HomeMy WebLinkAbout04-22-2013 - Agenda PacketMEDINA, WASHINGTON
MEDINA CITY COUNCIL
SPECIAL MEETING AGENDA
Medina City Hall, Council Chambers
501 Evergreen Point Road, Medina
MONDAY, APRIL 22, 2013
6:30 PM
MAYOR
MICHAEL LUIS
DEPUTY MAYOR
KATIE PHELPS
COUNCIL MEMBERS
PATRICK BOYD
JAY DECKER
DOUG DICHARRY
DAVID LEE
JANIE LEE
CITY MANAGER
DONNA HANSON
CITY ATTORNEY
KARI SAND
CITY CLERK
RACHEL BAKER
CALL TO ORDER 6:30 PM
ROLL CALL
DISCUSSION
1. Park Boards & Commissions Membership and Quorums
2. Shoreline Master Program
3. Zoning Master Plan
ADJOURNMENT
Next Regular Meeting: Monday, May 13, 2013
Volunteers NEEDED For Park Board, Planning & Civil Service Commissions.
Apply Online!
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k , CITY OF MEDINA
501 Evergreen Point Road,Medina WA 98039
425.233.6400(phone) 425.451.8197(fax) www.medina-wa.aov
MEMORANDUM
To: CITY COUNCIL
From: ROBERT J. GRUMBACH, AICP
Cc: DONNA HANSON, CITY MANAGER
Date: APRIL 22, 2013
Subject: PARK BOARD & COMMISSION MEMBERSHIP AND QUORUM
BACKGROUND:
At the April 8 regular city council meeting, a question about the size of the Park Board
and Planning Commission membership was raised. This question has its roots in the
difficulty the City has recently experienced in attracting volunteers to serve on these
boards and commissions.
ORGANIZATION AND AUTHORITY:
The Parks and Recreation Board is established under Chapter 2.40 of the Medina
Municipal Code. The board advises the city council and staff on matters relating to
planning, acquisition, development and operation of park facilities and recreational
programs within the city. Membership is established at seven positions with a majority
four members) constituting a quorum for holding a meeting for the transaction of
business. A majority of those present at a meeting is required to carry any motion.
The Planning Commission is established under Chapter 2.44 of the Medina Municipal
Code. The commission, with city staff, makes up the City's planning agency. The
planning agency serves in an advisory capacity to the city council by making
recommendations. Membership is established at seven positions with a majority (four
members) constituting a quorum for holding a meeting for the transaction of business.
A majority of those present at a meeting is required to approve an action.
MEMBERSHIP SIZE:
The city council has, by ordinance, authority to create planning commissions and park
boards and provide for their membership, organization and expenses. There are no
widespread guidelines on the appropriate number of positions that should be assigned
to a park board or planning commission. Instead, each jurisdiction must determine for
1
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them what works best based on local circumstances. A few considerations on the size
of a commission or board often cited are:
The ability to keep the commission or board full. The importance of this is felt
particularly in the ability to have a quorum available to hold meetings. When
positions are vacant, there are fewer available members so forming a quorum
can sometimes be challenging if someone cannot attend a meeting.
The desire to promote citizen involvement in city government. The more
positions, the more available opportunities for volunteers to participate.
However, the aspiration for citizen involvement isn't always in sync with the
numbers requesting to participate.
The range of different voices desired to be on a commission or board. However,
the aspiration for different voices isn't always in sync with those requesting to
participate.
The ability to manage the membership. Generally, smaller groups are easier to
manage, but personalities of the group are usually more important than size in
managing a park board or planning commission.
ALTERNATIVE CONSIDERATION:
Since the roots of this question about size originated with the difficulty to attract
volunteers, and how this might be affecting the board or commission's ability to conduct
their work programs, one possible alternative instead of size would be to look at the
requirement on what constitutes a quorum. Currently, the municipal code requires a
majority of the membership to be present to form a quorum. This means a minimum of
four members must be always present to form a quorum.
Instead of a majority of the membership forming a quorum, an alternative might be to
look at requiring a majority of the appointed membership be present to form a quorum.
The idea being that if seven members are appointed, a quorum would consist of four
members, but if five members are appointed, a quorum would consist of three members
being present. In the case an even number are appointed, a quorum would consist of
half of the membership plus one.
If this alternative approach is preferred, a code amendment would be required.
2
c , date - Timeline
9MM•
Fall 2008 to Spring 2009 Zoning Study
June 2009 Zoning Study accepted by Council
August 2010 to Present: Planning Commission
worked on update (Put on hold between
February 2011 and June 2012 for SMP)
Planning Commission Public Hearing scheduled
for Tuesday, April 23, 2012
AA
1. Create a user-friendly code;
2. Maintain consistency with state and federal law, and
comprehensive plan;
3. Clarify confusing and ambiguous language, and correct conflicting
regulations;
4. Eliminate redundancy;
5. Maintain flexibility to address individual circumstances;
6. Include clear intent language and performance standards;
7. Ensure permitting processes include meaningful opportunities for
public input; and
8. Look for opportunities to streamline permit processes while
protecting neighboring property owners and preserving community
character.
Equally important was to minimize changes to long-
standing zoning standards
rPss,
All Planning Commission meetings have been
advertised through our noticing procedures
City sought input from persons who regularly
work with the code
Overlake Golf & Country provided input on the
golf course standards
Post card notice mailed to residents
Created website with information
rtireve l o p m e n t od ei
ti:'„ ,. .-. . - •,!"'., x !`,'"' .=`';;to':.'t". ,..2r x r. s
Administrative provisions:
These provide interpretation consistency
New provisions filled in regulatory gaps
Definitions:
Consolidated definitions into one chapter
From 150 to 178 definitions (excluding SMP
definitions)
Many existing definitions updated and duplicates
removed
Enforcement
Added authority to hold processing of a permit
when a violation exists
n eaaa
Establishment
e dPm-1, t Coee
of Zoning:
provisionsNew regulatory ,
Use Occupancy:
Created new Use Table:
v v v v v
O O O N O N
Uses w O O O N u
H N M M
Z 3
vt a
Residential Uses
Accessory Dwelling Units
Accessory Recreational Facilities
Accessory Recreational Facilities—Minar
Accessory Uses—On-site
Accessory Uses—Off-site
Adult Family Home
Detached,Single family Dwelling
Family Day Care Home
Manufactured Home
rr
3d
Qprn,f rve. ent Code
L&A,s
Lot Development Standards:
Net Lot Area" - excludes private lanes,
unbuildable areas (used for creating new lots)
Zoning setbacks:
Based on lot size instead of zoning district —
About 84 R-16 lots will experience more restrictive
lots greater than 20,000 sq. ft.)
About 135 R-20/11-30 lots will experience less
restrictive (lots 20,000 sq. ft. or less)
Identified protrusions to be allowed in setbacks,
excluding shoreline setbacks
Incorporated relief for substandard lots into
standards
0 10p nnent Code
Setbacks (continued)
Square
Minimum setback from the:
Front` LakeRearSidePropertyoftheLotAreaPropepropertyLineLineWashington
Line" Shoreline
Less than 10,001 25#eet 25 feet
From 10,001 to 13,000 2Of6et- 26 feet
10 feet
Ms tj owl . 10 28°fLet 28 feet
From , 30 feet' 30 feet
See MMC
20.63.030
The greater of 10
Greater than feet or 15%of the430feet30feetlotwidth;not to
exceed 20 feet
Develo., rat Cody
Al
Bulk Development Standards:
Structural Coverage:
Structural Coverage/ Height Relationship flipped
Clarified what is excluded including underground
buildings
Zoning Height:
Height bonus offered in R-20/ R-30 zone for
reduced structural coverage (13% standard)
Improved methods for measuring height
Added method for measuring original grade
us.
im ,' .cE4 & h',"
f.` `':,.+•
a m,^.'..mk, e._.sFS t,.. .. 4. "°v h;: k„
Height (Continued)
Zoning Height Overlay Maximum Height
Me
Points R-16 R-20/R-30 SR-30 N-A Public Heigghtshts
High Point N/A* N/A* N/A*
Original .• - 25 feet None None
Low Point 25 feet 25 feet 20 feet
Finished High Point
28 feet
N/A* N/A*
30 feet 35 feet N/A*
Grade Low Point 28 feet 28 feet 23 feet
Eligible Bonus No Yes Yes No No No
28-foot Finished Grade Height
25-foot Original Grade Height
25-foot Original Original/Finished
Grade Height • Grade Vertical Lines
R-16 Zone 36 feet Finished Grade
Lower Grade a.Original Grade
Vertical Line
y
f
Maximum Height Envelope
I
Original/ Original/
Finished Grade Finished Grade
Low Points High Points
r takDueloment Cod
1. x c I
Special Development Standards:
Fence & gate regulations combined together
Signs — reformatted only
Residential off-street parking — consolidated
standards
46
C7 JD vea, pme. _-,r@"47 Code7
Limited Uses:
This category of use is new and applies to uses allowed
outright, but are subject to certain development
standards
Home Occupation" is changed to "Home Business"
Adult Family Homes" and "Family Day Care" are revised
to reflect state law
Manufactured Homes: is new, but reflects state law
Added zoning flexibility for temporary construction
trailers
Automobile-related Services and Commercial
Horticulture, Truck Gardening and Agriculture uses are
new, but derived from the existing regulations in the N-A
and SR-30 zones respectively
k . eloprnnt CodeS" y
Special Uses:
These uses and development standards are derived
from existing code
The term "Religious Facilities" replaces the term
Church"
Golf Course" and development standards for a golf
course are new
Clubhouse" term was modified to include public
and private
Historical Uses:
This is derived from the existing code
Accessory Uses:
Consolidated these secondary uses into a single
chapter
Regulations for accessory recreational facilities and
swimming pools were combined
Clarified major and minor accessory recreational facilities
Allowed some flexibility for temporary hot tubs and spas
connecting to a sanitary sewer system
Temporary Uses:
Derived from the existing code
r
r rr dD velopment Cody
Nonconformity:
Revised section regarding upper floor additions to
clarify application of structural coverage and height
to an upper floor addition
Added height limits for upper floor additions on structures
that exceed structural coverage
Added diagrams and regulations to help clarify where
adding new structure to an existing building is not allowed
Part of Building Exceeding
Maximum Height"
Maximum Height
Part of Structure Causing the Nonconformity 0
a""',oc.t,
Permits & Approvals:
Consolidated permits into three chapters
These chapters work in conjunction with other
chapters
Group permits and approvals by decision types
Type 1, Type 2, Type 3)
Updated approval criteria and added time limits
Removed redundant procedures
tai qm
t IDevetoprnent Cody
Permits & Approvals (continued):
Added regulations on shoreline permits
created a new Administrative Substantial
Development Permit as a Type 2 decision for
smaller projects
Modified Administrative Variance to clarify the
limits on structural coverage increases
Added a lot size approval criterion for site-specific
rezones
Modified site plan review exclusion to include
building additions that total adding 200 sq. ft. or less
during five year period
fld TakenAl
Moved Building Codes to Title 20
Adopted new project permit and legislative review
procedures and moved to Title 20
Adopted new land division and lot line adjustment
regulations and moved to Title 20
Shoreline Master Program update will be codified in
Title 20 once approved
DRAFT (Not finalized by Ecology)
Ecology Required Changes
The following changes are required to comply with the SMA (RCW 90.58) and the SMP Guidelines (WAC 173-26, Part 111):
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General
1 2.1 A Shorelines of Statewide SM-131.1 This Shoreline Master Program shall be developed using the following guidelines in order of WAC 173-26-251 and RCW
Shorelines of Statewide Significance preference: 90.58.020 establish a specific
Significance, SIVII-121.1 a. Recognize and protect the state-wide interest over local interest. order of preference. Changes
b. Preserve the natural character of the shoreline. have been made to ensure
Staff:OK c. Support actions that result in long-term benefits over short-term benefits. consistency.
d. Protect the resources and ecology of the shoreline.
ed. Increase public access to publicly owned areas of the shorelines.
fe. Increase recreational opportunities for the public in the shoreline.
2 20.60.010 SMP reference Chapters 20.60 through 20.67 of the Medina Municipal Code,in combination with Sub-element 2.1 of Pursuant to WAC 173-26-191,
Title the Medina Comprehensive Plan,shall be known as, and may be cited as,the"Medina Shoreline Shoreline Master Programs
Master Program." consist of both policy and
Staff: OK regulations,and thus when
reference, need to include both.
3 All Sections OHWM vs.OHWL Ordinary high water 4p,—mark All references to OHWL need to
be changed to be reference
Staff: In some sections ok and in OHWM and be consistent with
other sections such as setbacks the RCW 90.58.030. If the use of
disagree—may be resolved with OHWL is to be pursued further,a
additional information detailed hydrograph is needed.
In either situation,development
associated with bulkheads need
to use OHWM.
Page 1
f f
4 20.60.215 Definitions Feasible"means an action,such as a development project, mitigation,or preservation requirement Consistency with WAC 173-26
F"definitions. that meets all of the following conditions:
1.Can be accomplished with technologies and methods that have been used in the past in similar
Staff:disagree—this is minor circumstances,or studies or tests that have demonstrated in similar circumstances that such
and Ecology will consider staff's approaches are currently available and likely to achieve the intended results;
concerns 2. Provides a reasonable likelihood of achieving its intended purpose;and
3. Does not physically preclude achieving the project's primary intended legal use.
The burden of proving infeasibility is on the applicant in cases where these guidelines require certain
actions. In determining an action's infeasibility,the City or other reviewing agency may weigh the
action's relative public costs and public benefits,considered in the short-and long-term time frames.
5 20.60.217 Definitions A."Height" is the vei4ieal this+^^^ measured from the average grade level to the highest point of a Consistency with WAC 173-27
H"definitions. structure-:Provided,That television antennas,chimneys,and similar appurtenances shall not be used
in calculating height,except where such appurtenances obstruct the view of the shoreline of a
Staff:This may be resolved substantial number of residences on areas adioining such shorelines,or the applicable master
Program specifically requires that such appurtenances be included: Provided further,That temporary
construction equipment is excluded in this calculation
6 20.60.231 Definitions Vessel" includes ships, boats,barges or any other floating craft which are designed and used for Consistency with WAC 173-27
V"definitions. navigation and do not interfere with the normal public use of the water YeP de&eF+pU9P 9f
Staff:OK ateF,r-A used 9 .,I le of 1 eiR used—as f+.I..r..9FtEl+i.,R eR the_..,a+er.
7 20.60.232 Definitions Water-enjoyment use" means a recreational use or other use that facilitates public access to the Consistency with WAC 173-26
W"definitions. shoreline as a primary characteristic of the use;or a use that provides for recreational use or aesthetic
eniovment of the shoreline for a substantial number of people as a general characteristic of the use
Staff:OK(this accidentally got and which through location,design, and operation ensures the public's ability to eniov the physical
deleted in one of the later and aesthetic qualities of the shoreline. In order to qualify as a water-eniovment use,the use must be
drafts) open to the general public and the shoreline-oriented space within the project must be devoted to the
specific aspects of the use that fosters shoreline eniovment.
8 20.62.020 E Review Criteria E. Review procedures for deciding project permits are found in Chapter 20.80 MMC and WAC 173-27. Chapter 20.80 doesn't establish
criteria. A reference to WAC
Staff:This may be resolved with 173-27 is needed as it works in
comprehensive zoning code conjunction with Chapter 20.80
update—timing is key issue MMC when processing shoreline
permits.
Page 2
t
Aquaculture
9 Table 20.62.030 Unlisted Uses/Actions Aquaculture is a water-
Shoreline Use Table C c dependent preferred use which.
o The use can't not bea,
Staff: disagree as a commercial Shoreline Use L c 3 c preemptively limited without an
operation is not consistent with s 'V1 u Cr c analysis of local conditions which
our comprehensive plan, L demonstrates incompatibility
however, Ecology will review pursuant WAC 173-26-241.
this further aquaculture as a
conditional use will allow
Aquaculture other than those specifically listed in
XCU XCU CCU XCU opportunity to review for
the table incompatibilities with residential
characteristics.
Setbacks
10 20.63.030 C Allowed uses in the The following structures are allowed to protrude into a shoreline setback provided the structure is The setbacks in this SMP have
Shoreline setbacks from Lake shoreline setback constructed and maintained in a manner that avoids,or if that is not possible, minimizes,and then of been identified to be the
Washington mitigates adverse impacts to shoreline ecological functions:minimum necessary to maintain
ecological functions as required
Staff: Not in agreement on in WAC173-26-211(5) (f). The
analysis, but needs to evaluate structures allowed to protrude
whether language change is into the setback will impact
significant ecological functions,thus
pursuant to WAC173-26-
201(2)(e) mitigation sequencing
is required to be applied.
11 20.63.030 C 7 Environmental Impact 7. Uncovered decks and patios provided: Pursuant to WAC 173-26-201(2)
Shoreline setbacks from Lake Mitigation a. No part of the structure exceeds 30 inches in height above the existing grade; e), Environmental Impact
Washington b. No part of the structure is closer than 30 feet from the ordinary high water line; Mitigation, intrusions into the
c.Total surface area does not exceed 500 square feet inside of the setback area for all decks, patios setback must be mitigated. As all
and similar improvements;shorelines in Medina are
d. Materials allow water to easily pass through to the ground (example:wood decking with gaps shorelines ofstatewide
Page 3
t
Staff:As this pertains to 30-foot between the boards and pervious ground surface below);and significance,the SMP must
shoreline setbacks, change may e.Within the 70 to 125-foot stringline setback area,the requirements set forth in MMC provide for optimum
be OK, but everything else 20.63.030(C)(7)(b)and (c) may is modified to allow uncovered decks and patios to:implementation of the policies of
needs further evaluation i. Protrude into the shoreline setback area provided no part of the structure is closer than 50 feet from RCW 90.58.Without specific
the ordinary high water line;and mitigation standards,this
ii.The total surface area of decks, patios and similar improvements inside of the setback area does not provision fails to be consistent
exceed 15 percent of the total shoreline setback area; with WAC 173-26-251.
f. Native vegetation is planted in 1:1 ratio of total surface area of all decks, patios and similar
improvements.
12 20.63.030 E Setback Exceptions Ss"^"^•••'^t exeeptieR Pursuant to WAC 173-26-
Shoreline setbacks from Lake 186(8)(b), no net loss of
Washington shoreline ecological function
fdiRa~•"i^"•-•at°•-"^°Shall"^:-;Q- '°°t '}"^ }°~"^~^^~R°~ts: shall be achieved through the
Staff:This may be resolved with a.The depth efth° let is less than '59 feetl and implementation of the SMP.
additional information (this The~^t "••i'^'a"'^aw^-a ^f the 10t ES 8,200 SgUaF^feet^~'^sue Under the proposed exception,
affects very few properties) F9F the PUFpeses^s t"'° pFeViSi9R,the depth^F the let Shall he^'°t°~~° ~°^' "••' no mitigation has been provided
and the impact of this provision
the^ ^"~a~ "'^"w.t^F"~^^~d the fr^~t'^t IiRej^~d has not been quantified within
the Cumulative Impacts Analysis.
the m-A-54 re.msen.ahale M.aRReF hased eR thP- 'A-t-"RP-5 that-*Rt-eff-se-GA the 8Fd*RaFy high mo;itpr 1ORP
3.The- RP-t-h-Wildable area the aFea ef a !At PARtRiRPd;
AFw*
hiR thP sethaek limits wheFe buildings
13 20.63.030 F Environmental Impact F.Where ^^nr
Fequi
enhancements for a 30-foot setback are required by the SMP, Changes are needed to ensure
Shoreline setbacks from Lake Mitigation:Setback the following shall be implemented: that developments which chose
Washington. Reductions 1. Install a vegetative planting area in accordance with the following(see diagram in Figure to utilize this provision comply
20.63.030(F)(1)): with standards for no net loss of
Staff:the inclusion of trees was a_The planting area shall extend along the frontage of the lot adjoining the water; shoreline ecological functions.
a major concern of waterfront b.The average width measured from the ordinary high water line of the planting area shall be a Providing a `credit'for existing
property owners because of minimum of 10 feet with no measurement less than five feet; vegetation results in unmitigated
views c.At least 75 percent of the planting area shall be covered by vegetation; impacts and a degradation of
d. Plantings shall consist of native tree,shrub and grass species with at least 50 percent of the area shoreline ecological functions
Also, not in agreement on planted with vegetation other than grasses such as shrubs and bushes; inconsistent with WAC 173-26-
credit"statement, but this e.The remaining 25 percent of the planting area may be planted with non-native species and/or 186(8)(b).
needs further analysis contain inanimate materials such as landscape rocks and hardened walkways;
f. `"'tee-Existing native species plants are.prc__pw•ed in the planting area,the native species ^'ants
Page 4
ti
ma-Lhall not count towards the 75 percent planting coverage, shall vegetation installed
previously as part of a prior development activity.
14 20.63.050 A 2 Development Standards As written,this provision only
Development standards for applies to newly created lots or
divisions of land and lot line lot-line-adjustments.As such,
adjustments. this standard is in conflict with
Staff: Ecology is ok with the the requirements for lot frontage
premise, but is concerned with standards pursuant to WAC 173-
how this might be interpreted 26-211(4).
15 20.63 Side yard setbacks 20.63.060 Side Yard Setback. WAC 173-26-211(4)(a)(iv)(B)
Shoreline General A. R-16 Zone. Minimum of 10 feet from each side line. establishes that development
Development Standards B. R-20 Zone. Minimum of 10 feet or 15 percent of the site width at any location of the structure on regulations, including setbacks,
the building site,whichever is greater, but not more than 20 feet from each side line. shall be included in each
Staff: Disagree, but Ecology will C. R-30 Zone. Minimum of 10 feet or 15 percent of the site width at any location of the structure on shoreline master program. Side
further evaluate requiring this the building site,whichever is greater, but not more than 20 feet from each side line yard setbacks play a significant
role in establishing site
development standards.
Overwater/In-water uses and structures
16 20.65.020 General Dock and Pier A.Only one pier or dock plus one float is allowed per lot or contiguous lots under the same distinct Pursuant to WAC 173-26-
Overwater structure-general standards property ownership:limitations on other overwater structures shall be as prescribed by this chapter; 231(3)(d),a dock associated with
provisions B. Overwater structures must support a permitted shoreline use, but may be located off-site from the a single-family residence is a
Staff:There was strong public principal use provided the lots containing the overwater structure and the lot containing the principal water-dependent use and should
support for this during the use are located contiguous to each other and have the same distinct property ownership; be permitted.As written,this
process, but we will need to provision allows for more than
evaluate our ability to defend one dock which is in conflict with
this WAC 173-26-231(3)(d).
17 20.65.040 E 3 New Dock or Pier g.Where native species plants aFe pFeseFve:in the planting area shall be preserved and shall Providing a 'credit'for existing
Design Standards for piers, Mitigation not.the Rative species may be eewnted count towards meeting the planting area coverage vegetation results in unmitigated
docks, buoys,moorage piles requirements; i-„,eIU ipg-,_nor shall vegetation installed previously as part of a prior development impacts and a degradation of
and floats.activity, shoreline ecological functions.
Pursuant to WAC 173-26-186(8)
Staff:See earlier comment the changes indicated must be
about"credit” incorporated.
Page 5
18 20.65.040 Dock and Pier standards K. Where a new pier or dock is proposed, it shall be allowed only for water-dependent uses including Pursuant to WAC 173-26-
Design Standards for piers, single-family residences or public access.When in association with a single-family residence, it shall be 231(3)(b)the indicated language
docks, buoys,moorage piles designed and intended as a facility for access to watercraft.shall be incorporated into the
and floats. SMP.
Staff:This is minor, but does not L.All overwater structures shall be limited to the minimum size necessary to support the water-
appear to be necessary dependent use and shall not exceed the dimensional standards without review through a shoreline
variance permit.
19 Table 20.65.040 Dock and Pier standards Maximum Overwater Surface Coverage 1 The required changes are
Overwater Structure Single property owner 480 square feet Z 1,200 square feet necessary to satisfy mitigation
Dimensional&Design Shared/Joint-use by two property owners 700 square feet Z 1,400 square feet sequencing,and pier and dock
Standards Shared/ Joint-use by more than two 1,000 square feet z 1,500 square feet requirements of the SMP
property owners Guidelines(WAC 173-26-
Staff:There is disagreement on Public Minimum necessary fer rPA_rIPRi;hle use to support 201(2)(e),WAC 173-26-
some of this—Ecology has taken the public use 231(3)(b)).The reduction to the
a line-in-the-sand with other City's dimensional standards are
jurisdictions on the 4-foot wide Maximum Length based on technical
walkway for replacement docks analysis conservation measuresFarthestextensionpointofallstructures
so we will need to evaluate our from the ordinary high water line (See MMC 100 feet 100 feet and recommendations provided
ability to defend this 20.65.040(D)within the Army Corps of
Ell 26 None Engineers—Biological Evaluation
We also need to evaluate of programmatic pier/dockFingersandFloatingDecking20None
adding the water depth Maximum Width standards for Lake Washington
standard—its impact is not clear Walkway, located within 30 feet waterward idt ,,. 4 and Lake Sammamish (ACOE,
of the ordinary high water line feet,•••"'— ,=;S
2010).
We also need to evaluate the
skirting prohibition—the state 4 feet
guidelines do not prohibit these exists„....idt
and some of Medina's shoreline eF th,., 6 seo+
is a high energy environment Walkway,located greater than 30 feet 6 feet ewe-6 feet
waterward of the ordinary high water line
Ell and Floating Decking 6 feet None
Finger 2 feet None
Location of specific structures
Minimum distance of ells,fingers, buoys, 30 feet and 10 feet of 30 feet and 10 feet of
Page 6
moorage piles,and/or floats water from the water depth water depth
ordinary high water line
Pier skirting—Prohibited
reasenahip A..FRatiyes exist
RO
r P_
Maximum depth below the GFd*R@Fy high,
teir Wc
i the miRiffi-Mm.area ef#*
vv pciic'rc 50-p°cFEerarc
She
20 20.65.040 Dock and Pier F.Where an existing pier or dock is replaced, mitigation shall consist of removing in-water and The required changes are
Design Standards for piers, Replacement Mitigation overwater structures located within 30 feet of the ordinary high water line, except for existing or necessary to satisfy mitigation
docks,buoys,moorage piles authorized shoreline stabilization measures RRd hARtli#ts. sequencing,and pier and dock
and floats.requirements of the SMP
Guidelines (WAC 173-26-
Staff:This may be easy to 201(2)(e),WAC 173-26-
resolve with some minor 231(3)(b)).The change indicated
revisions is based on technical
analysis conservation measures
and recommendations provided
within the Army Corps of
Engineers—Biological Evaluation
of programmatic pier/dock
standards for Lake Washington
and Lake Sammamish (ACOE,
2010).
21 20.65.050 A Pier and dock standards 2.All other applicable provisions of this chapter are met, including those prescribed in MMC This change is needed for SMP
Alternative design standards 20.65.040(D)through (3L). Internal consistency.
for piers,docks,buoys,
moorage piles and floats.
Staff: No comment
Page 7
Y s
22 Table 20.65.050 Pier and dock standards Description Requirements 1 The required changes are
Alternative Overwater Overwater Coverage Ne !aFgeF t"^^Ffz°d thFOUgh state^^^' necessary to satisfy mitigation
Dimensional and Structure No larger than existing pier or sequencing,and pier and dock
Design Standards that allowed under MMC 20.65.040, requirements of the SMP
whichever is greater Guidelines(WAC 173-26-
Staff:This needs to be further Minimum Setback from Side Property Lines 12 feet 201(2)(e),WAC 173-26-
evaluated—with these changes, Maximum Length (See MMC 20.65.040(D)) 100 feet 231(3)(b)).The reduction to the
this section is redundant Maximum Width and Height of structural Ne gFeatpr t"^^ RA14OFized by state and City's dimensional standards are
components No larger than allowed under based on technical
This table comes into play only M M C 20.65.040 analysis conservation measures
with new docks and Location of Specific Structures: and recommendations provided
replacement docks within the Army Corps ofpMinimumdistanceofells,fingers, buoys,
moorage piles,and/or floats waterward from 30 feet and 10 feet of water depth Engineers—Biological Evaluation
the ordinary high water line of programmatic pier/dock
Minimum distances of all piles,except standards for Lake Washington
moorage piles,waterward from the ordinary 18 feet and Lake Sammamish (ACOE,
high water line 2010).
ors
Materials Same as pFeSffibed OR Tab! s
authorized per state and federal approval
Notes:
1 Notes in MMC Table 20.65.040 apply as applicable
Page 8
23 20.65.060 Pier and dock standards D.Where existing overwater structure is proposed for removal, priority should be given to removing The required changes are
Modification to overwater those structures located within 30 feet of the ordinary high water line,except for existing or necessary to satisfy mitigation
structures authorized shoreline stabilization measures, beat"E'",and pieF and deek walkways. sequencing,and pier and dock
requirements of the SMP
Staff:This might be fixed with Guidelines(WAC 173-26-
some wording revisions 201(2)(e),WAC 173-26-
231(3)(b)).The reduction to the
City's dimensional standards are
based on technical
analysis conservation measures
and recommendations provided
within the Army Corps of
Engineers—Biological Evaluation
of programmatic pier/dock
standards for Lake Washington
and Lake Sammamish (ACOE,
2010).
Page 9
24 20.65.070 Pier and dock standards The following requirements apply to the repair and maintenance of overwater structures where the Pursuant to WAC 173-27,
Repair and maintenance of repair work is for the purpose of preventing the decline, lapse or cessation of the structure: thresholds for repair and
overwater structures. A. Repair and maintenance work is allowed; replacement need to be
established. Under the proposed
Staff: Ecology did not provisions, replacement has been
understand the first part applies eMiFe stmetufej defined as repair,and thus
to conforming docks and so this BQ All repair work must use materials listed in Table 20.65.040; bypasses SMP regulations. This
is being further evaluated by C.D. Where repair and maintenance is to a nonconforming pier or dock,the limitations for a produces inconsistencies within
them nonconforming structure set forth in MMC 20.66.090,and the following shall apply tt-fie the SMP,and with WAC 173-27.
Under certain development
The second part will need G9RStFaiRt iA NAMC n cr mnlnrl is satis ,,,,: scenarios,the typical form of
further evaluation by us 1. Replacement of up to 75 percent of the existing piles during any consecutive 10 year' n repair can be replacement. It has
period;or not been demonstrated that
2. Repair of up to 100 percent of the existing piles provided repair does not involve driving piles into overwater structures are typically
the benthic;or replaced, rather than repaired.
3. Replacement of any structure treated with pentachlorophenol,creosote,or similar toxic Further, is has not been
compounds provided the replacement is a voluntary action to improve shoreline ecological functions demonstrated that the
and not to repair structurally hazardous conditions;or replacement of the overwater
4. Replacement of any solid decking with materials,such as grating,that allow at least 40 percent light structure will not cause
to transmit through the material,and where the repair work does not include replacement of substantial adverse effects.
substructure; Lake Washington is a shoreline of
E. Where repair and maintenance deviates from the standards of MMC 20.65.070(C)or MMC statewide thus the SMP must be
20.66.090(E),all work will be regulated as a replacement structure consistent with MMC 20.65.030. consistent with WAC 173-26-251,
and achieve optimal
implementation of RCW 90.58.
As such, replacement structures
must be consistent with the
t-be l.,,.,,...,,..+,.,,..t ealesil,tieRs development standards in MMC
20.65.040.
Page 10
Covered Moorage
25 Table 20.65.100(8) Boatlift design standards Description Dimensional&Design Standard The changes indicated are based
Covered Moorage Dimensional Location on analysis and
Design Standards Boatlifts The furthest point of a boat lifts shall be recommendations provided
placed a distance not to exceed 100 feet from within the Army Corps of
Staff: Need to further evaluate the ordinary high water line(See MMC Engineers—Biological Evaluation
the impact of the water depth 20.65.040(D)for measuring distance),except of programmatic pier/dock
requirement, but this might be as allowed pursuant to MMC 20.65.100(D)_ standards for Lake Washington
easy to resolve with some minor The closest point of a boat lift shall be 30 feet and Lake Sammamish (ACOE,
revisions from the ordinary high water line or 9 feet of 2010).
water depth,whichever is greater. Further,the Army Corps Regional
General Permit 1 establishes
Height minimums for watercraft lifts as
Maximum height of covered moorage above 9 feet or greater based on
the ordinary high water line 16 feet Ordinary High Water. RGP 1 also
Minimum height of covered moorage above establishes the minimum height
the ordinary high water line 4 8 feet of covered moorage as 8 feet
above ordinary high water.
Pursuant to WAC 173-26-
201(2)(e),the changes indicated
shall be incorporated.
26 20.65.100 C Covered Moorage design 5.Covered moorage structures shall beat least 30 feet waterward from the ordinary high waterline The required changes are
Covered moorage and boatlifts. standards and be located in a minimum of 9 feet of water depth:and necessary to satisfy mitigation
sequencing, and pier and dock
Staff: Need to further evaluate requirements of the SMP
the impact of the water depth Guidelines (WAC 173-26-
requirement 201(2)(e),WAC 173-26-
231(3)(b)).The changes indicated
are based on technical
analysis conservation measures
and recommendations provided
within the Army Corps of
Engineers—Biological Evaluation
of programmatic pier/dock
Page 11
standards for Lake Washington
and Lake Sammamish (ACOE,
2010)..
27 20.65.100 Covered moorage and E. Mitigation shall be provided in a 1:1 ratio by area for all new overwater coverage. Preferred forms Given that these structures are
Covered moorage and boatlifts. boatlift impact of mitigation are as follows: required to be the minimum size
mitigation 1. Replacing solid decking with grated decking consistent with Table 20.65.040,or necessary for the proposed use,
Staff: OK in part, but may want 2. Planting a mix of native trees,shrubs,and grasses adjacent to OHWM,or the approval of such a structure
to look at greater flexibility with 3. Planting emergent vegetation waterward of the ordinary high water line,or implies new impacts. WAC 173-
the mitigation 4. Removal of hardened shoreline. Replacement of removed stabilization may be allowed consistent 26-201(2)(e) requires
with MMC 20.65. minimization,which has been
satisfied by the location
requirements,and mitigation for
impacts. Further WAC 173-26-
231(3)(a)(iii)(b), Piers and docks,
requires impacts to ecological
functions to be mitigated, Under
the current regulations no
mitigation for covered moorage
or boatlifts has been provided.
The changes indicated are
needed to ensure compliance
with WAC 173-26-186(8)(b).
Further,the changes indicated
are consistent with US Army
Corps of Engineers Regional
General Permit 1,Watercraft
Lifts.
Shoreline Stabilization
28 20.65.230 B Stabilization 2.An analysis is prepared by a qualified professional evaluating the effects of the existing This section requires all
Structural shoreline Replacement structure on ecological functions and the change a replacement structure will have on conditions be met. Adding'and'
stabilization—replacement of ecological functions consistent with MMC 20.65.230(B)(1); and ensures the proper application of
existing. Staff:OK this section.
Page 12
4
29 20.65.240 Stabilization B.Total rRepair over the lifetime of the structure exceeding 75 percent linear length of the structure Pursuant to WAC 173-26-
Structural shoreline Replacement at or below the ordinary high water line shall be subject to the requirements for replacement set forth 231(3)(a)(iii)SMP's must have
stabilization—repair of in MMC 20.65.230; standards for new and
existing. replacement shoreline
stabilization structures. When
Staff:Concept OK, but"lifetime" multiple repair actions result in
standard is impossible to the total replacement of the
implement shoreline stabilization structure,
that structure must then meet
different standards than a repair
action.
30 20.65.260 Stabilization Standards A. Improve shallow water habitat by installing waterward of the ordinary high water line gravel, Additional clarification is needed
Hard structural shoreline cobble,or similar rocky beach material at a maximum grade of one vertical to four horizontal(1:4)_ to ensure optimal
stabilization mitigation Sediment sizes shall be predominately 1/8"to 2"; implementation as a shoreline of
requirements. statewide significance pursuant
Staff: Disagree due to the high to WAC 173-26-251.
energy environment, but
Ecology will further evaluate
31 20.65.260 B New Stabilization 3. Planting shall consist of native-species with at least 50 percent of the area planted with bushes and Providing a 'credit'for existing
Hard structural shoreline Mitigation shrubs;vegetation results in unmitigated
stabilization mitigation 4. \A/Existing native species plants are-wed in the planting area shall be preserved and impacts and a degradation of
requirements. shall not,the native species plants way count towards the planting area requirements, '" nor shoreline ecological functions
shall vegetation installed previously as part of a prior development activity; and therefore in conflict with
Staff:See previous comments WAC 173-26-186(8)(b)for no net
on "credit" loss of shoreline ecological
function.
Dredging
32 20.65.300 Dredging and Disposal A. New development should be placed and designed to avoid or if that is not possible,to minimize the Pursuant to WAC 173-26-231(3)
Dredging and disposal. requirements need for new and/or maintenance dredging; f),avoidance must be the
Staff:Will revise to better priority.
reflect state SMP Guidelines
Page 13
4
Vegetation Conservation
33 20.65.600 Vegetation Conservation D.Where a land surface modification occurs within-59 200 feet of the ordinary high water line,the WAC 173-26-221(5)(b)
Land surface modification. Standards vegetation conservation requirements set forth in MMC 20.66.050 shall apply. establishes minimum
consultation requirements for
Staff: May be resolved with vegetation conservation
deletion standards. That minimum
includes incorporation of the
findings found in Management
Recommendations for
Washington's Priority Habitats,
prepared by the Washington
state department of fish and
wildlife (Knutson, K.C.and V.L.
Naef. 1997d). Limiting
vegetation conservation
standards to lands within 50 of
OHWM is inconsistent with WAC
173-26-221 (5)(b). Further,all
shorelines in Medina are
shorelines ofstatewide
significance,the SMP must
provide for optimum
implementation of the policies of
RCW 90.58. By limiting
vegetation conservation
standards to 50 feet from
OHWM,this provision fails to be
consistent with WAC 173-26-
251(3)(d).
34 20.66.020 Feasibility of mitigation R WhPR PYRII atiRg the feasibility 9f FAitigatiOR sequeReing,the City may eeRsideF WhPthPr the ee Mitigation sequencing is a
Mitigation sequencing. sequencing requirement pursuant to WAC
173-26-201(2)(e). Neither the city
Staff: Disagree, but may be eveF time. nor the state evaluates
difficult to justify mitigation sequencing feasibility.
Page 14
The City and the state both
review for consistency and
application of mitigation
sequencing standards.
35 20.66.050 Vegetation conservation B. As proposed,this provision skips
Tree management and within Shoreline Non-hazardous trees shall be the'avoidance'step required by
vegetation conservation setbacks preserved within the shoreline setback. If tree removal within shoreline jurisdiction cannot be WAC 173-26-201(2)(e).
Staff:This section is planned for avoided,and has been determined to be necessary to support a permitted use, replacement trees modifications have been made to
major revision shall be provided for in accordance with Table 20.66.050: bring this provision into
conformity with WAC 173-26-201
36 20.66.050 G Vegetation Conservation Diameter of Tree Type of Tree Replacement Tree Pursuant to WAC 173-26-221(5),
Tree management and standards
Tree Location DBH) Removed Ratio Vegetation Conservation, local
vegetation conservation. Within Building All All Ne+w—Yes*
jurisdiction shall at a minimum
Footprint utilize Management
Staff:This section is planned for Less than 10 Inches All efie Yes* Recommendations for
major revision 10 inches and greater,Not listed 49-ne Yes* Washington's Priority Habitats,
but less than 20 Knutson, K. L.,and V. L..
The cited manual is for natural
Outside Building
inches Listed 100 percent Shoreline functions are known to
environments and does not g 20 inches and greater, Not listed 49fw—Yes* occur well beyond the 200 foot
include residential urban Footprint but less than 36 shoreline jurisdiction. Further,
environments inches
Listed 125 percent WAC 173-26-186(8)(b)also
Not listed 49*e-Yes* requires no net loss of shoreline
36 inches or more ecological functions. UnmitigatedListed200percentgg
tree removal within shoreline
For each tree removed, replacement shall consist of one tree and a riparian vegetation area jurisdiction conflicts with WAC
equal in square footage to the drip line of the tree removed. The riparian vegetation areas shall 173-26-251,221,and 186. As
be a minimum of 3 feet wide in all dimensions.All plant species shall be native to the Puget Sound such,the changes indicated shall
Lowlands.be incorporated.
37 20.66.050 Alternative Mitigation E. If in the creation of a restoration plan it is determined that impacted shoreline ecological functions WAC 173-26-201(2)(e) places a
Tree management and cannot be replaced onsite or in the immediate vicinity,a fee ion lieu of planting replacement trees may priority on replacing impacted
vegetation conservation. be approved.—For those trees which cannot be mitigated onsite an applicant teat'shall satisfy the functions directly and in the
requirements for replacement trees in Table 20.66.050 as follows:immediate vicinity of the impact.
Staff:This section is planned for 1. Pay a fee to the Medina Tree Fund calculated as follows: Alternative,offsite compensatory
major revision a. If a removed tree has less than 20 inches DBH,the contribution is$200 per each replacement mitigation is may also be
diameter inch not planted; appropriate. This priority of for
Page 15
b. If a removed tree is 20 inches DBH or greater, but less than 36 inches DBH,the contribution is$250 onsite mitigation must be
per each replacement diameter inch not planted;or included in this fee in lieu
c. If a removed tree is 36 inches DBH or greater,the contribution is$400 per each replacement provision. Further,appropriate
diameter inch not planted;and safeguards,terms or conditions
as necessary to ensure no net
case ene .lace,,,..,+tFee ° ed+„ be plaRte d loss of ecological functions must
also be included.
38 20.66.050 Environmental Impact F. Hazardous Trees. WAC 173-26 requires mitigation
Tree management and Mitigation 1. For a A tree determined to be"hazardous" by the City arborist is ,,.,,..,,pt c.,....the FegUi..eMeA++^ to achieve no net loss of
vegetation conservation. V*de+ems To ha eligible f9F the a +GRi ecological function. Removal of
a--pa-it must obtain fFGm the Gity ,rker:..+a rating of 11 or 12 on a scale of 1 to 12(1 being the hazardous trees is an appropriate
Staff:This section is planned for least hazardous and 12 being the most hazardous) action, but mitigation is needed
major revision 4a2.The City arborist shall be a member of the American Society of Consulting Arborists or similar to offset impacts.
professional organization and apply ratings in accordance with the International Society of Further, no documentation has
Not in agreement with the Arboriculture method found in "2011 Tree Risk Assessment(part 9)," in its most recent or adopted been provided with
mitigation for hazardous trees, form. demonstrates that dead trees
but will need to evaluate further GhapteF 12.28" MGj provide do not provide shoreline
with revision ecological functions. As such,
removal should be discouraged,
3.Where a tree receives a hazard rating of 8,9,or 10, pruning exceeding one-third may be authorized and unmitigated removal is
without requiring replacement trees provided the amount of the tree removed will not affect the tree inconsistent with the WAC 173-
in a permanent adverse manner. 26-201(2) (e). Additional
4. For each tree removed, replacement shall consist of one tree and a riparian vegetation area equal in changes have been incorporated
square footage to the drip line of the tree removed. The riparian vegetation areas shall be a minimum to ensure removal of hazardous
of 3 feet wide in all dimensions. All plant species shall be native to the Puget Sound Lowlands. trees is consistent with the
5. If a tree meets the criteria of a hazard in a critical area or its buffer,then a"snag"or wildlife tree vegetation conservation
shall be created. standards of WAC 173-26-201(2)
e).
39 20.66.050 Environmental Impact G.Vegetation conservation. Pursuant to WAC 173-26-221(5)
Tree management and Mitigation 1.Where any of the following activities are proposed within the shoreline jurisdiction and WAC 173-26-201(2)the
vegetation conservation. f+"^
AFdffi ^^•
high wateF lioe,a restoration plan consistent with MMC 20.66.050(G)(2) is required: most current,accurate, and
complete scientific and technical
Staff:This section is planned for information available shall be
major revision used in establishing vegetation
conservation standards. Current
scientific data indicates that
Page 16
r
functions exist well beyond the
first 50 feet and even extend
beyond shoreline jurisdiction.
Ecology,2011) Limiting
vegetation conservation
standards to the 50 feet
landward of OHWM is
inconsistent with WAC 173-26.
Nonconforming Development
40 20.66.090 E Nonconforming 3.A nonconforming structure may be enlarged,extended, repaired,remodeled,or structurally altered This standard is inconsistent with
Nonconforming development. thresholds provided the work does not increase the nonconformity;except nonconformity may be increased if: WAC 173-26-221(2)(c)(i)(F). It is
a.A minor deviation is approved to match an existing nonconforming setback or nonconforming an increase in nonconformity and
Staff:This may be resolved with height following a demonstration that mitigation sequencing has been applied pursuant to MMC must be avoided and minimized.
a "no net loss" analysis 20.66.020(1-6);or As written,this provision gives
b.An intrusion into a setback,or additional structural coverage exceeding the shoreline maximum, is outright permission,without
determined by the City to be reasonably necessary and the minimum necessary to improve access for mitigation,for encroaching in the
elderly or disabled persons.setback.
41 20.66.090 E Nonconforming 4. Except as provided for in MMC 20.66.090(E)(6), a nonconforming structure shall be determined to The reference to MMC 20.65.050
Nonconforming development. thresholds have its nonconformity abandoned and all nonconforming rights lost where: is to Alternative design standards
a.Any single-family dwelling,or any detached accessory building associated with a single-family and is not applicable to
Staff: OK dwelling,experiences substantial destruction;or nonconforming development.
b.A pier or dock experiences repairs exceeding those listed in MMC 20.65.&5A070,or if not listed
experiences reconstruction;or
c.A structure, not listed in MMC 20.66.090(E)(4)(a)or(b),experiences either substantial destruction
or reconstruction.
Critical Areas
42 20.67.050 A No net loss of shoreline 1.The applicant shall avoid all impacts that result in a net loss of shoreline ecological functions;-e+The language as provided allows
General requirements. ecological functions the requirements for no net loss
Staff:OK 2.The applicant shall avoid all impacts where the results are an unacceptable level of risk associated of shoreline ecological functions,
with a geologically hazardous area. pursuant to WAC 173-26-186(8),
Page 17
3. Unless otherwise provided for in this chapter: to be turned off and replaced
a. If alteration to fish and wildlife habitat conservation areas,wetlands and/or their buffers is with impacts associated with a
proposed, impacts resulting from a development proposal or alteration shall be mitigated in geologically hazardous area.
accordance with the mitigation sequencing set forth in MMC 20.67.050(B) and an approved critical
area report and any applicable SEPA documents;or
b.A development proposal or alteration within a geologically hazardous area and/or its buffer must
comply with a geotechnical report approved by the city that assesses the risk to health and safety, and
makes recommendations for reducing the risk to acceptable levels through engineering,design,
and/or construction practices.
43 20.67.050 C Mitigation sequencing 1. Pursuant to MMC 20.66.020,applicants must demonstrate that all reasonable efforts have been Pursuant to WAC 173-26-231(3)
General requirements.examined with the intent to avoid,or if that is not possible, minimize and then mitigate impacts to f),avoidance must be the
Staff: OK shoreline ecological functions as provided by critical areas. priority,with minimization and
mitigation to follow.
44 20.67.070 D Wetland delineation 2.The exact location of a wetland's boundary shall be determined through the performance of a field The changes indicated are
Wetlands investigation by a qualified professional applying the WashffiRgten c+.,+„M.etlan,_r_ IdentifientieR and necessary for consistency with
Staff: OK—This may have WAC 173-22-035 as it relates to
accidentally been lost in one of 36.'.17Tin accordance with the approved federal wetland delineation manual and applicable wetland delineation and
the revisions regional supplements set forth in WAC 173-22-035. identification.
45 20.67.070 E Wetland identification 4. Measurement of wetland buffers shall be from the outer edges of the wetland boundaries as The existing language only directs
Wetlands determined through the performance of a field investigation by a qualified professional applying the the user to the rating system,
wetlands identification and delineation pursuant to MMC 20.67.070(A and B)and as surveyed in the and bypasses the delineation
Staff: OK field. step. Pursuant to WAC 173-22-
035,the change indicated
provides certainty for the user as
to which tools are used for
wetland delineation and
designation.
46 20.67.080 E Buffer Standards 4. Recommendations for the minimum no-disturbance buffer and minimum building setback from any Without proper referencing,
Geologically hazardous areas geologic hazard based upon the geotechnical analysis.The Director may assign buffer and building there are no buffer standards for
Staff: OK setbacks based on this information. For steep slopes,the minimum buffer widths are specified in geologically hazardous areas.
MMC 20.67.080(31).
47 20.67.090 Criteria This preface to the identification
Fish and Wildlife Habitat of Fish and Wildlife Habitat
Conservation Areas elesigRatieR eemsirteRtwoth t4is""""^"•Conservation Areas is in conflict
with WAC 173-26-221 and is
Page 18
Staff: Disagree, but Ecology will internally inconsistent with MMC
further evaluate this consistent 20367.090 A-G.
with RCW 36.70A.480(5) No scientific justification has
been provided which
demonstrates that Type 1/S
Waters do not qualify for
protection as FWHCA pursuant to
WAC 173-26-221. Further,the
submitted Shoreline Master
Program Submittal Checklist
relies upon MMC 20.67.090 E,
Fish and Wildlife Habitat
Conservation Areas- general
development Standards for
satisfaction of the requirements
of WAC 173-26-221(2)(c)(iv),
Critical freshwater habitats.
Given that the existing language
of this section specifically
exempts Type S or Type 1
Waters,it fails to comply with
the previously referenced WAC
sections. Additionally,the
exclusion appears to directly
conflict with the Medina
Comprehensive Plan Natural
Element.
48 20.67.090 A 5 Fish and Wildlife Habitat Waters of the State. In the City of Medina,waters of the state include lakes, ponds,streams,inland Pursuant to WAC 173-26-221,the
Waters of the State Conservation Areas waters, underground waters,and all other surface waters and watercourses within the jurisdiction of SMP must regulate Fish and
the State of Washington, as classified in WAC 222-16-031, Wildlife habitat conservation
Staff: Disagree, but Ecology will areas. The Final Shoreline
further evaluate this consistent Analysis Reportfor the City of
with RCW 36.70A.480(5) Medina's Lake Washington
Shoreline make direct reference
to Lake Washington's role as
habitat for a myriad of fish
Page 19
species, including species listed
as threatened and endangered .
Further,the submitted Shoreline
Master Program Submittal
Checklist relies upon MMC
20.67.090 E, Fish and Wildlife
Habitat Conservation Areas-
general development Standards
for satisfaction of the
requirements of WAC 173-26-
221(2)(c)(iv),Critical freshwater
habitats. Given that the existing
language of this section
specifically exempts Type S or
Type 1 Waters, it fails to comply
with the previously referenced
WAC sections. Additionally,the
exclusion appears to directly
conflict with the Medina
Comprehensive Plan Natural
Element.
49 20.67.090 E Mitigation sequencing 1.A habitat conservation area may be altered only if consistent with mitigation sequencing as Pursuant to WAC 173-26-201(2)
Fish and Wildlife Habitat prescribed in MMC 20.66.020 and the proposed alteration of the habitat or the mitigation proposed (e), in the process of ensuring no
Conservation Areas does not result in a net loss of shoreline ecological functions.All new structures and land alterations net loss of shoreline ecological
shall be prohibited from habitat conservation areas,except in accordance with this chapter.functions, individual uses and
Staff: OK developments must apply the
mitigation sequencing steps.
References
Army Corps of Engineers.2010. Biological Evaluation Programmatic:Overwater Structures in Lake Washington System—Lake Washington, Lake Sammamish,and Lake Union, Including the Lake Washington Ship Canal.Prepared for
U.S.Army Corps of Engineers,Seattle District. Prepared June 2003 by Jones&Stockes Bellevue,Washington.Modified September 2010 by Marcy Reed,Corps of Engineers,Seattle,Washington , Knutson,K. L.,and V. L.
Naef. 1997. Management recommendations for Washington's priority habitats:riparian. Wash.Dept.Fish and Wildl.,Olympia. 181pp.
The Watershed Company and AHBL.November 2012.Final Shoreline Analysis Report for the City of Medina's Lake Washington Shoreline. Prepared for the City of Medina, Development Services Department.
The Watershed Company.April 2012.Cumulative Impacts Analysis for Medina Shoreline Master Program. Prepared for the City of Medina,WA
WRIA 8,2005.Final Lake Washington/Cedar/Sammamish Watershed(WRIA 8)Chinook Salmon Conservation Plan.July 2005
Page 20
f r >
Department of Ecology.2011.Shoreline Master Program Handbook;Chapter 11,Vegetation Conservation,Buffers and Setbacks. Accessed at: http://www.ecy.wa.gov/programs/sea/shorelines/smp/handbook/Chapterll.pdf
Bolton,Susan and Jeff Shellberg. 2001.White Paper-Ecological Issues in Floodplains and Riparian Corridors.Washington Department of Fish and Wildlife,Washington Department of Ecology,Washington Department of
Transportation,Olympia,Washington.
Brennan,Jim, Culverwell, Hilary,Gregg, Rachel, Granger, Pete.2009. Protection of Marine Riparian Functions in Puget Sound, Washington.Washington Department of Fish and Wildlife, Olympia,Washington.
Brennan,J.S.,and H.Culverwell.2004.Marine Riparian:An Assessment of Riparian Functions in Marine Ecosystems. Published by Washington Sea Grant Program.Copyright 2005, UW Board of Regents.Seattle,WA.34 p.
EnviroVision, Herrera Environmental and Aquatic Habitat Guidelines Program.2007,revised 2010. Protecting Nearshore Habitat and Functions in Puget Sound.
Knight, K.2009. Land Use Planning for Salmon,Steelhead and Trout.Washington Department of Fish and Wildlife,Olympia,Washington.
Knutson, K.C.and V.L.Naef. 1997. Management Recommendations for Washington's Priority Habitats: Riparian.Washington Department of Fish and Wildlife,Olympia,Washington
Granger,T.,T.Hruby,A. McMillan,D.Peters,J. Rubey,D.Sheldon,S.Stanley, E.Stockdale.April 2005.Wetlands in Washington State-Volume 2:Guidance for Protecting and Managing Wetlands.Washington State Department of
Ecology. Publication#05-06-008.Olympia,WA.
Page 21
DRAFT (Not finalized by Ecology)
Ecology Recommended Changes
The following changes are recommended to clarify elements of the City's updated SMP
1 2.1 B Transportation a. Noise associated with construction activity and ongoing operations should be mitigated to the The policies of this section are narrow
Environmental Designation Policy maximum extent practicable. and in effect establish time limitations
Designations, SM- Structure b. Best management practices and ether mitigation for impacts should be implemented duFing the for their implementation.They are
P2.4 69AStMetieA and pest rtFUGtieR .ephases the SR 520.-earn ,, .. eet to ensure no net loss of worded more like permit conditions
ecological function. than policies of a comprehensive plan.
c. Where not in conflict with public safety and security of the SR 520 facility, public access should be The policies have been reworded allow
made a pizriority sheuld be diRg publi. s thFe"h ' Femnant P eky' ultin@ their implementation beyond
fre...the cR C20 FeplaeemeAt-ffejeet. competition of the SR 520 project. WAC
d.Vegetation and habitat should'be restored and enhanced open eempletien„f+"e SR 173-26-191(2) (a)(i)
r plaee em pFejeet-using native species.
e.The SR 520 facility,and any associated maintenance facilities occurring within the shoreline
management area, particularly where visible fromthe water,should be fully screened from adjoining
residential properties to the extent practicable,withvegetation and fencing as needed.
2 20.60.060 Administration D. Shoreline permits,and shoreline exemptions,shall be processed in accordance with the Permits for actions within the shoreline
Administration requirements set forth in Chapter 20.80 MMC and the approval criteria specified for shoreline permits jurisdiction must be processed pursuant
found in`'WAC 173-27. to the criteria found in WAC 173-27.
3 17.12.010 Definitions DelphiR"means a SpaF, "F^ g ate Fa Internal consistency of shoreline related
definitions located in SMP.
4 20.60.213 Definitions Dolphin" means a spar, buoy or piling used for mooring watercraft. Internal consistency of shoreline related
D"definitions. definitions located in SMP.
5 20.60.223 Definitions 20.60.223"N" definitions. Providing a definition for native plants
N"definitions. A. "Native plants" means plants which are native to the Puget Sound lowlands. provides consistency for landowners
B. "Natural or existing topography" means the topography of the lot, parcel,or tract of real property with Ecology requirements.
immediately prior to any site preparation or grading, including excavation or filling.
C 4. "Non-water oriented uses" means uses that are not water-dependent,water-related,or water-
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enjoyment.
D Q "Nonconforming structure"means a building or structure that does not comply with the required
setbacks, height, structural coverage and other development requirements of the shoreline master
program, but was lawfully constructed prior to the effective date of the Act or shoreline master
program or subsequent amendments thereto and was continually maintained in accordance with MMC
20.66.090.This term applies whether or not the nonconformity was permitted by a variance.
E$. "Nonconforming use" means any activity,development,or condition that by the shoreline master
program is not permitted outright or permitted as an accessory use,or is not permitted by a conditional
use permit or other special permitting process;but was lawfully created prior to the effective date of
the Act or shoreline master program or subsequent amendments thereto and was continually
maintained in accordance with MMC 20.66.090.A nonconforming use mayor may not involve buildings
or structures and may involve part of,or all of, a building or property.
6 17.12.010 B Definitions Site area,"for the purpose of this title, means dry land area which is further defined The term 'shorelands' is defined and
Other Definitions. as land area lying above ordinary highwater mark. °xeWs0 ^OfShGFeIands,except these which by includes lands within 200'of CHWM.
Feeess en of%vater have -he dFy4and. Dry land created by bulkheading shall not be counted as site This doesn't appear to be the intent of
area except as specifically permitted bythis-code. this section. Changes have been made to
maintain the intent of the definition.
7 Table 20.62.030 Urban Conservancy SM-P2.2, Urban Conservancy
Shoreline Use Table Internal consistency d(Signati n criteria establishes the goals
20 ai l polices for this environmentr
Shoreline Use L c M djignati n. These goals and policies
t , v a co$Iflict ith the uses allowed through
Cr M Tole 20. 2.030. Changes have been
made to he Table to achieve internal
cy of the SMP.
AccessoYy dwelling unit P RX X X
Accessory buildings/uses Idc d on the me lot as a
single-family dwelling other than specifically listed in the P PLX X CU
table
Adult family home= P PLX X CU
Detached single-family dweffing P PLX X CU
Manufactured home P RX X CU
8 20.64.030 Public Access and The following requirements apply to public facilities,and private and semi-private community boating WAC 173-26-241(3) (c) (iv)directs SMP's
Community boating Boating Facilities facilities that serve five or more single-family dwellings: to address public access demand which
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facilities. A. Boating facilities must be located and designed to: is associated with the development of
1.Avoid or minimize impacts to shoreline ecological functions; boating facilities. Emphasis is placed on
2. Not block,obstruct or make dangerous designated public shoreline access; public access when the boating facility
3. Not significantly impact views of nearby residential properties; includes water-enjoyment uses.
4. Limit overwater coverage to the minimum necessary to accommodate anticipated demand;
5. Result in minimum shoreline stabilization being necessary to protect the facility;
6. Follow the standards in Chapter 20.65 MMC(Shoreline Modifications), as applicable;and
7. Not result in a net loss of shoreline ecological functions or other significant adverse impacts.
8. Include limited public access standards when water-enioyment uses-are associated with the marina.
20.63.050 B Development 2. Minimum water frontage:A lot line adjustment or division of land may be approved with less than This provision appears to have a
Development Standards the required water frontage provided: misplaced `and'. It has been moved be
standards for a.At least one of the existing lots has less than the required water frontage set forth in Table consistent with the intent of the
divisions of land and 20.63.050(A)(2);and provision.
lot line adjustments.b.The final lot configuration will neither cause an existing lot adjoining the lake to have less than the
existing substandard water frontage nor cause a lot having the required water frontage to have less
than the required minimum water frontage;or
c. If two or more existing lots have less than the required water frontage set forth in Table
20.63.050(A)(2)then the final lot configuration can include more than one lot adjoining the lake having
less than the required water frontage provided:
i. Only one lot in thefinal configuration has a substandard waterfrontage reduced to less than its
existing water frontage;and
ii. The lot with the reduced waterfrontage does not have a water frontage less than the existing lot
with the smallest water frontage;and
iii.The number of lots having less than the required water frontage is not increased in the final lot
configuration;
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