
c. Integrates the existing trees and mature vegetation to the maximum extent feasible
with concealment requirements.
2. The maximum height of the wireless communication facility, including the height of the
antenna, shall not exceed 35 feet above original or finished grade, whichever is lower.
3. The maximum height in MMC 17.90.070(B)(2) may be increased up to 80 feet without a
variance if:
a. The wireless communication facility is located in Fairweather Nature Preserve
consistent with MMC 17.90.060(A); and
b. The increase in height is the minimum necessary to avoid a significant gap in service
coverage on the SR 520 floating bridge; and
c. The increase in height supports future co -location on the support structure pursuant
to MMC 17.90.110.
d. All other applicable provisions of this chapter are followed.
STAFF COMMENT: Additional height was added for Fairweather per Council's request.
The 80-foot maximum is based on a review of other codes and a proposal for a facility
here.
4. Wireless communication facilities, except for security barriers, shall be set back a
distance of at least 500 feet from the property line of all residential properties.
5. Ancillary facilities may be located on- or off -site and shall be placed within the interior of
an existing nonresidential building or an equipment housing structure. This provision
shall not apply to conduit for power and/ or data.
6. Concealment consistent with MMC 17.90.100 is incorporated to minimize visual impacts
and provide appropriate screening.
5
Draft and Staff Analysis ITEM 013-5
17.90.080 Site requirements — City rights -of -way.
STAFF COMMENT: The approach here is to broaden the scope of what constitutes "need"
when determining if a wireless communication facility can be allowed in Medina. In doing this,
new regulations are proposed that shifted towards design standards being the focus in fitting
these into the community. Note: a method to allow deviations from the standards was added in
order to address any significant gaps that may be caused by a strict application of the
standards. This helps ensure the regulations comply with federal law.
Height is revised based on discussions with PSE regarding safety separation requirements.
Poles for distribution lines tend to be 40 to 60 feet tall and PSE safety requirements prefer a 7-
foot separation between the primary electrical line and the bottom of an antenna.
The following site requirements shall apply to wireless communication facilities that are located
pursuant to MMC 17.90.Q50(D).
A. Antennas shall be mounted to an existing utility support structure, except as provided in
MMC 17.90.080(E).
B. The maximum height of the wireless communication facility shall not exceed the height of
the existing utility support structure, except up to 15 additional feet of height may be
permitted above the existing utility support structure, without a variance, provided that:
1. Either the increase in height is established by the applicant as the minimum necessary
to eliminate a significant gap in service coverage, or the increase in height is established
by the applicant as the minimum necessary to separate components of the wireless
communication facility from the electrical prima ry lines; and
2. Negative visual impacts on adjacent properties are minimized by incorporating
concealment and screening; and
3. The measurement for maximum height of the existing utility support structure shall not
include replacements pursuant to MMC 17.90.080(D).
4. The City may at its discretion require an engineering and technical review as part of a
process for approval of the height increase. The selection of the third party shall be at
the discretion of the City with the cost of the technical review borne by the applicant.
The expert review shall address the following:
a. The accuracy and completeness of the submission:
b. The applicability of analysis techniques and methodologies;
c. The validity of conclusions reached: and
d. Any specific engineering or technical issues designated by the City.
C. The placement of wireless communication facilities on utility support structures in the City
rights -of -way shall be subject to the following requirements:
1. No minimum setback distance from property lines is required;
2. The applicant must demonstrate the selected location, support structure, and wireless
communication facilities will have the least intrusive impact on the high -quality residential
setting of the community as described in the Medina Comprehensive Plan after
considering technical, engineering, and other pertinent factors.
3. Utility support structures containing wireless communication facilities owned and/ or
operated by the same entity, or by entities having common ownership or control, shall be
separated by a distance of at least 750 feet, or by a distance where no additional
wireless communication facilities are visible within the view -shed of the subject pole,
whichever distance is less.
a. Distance shall be measured in a straight line between the bases of the subject poles.
b. This subsection shall not be construed as granting an exclusive right to any person
or entity that would exclude competitors from locating wireless communication
on
Draft and Staff Analysis
ITEM OB-5
facilities in the City rights -of -way. The minimum distance required for separation
shall not be applied between wireless communication facilities that are functionally
separate and owned and/ or operated by different entities having no common
ownership or control.
STAFF COMMENT: The approach here is to disburse facilities and focus on minimizing bulk
while accounting for current design needs.
4. Antennas shall meet the following requirements:
a. Antennas mounted on top of a utility support structure shall not extend outside of the
circumference of the pole as measured at the base, except:
i_ Antenna placed inside of a shroud may extend outside the circumference of the
pole provided the diameter of the shroud does not exceed 1.25 multiplied by the
diameter of the pole as measured at the base; or
ii. Omni -directional antennas not exceeding 4 inches in width with a volume of 905
cubic inches or less each may be mounted on a single cross arm attached to the
pole provided each antenna is separated from the nearest antenna by a
horizontal airspace distance of at least 3 times the width of the larger antenna.
b. Antennas mounted to the side of a utility support structure shall:
i_ Not have the furthest point of any antenna (including mounting brackets) extend
more than one -foot outside of the circumference of the pole measured at the
point of attachment, except:
ii. Omni -directional antennas may be mounted on a cross arm subject to the
limitations set forth in MMC 17.90.080(C)(4)(a)(ii).
c. More than one antenna may be mounted to a utility support structure.
d. Concealment is incorporated pursuant to MMC 17.90.100.
5. Conduit required for power and cabling attached to the outside of a utility support
structure shall be limited to 4 inches in diameter per conduit and the total combine
diameter of conduit for all wireless communication users at any individual location shall
not exceed 16 inches.
6. The hearing examiner may approve deviations from the standards in MMC 17.90.080(B),
17.90.080(C)(3),(4) and (5). and MMC 17.90.080(E) through a special use permit
provided the applicant can demonstrate the deviation will satisfy the following criteria:
a. There exists an actual (not theoretical) significant gap in service coverage;
b. The proposed deviation will be designed and located to remove the significant gap in
service coverage in a manner that is, in consideration of the values, objectives, and
regulations set forth in this chapter, including MMC 17.90.080(C)(2), the zoning
code, and the comprehensive plan, the least intrusive upon the surrounding area;
c. The granting of the deviation will not be detrimental to the public welfare:
d. The proposed least intrusive deviation is the minimum deviation necessary to resolve
the significant gap in service coverage;
e. No other less intrusive and feasible, alternative technologies, existing support
structures, or alternative sites are available that will allow the applicant to resolve the
significantgap in service coverage without a deviation from the standard.
7. Ancillary facilities may be located on- or off -site and shall be placed within the interior of
an existing nonresidential building or an equipment housing structure. This provision
shall not apply to conduit for power and/ or data.
8. Concealment consistent with MMC 17.90.100 must be incorporated to minimize visual
impacts and provide appropriate screening.
9. The purpose statements set forth in MMC 12.32.010 for structures in the unimproved
portions of the public's right-of-way are applied as applicable.
Draft and Staff Analysis
ITEM OB-5
D. An existing utility support structure shall include poles that are removed and replaced with a
new pole provided:
1. The replacement is consistent with standard utility pole replacement practices for
maintenance or emergencies;
2. The replacement is for the purpose of accommodating additional wireless
communication facilities provided the width of the replacement is not more than 150
percent of the existing pole; or
3. The replacement is for the purpose of accommodating street improvements required by
the City; and
4. Except for MMC 17.90.080(D)(3), the replacement pole shall not be moved more than 10
feet from the location of the existing pole (measured from the center point of the pole).
E. When an existing utility support structure is unavailable due to utilities being located
underground, an alternative support structure may be approved by a special use permit
provided that:
1. Placement is consistent with the provisions set forth in MMC 17.90.080(C);
2. The height of the wireless communication facility does not exceed the height set forth in
MMC 17.80.090(B), except within the Neighborhood Character Preservation District
(chapter 17.21 MMC) the maximum height shall be the lower of:
a. Thirty-five feet above the existing grade: or
b. The elevation at the highest point of the roof of the nearest single-family dwelling
located on the higher elevation side of the support structure.
3. The wireless communication facility is designed in accordance with the following:
a. The antenna and ancillary facilities shall be incorporated into the interior of the
support structure or concealed so as not to be visible from any City street or
surrounding neighborhood properties:
b. In addition to MMC 17.90.080(E)(4) concealment shall take the form of disguising
the support structure so it appears to be a decorative or attractive architectural or
natural feature, such as a decorative street light artwork tree bush or similar
feature approved by the City.
STAFF COMMENT: Revised to utilize the zoning to establish the appearance of the facility.
Added height restrictions within the Medina Heights area when utilities are underground.
4. Concealment consistent with MMC 17.90.100 is incorporated to minimize visual impacts
and provide appropriate screening.
17.90.090 Security barrier.
If a security barrier is installed that includes a fence, wall or similar freestanding structure, the
following shall apply:
A. The height of the structure shall not exceed 6 feet measured from the point of existing or
finished grade, whichever is lower at the exterior side of the structure to the highest point of
the structure.
B. A sight -obscuring vegetated landscaped barrier shall be installed and maintained to screen
the structure and facilities from adjoining properties and City rights -of -way.
1. Placement of landscape vegetation shall include areas outside of the barrier and shall
obscure the site within 12 months.
2. Landscaping and the design of the barrier shall be compatible with other nearby
landscaping, fencing and freestanding walls.
C. If a chain -linked fence is used, it shall be painted or coated with a non -reflective color.
Draft and Staff Analysis ITEM 013-5
D. The limitations set forth for walls and fences in MMC 17.76.030 shall apply. The limitation
for a chain -link fence shall not apply if the wireless communication facility is located in the
City rights -of -way.
17.90.100 Concealment.
STAFF COMMENT: This section was revised to call -out more specific requirements for
concealment. The provisions for undergrounding were moved here to reflect that
undergrounding is another form of concealment.
All wireless communication facilities must incorporate concealment techniques consistent with
this section that screen, hide, or disguise facilities in a manner that makes them visually
inconspicuous to the extent technically feasible to surrounding properties and City streets
A. For building mounted installations the following concealment techniques must be applied:
1. Screening materials matching color, size, proportion style and quality with the exterior
design and architectural character of the structure and the surrounding visual
environment:
2. Antennas must be mounted inside of the building or behind screening whenever
possible;
3. Ancillary facilities, except conduits for power and/ or data must be concealed by locating
the equipment inside an existing nonresidential building or in an equipment housing
structure, meeting the requirements set forth in MMC 17.90.100(D)•
4. Other techniques that prevent the facility from visually dominating the surrounding area
B. For support structure mounted installations, such as a lattice tower, monopole and similar
freestanding structures, the following concealment techniques must be applied:
1. All components associated with the wireless communication facility mounted on the
exterior side of the structure shall be painted to match the predominant color of the
support structure;
2. The support structure shall be painted in a non -reflective color that matches the
predominate visual background and/ or adjacent architecture so as to visually blend in
with the surrounding development;
3. In certain conditions, such as locations that are readily visible from a large number of
residential properties or public spaces, the City may require additional concealment such
as disguising the support structure to appear as an attractive architectural or natural
feature:
4. Ancillary facilities, except for conduits for power and/ or data, must be concealed by
locating the equipment inside an existing nonresidential building, or in an equipment
housing structure, meeting the requirements set forth in MMC 17.90.100(D)•
5. Other techniques that prevent the facility from visually dominating the surrounding area.
C. For utility support structure installations the following concealment techniques must be
applied:
1. All components associated with the wireless communication facility mounted on the
exterior of the pole shall be painted to match the predominant color of the pole or utility
attachments to the pole;
2. Except antennas mounted on top of the pole may be painted to match the pole or may
be painted to blend into the background:
3. Ancillary facilities, except conduits for power and/ or voice, video or data lines must be
concealed by locating the equipment inside an existing nonresidential building or in an
equipment housing structure, meeting the requirements set forth in MMC 17.90.100(D)•
and
4. Other techniques that prevent the facility from visually dominating the surrounding area.
Draft and Staff Analysis
ITEM OB-5
D. Equipment housing structures shall employ the following concealment techniques:
1. Except as provided for in MMC 17.90.100(D)(2), equipment housing structures shall be
placed underground and subject to the following:
a. Up to 5 inches may be located above the finished or original grade, whichever is
lower;
b. All visible portions of the structure shall be screened from the view of neighboring
properties and public places by dense vegetation approved by the City; and
c. The location of the facility must not interfere with existing uses of public land
2. Up to two small equipment housing structures containing ancillary facilities may be
mounted to the outside of a support structure provided that:
a. It is not technically or economically feasible to locate ancillary facilities within the
interior of the support structure;
b. Each equipment housing structure shall not exceed 4.5 cubic feet in volume, nor
protrude more than one foot from the tangent where the equipment housing structure
attaches to the support structure; and
c. A minimum clearance of 10 feet is maintained between the bottom of the equipment
housing structure and the ground or sidewalk below.
17.90.110 Co -location.
A. An applicant shall, to the extent commercially reasonable, cooperate with owners of existing
wireless communication facilities in co -locating additional antennas on support structures.
B. Applicants shall demonstrate that they have made a good -faith effort to co -locate with other
support structures currently used for wireless communication facilities, and that no co -
location opportunities that meet the requirements of this code are available.
C. An applicant shall be considered to have demonstrated a good -faith effort when they can
demonstrate that:
1. No existing or approved (but not built) support structures are available within the service
area meeting the applicant's engineering requirements;
2. No existing support structures are available which provide or may be practically modified
to provide sufficient height to meet the applicant's engineering requirements;
3. No existing support structures are available which provide or may be practically modified
to provide sufficient structural strength to support the applicant's proposed antenna and
related equipment;
4. The applicant's proposed antenna would cause electromagnetic interference with
existing antennas on the support structure, or the existing antennas would cause
electromagnetic interference with the applicant's antenna if it is located on the support
structure when properly maintained and operated according to applicable law and
manufacturer's guidelines.
5. Other limiting factors are present that render existing support structures unsuitable.
D. In the event a dispute arises as to whether an applicant has exercised good -faith in
determining co -location opportunities, the City may at its discretion require an engineering
and technical review, at the applicant's sole cost and expense, as part of a process for
approval of the height increase pursuant to MMC 17.90.080(B)(4).
E. Failure to comply with the co -location requirements of this section may result in the denial of
an application or revocation of an existing permit.
F. The City may require new support structures to be constructed so as to accommodate future
co -location, based on expected demand for support structures in the service area, provided
this requirement would not cause the application to be rejected by the City.
10
Draft and Staff Analysis
ITEM OB-5
17-90.120 Special use permit required.
STAFF COMMENT: Revisions here focused on identifying when a special use permit would not
be required.
A non -administrative special use permit is required for all wireless communication facilities.
A. An approved special use permit shall become null, void and nonrenewable if the wireless
communication facility is not constructed within one year of the date the decision on the
special use permit becomes final.
B. The City manager or designee may grant a 6-month extension, if construction has
commenced before expiration of the one year deadline and an extension fee is paid
prescribed by the City's fee schedule.
C. The applicant shall maintain the facility to the standards that may be imposed by the special
use permit.
D. In addition to the special use permit, construction permits and construction mitigation may
also apply.
E. The requirement for a special use permit shall not apply to routine maintenance repair and
replacement of wireless communication facilities provided that:
1. A special use permit has previously been approved for the wireless communication
facility;
2. The repair and maintenance work excludes changes in height or dimensions of
antennas, towers, or buildings; and
3. Changes of antennas have the same area or less than those removed and the
replacement antennas are compliant with the requirements of the special use permit and
this code, including by way of example and not limitation, requirements for concealment
G. The placement of additional electronic equipment within an approved equipment housing
structure shall not require a special use permit provided there is no expansion of the
equipment housing structure.
K If a special use permit is for the transfer of ownership or lease and involves no physical
changes to the appearance of the wireless communication facility, and the transfer will not
modify the conditions of approval prescribed by the special use permit the City manager or
designee may approve the special use permit as a ministerial decision without the
requirement of new noticing.
17.90.130 Application submittal requirements.
I STAFF COMMENT: Revisions here are intended to call -out more specifics for submittal.
In addition to the submittal requirements set forth in MMC 17.56.020, all applications for
wireless communication facilities shall include at least one original and four copies, unless
specified otherwise, of the following information.
A. Copy of the FCC license and any other applicable licenses applicable to the intended use of
the wireless communication facilities.
B. A complete description of the proposed facility, including preliminary or conceptual drawings
showing dimensions and other relevant information in which to evaluate the facility's
compliance with this chapter. All plans shall include the maximum build -out of the proposed
facility.
C. Maps showing the coverage area of the proposed facility and explanation of the need for
that facility. This includes documentation demonstrating a need for the facility pursuant to
MMC 17.90.140.
11
Draft and Staff Analysis
ITEM OB-5
D. Area map showing the service area and the location of all sites currently operated by the
applicant and the carrier provider within a 5-mile radius of the proposed site. Information on
each site's targeted area and capability of providing service shall be included.
E. An evaluation of the view -shed including, but not limited to:
1. A diagram or map showing the view -shed from a site plan perspective;
2. Photo simulations of the view -shed that depict the existing and proposed view of the
Proposed facility;
3. A graphic simulation showing the appearance of the proposed support structure and
equipment housing structure from five points within the impacted vicinity. Such points
are to be mutually agreed upon by the City manager or designee and the applicant.
G. A site and landscaping plan showing:
1. The location of all existing and proposed wireless communication facilities on the site;
2. Existing structures, trees and other significant site features;
3. Information on the proposed vegetative planting; and
4. Information on the proposed concealment that will be employed.
H. Documentation demonstrating compliance with non -ionizing electromagnetic radiation
(NIER) emissions standards adopted by the Federal Communication Commission.
I. Documentation showing that the proposed facility will not cause interference with other
wireless communication facilities and telecommunication devices.
J. Signed statements indicating the following:
1. The applicant agrees to allow for the potential co -location of additional wireless
communication facilities by other providers on the applicant's structure or within the
same site location:
a. Provided all safety and structural requirements are met; and
b. Any future owners or operators will allow co -location.
c. If the applicant does not own the support facility, a consent agreement by the owner
is required granting access to other users for the same structure or facility.
2. The applicant agrees to remove the wireless communication facility within 90 days after
that site's use is discontinued
K. A lease agreement with the landholder, or franchise agreement if in a right-of-way, that:
1. Allows the landholder to enter into leases with other providers; and
2. Specifies that if the applicant fails to remove the facility upon 90 days of its discontinued
use, the responsibility for removal falls upon the landholder.
L. Application permit fee set forth in the fee schedule.
1. If more than one installation is sought to be approved under a single permit, a full permit
fee shall be paid for each installation.
2. The City manager or designee may reduce the fee in MMC 17.90.130(L)(1) if the City
manager or designee finds that each separate facility is insignificant in terms of aesthetic
impact upon the surrounding neighborhood. Such reduction may only be made after the
public hearing on the special use permit.
12
Draft and Staff Analysis ITEM 013-5
17.90.140 Requirement to demonstrate need for facility.
STAFF COMMENT: Revisions here are intended to make sure an applicant is truly intending to
provide wireless communication services and not speculating. Also, added the ability to
consider capacity in the needs analysis.
A. In demonstrating need, the applicant must demonstrate that the wireless communications
facilities to be installed are personal wireless service facilities An applicant installing a
wireless communication facility to receive and transmit the wireless telephone and data
communications signals of subscribers to its personal wireless service carrier customer must
demonstrate that the applicant has a binding agreement with one or more such carriers to
provide such services to customer carrier wireless communication facilities existing within
the City or to a wireless communication facility or facilities already permitted to be
constructed within the City.
B. All proposals for new wireless communication facilities shall demonstrate a need and
include satisfactory evidence that the facility is designed for and will provide services
primarily for residents of the City of Medina and/ or visitors within the City's jurisdiction.
C. Wireless communication facilities may be designed to serve people outside of the City limits
provided that satisfactory evidence is provided that the facility is needed to complete a
regional network
D. To demonstrate need, the following information must be documented:
1. The need for the applicant to complete a network of local or regional services;
2. The ability of the applicant to provide services to Medina residences using other
facilities, either existing or planned, inside and outside the City limits of Medina;
3. The inability of the applicant to fulfill the need for the facility with sites available in other
jurisdictions.
E. Documentation shall include propagation studies and maps that support the need for the
wireless communication facilities. If need includes capacity issues, documentation must
include usage and forecasted or present blockage, call volume, drive -test data results
including date of test, location of tests, signal strength results, and any other technically
pertinent information that supports a need for the wireless communication facilities.
17.90.150 Radio frequency standards.
A. The wireless communication facility shall comply with federal standards for radio frequency
emissions. As a condition of approving a special use permit, the City may require
monitoring reports showing compliance. If after review of a report the City finds that the
facility does not meet federal standards, the City may revoke or modify the conditions of the
special use permit.
B. The applicant shall be responsible to ensure that the wireless communication facility does
not interfere with the reception of area television or radio broadcasts. If evidence is found
that the wireless communication facility is interfering with such reception, upon receiving
written notice from the City, the applicant shall have 60 days to correct the problem, or the
City may revoke or modify the special use permit.
C. Revocation or modification of a special use permit shall require a hearing before the hearing
examiner.
17.90.160 Assignment of subleasing.
A. A special use permit for a wireless communication facility may not be transferred or
assigned to another owner or lessee unless until the assignee obtains a special use permit
for the wireless communication facility.
13
Draft and Staff Analysis ITEM OB-5
B. No sublease shall be entered into by a provider until the sub -lessee has obtained a special
use permit for its facility.
C. An assignee or sub -lessee seeking a permit shall submit all data required for an original
permit.
17.90.170 Maintenance required.
The applicant shall maintain the wireless communication facility consistent with the provisions of
this chapter and any conditions imposed by the special use permit. Such maintenance shall
include, but is not limited to, maintenance of the paint, structural integrity and landscaping. If
the applicant fails to maintain the facility, the City may undertake the maintenance at the
expense of the applicant or may terminate the special use permit for noncompliance with the
Medina Municipal Code.
17.90.180 Abandoned facilities.
A wireless communication facility that is unused for more than 90 consecutive days is hereby
declared abandoned. Abandoned facilities shall be removed no later than 90 days from the
date of abandonment. Failure to remove an abandoned facility is declared a public nuisance
and is subject to abatement actions and penalties set forth in chapters 1.15 and 8.04 MMC.
14
ITEM OB 6
MEDINA CITY COUNCIL MEETING AGENDA BILL
SUBJECT/TITLE: BIDS FOR CITY HALL EXPANSION AND RENOVATION PROJECT
CATEGORY:
LJ Consent U Ordinance ❑ Public Hearing
x City Council Business ❑ Resolution
❑ Other -Discussion
STAFF REPORT BY: Joe Willis Sr
BACKGROUND/SUMMARY:
The City Council authorized the call for bids for the City Hall and Police Station Expansion and
Renovation project on May 10th. The call for bids was advertised on June 2"d and 9th. A pre -bid
conference was held on June 101h and a single addendum was issued on June 23`d that included the
technology specifications and plans.
Bids were opened on June 301h. Eight bids were received. A copy of the Tabulation of Bids is attached.
The tabulation includes four alternates and a technology base bid that are optional and may be
included in an award at the Councils' discretion.
The apparent low bid was submitted by Synergy Construction with a Base Bid amount of $1,636,044
plus tax. The bids for Alternates were as follows: Alternate 1 Foundation Drainage was $ 2,800;
Alternate 2 Glass Bi-Fold Panel for Permit Counter was $ 1,000; Alternate 3 Computer Rooms Pre -
Action Sprinkler System was $ 14,987; Alternate 4 Added Computer Rooms Clean Agent Fire
Protection System was $ 24,700; and Technology Base Bid was $ 156,424. The Total Bid with all of the
Alternates and Tax was $ 2,008,884.82.
The bid spread for the project base bid (without alternates) was 10%, if you exclude the highest two
bids that were over $ 2M. The spread alternates 1 through 4 was over 70% between the high and low
bids, and the spread for the Technology Base Bid was 70% which may be indicative of bidder confusion
of what the work includes or a higher bid based upon the level of risk they are to assume to complete
that work.
The bids were discussed by the Council Facilities Committee, City Manager, City Attorney and the
Public Works Director on July 6th. There are three recommendations to Council as a result of this
meeting.
1. Reject all of the bids and re -advertise and re -bid the project.
2. Direct staff to review the Architect's evaluation of the low bidder's schedule of values to identify
if there are areas of unnecessary high costs, followed by further value engineering of the project
design to determine if cost savings can be achieved prior to the new call for bids.
3. Consider all possible funding options that might be available to the city to fund the gap between
the value engineered bid results and the current budget.
The budgeted $1.5M cost estimate for the city hall project was established simply by doubling the
$750,000 estimate for the 2007 minor remodel. The estimate and design reviewed by Council in March
2010 was estimated to be $300,000 over budget, but it was decided at that time to wait and see what
the actual bids were before considering other funding options. Now that the first bids have been
received we have a more accurate estimate of the potential gap that will likely need to be funded.
Today the estimate, based on the low bid, is:
ITEM OB 6
Base City Hall Bid = $ 1,638,044
Technology Bid = $ 156,424
Tax = $ 166,885
Total Bid $ 1,961,353
Temporary City Hall Site Lease = $ 42,000
Modular Office Trailer Leases = $ 40,000
Moving Costs = $ 14,500
City Hall Furnishings = 70,000
Total = $ 166,500
Total Overall Project Cost = $ 2,127,853 to $ 2,139,853
2010 Budget Remaining Unobligated Amount = $ 1,450,000 (over budget by $ 677,853)
This gap should be reduced as the result of 1) value engineering, 2) tighten and clarify bid
package, 3) possibly advertise technology separately. We will not know the exact amount of the
gap until the value engineering is complete and bids are received. However, it is fairly obvious
there will be a gap and Council should have a plan in place for how that gap will be funded prior
to awarding a contract.
The recommended steps and schedule are:
➢ Council reject all bids on July 12th
➢ Architects conduct value engineering
➢ Council consider financing options on August 9th
➢ Architects complete project design revisions based on value engineering
➢ Readvertise for Bids once funding option is determined by Council
➢ Council award the contract based on approved funding
➢ Construction completed in 2011
ATTACHMENTS: BID TABULATION
BUDGET/FISCAL IMPACT: To be Determined
STAFF RECOMMENDATION: Reject all Bids and Authorize further value engineering and new
Call for ids
CITY MANAGER REVIEW:
PROPOSED COUNCIL MOTION: "I move to reject all bids and authorize value engineering and a
call for new bids for the City Hall Expansion and Renovation
Project."
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ITEM OB-7
MEDINA CITY COUNCIL MEETING AGENDA BILL
SUBJECT/TITLE: Temporary City Hall Facilities
CATEGORY:
Li consent LJ Ordinance ❑ Public Hearing
X City Council Business ❑ Resolution
❑ Other -Discussion
STAFF REPORT BY: Joe Willis Sr
BACKGROUND/SUMMARY:
At the March 22Id Council Study Session, Council requested that staff vet the option of placing two
modular offices trailers on the St Thomas Church property and then transfer their use to the Church
after City staff move back to City Hall under a potentially mutual benefit arrangement. Meetings and
correspondence between Church officials, representatives, and the Public Works Director were
reported to the Council on April 12th and discussed, after which Council authorized the City Manager to
negotiate a lease agreement with St Thomas Church and to sign the agreement provided the total
lease agreement costs did not exceed $ 20,400.
Since April 12th, the City Manager and Public Works Director have met with St Thomas Church
Officials and representatives and worked out a substantially agreed upon lease. The terms of the lease
are as follows:
• The location for two 24' x 60' mobile office trailers is the southeast corner of the Church parking
lot where the current Metro Park & Ride parking exists parallel to 84th Ave NE. The placement of
the offices will be such that double lanes for traffic along the east side of the Church sanctuary
will be maintained.
The lease of the mobile offices, their setup and temporary utility connections will be the
responsibility of the City. The Church currently desires to assume responsibility for the portable
offices at the time the City vacates them (upon completion of the City Hall renovation) to be
used by them during the replacement of their Parish Hall. Should the Church elect not to use the
trailers, the City will pay for their removal and restore the site to the condition that existed prior
to the lease.
• The term of the lease is for a period of up to 18 months with a 60 day prior notice on the
intended date they will be vacated.
• The City will create 14 new parking spaces on the site in front of the present Parish Hall that will
remain following City vacation of the mobile offices.
• Upon final removal of the mobile offices, the City will remove 17 existing poplar trees along the
84th Ave NE frontage and replant 8 Bowhall maple trees (the Church will reimburse the City for
50% of the cost for the removal of the poplar trees).
Since the prior approved Council motion of April 12, 2010 limits the cost of the lease to $ 20,400, a new
motion is required.
Attachments: Site Plan
Draft Lease Agreement
BUDGET/FISCAL IMPACT: Estimated $ 42,000 for site preparation and tree removal.
STAFF RECOMMENDATION: Approyal
ITY MANAGER REVIEW:
"I Mode to authorize the City Manager to finalize and sign a lease
PROPOSED COUNCIL MOTION: agreement with St Thomas Church."
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Dear Donna and Joe,
Attached please find the most recent version of the proposed lease approved by our attorney and our
Lease Team. All it lacks is a revised Site Plan. Mark Nelson has been kind enough to revise Joe's
original rendering so that it reflects what is written in the proposed lease. Mark also suggested an
alternate location for the two trailers. He thinks the new location has a number of advantages,
including better traffic flow. Mark has one slight technical correction to make to his drawing, which
would be part of the lease as attachment B. The revision he is making is nothing which should diminish
support for the lease at the Lease Team level. Our attorney has simply asked that the outline of the
trailers in the site plan include space for stairs, ramps, etc.
The Lease Team and I have enjoyed working with both of you in this process. We also appreciate
Mark's willingness to clarify issues for the school, the city, and the parish. My sense is that he has
done an excellent job of leading us all toward and elegant solution on this issue.
Once I get an indication from one of you that the proposed lease can meet your objectives I will
distribute it to our Building Committee for approval. Once they approve it I will forward it to our
Property and Finance Committees which next meets on the 12th of July. Once they approve it I will
pass it along to the Vestry which next meets on the 20th of July.
Thanks,
Bob Simeone
simeone54a.comcast.net
206 322 5027
file://P:\2010 Agenda Packets\07122010\40b.OB-7, ATT181690.htm 7/7/2010
ITEM OB-7
LEASE AND PARKING STALL LICENSE AGREEMENT
1. PARTIES. This Lease and Parking Stall License Agreement (the "Lease"),
dated (for reference purposes only) , 2010, is made by and
THE RECTOR, THE CHURCH WARDENS AND VESTRYMEN OF SAINT
THOMAS' PARISH IN THE CITY OF MEDINA, KING COUNTY, a
Washington nonprofit corporation (the "Landlord") and the CITY OF MEDINA,
a Washington municipal corporation (the "Tenant").
2. PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases
from Landlord a portion of the property legally described in Exhibit A. The
location of the premises that is subject to this Lease is depicted on the
drawing attached as Exhibit B (the "Premises"). The Premises are situated
generally along the eastern edge of the Landlord's property parallel to 84th
Avenue N.E.
3. PARKING STALL LICENSE. Landlord hereby grants to Tenant a license to
use nineteen (19) parking stalls located on the Landlord's property as
described herein (collectively the "Licensed Parking Stalls") during the term of
this Lease as follows:
a. Six (6) parking stalls adjacent to and located just north of the Office
Trailers (as that term is defined herein) for use by the Tenant for Tenant
police vehicles, as depicted on Exhibit B attached hereto. This license
shall be for the exclusive use of Tenant 24 hours per day and seven
days a week.
b. Six (6) parking stalls adjacent to and located just south of the Office
Trailers (as that term is defined herein) for use by Tenant's employees,
as depicted on Exhibit B attached hereto. This license shall be for the
exclusive use of Tenant during the hours of 7:00 AM and 5:00 PM,
Monday through Friday.
c. Three (3) parking stalls adjacent to ingress located in the southeast
corner of Landlord's property for use by invitees of Tenant, as depicted
on Exhibit B attached hereto. This license shall be for the exclusive use
of Tenant during the hours of 8:00 AM and 5:00 PM, Monday through
Friday.
d. Four (4) parking spaces adjacent to the parking stalls described in
Section 3(b) above, located in the southeast corner of Landlord's
property for use by Tenant's employees, as depicted on Exhibit B
attached hereto. This license shall be for the exclusive use of Tenant
during the hours of 7:00 AM and 5:00 PM, Monday through Friday.
Tenant will not be permitted to use any of the Licensed Parking Stalls until
Landlord has approved the content and location of all signage to indicate
ITEM OB-7
the Licensed Parking Stalls are to be used by employees and invitees of
Tenant. Tenant will promptly cause all signage to be removed upon
termination of this Lease.
Tenant shall have no license or authorization to use any other parking stalls
on Landlord's Property, nor shall Tenant be authorized to use the Licensed
Parking Stalls outside of the hours set forth above.
4. TERM.
The term of this Lease is for a period of 18 months commencing
(herein, the "Commencement Date") and ending
(the "Initial Term").
5. TENANT IMPROVEMENTS AND POSSESSION.
a. Tenant shall install two 24' x 60' leased mobile office trailers with ADA
accessible ramps (the "Office Trailers") and all necessary utility
connections on the Premises. This usage is permitted under Medina
City Ordinance # 17.5613 to benefit Tenant and Landlord. Subject to
receipt of applicable permits, Landlord may increase the size of any
utility connection serving the Premises, provided that Landlord pays the
incremental cost of such capacity upgrade.
b. Tenant shall pay all costs of installation and set up of the Office Trailers.
Landlord intends to occupy the Office Trailers after the Tenant vacates
the Office Trailers by entering into a new lease with the company
supplying the Office Trailers. Should the Landlord decide not to lease
and occupy the Office Trailers following the Tenant's use, the Tenant
shall pay all costs of removal of the Office Trailers.
c. Subject to obtaining a City of Medina permit to be requested by the
Landlord and Tenant, Tenant shall construct at its sole cost and
expense approximately fourteen (14) new parking spaces as shown on
Exhibit B on the Landlord's property (the "New Parking Stalls"), along
with related improvements such as curbs and striping. The New
Parking Stalls shall be constructed of a pervious surface. Tenant and
Landlord will cooperate in the design and permitting of the New Parking
Stalls. Title to the New Parking Stalls shall be vested in the Landlord at
the time of completion of the improvements.
d. Subject to obtaining a City of Medina permit to be requested by the
Landlord and Tenant, Tenant shall install at its sole cost and expense
asphalt on the eastern edge of Landlord's property to run 57 feet to the
east and parallel to the sidewalk and to be constructed of a pervious
surface (the "New Asphalt"). In connection with the installation of the
New Asphalt, Tenant shall install at its sole cost and expense all
necessary curbs and parking stall striping. Tenant and Landlord will
2
ITEM OB-7
cooperate in the design and permitting, if required, of the New Asphalt.
Title to the New Asphalt and related improvements shall be vested in
the Landlord at the time of completion of the improvements.
e. Subject to obtaining a City of Medina permit to be requested by the
Landlord and Tenant, Tenant shall install at its sole cost and expense a
new driveway to and from NE 84th Street for ingress and egress (the
"84th Street Driveway"). The 84th Street Drivewa� shall be at least 33'
wide. Furthermore, Tenant shall improve NE 84 Street to provide a
temporary refuge for cars exiting from the 84th Street Driveway heading
northbound on NE 84th Street. Tenant and Landlord will cooperate in
the design and permitting of the 84th Street Driveway. Title to the 84th
Street Driveway shall be vested in the Landlord at the time of
completion of the improvements.
Tenant shall at its sole cost and expense install signage and striping
related to the Parking Stall License and its use of the Premises (the
"Temporary Improvements"), including but not limited to the striping of
the restricted, dedicated access lane that is located on the eastern edge
of Landlord's property. Tenant and Landlord will cooperate in the
design and permitting of these Temporary Improvements. Upon the
expiration of this Lease, unless the parties agree otherwise in writing,
Tenant will remove all Temporary Improvements and restore the
affected portions of the Premises and Landlord's property to the
condition that existed prior to this Lease.
g. Subject to obtaining a City of Medina permit to be requested by the
Landlord and Tenant, Landlord and Tenant agree that upon final
removal of the Office Trailers from the Premises, Tenant will remove
seventeen (17) existing poplar trees along the eastern portion of the
property which are believed to be hazardous, and will replant the area
with eight (8) Bowhall maple trees on City of Medina right-of-way.
Landlord agrees to reimburse the Tenant for 50% of the cost for the
removal of the existing poplar trees upon their removal by the Tenant.
h. Tenant has accepted the Premises "as -is" in its current condition.
6. RENT.
Tenant agrees to pay all of all costs associated with the preparation and use
of the Premises for the Office Trailers and construction of the New Parking
Stalls, New Asphalt, 84th Street Driveway and Temporary Improvements.
Tenant's completion of construction of the New Parking Stalls, New Asphalt,
84th Street Driveway, and improvements to the Premises to accommodate the
Office Trailers is a condition precedent to Tenant's occupancy of the
Premises pursuant to the Lease.
ITEM OB-7
Tenant acknowledges that Landlord is entering into this Lease in reliance on
Medina City Ordinance # 17.56B, which permits the Landlord to occupy the
Office Trailers for an 18 month period following the use of the Office Trailers
by Tenant. Landlord has expended considerable funds and resources in
reliance on Landlord's planned future use of the Office Trailers. Landlord is
foregoing a monthly rent payment under this Lease in reliance on this
planned future use of the Office Trailers. Tenant acknowledges that this
ordinance is material to Landlord's entering into this Lease and agrees that
the ordinance will not be changed or revoked within 60 months.
7. USE OF PREMISES. The Premises shall be used initially for the
governmental operations, including law enforcement, of the City of Medina
("Permitted Use"), and no other use without the written consent of the
Landlord. Landlord intends to occupy the Office Trailers following their use by
the Tenant under a new lease agreement with the trailer supplier. The Tenant
will provide 60 days prior notice to Landlord of the intended date the Tenant
will vacate the Office Trailers.
8. CARE OF THE PREMISES Tenant will permit no waste, damage, or injury to
the Premises. Tenant shall, at Tenant's sole expense, keep the Premises
and Office Trailers, Licensed Parking Stalls, any landscaping on the Premises
and all construction areas located on Landlord's property in a neat, clean and
sanitary condition, free of rodents and pests, in good order, condition, and
repair and in accordance with all applicable laws, rules, ordinances, orders
and regulations of all governmental agencies and entities with jurisdiction.
Tenant will clean up all construction areas at the end of each day and
properly store all construction materials.
9. ALTERATIONS AND ADDITIONS. Except for those expressly contemplated
in this Lease, Tenant shall not make or have made any alterations, additions,
or improvements to any part of the Premises without first obtaining the prior
written approval of Landlord. Tenant shall complete all work contemplated in
this Lease in accordance with the applicable laws and regulations, in a good
workmanlike manner and in accordance with good commercial construction
practices as performed in the Bellevue, Washington area by licensed
commercial contractors at the time such work is performed.
10. LIENS. Tenant shall keep the Premises and the Landlord's property free and
clear from any liens arising out of any work performed, materials furnished, or
obligations incurred by Tenant. If Tenant, in good faith, contests the validity
of any lien, claim or demand, Tenant shall, at its sole expense, defend itself
and Landlord and shall satisfy any adverse judgment before its enforcement
against Landlord or the Premises.
11. ASSIGNMENT AND SUBLETTING. Tenant shall not either voluntarily or by
operation of law, assign, transfer, mortgage, pledge, hypothecate, or
encumber this Lease or any interest therein, and shall not sublet the
11
ITEM OB-7
Premises or any part of the Premises, or any right or privilege appurtenant to
the Premises, or suffer any other person (the employees, agents, servants,
and invitees of Tenant excepted) to occupy or use the Premises, or any
portion of the Premises, without first obtaining the written consent of
Landlord. Consent to one assignment, subletting, occupation, or use by any
other person shall not be deemed to be a consent to any subsequent
assignment, subletting, occupation, or use by another person. Any such
assignment or subletting without such consent shall be void, and shall, at the
option of Landlord, constitute a default under this Lease. Tenant will provide
Landlord any and all lease agreements used to sublet the Premises.
12. HOLD HARMLESS. During the term of this Lease, Tenant agrees to
indemnify and hold harmless Landlord from all claims, actions, causes of
action, judgments, liabilities, expenses, costs and reasonable attorneys' fees
and from all limitations, restraints, penalties or obligations pertaining to
Landlord arising out of any act, omissions, or neglect in connection with (a)
Tenant's (including Tenant's employees, agents, officers, licensees, invitees
or other occupants of the Premises)use or occupancy of the Premises
covered by this Lease, (b) Tenant's (including Tenant's employees, agents,
officers, licensees or invitees) use of the Parking Stall License or (c) Tenant's
(including Tenant's employees, agents, officers, licensees or invitees) work
contemplated by this Lease, except where such is a result of the negligence
or willful misconduct of Landlord, or its agents or employees.
During the term of this Lease, Landlord agrees to indemnify and hold
harmless Tenant from all claims, actions, causes of action, judgments,
liabilities, expenses, costs and reasonable attorneys' fees and from all
limitations, restraints, penalties or obligations pertaining to Tenant arising out
of any act, omissions, or neglect in connection with Landlord's (including
Landlord's employees, agents, officers, licensees, or invitees) ownership of
the Premises covered by this Lease, except where such is a result of the
negligence or willful misconduct of Tenant, or its agents or employees.
The respective indemnity agreements of Landlord and Tenant shall survive
the termination of this Lease as to any act alleged to have occurred during the
term of this Lease, and shall survive until the expiration of the applicable
statute of limitations.
13. SUBROGATION. Landlord and Tenant hereby mutually waive their respective
right of subrogation, that is, they waive this right of recovery against each
other for any loss insured by fire, extended coverage, and other property
insurance policies existing for the benefit of the respective parties. Each party
shall obtain any special endorsements, if required by their insurer, to
evidence compliance with this waiver.
14. LIABILITY INSURANCE.
k
ITEM OB-7
a. Tenant shall, at Tenant's expense, obtain and keeping force during the
Term of this Lease a policy of general public liability insurance, naming
Landlord as an additional insured, insuring Tenant against any liability
arising out of the ownership, use, occupancy, or maintenance of the
Premises and all areas appurtenant thereto, as well as Tenant's work
on Landlord's property. The limits for such insurance shall be not less
than One Million Dollars per occurrence, with an annual aggregate of
Three Million Dollars and together with an umbrella/excess coverage
general liability policy in the amount of Five Million Dollars. Such
insurance policies shall have no deductibles. The limitations of such
insurance shall not, however, limit the liability of Tenant hereunder.
Tenant may carry the insurance under a blanket policy. Tenant shall
deliver to Landlord, prior to occupancy of the Premises, confirmation of
the liability insurance provided for under the terms of this Lease, which
verification shall be reasonably satisfactory to Landlord. No policy shall
be cancelable or subject to reduction of coverage except after thirty (30)
days' prior written notice to Landlord.
b. Self Insure. Notwithstanding anything to the contrary contained herein,
Tenant may utilize a program of self-insurance for all or any portion of
the minimum limits of insurance required to be carried by Tenant
hereunder.
15. SERVICES AND UTILITIES.
a. General Utilities. Tenant shall be responsible for the cost of bringing
utilities to the Premises and shall bear its own utility costs for the term of
this Lease.
b. Trash Collection. Landlord hereby grants Tenant a temporary, non-
exclusive license to locate trash and recycling collection dumpsters
and/or bins on Landlord's property adjacent to the existing trash
collection area in the northwest corner of Landlord's property for the
duration of this Lease. Tenant shall pay all costs of removal of trash
and recycling materials generated by Tenant. Tenant will contract for
the regular (at least weekly) removal of trash and recycling. Tenant
shall maintain Tenant's trash collection area in a neat and clean
manner.
16. TAXES AND ASSESSMENTS. All real estate taxes and assessments upon
the leased Premises and the improvements thereto shall be paid by the
Landlord. All personal property taxes upon any fixtures of the Tenant shall be
paid by the Tenant.
17. HOLDING OVER. Upon the termination or expiration of the Lease term,
should Tenant remain in possession of the Premises with Landlord's written
consent, occupancy shall be on a month -to -month tenancy basis, terminable
r
ITEM OB-7
by either party on 30-days written notice to the other. The rent during such
tenancy shall be $ 1,000 per month payable under this agreement for the last
full calendar month of the Initial Term, plus all other charges payable under
the Lease. Should Tenant remain in possession of the Premises without
Landlord's written consent, occupancy shall be on a month -to -month tenancy
basis, terminable by either party on 30-days written notice to the other. The
rent during such tenancy shall be at $1000.00 per month plus all other
charges payable under the Lease. Except for such rent and term, the month -
to -monthly rental arrangement will be on the same terms as this Lease.
18. DEFAULT. Either party's failure to timely perform any of its obligations under
this Lease shall constitute a default. If the defaulting party does not remedy a
default within 20 days after written notice thereof from the non -defaulting
party, then the non -defaulting party may elect to terminate this Lease.
In the event of Tenant's default hereunder, including Tenant's failure to
complete the work that is a condition precedent to their possession of the
Premises, Landlord may after 20 days written notice, terminate Tenant's right
to possession of the Premises by any lawful means, and this Lease shall
terminate; Landlord may re-enter and take possession of and remove all
persons or property, and the Tenant shall immediately surrender possession
of the Premises to Landlord. Landlord may recover from the Tenant all
damages incurred by the Landlord for the Tenant's default.
19. HAZARDOUS MATERIALS. Tenant shall not cause or permit any Hazardous
Material to be generated, produced, brought upon, used, stored, treated or
disposed of in or about the Premises or Landlord's property by Tenant, its
agents, employees, contractors, or invitees (other than Hazardous Materials
used by Tenant in the ordinary course of Tenant's Permitted Use of the
Premises so long as such is used in compliance with all federal, state or other
applicable laws). As used herein, the term "Hazardous Materials" means any
flammable item, explosives, radioactive materials, hazardous or toxic
substances, material or waste or related materials, including any substances
defined as or included in the definition of "hazardous substances,"
"hazardous waste," "hazardous materials" or "toxic substances" now or
subsequently regulated under any applicable federal, state or local laws or
regulations, including without limitation petroleum -based products, paints,
solvents, lead, cyanide, DDT, printing inks, acids, pesticides, ammonia
compounds and other chemical products, asbestos, PCB's and similar
compounds, and including any different products and material which are
subsequently found to have adverse affects on the environment or the health
and safety of persons. This prohibition of hazardous materials shall not apply
to any materials or devices stored in the Premises for use by Tenant's law
enforcement officers in the course of their official duties.
20. CORPORATE AUTHORITY OF PARTIES. If Tenant and/or Landlord is a
corporation, each individual executing this Lease on behalf of the corporation
III
ITEM OB-7
represents and warrants that that individual is duly authorized to execute and
deliver this Lease on behalf of the corporation, and that this Lease and its
terms are binding on the corporation.
21. GENERAL PROVISIONS
a. Notices. All notices and demands which may or are to be required or
permitted to be given by either party to the other hereunder shall be in
writing. All notices and demands by Landlord or Tenant to the other
party shall be sent by any nationally recognized overnight courier or by
certified or registered United States Mail, postage prepaid, addressed to
Tenant or Landlord at the below addresses, or to such other place
either party may from time to time designate in writing to the other party.
All Notices shall deem to be received on the second business day
following the mailing of the notices.
If to Landlord: If to Tenant:
Saint Thomas Church City of Medina
8398 NE 12th Street PO Box 144
Medina, WA 98039 Medina, WA 98039
Attn: Business Manager Attn: City Manager
b. Headings. The headings and paragraph titles of this Lease are not a
part of this Lease and shall have no effect on the construction or
interpretation of any part hereof.
c. Time. Time is of the essence for each and all of the provisions of this
Lease in which performance is a factor.
d. Successors and Assigns. The covenants and conditions herein
contained, subject to the provisions as to assignment, apply to and bind
the heirs, successors, executors, administrators, and assigns of the
parties hereof.
e. Recordation. Neither Landlord nor Tenant shall record this Lease or a
short form memorandum hereof without the prior written consent of the
other party.
f. Quiet Possession. Tenant shall have quiet possession of the Premises
for the entire term of this Lease, subject to all the provisions of this
Lease, if Tenant pays all rent required by this Lease and observes and
performs all of the covenants, conditions, and provisions on Tenant's
part to be observed and performed.
ITEM OB-7
g. Landlord's Liability. The term "Landlord," as used in this Lease so far as
obligations on the part of Landlord are concerned, shall mean only the
owner or owners of fee title to the Premises at the time in question, and
upon any transfer, the then grantor shall be automatically freed and
relieved after the date of such transfer of all liability for the performance
of any obligations on the part of the landlord contained in this Lease
thereafter to be performed, provided that any funds in the hands of such
landlord or the then grantor at the time of such transfer, in which Tenant
has an interest, shall be turned over to the grantee, then any portion of
that amount which thereafter becomes due and payable to Tenant by
Landlord under any provision of this Lease, shall be the obligation of the
grantor. The Landlord's obligations contained in this Lease shall, subject
to the aforesaid, be binding on Landlord's successors and assigns,
during and in respect of their respective successive periods of
ownership. Notwithstanding the foregoing, the liability of Landlord for the
performance of its duties and obligations under this Lease is limited to
Landlord's interest in the Premises, and neither the Landlord nor any of
its partners, shareholders, officers or other principals shall have any
personal liability under this Lease.
h. Prior Agreements. This Lease contains all of the agreements of the
parties with respect to any matter covered or mentioned in this Lease.
No prior agreements or understanding pertaining to any such matters
shall be effective for any purpose. No provision of this Lease may be
amended or added to except by an agreement in writing signed by the
parties to this Lease or their respective successors in interest. This
Lease shall not be effective or binding on any party until fully executed
by both parties.
i. Attorneys' Fees. Should any dispute arise between the parties under
this Lease, the prevailing party shall be entitled to recover all costs
reasonable actual attorney's fees, including those for appeals.
j. Separability. Any provision of this Lease which shall prove to be invalid,
void, or illegal shall in no way affect, impair, or invalidate any other
provision, and such other provision shall remain in full force and effect.
k. Cumulative Remedies. No remedy or election hereunder shall be
deemed exclusive, but shall, wherever possible, be cumulative with all
other remedies at law or in equity.
I. Choice of Law. This Lease shall be governed by the laws of the State in
which the Premises are located. Venue of any action shall be in King
County, Washington.
m. Arbitration. Except for proceedings to collect rent or unlawful detainer
proceedings, any controversy or claim arising out of this Lease which
E
ITEM OB-7
the parties cannot settle, shall be resolved by arbitration by, and in
accordance with the rules of, the Judicial Arbitration and Mediation
Service (JAMS), using a single arbitrator. For a period of ninety (90)
days following commencement of arbitration, the parties shall have the
right to such discovery as would be permitted by the Federal Rules of
Civil Procedure. The arbitrator shall resolve any dispute in connection
with discovery. The arbitrator may award such injunctive or other
equitable relief as maybe appropriate.
n. Due Date. Any payments or other performance due hereunder, if due on
a Saturday, Sunday, or legal holiday, shall be due on the next regular
business day.
o. Access. Tenant is hereby granted twenty-four (24) hour access to the
Premises.
p. Entire Agreement. It is understood and agreed by the parties hereto
that this Lease represents the entire agreement of the parties with
respect to the subject matter of the Lease and that any additions,
variations or modifications to this Lease shall be void and ineffective
unless in writing signed by the parties hereto and made a part hereof.
The Parties hereto have executed this Lease at the place and on the dates
specified immediately adjacent to their respective signatures.
10
ITEM OB-7
Signature Page for Lease and Parking Stall License Agreement
Landlord:
THE RECTOR, THE CHURCH
WARDENS AND VESTRYMEN OF
SAINT THOMAS' PARISH IN THE
CITY OF MEDINA, KING COUNTY,
By:
Printed Name:
Its:
Date:
Tenant:
CITY OF MEDINA,
in
Donna Hanson
Its: City Manager
Date:
11
ITEM OB-7
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that is the
person who appeared before me and said person acknowledged that he/she signed this
instrument, on oath stated that he/she was authorized to execute the instrument and
acknowledged it as the of The Rector, The Church
Wardens and Vestrymen Of Saint Thomas' Parish In The City Of Medina, King County to
be the free and voluntary act such party for the uses and purposes mentioned in the
instrument.
DATED:
(Print Name)
Residing at
My appointment expires:
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Donna Hanson is the person who
appeared before me and said person acknowledged that she signed this instrument, on
oath stated that she was authorized to execute the instrument and acknowledged it as the
City Manager of City of Medina to be the free and voluntary act such party for the uses
and purposes mentioned in the instrument.
DATED:
(Print Name)
Residing at
My appointment expires:
12
ITEM OB-7
Exhibit A
Legal Description of Landlord's Property
That certain real property situated in the County of King, State of Washington and more
particularly described as follows:
The South 380 feet of the East 730 feet of the Northeast quarter of the Southeast quarter of
Section 25, Township 25 North, Range 4, Willamette Meridian, except the East 30 feet thereof,
and except the South 30 feet thereof, all in the City of Medina, County of King, State of
Washington.
13
ITEM OB-7
Exhibit B
Depiction of Premises
[Attached]
14
ITEM OB-8
MEDINA CITY COUNCIL MEETING AGENDA BILL
SUBJECT/TITLE: Temporary City Hall Modular Office Lease
CATEGORY:
LJ Consent LJ Ordinance L Public Hearing
X City Council Business ❑ Resolution ❑ Other - Discussion
STAFF REPORT BY: Joe Willis Sr
The City Council authorized the City Manager to sign a lease agreement for portable offices provided
the lease costs do not exceed $ 50,000 on April 12, 2010.
The temporary City Hall facilities will consist of two 24' x 60' mobile office double wide trailers, ADA
accessible ramps, hold downs, skirting, delivery and setup. Each unit will have four offices (two at each
end) and a large open area in the center with individual restrooms for male and female use. They are
equipped with heating and air-conditioning units and are wired with computer and telephone outlets.
The lease of the portable offices, their setup and temporary utility connections will be the responsibility
of the City. St Thomas Church currently plans to assume responsibility for the portable offices at the
time the City vacates them (upon completion of the renovated City Hall) to utilize them during the
replacement of their Parish Hall. In the event St Thomas signs their own lease for the portable offices,
removal of the units will be the responsibility of the Church. If not, the City will arrange and pay for their
removal and restoration of the site.
The present lowest quote to furnish the two modular offices is as follows:
• Set up two office trailers $ 24,750.96
• Removal $ 11,252.96
• Monthly lease $ 1,720.80
The bid award for the City Hall renovation project is scheduled for July 12th. The City Hall contractor is
required by the contract documents to not begin construction until after Medina Days (August 16th)
Setup of the temporary offices is tentatively scheduled for August 2"d and the move from City Hall to the
portable offices is scheduled for August 15th, 16th, and 17th
Completion of the City Hall renovation is anticipated to be April of 2011. Total estimated cost for the two
modular offices for nine months, assuming St Thomas elects to use them, will be $ 40,238.16. Should
the Church elect to not use the mobile offices following City vacation of the offices, an additional cost to
the City of $ 11,252.96 will be required for removal of the offices.
BUDGET/FISCAL IMPACT: $ 40,238.16 to $ 51,491.12
STAFF RECOMMENDATION: Approval
CITY MANAGER REVIEW:
"( move to authorize the City Manager to sign a lease agreement
PROPOSED COUNCIL MOTION: with Mobile Mini, Inc. for two modular offices."
Juno _ _ le.
www.mobilemini.com
Branch Location:
21818 76th Drive SE
Woodinville, WA 98072
Phone: 425.486.9895
Fax: 425.489.2717
Salesperson: Gary Jennings
Email: gjennings@mobilemini.com
Quotation
Page 1 of 2
The storage & office solution specialists
Customer:
Deliver To:
Quotation: Rental Mobile Offices
MEDINA CITY HALL
MEDINA CITY HALL
Number: 120015765
501 EVERGEEN POINT ROAD
501 EVERGEEN POINT ROAD
Date: 06-01-2010
MEDINA, WA 98039
MEDINA, WA
Expires: 04-22-2010
1
60' X 24' Modular office
720.00 per period
Y
Personal Property Expense Double Wide
36.00 per period
Y
2
Mobile Office Stairs
0.00 per period
Y
Delivery of (2) halves
701.48 one time
Y
roof -cap, conjoin halves, carpet strip
3430.00 one time
Y
Wheelchair ramp
5867.00 one time
Y
168
skirting - Vinyl
2352.00 one time
Y
PU Mobiles (2) halves
701.48 one time
Y
Teardown of Doublewide, ready for transp
3430.00 one time
Y
Wheel -chair ramp removal
630.00 one time
Y
168
Skirting Removal
840.00 one time
Y
Security Deposit
0.00 one time
N
Fuel Surcharge Delivery Mobile Office
25.00 one time
Y
Fuel Surcharge Pick Up Mobile Offc
25.00 one time
Y
Loss Limitation Waiver
104.40 per period
Y
[Other Fees and Charges CA, CO, AR, MO]
Total Rental Charges
$860.40
Total One Time Charges
$18001.96
Sales Tax
$1791.94
Total Initial Charges
$20654.30
Clarifications: This Quotation is based on the standard terms and conditions of the Mobile Mini Rental or Sale Agreement. Customer is responsible for all
taxes, permits, fees, licenses, utiltiy connections, foundation engineering, and the preparation of a level, compact 2000psf soil bearing capacity and
accessible site. Mobile Mini does not warrant that the equipment meets any local or state code not specifically listed. Customer must insure all Mobile Mini
leased equipment. One period equals four weeks. When scheduling a PICK-UP, we require 10 business days notice. Rental charges apply for the
earlier of 5 days after pick-up request or actual pick-up date.
i/ r 1 • /% /
www.mobilemini.com
Branch Location:
21818 76th Drive SE
Woodinville, WA 98072
Phone: 425.486.9895
Fax: 425.489.2717
Salesperson: Gary Jennings
Email: gjennings@mobilemini.com
Features
• Private Offices
• Entry Locksst and Deadbolt
with Latchgusrd Plate
• Interior Security Bare
• Heating, Ventilation and
Air Conditioning System
• Exterior Phone/Date Access
• Hydraullc Door Closures
• Fluorescent Lighting
• Mini Blinds
• Carpet or Vinyl Flooring
• Restrooms (a" fioorplans)
• Exterior Lights at Doors
• Recessed French Doors
(Designer Series)
• Wood Paneled Walls
(Mobile Office)
• Vinyl Wrap Walla
(Designer Series & Double
Wide)
Quotation
Page 2 of 2
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The Storage & Office Specialistst
1-800-950-6464
www.mobilemini.com
ITEM OB-9
MEDINA CITY COUNCIL
2010 AGENDA/ACTION CALENDAR
All meetings held in the council chambers at 6:30 pm, unless noticed otherwise
Public Hearing Washington State Building Codes Wilcox None.
Action amending chapter 15.04 MMC adopting 2009 Grumbach/
Other Business Washington State Building Codes Wilcox Ordinance Number 852 adopted.
Public Hearing Six Year CIPMP (2011-2016) Willis None.
Amendment Regarding Wireless Discussed and provided direction to
Other Business
Communication Facilities
Grumbach
staff.
Discussed and provided direction to
Other Business
Solid Waste Services, Rates, and Options
Hanson
staff.
Consent Agenda
Set public hearing dates for three land use ordinances
Grumbach
Approved.
Consent Agenda
Planning Commission Appointments, Position 7
Mayor
Approved.
Approval of Interlocal Project Services Agreement
Consent Agenda Between Medina and WSDOT Willis Approved.
memorandum ot Understanding Between the City o
Medina and Public, Professional and Office -Clerical
Employees and Drivers Local Union No. 763 Establishing a
Voluntary Employee's Beneficiary Association Trust
Consent Agenda (VEBA) Hanson Approved.
Acceptance of Proclamation Recognizing Camp Fire USA
Consent Agenda Central Puget Sound Council Mayor Approved.
Resolution Approving Centralized Contracting for A
Consent Agenda Regional Coalition for Housing (ARCH) Hanson Approved Resolution No. 342.
Other Business 2010 Budget Review Hanson
Other Business Streetscapes Policies and Standards Grumbach/Willis
procedures for project permits, text amendments to
Public Hearing, Other development regulations, area -wide zoning map
Business
amendments, and comprehensive plan amendments
Grumbach
Public Hearing, Other A code amendment relating to divisions of land and lot
Business line adjustments
Grumbach
Public Hearing, Other
Business
A code amendment relating to permit fees
Grumbach
Other Business
Adoption of Six -year CIP/TIP
Willis
Other Business
Bid Award: City Hall Renovation Project
Willis
Other Business
Contract Approval: Modular Office Trailers
Willis
Other Business
Lease Agreement Approval: Temporary City Hall Site
Willis
Other Business
Planning Commission Appointments, Position 3
Mayor
Other Business
Surplus Resolution (Public Works Truck)
Willis
Consent Agenda
Lease Negotiations with T-Mobile
Grumbach
Council agenda calendar subject to change.
Action record unofficial until adoption of meeting minutes.
Council agenda packets and minutes can be found at http://medinafileprosite.com.
yy a� ME',b
MEDINA CITY COUNCIL
2010 AGENDA/ACTION CALENDAR
All meetings held in the council chambers at 6.30 pm, unless noticed otherwise
Other Business 2010 Budget Review and 2011 Budget Direction Hanson
Presentation Part 150/Port of Seattle, FAA
Public Hearing 2010 Budget
Continued Discussion Regarding Draft Code Amendment
Other Business Regarding Wireless Communication Facilities
Other Business WSDOT GCA Agreement
Other Business Preliminary 2011 Annual Budget Hanson
Other Business Proposed Traffic Code Ordinance Update Disend
Public Hearing Preliminary 2011 Annual Budget Hanson
Presentation WSDOT/SR 520
Other Business Tentative 2011 Budget Study Session Hanson
Public Hearing Proposed Ordinance to Adopt 2011 Budget Hanson
Other Business Approval of Resolution to Adopt 2011 Property Tax Levy Hanson
Other Business Approval of Ordinance to Adopt 2011 Budget Hanson
Other Business Tentative 2011 Budget Study Session Hanson
Other Business Roof Incentives) Grumbach
Council agenda calendar subject to change.
Action record unofficial until adoption of meeting minutes.
Council agenda packets and minutes can be found at http.-Ilmedina.fileprosite.com.
ITEM OB-9
ITEM PH-1/ OB-1
1 Section 10: Section 12.06.170 of the Medina Municipal Code is amended to read as
2 follows:
3
4 Property lines and limits of easements shall be indicated on the plan of excavation
5 submitted with the application for the ((eXGaua#+ee)) right-of-way permit and it shall be the
6 permittee's responsibility to confine excavation work within these limits.
8 Section 11: Section 12.06.220 of the Medina Municipal Code is amended to read as
9 follows:
10
11 Backfilling in any street opened or excavated pursuant to ((ae xGavatiep)) a right-of-wav
12 permit issued hereunder shall be compacted to a degree equivalent to that of the
13 undisturbed ground in which the trench was dug (or compacted to 95 percent of modified
14 Proctor (ASTM D1557) whichever is greater). Compacting shall be done by mechanical
15 tappers or vibrators, by rolling in layers, or by water settling, as required by the soil in
16 question and sound engineering practices generally recognized in the construction industry.
17 When water is taken from a hydrant the permittee shall assign one person to operate the
18 hydrant and shall make certain that said person has been instructed in the operation of the
19 hydrant. The city water purveyor shall likewise be notified at both the beginning and end of
20 the job so that the condition of the fire hydrants can be checked on both occasions. Any
21 damage done to the hydrant during the excavation shall be the responsibility of the
22 permittee. Water shall be paid for by the permittee on the terms agreed upon with the city
23 water purveyor.
24
25 Section 12: Section 12.08.010 of the Medina Municipal Code is amended to read as
26 follows:
27
28 A. It is unlawful to dig or cut into or mar, deface or alter, any road or street right-of-way,
29 whether improved or unimproved, without first obtaining, and in compliance with the
30 terms of a right-of-way permit pursuant to chapter 20.80 MMC and the provisions of this
31 chapter ((
32 Fnay be delegated)).
33 1. No permit shall be issued unless the action proposed is reasonably necessary and is
34 consistent with the comprehensive plan and the street design standards referenced
35 therein.
36 2. All such permits shall require that adequate warning or protective structures, signs,
37 signals or devices will be maintained until the right-of-way is restored and that
38 restoration will be accomplished in a reasonable time specified therein to a condition
39 substantially equal to its prior condition, to the decided satisfaction of the city
40 manager.
41 3. In the event of failure to restore the right-of-way as set forth above, the city shall have
42 the right, but not the obligation, to restore the right-of-way to its prior condition and to
43 charge all costs thereof to the applicant. A lien for such costs may be placed against
44 any property of the applicant within the city and enforced as a mechanics lien
45 pursuant to the laws of the state.
46 B. Any permit issued under this section shall state the location of the proposed action, why
47 it is necessary, whether or not warning or protective structures, signs, signals or devices
48 shall be maintained, the time within which the road or street right-of-way must be
49 restored, and the deposit or bond, if any, required to protect the city in its restoration.
50 C. Fees charged for issuance of right-of-way permits are specified in the fee schedule
51 adopted pursuant to chapter 3.64 MMC and ((
52 )) where there is any cutting of the
53 surfaced portion, (( )) a deposit
27 of 48