Commission clarifies watershed overlay: 25% impervious limit applied per parcel and limited variances allowed

Planning staff recommended a text amendment to UDC section 5.3 to clarify interpretation of the Watershed Protection Overlay on July 28, and the commission voted unanimously to recommend the change to mayor and council.

Under the proposed language, the maximum permitted impervious surface ratio inside the Watershed Protection Overlay would be interpreted on a per‑parcel basis (25 percent per parcel) rather than aggregated across the entire overlay area. Staff also proposed allowing property owners, including larger local industries already exceeding 25 percent, to request variances on a case‑by‑case basis to an upper limit determined by the zoning district. "We wanted to define that as 25 per parcel and then also add an amendment to allow for a variance on that," the city representative said.

Doug Hawkins, a resident who spoke during the public hearing, asked the commission to ensure the overlay map reflects the state Atlas and recharge areas so upstream protections are consistent. "I was suggesting that we include all of these recharge areas onto our map so that we've got restrictions around those streams," Hawkins said, arguing that mapping clarity is important for protecting regional water supplies.

The commission discussed interpretation and agreed that the practical reading should treat any parcel with any portion in the overlay as subject to the 25 percent per‑parcel limit, with variance requests evaluated under existing variance criteria. The commission voted unanimously to recommend approval of the clarification and variance allowance; variances would still be limited to the maximum allowed under the property's zoning designation and considered by planning commission and mayor and council.

Provenance: Staff presentation, public comment by Doug Hawkins, commission motion and unanimous recommendation to mayor and council.