Planning Commission Agendas

MOSES LAKE PLANNING COMMISSION Nathan Nofziger, Chair | Charles Hepburn, Vice-Chair | Roderick Davis, Commissioner Gary Mann, Commissioner | Anne Henning, Commissioner Moses Lake Civic Center – 401 S. Balsam Street AGENDA A G EAugust THURSDAY, N D A13, 2020 7:00 PM Zoom Login Information https://zoom.us/s/96250340485 (877) 853 5257 Webinar ID: 962 5034 0485 1. Approval of Consent Agenda A. Meeting Minutes 2. Programmatic Shoreline Review 3. Wireless Facilities 4. Preliminary Plat Extension Approvals 5. Planning Commission Questions and Comments 6. Adjourn City Manager Community Development Interim Planning Associate Planner Planning Technician Allison Williams Director Manager Amy Harris Jovita Cantu Vivian Ramsey  STAFF REPORT To: Mayor Curnel, City Council From: Allison Williams, City Manager Date: August 3, 2020 Proceeding Type: Old Business/Public Hearing Subject: Interim Controls Ordinance 2953 Legislative History: • First Presentation: June 23, 2020 • Second Presentation: August 11, 2020 • Action: Hold public hearing Staff Report Summary The purpose of this action is to hold a public hearing on the Interim Controls ordinance adopted June 23, 2020. The Ordinance adopted interim regulations regarding small wireless facilities and wireless communication eligible facilities requests in order to comply with federal law and Federal Communication Commission (FCC) declaratory rulings, entered findings in support of adopting interim regulations, established a work program for permanent regulations, and declared an emergency. Background In September 2018, the FCC adopted a declaratory Ruling and Order that substantially preempts the City's authority on the siting of small wireless facilities (also known as "small cell facilities") and set specific rules for small cell permitting. This ruling affects small cell facilities in the public rights- of-way and private properties, and went into effect in 2019. Some impacts of the FCC Order related to small wireless facilities include a shortened period of time in which the City has to process franchise agreements and right-of-way use permits, limits on City permit applications fees, and limits on the City's ability to regulate design requirements. After reviewing the Municipal Code, it is necessary to amend the City's regulations to comply with the FCC Order in these and other areas. Given that 5G deployment is starting to reach Moses Lake, it is necessary to adopt interim regulations so the City can process applications in compliance with federal statutes and the FCC Order. The Interim Ordinance is in effect for one year, pursuant to Page 1 of 3 RCW 36.70A.390. At this hearing, City staff will review the work program anticipated to develop permanent regulations tailored to the City's needs for Council consideration and adoption. This interim ordinance is based on a model set of design standards and permitting procedures being utilized by a number of Washington cities. Fiscal and Policy Implications The established work program will provide an update to the Interim Controls which may have policy impacts in regard to land use and the use of right of way. Staff Recommendation Staff’s work program follows. The intent is for the City Council to hold a hearing and adopt any additional findings justifying the interim development regulations after the close of the public hearing. Action Requested: Hold Public Hearing Adopt any additional findings after the close of the hearing Attachment A. Interim Controls Workplan for Wireless Communication Eligible Facilities B. Ordinance 2953 Legal Review The attached Ordinance was provided by legal. Page 2 of 3 Interim Controls Workplan for Wireless Communication Eligible Facilities: Interim Controls adoption: June 23, 2020 Public Hearing with Work Plan: August 11, 2020 Work Plan: August 2020: Develop Small Wireless and Eligible Facilities Request application form Hold public hearing with City Council Review interim controls with Planning Commission Ensure staff understands routing of complete applications and adherence to the 60 day shot clock September – October 2020: Circulate interim regulations to wireless carriers, existing franchisees, City staff and impacted utilities for review/comment Review applicable standards with Planning Commission Develop updated code provisions October – November 2020: Circulate updated code for comment Conduct SEPA review if required December 2020: Hold Public Hearing with the Planning Commission for adoption of any changes/modifications December 2020: Forward to City Council for adoption Page 3 of 3  STAFF REPORT To: Mayor Curnel, City Council From: Allison Williams, City Manager Date: August 3, 2020 Proceeding Type: Old Business Subject: MLMC Title 17 Update on Plat Extensions Ordinance Legislative History: • First Presentation: July 28, 2020 • Second Presentation: August 11, 2020 • Requested Action: Consideration to adopt ordinance Staff Report Summary The Planning Commission held a public hearing to consider the extension of preliminary plat approvals. After much discussion, the Commission recommended no change to the existing code and asked that the City look for other administrative relief for the proponent of the change. At the July 28, 2020 meeting of the City Council, after discussion of the issue, Council moved to have the City Manager develop a development agreement with the proponent leaving the existing code in tact. After further review, it was determined the code amendment needs to be brought forward by Ordinance and approved by Council to have legal administrative relief for the project proponent. Background At its September 12, 2017, meeting, the City Council granted a three-year extension to Aho Construction to the Preliminary Plat approvals of Sun Terrace Major Preliminary Plats 2 ,3, 4, 5, 6, 7, and 8. Upon approving the extension, Council requested that code language be drafted allowing for additional extensions. The remaining plats to be completed are Sun Terrace 5, 7, and 8. At the regular meeting of the Moses Lake Planning Commission on July 9, 2020, the Planning Commission recommended against changing the city’s code to allow for administrative extensions of preliminary plats and made this recommendation to City Council. At the July 28, 2020 meeting of the City Council, the City Council considered denying the Planning Commission’s recommendation and recommend staff bring forward an Ordinance to change the code language Page 1 of 2 to allow for the extension, however, upon staff understanding Council desired a three year outright allowance, staff recommended a developer’s agreement. After the meeting, however, the City Manager was reminded that a Development Agreement cannot differ from the underlying code allowances, and so the original direction of the code change should have been pursued. Fiscal and Policy Implications The policy implication for Community Development staff and Planning Commission is to develop a phasing mechanism with administrative approvals within the city’s code to allow for larger subdivisions that will take time and market absorption in order to build out. Numerous jurisdictions allow for phasing preliminary plats. Options Option Results • Move to approve the Ordinance This allows for the administrative approval of extensions to a preliminary plat timeline. • Move to deny the Ordinance The administrative relief sought by the applicant would be removed. Staff Recommendation Staff recommends approval of the Ordinance. Attachments A. Draft Ordinance B. Staff Report to the Planning Commission Determination of Non-Significance State Agency Review AHO Comment Letters City Council original action Legal Review – The draft Ordinance was provided by Legal. Page 2 of 2  ORDINANCE NO. 2955 AN ORDINANCE AMENDING MOSES LAKE MUNICIPAL CODE SECTION 17.12.100 ENTITLED “EXPIRATION OF PRELIMINARY MAJOR SUBDIVISION APPROVAL” THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Section 17.12.100 of the MLMC titled “Expiration of Preliminary Major Subdivision Approval” is amended as follows: 17.12.100 – Expiration of Preliminary Major Subdivision Approval: A. A preliminary major subdivision approval shall expire and become null and void five (5) years after the date of final action by the City Council((Hearing Examiner)). B. The City Council((Plat Administrator)) may grant one (1) extension of the preliminary subdivision approval for a period not to exceed three (3) years, provided that the applicant submits a written request for an extension at least thirty((sixty)) (30((60))) calendar days before the expiration date, and the applicant has attempted in good faith to submit the final subdivision application. C. ((Additional one-year extensions may be granted by the Plat Administrator beyond the initial three-year extension. Prior to granting time extensions, the Plat Administrator shall circulate the time extension request to affected agencies for comments. Additional or altered conditions recommended by the Plat Administrator or affected agencies may be required as a condition of the extension. This may include compliance with new or updated City regulations deemed necessary to protect the public health, safety, or general welfare. Such extensions may be granted if all of the following conditions are met: 1. Unforeseen circumstances or conditions which are not the result of voluntary actions of the applicant necessitate the extension of the preliminary plat; and 2. Conditions in the immediate vicinity of the subject property have not changed substantially since the preliminary plat was first approved; and 3. An extension of the preliminary plat will not cause substantial detriment to existing uses in the immediate vicinity of the subject property or to the community as a whole; and 4. The applicant has demonstrated reasonable diligence in attempting to meet the time limit imposed; and 5. The preliminary plat substantially complies with applicable city code provisions in effect on the date that the application for extension was submitted. The Plat Administrator shall issue a written decision approving or denying the time extension request and provide copies to affected agencies, the applicant, and those  parties requesting a copy of such decision. Appeals of a time extension shall be filed in a manner consistent with the provisions of Chapter 20.11 MLMC.)) Section 2. Severability. If any section of this ordinance is found to be unconstitutional or invalid as written or as applied to any particular person or circumstances, no other section of the ordinance shall be deemed to be invalid, but rather, should be deemed to have been enacted independently and without regard to the section affected. Section 3. Effective Date. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on August 11, 2020. _____________________________________ David Curnel, Mayor ATTEST: _______________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: _______________________________________ Katherine L. Kenison, City Attorney Vote: Riggs Liebrecht Myers Jackson Curnel Eck Hankins Aye Nay Abstain Absent Date Published: August 17, 2020 Date Effective: August 22, 2020  MOSES LAKE PLANNING COMMISSION Meeting on July 16, 2020 Commissioners Present: Chair Nathan Nofziger, Vice-Chair Charles Hepburn, Commissioners, Gary Mann, Anne Henning, Roderick Davis. Name Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Davis E P P P E E E E P X P P A Hepburn P P P P P P P P P X P P P Mann P P E E P P P P P X P P P Nofziger P P P P P P P P P X P P P Schmig P P P P P P P P E/P X A X X X X X X X X X X X X X Henning P P = Present E = Excused A = Absent C = Canceled Staff Present: Virtual Zoom Meeting. The meeting was called to order at 7:05 p.m. Secretary Jovita Cantu called roll. The following were: Absent: Commissioner Davis. Action: Commissioner Hepburn made a motion to not excuse Commissioner Davis’ absence tonight. It was seconded by Commissioner Henning. Motion carried. Consent Agenda: A. Minutes for June 11, 2020 and April 23, 2020 Commissioner Henning felt it was necessary to abstain from voting on these minutes as she testified as a citizen on both occasions. Commissioner Hepburn moved to accept both meeting minutes, including the revision. Seconded by Commissioner Mann. Motion carried. Tao- Substantial Development Shoreline Permit It was moved and seconded to un-table this matter. Charity Duffy addressed this matter and provided additional information. Questions/Comments: Commissioner Henning asked about the approval from the Department of Ecology. She asked what form that approval was in. Charity Duffy stated it was a verbal approval. Commissioner Hepburn asked if the Proponent was with us. He asked if what the request was equivalent if they had come correctly and obtained a permit. Charity Duffy stated that she would have approved it without the hybrid methodology and just the bulkhead. Planning Commission Minutes July 16, 2020 Page 1 Commissioner Mann asked about the Fish and Game and they approved this? Charity Duffy stated yes, they issued an HPA for the methodology. It is a unique area. Commissioner Mann made a motion to approve with staff recommendations as presented June 11. Commissioner Hepburn seconded. Motion passed. Extension of Preliminary Plat Approval: Interim Planning Manager, Vivian Ramsey asked if everyone received the comments. Commissioner Henning asked about the change of approval authority of extensions. Vivian Ramsey stated it was to expedite the process. City Manager, Allison Williams, stated that the final plat went with the Hearings Examiner, so the extensions of such was brought back in house. Commissioners discussed the code change and their concerns with extensions. Commissioners discussed the mechanisms and what they felt would be reasonable as far as an extension. At this time, the public hearing was opened, and Associate Planner Amy Harris read the letter that was submitted by Aho Construction. Commissioner Mann moved to close the public hearing and it was seconded by Commissioner Hepburn. Commissioner Hepburn asked for clarification regarding the “phasing” of construction. Chair Nofziger stated that you must submit all phases at once, so it takes years to get there. They continued to discuss the process of preliminary plat approvals. Developing Engineer Manager Rob Harris stated that when standards have changed and Aho has been more than willing to accommodate when asked. They continued to discuss timelines and how important they are, and all the factors involved such as SEPA. Action: Commissioner Hepburn moved to not change the code at this time. He is willing to look at this again if staff cannot find a solution through the state in regard to the hardship issues. Commissioner Mann seconded. Motion passed. Community Development Director Search Update: City Manager, Allison Williams stated that they have gone through two rounds of applications and have a couple more applicants. Comprehensive Plan Housing Action Plan Update: City Manager Allison Williams stated that they have their consultants on board and have done a preliminary audit on the existing comp plan. They have an upcoming stakeholder meeting and have invited Commissioner Nofziger and Commissioner Henning. Meeting adjourned at 8:15 PM by Commissioner Mann. ____________________________________ Chair, Nathan Nofziger Planning Commission Minutes July 16, 2020 Page 2