Remember the Meridian Market controversy? Lacey appears set to change land-use process
Once again Lacey City Council reviewed its quasi-judicial process on Thursday, but this time it appears the council is ready to make a change that might be welcomed by many.
By the end of the work session discussion, Mayor Andy Ryder called for staff to “bring an ordinance in front of us that we can vote on,” he said.
So what is this quasi-judicial process?
In Lacey, during certain land-use cases that involve a hearings examiner, the hearings examiner reviews city staff analysis of a particular project and holds a public hearing to hear and collect public testimony. Based on all of that information, the examiner makes a recommendation to City Council and the council makes the final land-use decision.
But because the council is in that decision-making role, similar to a judge, it means that in order to maintain the appearance of fairness before they rule, council members are not allowed to talk to their constituents about the project. And that is especially hard when residents are furious with them.
Such was the case with Meridian Market & Gas, a convenience store and gas station that was proposed in northeast Lacey, not far from Salish Middle School, that was widely opposed by those who live in the area. Another example is at Hicks Lake where market rate apartments were proposed on the west shore of the lake. Residents there were unhappy with the proposal as well.
Both Meridian Market and the Hicks Lake projects needed conditional use permits, so both came before the Hearings Examiner and then on to City Council where they were approved.
The council has had the quasi-judicial discussion before. In fact, they voted 4-3 to make no change to the process last fall.
But on Thursday, the ice began to thaw, largely because local attorney Jeff Myers explained an alternative that is already widely used, including in Olympia, Tumwater and Thurston County, he said.
That option is to take the council out of the quasi-judicial role and let the hearings examiner be the final arbiter in certain land-use cases. The hearings examiner decisions can still be appealed, including by the city if they are unhappy with a ruling, but perhaps more important is that council members would be able to talk to their constituents and staff in a legislative role, not a quasi-judicial one.
The council can’t stop a vested application, but at least they could start talking about solutions earlier, said council member Robin Vazquez, who pointed out the council under the current system was not even allowed to discuss changes to the neighborhood commercial zoning that underlies the Meridian Market proposal.
“We were barred from doing that,” she said.
Council member Michael Steadman said he supports making the change.
“It’s the only one because we can talk to our constituents,” he said.
Council member Lenny Greenstein acknowledged he has had a change of heart.
“I have been opposed to making that change for different reasons, but I have come to the same place on this one,” he said, agreeing with Steadman.
Mayor Ryder said he has walked back his position as well, saying it’s obvious that citizens are opposed to the quasi-judicial process.
Still, he said he worries that by taking the council out of that quasi-judicial role it will be “politically expedient” to agree with whatever the public is saying.
Ryder, Greenstein, Ed Kunkel and Malcolm Miller voted to make no change last fall, while Steadman, Vazquez and Carolyn Cox voted in favor of making the change.
Attorney Myers pointed out that the Washington Cities Insurance Authority recommends the hearings examiner be the decision-maker.
“They think that’s the most risk-averse approach a city could take,” he said.
Lacey City Council votes to make no change to land-use process that angered residents
After recusals and anger, Lacey council votes 3-1 to approve Meridian Market and Gas
