Title
Approval of Zoning Code Text Amendments Related to Reasonable Use Exceptions
Recommended Action
Committee Recommendation:
The Land Use and Environment Committee and Planning Commission recommend moving to approve the amendments the Municipal Code related to Reasonable Use Exceptions.
City Manager Recommendation:
Move to approve the amendments to the Municipal Code related to Reasonable Use Exceptions.
Report
Issue:
Whether to approve the amendments to the Municipal Code related to Reasonable Use Exceptions.
Staff Contact:
Nicole Floyd, Principal Planner, Community Planning and Development
Presenter(s):
Nicole Floyd, Principal Planner, Community Planning and Development, 360.570.3768
Background and Analysis:
Background and analysis have not changed from first to second reading.
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 areas using buffers and other 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), to allow special exception from critical area 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. They are rarely applicable but when used, the code language can be challenging to decipher because of ambiguous wording, particularly in relationship to groups of parcels in single ownership.
These amendments are proposed to clarify the RUE provisions, and ensure they adequately consider constitutional property rights. The amendments include re-wording/modificatio...
Click here for full text