Title
Zoning Code Text Amendments Related to Reasonable Use Exceptions - Hearing
Recommended Action
Hold a public hearing on proposed changes and if the Commission has sufficient information, deliberate and formulate a recommendation to the City Council.
Report
Issue:
The City is required to have the Planning Commission review and hold a public hearing on all zoning code amendments. The Planning Commission is being asked to recommend that City Council adopt the proposed amendments proposed. The primary purpose of amendments is to remove ambiguity of code language. Additional changes are proposed that would modify code applicability related to review authority and criteria applicability.
Staff Contact / Presenter:
Nicole Floyd, Principal Planner, Community Planning and Development, 360.570.3768
Background and Analysis:
Sites that are encumbered by critical areas (environmental constraints such as wetlands) are regulated by the Critical Area Ordinance which is a science-based set of regulations that protect environmentally sensitive areas through the use of buffers and similar limitations on development. In some situations, the critical area regulations can eliminate any development potential of a property. In these rare situations, an owner can apply for a Reasonable Use Exception (RUE), which is a type of variance to allow special exception from critical area regulations (usually buffers) so that reasonable economic use of the property can be achieved. Prior to applying for a RUE, all code established buffer modifications must be exhausted and found unworkable. These exceptions are a last resort and only allow minimal development. The RUE exception is in the code to address constitutional property rights and are rarely applicable or used. Recent changes in the housing economy have resulted in increased interest in development of properties encumbered by Critical Areas, leading to increased scrutiny of the RUE provisions which has prompted these proposed...
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