02/01/94 - Laserfiche WebLink

Home

Page Five THE ZONING REPORT "No Couneilmember, City official or any oth- er person shall attempt to influence or in any way interfere with the Examiner in the per- formance of his designated duties. "Sec..250 Powers. "A. The Examiner shall have the authority to and shall conduct public hearings and prepare a record thereof, and enter written findings and conclusions, recommendations or decisions for the following land use matters: "1. Applications for [rezoning] Recla~sifics- tJons) "2. AppLications for Conditional Uses~ "3. Applications for Conditional Uses in Shoreline Overlay Districts, "4. Applications for Planned Residential 'Unit Developments, "5. Applications for Planned Unit Develop- me nts) "6. Applications for [subdivision] Plats, "7. Appeals of administrative short plat deci- sions [i.e., lot splits], "8. Appeals of State Environmental PoLicy Act threshold determinations, and "9. Any other matter designated by this Code or other City ordinance. "B. The Examiner's decision shall be based u.Don the policies of the Comprehensive Plan~ Shoreline ]~anagement Act~ State Environment- al Policy Act, the standards set forth in the various land use regulatory codes of the City, or any other applicable program adopted by the City Council. The Examiner may attach reason- able conditions found necessary to make a project compatible with its environment and to carry out the goals and policies of the City's Comprehensive Plan, Shoreline Master Program, or other applicable plan or program adopted by the City Council. "Such conditJon-~ may include but are not lim- ited to the following: "i. Exact location and nature of develop- ment, including additiona/ building and parking area setbacks, screening in the form of land- scaped berms, landscaping~ or fencing; "2. Impact of the development upon other lands; "3. Hours of use of operation or type and intensity of activities; "4. Sequence and scheduling of development; "5. Maintenance of the development; "6. Duration of use and .subsequent remova} of structures; "7. Granting of easements or utilities or oth- er purposes and dedication of land or other provisions fop public facilities, the need for which the Examiner finds would be generated in whole or in significant part by the proposed development; "8. Mitigation of any adverse environmental impacts; and "9. Provisions which would bring the proposal into compliance with the Comprehensive Plan pOlicy. "C. The Examiner shall have the power to pre- scribe rules and regulations concerning proce- ~iures ior hearings authorized herein, subject to confirmation by the City Council, to issue sum- mons for and compel the appearance of witnes- ses, to administer oaths and to preserve order. q'ne priviJege of cros~-e×~amination of witnesses shah be accorded all interested parties or their counsel in accordance with rules of the Exam- iner. "Sec. .260 Procedures. The Procedures of Sec. 20.~0.BOO through .B99 ["Procedures: Con- ditional Uses and Reclassifications", including findings of fact, reconsideration, appeals, City Council consideration, appeal to courts, disap- provals and resubmi~tal, compliance and revo- cations], including the requirements of notice of public hearings, and Chapter 22C.10 of the Bellevue City Code, as applicable, shall apply to the land use matters heard by the Examiner. "Sec. 270. Sound Recordings to be Made. A tape recording or other sound recording of the proceedings before the Hearing Examiner shall be made. Such sound recording shall be retain- ed by the appropriate administrative official of the City for a period of seven years, or, if application is made to the Superior Court for King County as provided . . in state law, such sound recording shall be retained until such litigation is finally concluded. January 21, 1994 issue m m m m m m m m m m m m ! m m m m