Planning Commission Agendas

MOSES LAKE PLANNING COMMISSION Nathan Nofziger, Chair | Charles Hepburn, Vice-Chair | Roderick Davis, Commissioner Gary Mann, Commissioner | Anne Henning, Commissioner Zoom Meeting Regular Meeting Agenda November 12,2020 7PM AGENDA https://cityofml.zoom.us/j/97669556403 Call In: 1 253 215 8782 ID: 976 6955 6403 AGENDA 1. Approval of Consent Agenda A. Meeting Minutes for October 15, 2020 2. Meeting Items: 1. Shoreline 2. Homeless Presentation-Taylor Burton 3. Ordinance for Homeless 3. Planning Commission Questions and Comments 4. Adjourn  ORDINANCE NO. ________ AN ORDINANCE AMENDING SECTIONS OF THE MOSES LAKE MUNICIPAL CODE SECTION 18.03.040 ENTITLED DEFINITIONS AND 18.30.030 ENTITLED “ALLOWED USES” THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. A new definition, “Sleeping Shelter”, is added to MLMC Section 18.03.040 entitled “DEFINITIONS”, to read as follows: D. 18.03.040 Definitions: “Sleeping Shelter” means a structure not exceeding 96 square feet in area without utilities and used for the purpose of sleeping by indigent persons on a temporary basis. Section 2. MLMC 18.30.030, titled “ALLOWED USES”, is amended as follows: 18.30.030 Allowed Uses: A. The commercial land uses table indicates where categories of land uses may be permitted and whether those uses are allowed outright or by conditional use permit. Only commercial zones are included in this table. Land uses not listed are prohibited unless allowed through the process specified in subsection D of this section. Further interpretation of these zones may be obtained as specified in Section 20.03.020(B). Land uses are also subject to any footnotes contained within this chapter. B. The symbols used in the table represent the following: 1. An “A” in a table cell indicates that the use is allowed subject to the applicable standards in this code in the zone listed at the top of the table. 2. A “C” in a table cell indicates that the use is allowed by conditional use permit, subject to the conditional use provisions in Chapter 18.51 and any additional standards specified. 3. An “X” in a table cell indicates the use is not allowed in the zone listed at the top of the table. C. Procedural requirements for permits are described in Title 20. D. Uses similar to those listed may be established as allowed or conditionally allowed through the interpretation procedures in Section 20.03.020(B). In determining whether a use should be permitted, the Community Development Director shall refer to the purpose statements found in Section 18.30.010 and the latest version of the North American Industry Classification System.  LAND USES IN COMMERCIAL ZONES USE CATEGORIES C-1 C-2 C-1A NC1 Retail Retail uses (other than those listed below) A A A A1 Food stores A A A A2 Eating and drinking places A A A A3 Drinking places A A A C4 Open sales lots in conjunction with the principal X A A X use which must be in an enclosed adjoining building5 Daily outdoor merchandise display6 A A A A Sidewalk sales A A A A Christmas tree sales, nonprofit organization sales A A A A or activities associated with a seasonal event7 Vehicle sales lot8 X A A X Gasoline stations9 C A A C10 Drive thru for a permitted use C A A C Wholesale Wholesale use as an accessory use to a permitted A A A X retail use Wholesale use when not associated with a retail X A A X use Services Service uses (other than those listed below) A A A A11 Professional offices, other than A A A A12 medical/dental/psychiatric Medical/dental/psychiatric office or clinic C A A C12 Hospitals X C C X Clubs, lodges, assembly halls A A A X Lodging and assembly A A25 A X Recreational vehicle parks (in compliance with X C C X Chapter 18.71) Banking and financial services A A A C12  LAND USES IN COMMERCIAL ZONES USE CATEGORIES C-1 C-2 C-1A NC1 Repair and maintenance, including vehicles and C A A X appliances13 Child care, day care A A A A Veterinarian, small animals (pets) C14 C C X Veterinarian, large animals (livestock) X X X X Animal boarding X C C X Drive thru for a permitted use C A A X Adult entertainment facilities, in compliance with X A X X Chapter 18.73 Cultural, recreational, and entertainment uses A A A A1 Cryptocurrency mining, in compliance with X X X X Chapter 18.74 Data centers/server farms, in compliance with X X X X Chapter 18.74 Transportation, Communication, and Utilities Wireless communication facilities, in compliance A A A X with Chapter 18.78 Local utilities, below ground A A A A Local utilities, above ground C C C C Regional utilities C C C X Private or public passenger transportation A A A A systems15 Airports, landing strips, and air transportation X C X X facilities Heliports C C C X Industrial and Storage On-site hazardous waste treatment and storage C C C C facilities16 Off-site hazardous waste treatment and storage X X X X facilities Wrecking yards, salvage yards, or junk yards X X X X Light manufacturing when subordinate to a retail A A A X sales outlet and contained in a building  LAND USES IN COMMERCIAL ZONES USE CATEGORIES C-1 C-2 C-1A NC1 Storage, warehousing, and distribution, not X A A X associated with a retail business Construction site storage in sea-going containers A A A A or semi-trailers17 Permanent storage in cargo container, in X C C X compliance with Chapter 18.76 Temporary storage in cargo container, in X C C X compliance with Chapter 18.76 Outside storage in conjunction with a principal X A A X use which is in an enclosed adjoining building Public and Institutional Park, playground, athletic field, other A A A X noncommercial recreation Outdoor recreational, entertainment, or A A A A1 amusement facilities Festivals or other outdoor celebrations A A A A Schools, public and private C C C C Churches C A C C18 Libraries A A A C Residential Manufactured or mobile home park X X X X Occupancy of trailers or recreational vehicles X X X X (except in an RV park) Residential use in conjunction with a commercial A19 C C19 A20 structure Multi-family residential use, not in conjunction C21 C C21 X with a commercial structure Assisted living facility X C C X Adult family home22 in an existing residence A A A A Family day care home23 in an existing residence A A A A Residential uses in a basement or upper story A A A A Miscellaneous  LAND USES IN COMMERCIAL ZONES USE CATEGORIES C-1 C-2 C-1A NC1 Accessory use appurtenant to any primary use and A A A A not otherwise prohibited Removal of soil or other natural materials for the X X X X purpose of sale or use as fill material24 Keeping of livestock, poultry, rabbits, or bees X X X X Footnotes for Table 1: 1. All uses in the NC Zone are limited to those selling products and providing services to the immediate neighborhood without attracting a significant number of patrons from outside the neighborhood. No single use shall exceed ten thousand (10,000) square feet. Uses that have outdoor sales require a conditional use permit. Drive thru not allowed. 2. Limited to ten thousand (10,000) square feet of gross floor area. 3. Includes establishments that serve liquor with meals. Limited to five thousand (5,000) square feet of gross floor area. Drive thru not allowed. 4. Limited to five thousand (5,000) square feet of gross floor area. 5. Provided display is on private property and does not interfere with parking, traffic, or pedestrian movement. 6. Daily open merchandise display is permitted on private property when conducted in conjunction with the principal operation which is in an enclosed adjoining building; provided, that such merchandise is taken in and stored in an enclosed building at the close of each business day and that the display shall not interfere with parking, traffic, or pedestrian movement. 7. The listed outdoor temporary/seasonal uses are permitted outright not to exceed thirty (30) days in duration. Temporary structures associated with the listed uses are permitted and shall be exempt from the requirement for compliance with the State Building Code. The siting of temporary structures shall be approved by the Building Official. 8. All areas where vehicles are stored must be improved with hard surface paving. A street frontage buffer as specified in Section 18.57.040(A) is required, even if landscaping is not otherwise required. Loudspeakers are prohibited. 9. Gas pumps shall be set back twenty-five feet (25') from property lines. 10. Sales of tires, batteries, or other automobile parts are prohibited. Repair work is prohibited. 11. Limited to establishments selling products and providing services to the immediate neighborhood without attracting a significant number of patrons from outside the neighborhood. No single use shall exceed ten thousand (10,000) square feet and office uses are limited to two thousand (2,000) square feet. 12. Limited to two thousand (2,000) square feet. 13. In the C-1 and C-1A Zones, repair and maintenance, where allowed, shall take place entirely within an enclosed building. 14. No outdoor boarding allowed. 15. A bus garage or similar facility is allowed only in the C-2 Zone. 16. In compliance with the performance standards of the State of Washington siting criteria for on-site hazardous waste treatment and storage facilities and the requirements of this chapter; provided, that on-site hazardous waste treatment and  storage facilities are accessory to and subordinate to a primary use which is a generator of hazardous waste. “On-site” means generated on the same, geographically contiguous, or bordering property. 17. Construction storage facilities may be located ten (10) days prior to start of construction and shall be removed within ten (10) days of finish of construction. “Start of construction” shall be defined as ten (10) days prior to the physical presence of construction activity on the site for which a building permit has been issued. “Finish of construction” shall be defined as the date of issuance of a certificate of occupancy. 18. Allowed only as a subordinate use. 19. Existing residential uses may remain. For new residential uses, at least fifty percent (50%) of the ground floor area must be designated for retail, service, public, or commercial uses except that properties that front on Third Avenue may not use any of the ground floor area for residential uses. Off-street parking for residential tenants must be provided, in compliance with Chapter 18.54. 20. When located adjacent to a residential zone, the allowed residential density is the same as the adjoining residential zone. See Section 18.31.050. 21. In the C-1 and C-1A Zones, multi-family use is not allowed for properties that front on Third Avenue. 22. Adult family homes shall be licensed by the Department of Social and Health Services, and a City business license shall be required. 23. Family day care homes shall be licensed by the State of Washington Department of Early Learning and shall operate in compliance with the licensed capacity requirements for family day care homes. Certification by the office of child care policy licensor as providing a safe passenger loading area and a City business license shall be required. The building and lot shall comply with all building, fire, safety, and health code requirements, and shall conform to the lot size, building size, setbacks, and lot coverage standards of the zone, except for legal nonconforming structures. 24. Excavation for the purpose of on-site construction or landscaping is permitted. This material may be sold or used as fill. 25. Sleeping Shelters, as defined in MLMC 18.03.040, shall be permissible for use in C-2 Zones when such shelters are administered by a Public Agency and/or Non-Profit Organization in conjunction with a Public Agency, when such Public Agency and/or Non-Profit Organization shall administer the use of Sleeping Shelters for the purpose of housing indigent people. The Building and Planning Officials may exempt any applicable Building Code Regulations, Planning Regulations and/or Permitting Requirements as deemed necessary for such use after review. Section 3. 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 4. 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 and signed by its Mayor on _______________, 2020. _________________________ David Curnel, City 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 November 4, 2020 To: City of Moses Lake Planning Commission From: Vivian Ramsey, Planning Manager RE: Public Hearing amending Title 18 to include a definition of “Sleeping Shelters” and allowing the use Sleeping Shelters in the C2-Commercial zone. Background In May 2019, the City Council approved Resolution 3764, electing the City to operate its own homeless program. The need for a site to operate a homeless program was reviewed with the City Council in May and August of 2020, with a site identified in August of 2020. On September 22, 2019, City Council approved the City Manager to execute a lease for the site location on which the City will operate its homeless program. Work has begun to prepare the site for its use as the homeless campsite administered by the City of Moses Lake, and will be managed by HopeSource through a contractual obligation. The original siting decision was made under the emergency provisions declared by the City of Moses Lake related to the COVID-19 crisis and associated grant funding. As we anticipate the use outliving the current crisis, staff has made the determination to recommend codifying the use. The City currently does not have an option to place shelters on the site that will serve as the Sleeping Center under current Municipal Code or Building Regulations. In order to operate the Sleeping Center as part of the City’s Homeless Programs, the Moses Lake Municipal Code must be amended to authorize the use of “sleeping shelters” as administered by a Public Agency or Non-Profit in conjunction with a Public Agency. The verbiage introduced would specifically govern in a conservative manner the use of “sleeping shelters” so as to not allow conditions in which private entities would be capable of using the Municipal Code changes to use the equivalent of a “sleeping shelter” as an ADU. Proposal Summary This proposal will provide for the inclusion of “sleeping shelters” in the zoning code as an allowed use in the C2-Commercial zone. As proposed, sleeping shelters are defined in MLMC 18.03.040 as: “Sleeping Shelter” means a structure not exceeding 96 square feet in area without utilities used for the purpose of sleeping by indigent persons on a temporary basis. In MLMC 18.30.030 Allowed Uses, the Land Uses in Commercial Zones table will be updated with footnote #25 to the C2 column of the “Lodging and assembly” Use Category. The MLMC is proposed to be amended as:  C-1 C-2 C1-A NC Services Service uses (other than those listed below) A A A A11 Professional offices, other than A A A A12 medical/dental/psychiatric Medical/dental/psychiatric office or clinic C A A C12 Hospitals X C C X Clubs, lodges, assembly halls A A A X Lodging and assembly A A25 A X Recreational vehicle parks (in compliance with X C C X Chapter 18.71) Banking and financial services A A A C12 25. “Sleeping Shelters, as defined in MLMC 18.03.040, shall be permissible for use in C-2 Zones when such shelters are administered by a Public Agency and/or Non-Profit Organization in conjunction with a Public Agency, when such Public Agency and/or Non-Profit Organization shall administer the use of Sleeping Shelters for the purpose of housing indigent people. The Building and Planning Officials may exempt any applicable Building Code Regulations, Planning Regulations and/or Permitting Requirements as deemed necessary for such use after review” Planning Commission Action After closing the public hearing, the Planning Commission should discuss the proposal and make a recommendation to City Council to the approve, deny, or modify the proposal. Respectfully submitted, Vivian Ramsey Planning Manager Enc: DNS State Agency Review Page 2 of 2 Staff Report- Amend MLMC Title 18- Sleeping Shelters  MOSES LAKE PLANNING COMMISSION MINUTES OF OCTOBER 15, 2020 In person attendance is currently prohibited per Washington State Governor’s Proclamation No. 20-28.11, through November 9, 2020. Meeting participation is limited to zoom and telephone access. Commissioners Present (Virtually): Nathan Nofziger (Chair), Gary Mann, Anne Henning, Commissioners Absent: Charles Hepburn (Vice-Chair), Roderick Davis. Staff Present: City Manager Allison Williams, Community Development Director Melissa Bethel, Planning Manager Vivian Ramsey, Housing and Grant Coordinator Taylor Burton, Michelene Torrey The meeting was called to order at 7:00 p.m. Consent Agenda: A. Minutes for August 13, 2020 Motion: Commissioner Henning addressed some minor errors within the August 13th minutes. Commissioner Henning moved and Commissioner Mann second to approve the minutes with the modifications. Welcoming New Employees Planning Manager Vivian Ramsey welcomed new Community Development Director Melissa Bethel, Housing and Grants Coordinator Taylor Burton, as well as Planning Permit Technician Michelene Torrey. Item # 1 (Homeless Camp and New Ordinance) Burton gave a brief overview of the Sleep Center site as well as the long-term plans for the Homeless Issue. DRAFT Commissioners Nofziger and Mann expressed concern over future locations and property values in the surrounding areas. Commissioner Henning commented on the precedent regarding the ordinance language being open ended. Planning Manager Ramsey gave an overview of the draft Ordinance. She explained the Ordinance defines Sleep Shelters and allows them as a permitted use in the C2 Zone. Based on Commissioners concerns regarding the language and definition, Bethel advised the draft Ordinance could be brought back as a workshop item before going to hearing. She also advised Burton would return with a more in-depth presentation regarding the Sleep Center. Item #2 Housing Needs Assessment Workshop (Berk Consulting): Erika Rhett with Berk Consulting presented a slideshow regarding the Housing Action Plan and the Housing Needs Assessment. Discussion centered around location, the types of housing needed, and in fill opportunities. Planning Commission Questions and Comments: Commissioner Mann thanked Burton and Rhett for their presentations. Commissioner Henning noted issues with the website and agenda. Frequent absences of Commissioners were discussed. Bethel stated she would contact those absent and relay the Commissioners concerns. Meeting adjourned at 8:54 PM by Chair Nofziger. ____________________________________ Chair, Nathan Nofziger DRAFT  City of Moses Lake Planning Commission Meeting– November 12, 2020  • Shoreline Master Program 2021 update. • Scope of work overview Purpose • Identified issues currently • Planning Commission feedback and comments Scope of Work • DOE Grant Funding & Grant Management • SMP Goals & Policies • Incorporate Best Available Science • Bureau of Reclamation resource operations • Areas of Unique Composition Public Engagement SMP Update • Engage and educate • Community Feedback • Community buy-in and support of SMP • Educate shoreline residents of SMP and shoreline Shoreline permits • Remedy shoreline violations Enforcement Building • Local agency partners • Residents Partnerships • Select interest groups Shoreline Violations Geotechnical Planting Plans Identifying Current Issues  Questions Comments Open Conversation The image part with relationship ID rId4 was not found in the file. Thank you!