SHORELINE — The Shoreline City Council is looking at making several changes to its development code that local environmentalists argue would allow developers more leeway to develop in environmentally critical areas.
An attorney for Gaston Enterprises stated in a legal brief to King County Superior Court that the proposed changes would allow his client to build within Thornton Creek buffer.
Gaston was given a city variance to build a house on a 6,942 square foot lot at 2330 N. 156th Place in the Parkwood neighborhood. In January, the variance was overturned on appeal in King County Superior Court.
“Within the last several weeks, I have become aware that the City of Shoreline has been considering amendments to its land use code under which my client may be able to obtain a building permit through a ‘reasonable use exception’” and “this appeal will not be necessary,” wrote Michael Spence, attorney for Gaston Enterprises, in the legal brief.
City staff say the changes make it more difficult to develop within the critical areas or their buffers, but make the process more clear. Staff presented changes to the code at the council’s May 5 workshop meeting and the council conducted a public hearing on the changes at its May 12 meeting.
The changes restrict Critical Areas Special Use Permits to utilities only and requires other parties to apply for Critical Areas Reasonable Use Permits. The guidelines for both permits would require the city issue the permits if standards are met.
“Right now, developers have four choices and it’s very confusing, and if they are denied one permit, they have the opportunity to apply for another one in a different way and it’s become the lawyer’s full-time employment act,” said city planning director Tim Stewart.
The proposed changes would limit the choice to two permits.
“The proposed Critical Area Special Use Permit would only allow utilities to construct facilities in the critical areas, including pipes and electrical, cables and water,” Stewart said.
Private property owners would apply for “a Critical Area Reasonable Use Permit only if the property could not be used and they are being denied all development rights, which would mean the city would have to buy the property. In that case, only the minimum amount of development would be permitted, if specific criteria were met,” he said.
Local environmentalists say these changes wouldn’t give the city any discretion.
“The city should not obligate itself to giving permits that allow development in critical areas, and their buffers,” said Janet Way, president of the Thornton Creek Legal Defense Fund.
Paul Kampmeier, attorney for Thornton Creek Legal Defense Fund, said, “The city should retain the authority to deny the permit even if requirements are met, if real damage will be done to the critical area.”
At the May 12 meeting, the Council decided to put the changes on hold, while staff conducts a review, or “checklist,” under the State Environmental Protection Act to determine if an environmental impact study is necessary.
The decision was made after the Council received a copy of the Gaston attorney Spence’s legal brief and Kampmeier filed a opinion questioning the changes.
“Rather than get into a debate or detailed legal analysis of which is best way to go, we felt it would be more efficient to put the checklist out for comment,” said city attorney Ian Sievers.
There will be a 14-day comment period on the environmental impact of the changes and agencies like the state Department of Fish and Wildlife will be solicited for comment as a part of the process, Sievers said.
The Council is scheduled to continue the discussion in June.
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