DETERMINATION OF NON-SIGNIFICANCE (DNS)

Transcription

1 DETERMINATION OF NON-SIGNIFICANCE (DNS) Application No.: Description of proposal: Proponent: Location of proposal: Lead agency: SEP and ZTR New Residential Development Standards: The proposed amendments are intended to address the rapidly changing character of Mercer Island s single-family neighborhoods. The proposed amendments could result in changes to current regulations or new regulations governing building height, daylight plane, gross floor area, setbacks, tree retention, landscaping, and other related amendments intended to minimize the impact of new development on existing neighborhoods. Procedural changes to land division and deviations are also proposed. The code revision would apply to all properties on the island zoned as single family residential (R-8.4, R-9.6, R-12, and R-15) The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to public on request. X This DNS is issued under WAC (2); the lead agency will not act on this proposal for 14 days from the date below. Comments must be submitted by April 3, Responsible Official: Scott Greenberg, 9611 SE 36 th Street, Mercer Island, WA Phone: (206) FAX: (206) Date: March 20, 2017 Signature: This decision to issue a Determination of non-significance (DNS) rather than to require an EIS, and mitigating measures and conditions required as a part of this DNS may be appealed to the City Council pursuant to Section of the Mercer Island Unified Land Development Code, Environmental Procedures. Such an appeal must be consolidated with any appeal on the City's underlying permit action. Please contact the Responsible official for further information.

2 PUBLIC NOTICE OF APPLICATION AND NOTICE OF OPEN RECORD PUBLIC HEARING NOTICE IS HEREBY GIVEN that an application for a Zoning Code Text Amendment has been filed with the City of Mercer Island for the property described below: File No.: Description of Request: ZTR The proposed amendments are intended to address the rapidly changing character of Mercer Island s single-family neighborhoods. The proposed amendments will result in changes to the regulations governing building height, daylight plane, gross floor area, setbacks, tree retention, landscaping, and other related amendments intended to minimize the impact of new development on existing neighborhoods. Procedural changes to land division and deviations are also proposed. Applicant : Location of Property: Applies throughout the City SEPA Compliance: The proposal is exempt pursuant to WAC (19) Written Comments: Public Hearing and Public Meeting: Applicable Development Regulations: Written comments on this proposal may be submitted to the on or before Wednesday, April 5, 2017 either in person or mailed to the City of Mercer Island, 9611 SE 36th Street, Mercer Island, WA Anyone may comment on the application, receive notice, and request a copy of the decision once made. Only those persons who submit written comments on or before Wednesday, April 5, 2017 or testify at the open record hearing on Wednesday, April 5, 2017 at 6:00 p.m. will be parties of record; and only parties of record will receive a notice of the decision and have the right to appeal. Pursuant to MICC (E), and MICC (F)(1), the applicant is required to participate in both an open record public hearing in front of the Planning Commission and a subsequent public meeting with the City Council. The open record public hearing with the Planning Commission is scheduled for Wednesday, April 5, 2017 at 6:00 p.m. The date of the public meeting with the City Council will be scheduled after the Planning Commission s recommendation. The open record public hearing will be held at the Mercer Island Community and Event Center located at 8236 SE 24th Street, Mercer Island, Washington. The public meeting will be held at the Mercer Island City Council Chambers, located at 9611 SE 36 th Street, Mercer Island, Washington. Pursuant to MICC (E), an application for a Zoning Code Text Amendment is required to be processed as a Legislative Action. Processing requirements for Legislative Actions are further detailed in MICC There are no other applicable development regulations related to a Zoning Code Text Amendment.

3 Other Associated Permits: Studies and/or Environmental Documents Requested: Application Process Information: There are currently no additional pending permit applications associated with the proposal. None. Date of Application: October 19, 2016 Determined to Be Complete: October 19, 2016 Bulletin Notice: March 20, 2017 Date Notice Published in the Newspaper: March 22, 2017 Open Record Public Hearing: April 5, 2017, 6:00 pm Comment Period Ends: April 5, 2017 You may review the application on file on this matter, weekdays between 8:30 a.m. and 5:00 p.m. at the City of Mercer Island, Development Services Group, 9611 SE 36 th Street, Mercer Island, Washington. Written comments and/or requests for additional information should be referred to: Evan Maxim, Planning Manager Development Services Group 9611 SE 36th Street Mercer Island, WA (206)

4 PUBLIC NOTICE OF APPLICATION NOTICE IS HEREBY GIVEN that the has received the application described below: File No.: Description of Request: Applicant : Owner: SHL17-002/SEP Notice is hereby given that an application for a Shoreline Substantial Development Permit and State Environmental Policy Act (SEPA) Checklist has been filed with the City of Mercer Island to remove an existing pier and construct a new pier measuring 150 feet long and 4 feet wide, with an ell measuring 100 feet long and 5 feet wide and a finger pier measuring 30 feet long and 4 feet wide. The moorage facility will also include a boatlift, a platform lift, and a dual jet ski lift. Ted Burns JL Faben LLC Location of Property: 2000 Faben Dr, Mercer Island WA 98040; Identified by King County Assessor tax parcel number SEPA Compliance: Written Comments: Public Hearing: Applicable Development Regulations: Following review of the submitted State Environmental Policy Act (SEPA) environmental checklist, an initial evaluation of the proposed project for probable significant adverse environmental impacts has been conducted. The City expects to issue a SEPA Determination of Non-Significance (DNS) for this project. The optional DNS process, as specified in Washington Administrative Code (WAC) , is being used. This may be your only opportunity to comment on the environmental impacts of the proposal. The proposal may include mitigation measures under applicable codes, and the project review process may incorporate or require mitigation measures regardless of whether an Environmental Impact Statement (EIS) is prepared. A copy of the subsequent threshold determination for this specific proposal may be obtained upon request. This may be your only opportunity to comment on this proposal. Written comments on this proposal may be submitted to the on or before Monday April 3, 2017 at 5:00 p.m. either in person or mailed to the, 9611 SE 36th Street, Mercer Island, WA Anyone may comment on the application, receive notice, and request a copy of the decision once made. Only those persons who submit written comments on or before Monday April 3, 2017, at 5:00 p.m. will be parties of record; and only parties of record will receive a notice of the decision and have the right to appeal. Pursuant to MICC (F)(1), a public hearing is not required for this application. Applications for both a Shoreline Substantial Development Permit and SEPA Checklist are required to be processed as an Administrative Action pursuant to Mercer Island City Code (MICC) (E). Processing requirements for an Administrative Actions are further detailed in MICC The Shoreline Master Program and SEPA procedures are contained in MICC ( and ).

5 Other Associated Permits: Studies and/or Environmental Documents Requested: Appeal Rights: Application Process Information: A future building permit is anticipated for the described work. A State Environmental Policy Act checklist was provided to the City for review. Any person aggrieved by the issuance of the forthcoming decision may seek review from the Shorelines Hearings Board by filing a petition for review within twenty-one days of the date of filing of the decision as defined in RCW (6).More information on this process can be found on the Shoreline Hearing Board s website: or by calling (360) Date of Applications: December 19, 2016 Date of Application: February 13, 2017 Determined to Be Complete: March 8, 2017 Bulletin Notice: March 20, 2017 Date Mailed: March 20, 2017 Date Posted on Site: March 20, 2017 Comment Period Ends: 5:00PM on April 3, 2017 The application regarding this matter is available for review at the, Development Services Group, 9611 SE 36 th Street, Mercer Island, Washington. Written comments and/or requests for additional information should be referred to: Robin Proebsting, Senior Planner Development Services Group 9611 SE 36th Street Mercer Island, WA Robin.proebsting@mercergov.org

6 PUBLIC NOTICE OF APPLICATION NOTICE IS HEREBY GIVEN that the has received the application described below: File No.: DEV Description of Request: Applicant : Owner: A request for an Impervious Surface Deviation. Impervious Surfaces are items that prevent water from penetrating into the soil, such as driveways and rooftops. A maximum of 40% of some lots in residential zones can be covered with impervious surfaces (subject to certain allowances). The City code allows for the lot to be covered with an additional 5% of impervious surface (for a total of 45% lot coverage) via a deviation if certain deviation criteria are met. Tatiana Darnell (Spacelab Design Services LLC) Stephen Pong and Tam Dinh Location of Property: nd Ave. SE, Mercer Island, WA, 98040; Identified by King County Assessor tax parcel number SEPA Compliance: Written Comments: Public Hearing: Applicable Development Regulations: Other Associated Permits: The proposal is categorically exempt from the State Environmental Policy Act (SEPA) per WAC (6)(e). Written comments on this proposal may be submitted to the on or before Monday, April 3, 2017 at 5:00 p.m. either in person or mailed to the City of Mercer Island, 9611 SE 36th Street, Mercer Island, WA Anyone may comment on the application, receive notice, and request a copy of the decision once made. Only those persons who submit written comments on or before Monday, April 3, 2017 at 5:00 p.m. will be parties of record; and only parties of record will receive a notice of the decision and have the right to appeal. Pursuant to MICC (E) and MICC (F)(1), a public hearing is not required for this proposal. The application will be reviewed for consistency with the approval of criteria in Mercer island City Code (MICC) section (D)(3). MICC (E) requires that the impervious surface deviation application be processed as an Administrative Action with public notice. Processing requirements for Administrative Actions are further detailed in MICC The project is being reviewed in compliance with RCW 43.21C, WAC , and the following chapters of the MICC: 19.05, 19.07, 19.08, 19.09, and None have been requested at this time

7 Studies and/or Environmental Documents Requested: Application Process Information: None have been requested at this time. Date of Application: February 15, 2017 Determined to Be Complete: March 8, 2017 Bulletin Notice: March 20, 2017 Date Mailed: March 20, 2017 Date Posted on Site: March 20, 2017 Comment Period Ends: 5:00PM on April 3, 2017 The application on file on this matter are available for review at the, Development Services Group, 9611 SE 36 th Street, Mercer Island, Washington. Written comments and/or requests for additional information should be referred to: Andrew Leon, Planner Development Services Group 9611 SE 36 th Street Mercer Island, WA (206)

8 PUBLIC NOTICE OF DECISION NOTICE IS HEREBY GIVEN that the has approved the application described below: File Nos.: ADU Description of Request: Applicant : Owner: A request for a 670 square foot accessory dwelling unit (ADU). The proposed ADU will be a detached accessory structure on the property. The ADU is the existing home relocated and the proposed new main dwelling unit is currently under review. Julian Weber Myda Lopez Location of Property: 7464 E. Mercer Way, Mercer Island, WA, 98040; Identified by King County Assessor tax parcel number SEPA Determination: The proposal is categorically exempt from SEPA pursuant to WAC (1)(b)(i). Applicable Development Regulations: Other Associated Permits: Decision: Appeal Rights: The application will be reviewed for consistency with the approval of criteria in Mercer Island City Code (MICC) section MICC (E) requires that the accessory dwelling unit (ADU) application be processed as an Administrative Action with public notice. Processing requirements for Administrative Actions are further detailed in MICC Building permit number and Deviation DEV Approved subject to conditions. DISCLAIMER: This information is provided as a courtesy. It is the ultimate responsibility of the appellant to comply with all legal requirements for the filing of an appeal. Parties of record have the right to appeal certain permit and land use decisions. In some cases, other affected parties also have appeal rights. Depending on the type of decision, the appeal may be heard by a City Hearing Examiner, Commission, Board, or City Council, or outside the City to the State Shoreline Hearings Board, the State Growth Management Hearings Board, or King County Superior Court. For a comprehensive list of actions and the applicable entity who will hear the appeal, see MICC (E). If you desire to file an appeal of a decision that is appealable to the City, you must submit the appropriate form and file it with the City Clerk within the time

9 stated in the Notice of Decision. Forms are available from the Development Services Group. Upon receipt of a timely complete appeal application and appeal fee, an appeal hearing will be scheduled. To reverse, modify or remand a decision, the appeal hearing body must find that there has been substantial error; the proceedings were materially affected by irregularities in procedure; the decision was unsupported by material and substantial evidence in view of the entire record; or the decision is in conflict with the City s applicable decision criteria. Property Tax Revaluation: Application Process Information: Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. For more information, please contact the King County Assessor s office at (206) Date of Application: June 30, 2016 Determined to Be Complete: August 24, 2016 Bulletin Notice: August 29, 2016 Date Mailed: August 29, 2016 Date Posted on Site: August 29, 2016 Comment Period Ended: 5:00PM on September 12, 2016 Date of Notice of Decision: March 20, 2017 Appeal Deadline: April 3, 2017 The ADU application on file for this matter is available for review at the, Development Services Group, 9611 SE 36 th Street, Mercer Island, Washington. Written comments and/or requests for additional information should be referred to: Lauren Anderson, Assistant Planner Development Services Group 9611 SE 36th Street Mercer Island, WA (206) Lauren.anderson@mercergov.org

10 NOTICE OF DECISION NOTICE IS HEREBY GIVEN that the following decision has been made for the application described below: File No.: Description: Applicant(s): Owner(s): Location of Property: APL and APL The City issued two Notices of Decision (DEV and DEV16-027) approving two impervious surface deviations for th Ave SE and th Ave SE (respectively). Both Notices of Decision were appealed (DEV and DEV16-029). Mark S. Coen JayMarc Manor, LLC; Gary Upper th Avenue SE, Mercer Island, WA King County Assessor s Parcel # A th Avenue SE, Mercer Island, WA King County Assessor s Parcel # B SEPA Determination: Applicable Development Regulations: This proposal is categorically exempt from SEPA pursuant to WAC (6). An application for an appeal is processed pursuant to MICC (J). The project was reviewed for consistency with the following sections of the Mercer Island City Code: MICC Residential, MICC Administration, and MICC Definitions. Other Associated Permits: DEV and DEV Decision: Both appeals were DENIED. Appeal Rights: DISCLAIMER: This information is provided as a courtesy. It is the ultimate responsibility of the appellant to comply with all legal requirements for the filing of an appeal. Parties of record have the right to appeal certain permit and land use decisions. In some cases, other affected parties also have appeal rights. Depending on the type of decision, the appeal may be heard by a City Hearing Examiner, Commission, Board, or City Council, or outside the City to the State Shoreline Hearings Board, the State Growth Management Hearings Board, or King County Superior Court. For a comprehensive list of actions and the applicable entity who will hear the appeal, see MICC (E). If you desire to file an appeal of a decision that is appealable to the City, you must submit the appropriate form and file it with the City Clerk within the time stated in the Notice of Decision. Forms are available from the Development Services Group. Upon receipt of a timely complete appeal application and appeal fee, an appeal hearing will be scheduled. To reverse, modify or remand a decision, the appeal hearing body must find that there has been substantial error; the proceedings were

11 materially affected by irregularities in procedure; the decision was unsupported by material and substantial evidence in view of the entire record; or the decision is in conflict with the City s applicable decision criteria. Property Tax Revaluation: Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. For more information, please contact the King County Assessor s office at (206) Application Process Information: Date of Applications: December 19, 2016 Date Determined to Be Complete: December 19, 2016 Public Comment Period: February 17, 2017 through 5:00 PM on March 1, 2017 Date Notice of Decision Issued: March 20, 2017 Appeal Filing Deadline: 21 days from issuance of the Notice of Decision; 5:00 PM on Monday, April 10, 2017 You may review the file on this matter, weekdays between 8:30 a.m. and 5:00 p.m. at Mercer Island City Hall, 9611 SE 36th Street, Mercer Island, WA. Questions regarding this matter should be referred to: Nicole Gaudette, Senior Planner Development Services Group 9611 SE 36th Street Mercer Island, WA (206) nicole.gaudette@mercergov.org

12 NOTICE OF DECISION NOTICE IS HEREBY GIVEN that the following decision has been made for the application described below: File No.: Description: Applicant(s): Owner(s): Location of Property: SEPA Determination: Applicable Development Regulations: APL The City issued a Notice of Decision (DEV16-029) denying an impervious surface deviation for the combined lots of 2000 and 1900 Faben Drive. The Applicant appealed the Notice of Decision (DEV16-029). JL Faben, LLC; Jeremy Lott JL Faben LLC, Jeremy Lott 2000 and 1900 Faben Drive, Mercer Island, WA King County Assessor s Parcel # and This proposal is categorically exempt from SEPA pursuant to WAC (6). An application for an appeal is processed pursuant to MICC (J). The project was reviewed for consistency with the following sections of the Mercer Island City Code: MICC Residential, MICC Administration, and MICC Definitions. Other Associated Permits: Decision: DEV Remanded the Notice of Decision (DEV16-029) back to staff for further consideration. Appeal Rights: DISCLAIMER: This information is provided as a courtesy. It is the ultimate responsibility of the appellant to comply with all legal requirements for the filing of an appeal. Parties of record have the right to appeal certain permit and land use decisions. In some cases, other affected parties also have appeal rights. Depending on the type of decision, the appeal may be heard by a City Hearing Examiner, Commission, Board, or City Council, or outside the City to the State Shoreline Hearings Board, the State Growth Management Hearings Board, or King County Superior Court. For a comprehensive list of actions and the applicable entity who will hear the appeal, see MICC (E). If you desire to file an appeal of a decision that is appealable to the City, you must submit the appropriate form and file it with the City Clerk within the time stated in the Notice of Decision. Forms are available from the Development Services Group. Upon receipt of a timely complete appeal application and appeal fee, an appeal hearing will be scheduled. To reverse, modify or remand a decision, the appeal hearing body must find that there has been substantial error; the proceedings were materially affected by irregularities in procedure; the decision was unsupported by material and substantial evidence in view of the entire record; or the decision is in conflict with the City s applicable decision criteria.

13 Property Tax Revaluation: Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. For more information, please contact the King County Assessor s office at (206) Application Process Information: Date of Application: January 3, 2017 Date Determined to Be Complete: January 3, 2017 Public Comment Period: February 17, 2017 through 5:00 PM on March 1, 2017 Date Notice of Decision Issued: March 20, 2017 Appeal Filing Deadline: 21 days from issuance of the Notice of Decision; 5:00 PM on Monday, April 10, 2017 You may review the file on this matter, weekdays between 8:30 a.m. and 5:00 p.m. at Mercer Island City Hall, 9611 SE 36th Street, Mercer Island, WA. Questions regarding this matter should be referred to: Nicole Gaudette, Senior Planner Development Services Group 9611 SE 36th Street Mercer Island, WA (206) nicole.gaudette@mercergov.org