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Public Hearings:
NOTE: The Hearing Examiner has the discretion to limit testimony to relevant non-repetitive comments and to set time limits in order to ensure an equal opportunity is available for people to testify.
PRE-DECISION HEARING:
File No.: P-24-005 Non-Administrative Substantial Development Permit
Applicant or Agent: Zion Napier, Agent, for Kevin Johnson, property owner
Proposal: Non-Administrative Substantial Development Permit to install two (2) mooring piles. The piles will be placed north of the existing dock on the project site.
Location: 226 Overlake Dr. W., Medina, WA 98039, Parcel # 3835503173
Legal Info: KENWOOD PARK ADD S 18.60 FT OF LOT 15 ALL LOT 28 IN BLK 21 TGW LOTS 15-16-17 IN BLK 24 & THOSE PORS LOT 29 BLK 21 LOT 14 BLK 24 & POR VAC KENWOOD BLVD LY ELY OF LOTS 29-30 SD BLK 21 ALL LY SLY OF FOLG LN - BEG SW COR SD LOT 15 BLK 21 TH E ALG S LN SD LOTS 15 & 28 DIST OF 174.56 FT TH N 32-19-53 E DIST OF 39.05 FT AP ON N LN SD LOT 28 & TPOB TH CONTG N 32-19-53 E DIST 64.61 FT TH S 56-37-43 E DIST 3.15 FT TH N 30-54-13 E DIST 7.44 FT TH N 69-50-04 E DIST 36.74 FT TH N 72-43-33 E DIST 14.14 FT TH N 89-21-19 E DIST 31.20 FT TAP 55.64 FT E OF & 10.46 FT N OF NW COR LOT 15 BLK 24 & TERM THIS LN DESC TGW 2ND CL SH LDS ADJ TGW POR LOTS 18 SD BLK 24 & LOT 27 SD BLK 21 & POR VAC ST ADJ LY NLY OF LN DAF BEG NW COR LOT 16 SD BLK 21 TH S 79-23-30 E ALG N LN SD LOT & ELY PROD THOF DIST OF 188.38FT TO TPOB TH CONTG S79-23- 30 E 110FT M/L TO EXIST CONC BULK HEAD TH CONTG S 79-23-30 E TO SH OF LK WASH TH SLY ALG SD SH LN 20 FT M/L TAP 20 FT S OF AS MEAS AT R/A TO ELY PROD OF N LN SD LOT 16 TH N 79-23-30 W PLW SD PROD TO SD BULK HEAD TH CONTG N 79-23-30 W 70 FT M/L TAP WCH BRS S 52-49-36 E FR TPOB TH N 52-49-36 W 44.72 FT TO TPOB TGW 2ND CL SH LDS ADJ AKA LOT C MEDINA LLA # 87-2 REC #8703160330 REV BY LLA #87-6 REC 8706170940
Prepared by: Thomas Carter, Assoc. Planner, LDC, Inc.; Planning Consultant for the City of Medina
PART 1 – GENERAL INFORMATION
ZONING: R-20, Single Family Residencial
COMPREHENSIVE PLAN DESIGNATION: Single Family Residential
SHORELINE ENVIRONMENT DESIGNATION: Shoreline Residential
CRITICAL AREAS: Shoreline, as regulated below
ENVIRONMENTAL (SEPA) REVIEW: The proposal is exempt from environmental (SEPA) review pursuant to WAC 197-11-800(2)(e), Minor New Construction.
EXHIBITS:
PART 2 – SITE CHARACTERISTICS
EXISTING CONDITIONS: The subject property is developed with a single-family residence and related site improvements.
SURROUNDING ZONING:
ACCESS: Ingress and egress are from Overlake Drive East.
PART 3 – COMPREHENSIVE PLAN
The residential nature of the City’s shoreline makes preservation of its character, while encouraging good stewardship and enjoyment of the shoreline, including protecting and preserving shoreline ecological functions, the primary vision of the shoreline master program. The following comprehensive plan goals and policies apply to the proposed project:
SM-P4.4 At a minimum, development should achieve no net loss of ecological functions, even for exempt development.
SM-P8.2 The city should take steps to assure that shoreline modifications individually and cumulatively do not result in a net loss of ecological function. This is to be achieved by preventing unnecessary shoreline modifications, by giving preference to those types of shoreline modifications that have a lesser impact on ecological functions, and by requiring mitigation of identified impacts resulting from shoreline modifications.
SM-P9.4 Moorage facilities should be constructed of materials that will not adversely affect water quality or aquatic plants and animals in the long term and have been approved by applicable state agencies.
PART 4 – AGENCY REVIEW/PUBLIC COMMENT
NOTICES (Exhibit 5):
Application received: January 25, 2024
Determination of Completeness: February 07, 2024
Notice of Application : February 09, 2024
Notice of Hearing: March 12, 2024
Notice of Hearing Cancelled: April 04, 2024
The application was received on November 17th, 2023, and was determined complete on February 07, 2024, pursuant to MMC 16.80.100. A Notice of Application was issued on February 09th, 2024, by mailing to property owners pursuant to MMC 16.80.140(B)(2); posting on-site; and posting at other public notices locations (City Hall, Medina Post Office, Park Board, and City of Medina website). A 14-day comment period was used pursuant to MMC 16.80.110(B)(7). A Notice of Hearing was issued on March 12, 2024, consistent with MMC 16.80.120. The notice was mailed to property owners pursuant to MMC 16.80.140(B)(2), published in The Seattle Times newspaper, and posted on the site and other public notices locations (City Hall, Medina Post Office, Medina Park Posting Board, and City of Medina website). The city then issued a Notice of Hearing Cancelled on April 4, 2024. A new Notice of Hearing was issued July 11, 2024, consistent with MMC 16.80.120. The notice was mailed to property owners pursuant to MMC 16.80.140(B)(2), published in The Seattle Times newspaper, and posted on the site and other public notices locations (City Hall, Medina Post Office, Medina Park Posting Board, and City of Medina website).
GENERAL PUBLIC COMMENTS: As of the date of the staff report, the City has not received any public comment regarding the proposed project.
AGENCY COMMENTS: No agency comments were received.
PART 5 – STAFF ANALYSIS
GENERAL:
ENVIRONMENTAL (SEPA) REVIEW:
ANALYSIS OF THE NON-ADMINISTRATIVE SUBSTANTIAL DEVELOPMENT PERMIT:
activities and uses defined as “development” pursuant to RCW 90.58.030(3)(a) and
located within the shoreline jurisdiction as defined by the Shoreline Management Act. The Johnson Residence project is proposing to install (2) mooring piles. The proposed structures meet these criteria, and the proposed project does not qualify for an exemption as set forth in MMC 16.70.030(D) or qualify for an administrative substantial development permit as set forth in MMC 16.71.050. Therefore, a non-administrative substantial development permit is required to authorize the proposed project.
Residential environment designation.
The applicant has prepared an Ecological No Net Loss Assessment Report (Exhibit 4); the No Net Loss Report was prepared by a professional biologist and details the direct and indirect impacts, avoidance and minimization measures, shoreline planting plan, conservation measures, and best management practices that ensures the proposed project will not yield a loss of ecological function. Grette Associates reviewed the submitted No Net Loss Assessment dated January 2024 and determined that revisions were needed to comply with the requirements of Medin’s Shoreline Management Plan as well as assure that the project wouldn’t contribute to a net loss of ecological function. A Technical Memorandum by Grette Associates and Review Letter was sent to the applicant April 2nd, 2024, which requested additional information, for the report to be considered compliant with the SMP standards. The applicant submitted a revised report incorporating recommendations outlined in the Technical Memorandum dated April 17, 2024. Upon review, Grette Associates deemed that the revised report addressed their concerns. Grette Associates also concluded that the revised document addressing their comments would provide sufficient information to adequately address no net loss and critical areas requirements and suggested that a Directors Authorization (Exhibit 17) per MMC 16.66.010 and MCC 16.67.050 would be appropriate. Therefore, the applicant has demonstrated a reasonable effort to analyze environmental impacts from its proposed replaced pier and boat lift structure and has included measures to mitigate potential impacts to shoreline ecological functions.
PART 6 – CONCLUSIONS
CONCLUSION: The Medina Shoreline Master Program (SMP) has been adopted in a manner which is consistent with the policies and provisions of the Washington Shoreline Management Act (“the Act,” RCW 90.58). MMC 16.60.060(A) set for that “all uses and development proposal, including those that do not require a permit, must comply with the policies and regulations established by the Act as expressed through the shoreline master program” (emphasis added). Because the Medina SMP has been adopted to express the Act’s policies and regulations, and applicant’s consistency with the provisions of the Medina SMP inherently conveys consistency with the policies and provisions of the Act. As is concluded in Part 5 of this staff report, the proposed project is consistent with the provisions of the Medina SMP’ therefore, this criterion has been satisfied.
CONCLUSION: The Medina SMP has been adopted in a manner which is consistent
with the guidelines of WAC Chapter 173-27. MMC 16.60 has been adopted under the
authority of RCW 90.57 and WAC Chapter 173-27 (MMC 16.60.040), and its purpose
is to comply with WAC Chapter 173-27 (MMC 16.60.030). Because the Medina SMP has been adopted in a manner which complies with WAC Chapter 173-27, an applicant’s consistency with the provisions of the Medina SMP inherently conveys consistency with WAC Chapter 173-27. As is concluded in Part 5 of this staff report, the proposed project is consistent with the provisions of the Medina SMP; therefore, this criterion has been satisfied.
CONCLUSION: As has been demonstrated in the analysis provided in Part 5 of this
staff report, the applicant’s proposal for the installation of 2 moorage piles is consistent with all germane provisions of the Medina SMP. Therefore, this criterion has been satisfied.
PART 7 – STAFF RECOMMENDATION
Staff recommends the Hearing Examiner approve the Non-Administrative Substantial Development Permit (file no. P-24-005) as the project has demonstrated consistency with the Medina Municipal Code, Medina Shoreline Master Program, the State Shoreline Management Act of 1971, and the State Shoreline Management Permit and Enforcement Procedures. Staff recommends the following conditions be included:
Date
Thomas Carter, Associate Planner, LDC, Inc.
on behalf of the City of Medina
P-24-005 Non-Administrative Substantial Development Permit