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Commission forwards zoning amendment to toll entitlements during legal challenges and extend exercise period to 24 months
Summary
Planning staff proposed, and the commission recommended to City Council, a zoning text amendment to extend the initial entitlement exercise period from 12 to 24 months and add tolling for the duration of legal challenges; staff said the change was prompted by delays experienced by the Dorsy Marketplace project and would not apply retroactively to that project.
The Planning Commission voted to forward to City Council a zoning text amendment that would (1) increase the initial period in which a development entitlement must be exercised from 12 months to 24 months, and (2) add tolling provisions so entitlement timeframes pause for the duration of a legal challenge.
Staff explained the amendment was prompted by the extended legal delay that affected the Dorsy Marketplace entitlements; the proposed ordinance language would not retroactively change entitlements for Dorsy Marketplace, staff said. The code changes are to sections 17.74.060 and 17.81.130 and include clarification edits requested by the city attorney.
Commissioners asked for confirmation that the amendment would not apply retroactively to Dorsy Marketplace; staff confirmed and noted the primary substantive changes are the 12-to-24 month extension and automatic tolling while a project is under legal challenge. The commission voted to forward the recommendation to the City Council.
Next steps: the item will be scheduled for City Council consideration as a zoning text amendment and return with the formal ordinance language and staff analysis.
