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File #: AM No. 17-208   
Type: Consent Item Status: Passed
File created: 11/8/2017 In control: City Council
On agenda: 12/5/2017 Final action: 12/5/2017
Title: Reclassifying the Appeal Body for all Type III Quasi-Judicial Land Use Permits a. ORDINANCE NO. 2902: An Ordinance Adopting Interim Land Use Regulations and Official Controls Pursuant to RCW 35A.63.220 and RCW 36.70A.390 by: (1) Amending the Appeal Process for Type III Decisions Outlined in Redmond Zoning Code Chapter 21.76; (2) Establishing a Date for Public Hearing; and (3) Establishing an Effective Date
Attachments: 1. Agenda Memo No. 17-208, 2. Attachment A: Ordinance, 3. Exhibit 1: RZC 21.76 Amendments, 4. Exhibit 2: Flow Chart for Type III Process
MEMO TO: Members of the City Council
FROM: Mayor John Marchione
SUBJECT:

title
Reclassifying the Appeal Body for all Type III Quasi-Judicial Land Use Permits

a. ORDINANCE NO. 2902: An Ordinance Adopting Interim Land Use Regulations and Official Controls Pursuant to RCW 35A.63.220 and RCW 36.70A.390 by: (1) Amending the Appeal Process for Type III Decisions Outlined in Redmond Zoning Code Chapter 21.76; (2) Establishing a Date for Public Hearing; and (3) Establishing an Effective Date

I. RECOMMENDED ACTION
recommendation

Adopt the attached ordinance to amend the Redmond Zoning Code Section 21.76 Review Procedures to remove the City Council as the appeal body for all Type III permits and establish a date for a public hearing.
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II. DEPARTMENT CONTACTS

Karen Anderson, AICP, Director, Planning and Community Development, 425-556-2497
Steven Fischer, Manager, Development Review, 425-556-2432
David Lee, Senior Planner 425-556-2462

III. DESCRIPTION/BACKGROUND

On June 20, 2017, the Redmond City Council adopted Ordinance No. 2889, which amended Section 21.76 of the Redmond Zoning Code. This action removed the City Council as an appeal body for all Type I and Type II permits and reduced the review type for Conditional Use Permits from a Type IV to a Type III review.

City Council Members have raised the question of whether they should be the appeal body for Type III permits, as they would like to be able to advocate for their constituents without creating a conflict of interest and, thus; possibly endangering their ability to hear the appeal.

Currently, the City Council is the primary administrative appeal body for Type III permits. A Type III process is a quasi-judicial review. Decisions regarding Type III process are made by the Hearing Examiner and appeals of Type III decisions are made to the City Council. Appeal decisions of the City Council may be appealed to the King County Superior Court. Type III permits, such as Co...

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