City Council Reviews Land Use Appeal, Approves Budget for Sound Equipment, Plans Public Meeting Law Training

Land Use Appeal Review for Dona Wave Land Unit Development Phase 2

The City Council meeting began with a detailed discussion on the scope of review for land use appeal number 24-1, concerning the Dona Wave Land Unit Development Phase 2. Mary McGinnis, Council Position 1, presented a comprehensive background on the appeal. The original phased 28-lot development with a PUD overlay was approved in 2008, and the first phase received final approval in 2009. The current appeal centers on the applicant's request to modify the final plans for Phase 2.

The modifications include creating two lots instead of one at the north end of Jackson Street, creating four lots instead of three at the northeast corner of Kitty Lake and Riley, and vacating the east stub of Riley Street to form an additional building line. The Planning Commission had previously reviewed these modifications and found insufficient evidence to support the applicant's request to plat Phase 2 as two separate sub-phases. The applicant withdrew the request to vacate the east stub of Riley Street.

The council discussed the four options available for the scope of review: restricting to the record made in the decision being appealed, allowing additional evidence on specific issues, conducting a de novo hearing, or remanding the matter to the Planning Commission. After a thorough discussion, the council leaned towards option B, allowing additional evidence on all five criteria raised in the appeal, including special area wetlands and tsunami hazard overlay.