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HomeMy WebLinkAbout07/30/1985 Study Session • 121 JULY 30, 1985 STUDY SESSION ON THE HEARINGS EXAMINER SYSTEM IN THE PROPOSED URBAN AREA ZONING ORDINANCE • The City Council and County Commissioners met on this date at 3:00 p.m. in the Council Chambers of City. Hall, Yakima, Washington, for the purpose of conducting a study session on the Hearings Examiner Concept proposed in the Zoning Ordinance. County Commissioners present were Graham Tollefson, Chuck Klarich, and Jim Tithiteside. Assistant Director of County nning, Hinthorne was present representing County staff. Council Pla members Mark present were Mayor Clarence Barnett, Henry Beauchamp, Pat Berndt, Lynn Buchanan, Lynn Carmichael, Jerry Foy and Jack Sparling. City Manager Zais, Assistant City Manager Stouder, City Attorney Andrews, Director of Community & Economic Development Rice, Associate Planners Judd Black and Don Skone, and Deputy City Clerk Barbara Toney were all present representing City management and staff. Commissioner Tollefson opened the study session indicating that Report No. 34 would be reviewed, however, no action would be taken on behalf of the report. Commissioner Klarich distributed a case history of decisions made to date by the County Adjuster. He indicated this position and procedure (much like the one being considered for the Hearings Examiner) has been in place for the past three and one half years and has been quite successful. Mr. Klarich indicated this information is offered for informational purposes only. Associate Planner, Don Skone, reviewed Report No. 34, indicating that the Hearing Examiner Ordinance and Interlocal Agreement are in draft form only at this time and changes are likely. to be made prior to the adoption of the zoning ordinance. Mr. Skone indicated the Hearings Examiner concept is a result of City Council and County Commissioner's direction during a joint meeting in 1982. He reiterated the three goals . of the proposed Urban Area Plan and Zoning Ordinance remain 1) consistency, 2) reduction of processing time, and 3) increased flexibility. .Don Skone referred to the creation or composition of the Proposed Hearings Examiner Committee which would established by the Interlocal Agreement. The committee would consist of two two Council members and the Chairman of the Regional Planning Commission. The function of the committee would be primarily to monitor the work and decisions of the hearings examiner, develop an annual budget, make recommendations on the hiring of the hearings examiner, and if needed, recommendations for termination of the hearings examiner. Commissioner Tollefson and Whiteside indicated they are not in agreement with the recommended composition of the Hearing Examiner Committee. Mayor Barnett expressed concern with establishing a separate and distinct organization. Commissioner Tollefson stated they do not favor this idea and would elect to reach a decision between Council members and Commissioners. Mr. Skone stated another alternative is to include all of the Council members and Commissioners in the composition of this committee. It was pointed out by Mr. Skone that this issue will have to be resolved prior to finalizing the plan and ordinance. Discussion continued regarding who would actually make the final decision on zoning matters. Commissioners Tollefson and Klarich indicated they do not intend to vest such powers in the hearings examiner unless his decisions can be appealed to the County Commissioners or City Council. Discussion continued regarding various aspects of RCW 36.79 and Report No. 34. Mayor Barnett stated he has concerns and questions regarding the report and other information presented today, and is not ready to make final decisions on these matters. Commissioner Tollefson indicated until such time as the City is ready to proceed, there can be no further discussion or action•taken on these particular issues. 122 Discussion ensued regarding the appeals process, the appeal fees, and the timeframes involved for the various applications. Council member Foy explained that he had several questions which needed to be answered, therefore, he had spent a considerable amount of time with the Planning staff discussing these issues prior to today's meeting. Council member Buchanan suggested other Council members might wish to follow this course of action to expedite these meetings in the future. Director Glenn Rice reminded Council and the Commissioners that these documents are in draft form and subject to modification. He indicated he and his staff would make themselves available to Council members and Commissioners if they wish to have clarification on any of the issues being considered. Commissioner Klarich requested staff to give more definition as to what the Hearings Examiner role will be, as the proposal is vague. He stated the elected officials should always be the persons responsible for accepting any appeals, and beyond that, it can be appealed to the courts at any time. He also questioned what action would be taken if the Committee does not agree with the Hearing Examiner's decision. He requested staff prepare a one page summary to clarify these issues. Mark Hinthorne responded to Commissioner Klarich's inquiries, stating these issues are addressed in the Ordinance on page 6, 2.23.140, and on page 9E. Commissioner Tollefson reiterated, due to Mayor Barnett being uncomfortable with issues discussed today, there is no need to proceed with the meeting. City Manager Zais suggested deferring further discussion today in an attempt to allow Council time to meet with staff and clarify issues in question. Council member Sparling requested that information regarding the cost of implementation be provided prior to adoption of the ordinance. Commissioner Whiteside asked how many more meetings are necessary before the plan can be adopted. Don Skone indicated another meeting is necessary to address the Hearings Examiner concept. He also indicated a meeting is scheduled for Monday, August 5th, to address text amendments before the Hearings Examiner Ordinance and Interlocal Agreement can be adopted. Commissioners continued to press for a projected adoption date and City Manager Zais requested that Council be allowed to meet with staff regarding the revised schedule of the remaining steps to be completed and the action anticipated and proceed from that point. The Study Session having been concluded by City Council and the County. Commissioners, it was MOVED by Foy, seconded by Carmichael, that this meeting be adjourned at the hour of 4 :54 p.m. Unanimously carried by voice vote. / READ AND CERTIFIED ACCURATE BY / %1 ma DATE � d`z/1 8S G21'11 COUNCIL i :ER • 4 DATE /d cfcC - COUNCIL MEMBER ATTEST: Actin <� 40 (IrA . 1 �3�• 6 y. _ 9 CITY CLERK( MAYOR •