The Montesano City Council is planning to discuss changes to city code regarding the hearing examiner process and RV parks.

During the Sept. 27 council meeting, Councilman Dan Wood introduced drafts of the two proposed city code changes, saying they were meant only to start the conversation.

Interest in changing the hearing examiner process, as stated in city code, became a center-stage issue late in August when an application for a variance went before the city’s hearing examiner. The variance was for a potential retail marijuana store within city limits, and if approved it would have allowed for the store to open within 1,000 feet from restricted structures (like schools and playgrounds).

The state has allowed for cities to pass ordinances that allow for a variance of the 1,000-foot buffer. Montesano has not passed an ordinance allowing for a variance to the buffer. During the hearing, citizens and Wood told the hearing examiner he didn’t have the authority to approve the variance.

Ultimately, the hearing examiner agreed and the application was dismissed. Because the application was asking for a variance on the buffer written into state law, the matter could not be decided the city’s hearing examiner.

But how the variance application went before the hearing examiner in the first place was an issue Wood said he’d like solved.

On Sept. 27, Wood brought a possible solution forward.

First, the current municipal code states the city council and hearing examiner would have to go before Superior Court to settle any dispute. Wood’s proposed change would make the hearing examiner’s decision a recommendation to the council, not a final say.

“The last page would be deleting the current code language that says variance and conditional uses are decided as final matters by the hearing examiner,” Wood said. “The hearing examiner recommendations are to the council, and the council is the final decision, not the hearing examiner. The thinking is that’s what we were elected for.”

Wood noted the cost charged for the hearing ($325) did not cover the cost the city paid to hold the hearing ($1,250).

The councilman also suggested having the council send matters to the hearing examiner on a case-by-case basis.

“Something might come before the city for a conditional use or a variance that might be so straightforward and simple that maybe we don’t need to have the expense and the process of the hearing examiner,” Wood said.

Mayor Vini Samuel said the matter was unique in that it dealt with marijuana.

“With that being said, we still need to review the process,” Samuel said.

RVs

The hearing examiner wasn’t the only area of municipal code that Wood wanted to address. Language about campgrounds needed revisions, Wood said.

Duration was an issue. Wood said the city code should expressly state no camping for more than 30 days within the city.

But Wood seemed to be speaking exclusively about RV campgrounds (or RV parks), not traditional tent camping. Mayor Samuel asked if the term should be clarified to state RV Park rather than campground.

Further, Samuel said revising city code doesn’t solve the overall problems.

“I appreciate Councilman Wood starting the conversation… I don’t like bootstrapping things. If we’re talking about an RV park, we should talk about an RV park,” Samuel said. She also noted the council should discuss impacts and infrastructure. “It is just word crafting — and I can word craft with the best of them — but this doesn’t address policy and infrastructure, and impact, and traffic issues, and fire and EMS…”

Wood suggested he was insulted by the use of the term “wordcrafting.”

Samuel noted she was worried the wording created a shift in zoning through changes to acceptable use.

Wood said his suggestions were not finalized, but in draft format. The revised city code was meant to set the framework for discussion at the next council meeting.

Councilman Dave Skaramuca said he’s interested in discussing RV parks.

“We, the taxpayers, are shouldering a majority of the cost of services the RV park is using,” Skaramuca said.

Angela Chung, a representative of Monte Square RV Park, asked the council to take mindful action during public comment.

“There wasn’t an RV park in this town before, and now there is. It’s really important that we talk about the impacts on all sides,” Chung said.