File #: 23-0136    Version: 1
Type: recommendation Status: Filed
File created: 1/27/2023 In control: Planning Commission
Agenda date: 2/6/2023 Final action: 2/6/2023
Title: Zoning Code Text Amendments Related to Reasonable Use Exceptions - Deliberations
Attachments: 1. Draft Code Amendments
Related files: 23-0015, 23-0316
Zoning Code Text Amendments Related to Reasonable Use Exceptions - Deliberations

Recommended Action
Deliberate on recommended code changes and formulate a recommendation to the City Council.

The Planning Commission is being asked to recommend that City Council adopt the proposed amendments proposed, however minor modifications of the draft were requested by the Commission to be discussed at the Briefing. The primary purpose of amendments is to remove ambiguity of code language and to 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:
Some of the criteria for approval of a Reasonable Use Exception (RUE) are difficult to decipher because they are poorly worded, particularly in relationship to groups of parcels in single ownership. The primary purpose of these amendments is to re-word the language related to consolidated ownership as it has proven difficult to understand by applicants and staff alike. Similarly, there is added language to better differentiate when a variance or RUE would be required.

Following the Public Hearing, the Commission asked for further analysis and revision to the draft related to the following:

Alternative "bright line" between administrative and Hearing Examiner review for variances and Reasonable Use Exceptions. Staff has modified the draft to reflect the discussion by the Commission. The primary purpose of the revision is to allow minor RUE exceptions to be processed administratively. The "bright-line" for RUE proposed is based on the buffer reduction requested. Greater than a 75% reduction would require a Hearing Examiner Decision. The bright line between administrative and Hearing Examiner review for RUE does not rely on the unit type (single or multi-family) but in practicality a single-family residence is all the exception would allow. O...

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