Planning Commission

Planning Commission Regular Business Mee ng January 24, 2023 Planning Commission Meeting 01/24/2023 Master Page 1 of 44 Planning Commission Agenda January April 23, 24,2019 2023 Planning Commission Meeting 01/24/2023 Master Page 2 of 44 CITY OF OAK HARBOR AGENDA PLANNING COMMISSION JANUARY 24, 2023 REGULAR MEETING 6:00 P.M. This will be both a physical meeting location and a virtual meeting. Meeting may be viewed live via YouTube. To leave a public comment that will be made part of the meeting record, you may attend in person, or please call and leave a message at 360-279-4512 no later than 5pm the day prior. 1. ROLL CALL: WASINGER _____ SOUTHARD _____ SCHACHT _______ PLUMLEE ______ MISCHO _______ CHASZAR ______ BONSEN ________ 2. Approval of Minutes – November 29, 2022 Regular Meeting 3. Public Comment – Planning Commission will accept public comment for items not otherwise on the agenda for the first 15 minutes of the Planning Commission meeting. 4. Public Meetings and Hearings: A. 2023 Comprehensive Plan Docket – Public Hearing The Planning Commission will review the 2023 Comprehensive Plan Amendment Docket. The Docket will include several ongoing items from 2022 such as the Housing Action Plan Implementation, Capital Improvements Plan, etc. and will likely add a couple items such as the Downtown/Marina Study and Alternate Street Connection Plan. The Planning Commission will conduct a public hearing and make a recommendation to the City Council. B. Amending Zoning Matrix to Include Open Space – Public Hearing Previous revision to zoning code to create the zoning use matrix inadvertently left the Open Space (OS) zone out of the matrix. Staff proposes adding the OS zone to the matrix with the uses listed in the original version of the code. C. SEPA Thresholds – Public Meeting Delayed until next Commission meeting Staff will continue the discussion on raising the SEPA threshold for minor new construction. D. Monthly Department Report – Public Meeting Staff will present a regular update of any planning related Council actions, current planning items, and long-range planning items. 5. Adjournment Planning Commission Meeting 01/24/2023 Master Page 3 of 44  Planning Commission Minutes From November 29, 2022 Regular Mee ng January April 23, 24,2019 2023 Planning Commission Meeting 01/24/2023 Master Page 4 of 44  City of Oak Harbor Planning Commission Meeting Minutes November 29, 2022 at 6:00 PM Present: Staff Present: Greg Wasinger (Chair) David Kuhl, Director Andy Plumlee Cac Kamak, Principal Planner Kristy Southard John Chaszar Sarah Schacht Stephenie “Fe” Mischo Absent: Bruce Freeman (Vice Chair) Chairman Wasinger called the meeting to order at 6:00 PM. 2. Approval of Minutes – October 25, 2022 Motion: Commissioner Chaszar moved to approve the October 25, 2022 meeting minutes. Second: Commissioner Plumlee seconded the motion. With all in favor, the motion carried unanimously. 3. Public Comment: There were no public comments received for this meeting. 4. Public Meetings and Hearings: A. 2022 Comprehensive Plan and Capital Improvements Plan (CIP) – PUBLIC HEARING Staff Comment Mr. Kamak reviewed the items that have been tracking throughout the year including Housing Element updates, JPA/UGA boundary/capacity analysis, Transportation Element updates, the CIP, and Land Use Element updates. Public Comment There was no public comment. Commissioner Comment Commissioner Schacht asked for additional information regarding the changes to the industrial zoning, specifically any modifications that may take place regarding the environmental regulations. Motion: Commissioner Chaszar moved to recommend that the City Council adopt the proposed Comprehensive Plan Amendments and the six-year Capital Improvements Plan. Second: Commissioner Mischo seconded the motion. Commissioner Schacht abstained. With five commissioners in favor, the motion carried. Planning Commission Meeting Minutes November 29, 2022 DRAFT Planning Commission Meeting Page 1 of 2 01/24/2023 Master Page 5 of 44  B. Monthly Department Report – Public Meeting Staff Comment Mr. Kuhl provided the Planning Commissioners with the list of goals that have been established by the City Council. He spoke briefly on each goal to describe the intention of each item on the list. He also spoke about the preliminary 2023 schedule that will be upcoming at the Planning Commission and briefly discussed the reports attached that summarized the current land use projects and monthly building permits that are provided in the City Administrator’s report to the City Council each month. Public Comment There were no public comments. Commissioner Comment Commissioner Wasinger asked about the status of the Harbor Heights project. Commissioner Mischo asked about Portland Loos. Commissioner Southard asked about the capabilities needed to manage the changes required to expand the Marina. She also mentioned that she’s heard from property owners adjacent to the Harbor Heights project that are concerned about being more informed and would like to be able to share input and/or concerns regarding potential impacts caused by the development of this project. Commissioner Schacht suggested a Planning Commission subcommittee focused on public engagement and bringing in more community feedback. She also had a question regarding the cost difference in port-a- potties and self-cleaning toilet options that she’s seen in other jurisdictions. Commissioner Plumlee asked if there are and specific thresholds or performance indicators that need to be met in the coming year regarding the list of goals and if there are any plans to further define the generalized goals. The Commissioners spoke further about the subcommittee suggestion and will discuss further after more clarification about the Council goal regarding public outreach. Commissioner Southard commented on further exploring how to better engage the community as well. Commissioner Chaszar asked if there have been any studies including public involvement about what the future of Oak Harbor looks like. Commissioner Plumlee suggested a possible solution to the discussed disconnect between the Planning Commission and City Council could be to have an appointed Commissioner attend Council meetings and a Councilor attend Commission meetings. General Comments: There were no additional comments. 5. The next regular business meeting is January 24, 2022. The meeting adjourned at 7:04 PM. Sarah Heller Administrative Assistant Development Services Planning Commission Meeting Minutes November 29, 2022 DRAFT Planning Commission Meeting Page 2 of 2 01/24/2023 Master Page 6 of 44  Planning Commission Public Hearing 2023 Comp Plan Docket January 24, 2023 Planning Commission Meeting 01/24/2023 Master Page 7 of 44  Date: January 04, 2023 City of Oak Harbor Subject: 2023 Comprehensive Plan Planning Commission Report Amendments Docket FROM: Cac Kamak, AICP, Principal Planner, Development Services Department PURPOSE This memo presents the 2023 Comprehensive Plan Amendments Docket. The Oak Harbor Municipal Code requires the Planning Commission to hold a hearing on the Docket at its January meeting and forward a recommendation to the City Council. BACKGROUND / SUMMARY INFORMATION Since the Growth Management Act limits amendments to the comprehensive plan to no more frequently than once a year 1, the City has codified the process to amend the Comprehensive Plan in Oak Harbor Municipal Code Chapter 18.15. The process is initiated in October every year with a notice to the public for potential amendments. Amendments are then compiled into a preliminary docket. The docket items are then discussed with the Planning Commission and the City Council between December and February prior to it being finalized in March. Ongoing Amendments The City has a few items that are currently on the docket that will continue into 2023. • Implementation of the Housing Action Plan (HAP) – This item tracks the action steps outlined in the Housing Action Plan. Currently the SEPA thresholds are under discussion. The City will be hiring consultants in 2023 to investigate some of the more complex action items. • Joint Planning and Urban Growth Area discussions with Island County. The City has formed a working group with the County to work on this issue. • Active Transportation Plan is underway and will be completed in 2023-2024. The intent of the ATP is to find creative ways to use the existing right-of-way to facilitate active transportation. This can include striping, signage, safety, route designations, on street parking, and include policy recommendations to manage the plan over time. • Land Use Changes – In 2022 the Comprehensive Plan was amended to consolidate the Industrial Land Uses in one zoning category. This will require a change in zoning designation for properties. This change will not result in any immediate physical changes or impacts on individual properties nor impact its developability. The consolidation helps eliminate some approval processes thus simplifying the code for all industrial uses. Annual Amendments Opportunities or unforeseen changes impact project schedules and costs. The city reviews the Capital Improvements Plan (CIP) with the City Council every year and make updates to the plan. 1 RCW 36.70A.130(2)(a) 1 Planning Commission Meeting 01/24/2023 Master Page 8 of 44 2022 additions • Downtown/Marina Expansion Study – The City Council has approved a budget that includes partial funding to study some opportunities to expand and or connect Downtown and the Marina. This has been an area of interest to the City for a long time with many ideas and perspectives on what the future should look like. It would be wise to spend some time and effort in 2023 to define a pathway forward. The study will begin scratching the surface of the possibilities for this corridor. Additional funds may be necessary depending on the scope of what the community would like to see included in the study or plan moving forward. • Alternate Street Connection Plan – City engineers are looking at street intersections and connections within Oak Harbor and finding alternate solutions that can prove beneficial for the network in the long run. An example of an alternate connection would be to connect Scenic Height Road to the Swantown Rd and SR 20 intersection. A closer look at future street connections in the southwest can be done as well. Sponsored Amendments Notices are published every year in October/November for accepting applications for Sponsored Amendments (Land Use Changes). The deadline to file an application is December 1 in accordance with OHMC 18.15.040. No applications were received this year. Criteria provided in Downtown / CIP Alternate OHMC Section Marina Study (Annual) Street 18.15.070(2) Connections (a) The proposed Yes Yes Yes amendments are consistent with Growth Management Act (GMA) and the Countywide Planning Policies (CPP). (b) The proposal does not None None None appear to contradict other identified at identified identified at elements, goals and policies this time at this this time within the Comprehensive time Plan. (c) The proposal will Yes Yes Yes implement or further existing goals and policies in the Comprehensive Plan. (d) The proposal would N/A N/A N/A correct an inconsistency within or make a clarification to a provision of the Comprehensive Plan. (e) The proposed TBD Yes TBD amendments have been 2 Planning Commission Meeting 01/24/2023 Master Page 9 of 44  Criteria provided in Downtown / CIP Alternate OHMC Section Marina Study (Annual) Street 18.15.070(2) Connections clearly defined to determine a fairly accurate scope of work. (f) The proposed Yes N/A N/A amendments respond to an expressed desire by the community. (g) The public interest Yes Yes Yes would be best served by considering the proposal in the current year. RECOMMENDED ACTION The Planning Commission is recommended to open a public hearing, take testimony, close the public hearing, and make a recommendation to the City Council. Recommend motion: Move to recommend that the City Council approve the 2023 Comprehensive Plan Amendment Docket items as presented. ATTACHMENTS None 3 Planning Commission Meeting 01/24/2023 Master Page 10 of 44  Planning Commission Public Hearing Amending the Zoning Matrix to Include Open Space January 24, 2023 Planning Commission Meeting 01/24/2023 Master Page 11 of 44  Date: January 24, 2023 City of Oak Harbor Subject: Open Space (OS) Zoning District Planning Commission Report Revisions FROM: Ray Lindenburg, AICP, Senior Planner, Development Services Department PURPOSE Following the adoption of the revised zoning ordinance in October 2021, staff became aware that the Open Space (OS) zone district had not migrated to the new Land Use Matrix found in OHMC 19.20.1050 and the items removed from the original OS section of code were not fully addressed by other revisions completed at that time. Staff proposes rectifying that issue by the following: 1. Clarifying the function of items transferred into OHMC 19.20.1010; 2. Adding text to OHMC 19.20.835, conditions governing permitted or conditional uses in the OS district; 3. Adding an “OS” column to the Land Use Matrix in OHMC 19.20.1050 with permitted and conditional uses shown. BACKGROUND / SUMMARY INFORMATION During 2021, staff worked to make a number of significant changes to the Oak Harbor Municipal Code zoning section, including: • the provision of new standards for horizontal and vertical mixed uses; • revising, creating or deleting over 30 definitions; • deleting over 50 sections from the various zone districts; • replacing those removed sections with a comprehensive land use matrix. This agenda item is to correct an error where the OS zone district had some, but not all aspects of regulation included in the above revisions. Staff has included the ‘original’ OS zone district, as it appeared before October 2021 for reference as Attachment 1. This attachment shows the general format for all zone districts prior to the adoption of the land use matrix. Each zone district had exhaustive lists of different uses that were ‘principal permitted uses,’ ‘accessory permitted uses,’ and ‘conditional uses.’ In practice, this created significant confusion between zone districts, when similar uses appeared under different names between districts, or were listed alternatively as a group of uses (for example: “retail” versus “shoe store”). The matrix was designed to cut down on redundancy, make comparison between districts easier and allow for easier use and interpretation by residents and staff alike. Attachment 2 is the proposed full text of the Land Use Matrix, including existing OHMC 1 Planning Commission Meeting 01/24/2023 Master Page 12 of 44 19.20.1010 ‘Accessory Uses’ – note that some of the uses shown in the original OS zone district in Attachment A are presented here. Section 19.20.1050 is the revised matrix itself, with the OS zone shown in a new column at the far right of the page. Note that the uses presented as permitted or conditional within that column are not verbatim from the original OS district, but after discussion among staff, the intent is to allow for most of the same uses, though potentially with more oversight for higher impact developments such as golf courses or campgrounds. Some existing uses on OS land may be considered legal non-conforming based on this information, though that would be the case if the previously-worded ordinance were still in effect. Finally, Attachment 3 includes an updated list of conditions governing permitted or conditional uses to ensure that potential uses in the OS district have appropriate limitations befitting a district that is intended to, “allow the retention of natural, rural character, open space areas within the city of Oak Harbor, and to allow for annexation of lands to the city without forcing immediate development, and generally conserve the land, water and other natural resources of the city. Further, the OS district is intended to help prevent development of special community resources such as golf courses, wetlands, forest land and farming areas having scenic and other environmental value.” RECOMMENDED ACTION Staff recommends that the Planning Commission open the public hearing and continue the item until February 28, 2023. The commission should review and discuss the proposed ordinance revisions and direct staff for any potential revisions or changes. Staff will be presenting the same information to the City Council in a workshop on January 25, 2023 and will return to the Planning Commission with draft ordinance language for recommendation at a future meeting. ATTACHMENTS 1. ‘Original’ OS Zone district from before October 2021 2. Proposed revised Article XVIII in full for context 3. Proposed revised Article XVI in full for context 2 Planning Commission Meeting 01/24/2023 Master Page 13 of 44  A achment 1: ‘Original’ OS Zone district from before October 2021 January 24, 2023 Planning Commission Meeting 01/24/2023 Master Page 14 of 44 Attachment A: PREVIOUS OS Zone District (before Matrix) – changes in red text Article XVI. OS – Open Space, Recreation and Agriculture 19.20.810 Purpose and intent. The OS open space, recreation and agriculture district is intended to allow the retention of natural, rural character, open space areas within the city of Oak Harbor, and to allow for annexation of lands to the city without forcing immediate development, and generally conserve the land, water and other natural resources of the city. Further, the OS district is intended to help prevent development of special community resources such as golf courses, wetlands, forest land and farming areas having scenic and other environmental value. Except for special circumstances, it is anticipated that this district will be used only for land brought into the city by annexation or for which special tax considerations are already provided by Island County. (Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009). 19.20.815 Principal permitted uses. In the OS district, the following are principal permitted buildings and uses: (1) Agriculture land; (2) Forest land; (3) Outdoor recreation lands such as golf courses, shooting ranges left in natural vegetative state; (4) Wetlands and wildlife habitat dedicated to open space. (Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009). 19.20.820 Accessory permitted uses. In the OS district the following are accessory permitted uses: (1) For an agricultural use, a set of farm buildings including a single-family residence. Nothing herein shall be construed as authorizing the keeping of domestic livestock beyond what is otherwise authorized by ordinance. (2) For forest land, a storage building in which to store items needed for tree management. (3) For recreation land, such as a golf course, storage buildings, signs, club house and caretaker’s residence. (4) Single-family residence otherwise permitted by law. (Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009). 19.20.825 Conditional uses permitted. The following principal uses and their accessory uses may be permitted in an OS district when authorized by the hearing examiner: (1) Private club or lodge on tracts or lots of more than four acres. More than 60 percent of the area must not be hard-surfaced (paved) in building or both building and hard-surfaced area. Areas not hard- surfaced must be in natural vegetation; (2) Campground on tracts or lots of more than two acres. More than 80 percent of the area must not be hard-surfaced (paved) or in buildings or both such buildings and hard-surfaced areas. Areas not hard- surfaced in a building must be in natural vegetation; (3) Radio or television tower where 80 percent of the area must not be hard-surfaced (paved) or in buildings or both such buildings and hard-surfaced areas. Areas not hard-surfaced in a building must be in natural vegetation. (Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009). Planning Commission Meeting 01/24/2023 Master Page 15 of 44 19.20.830 Density provisions. In an OS district, the following density provisions apply: (1) Setbacks for any structure shall be 25 feet from any property line; (2) One dwelling unit per five acres, where residential use is permitted. (Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009). 19.20.835 Conditions governing permitted uses. (1) As a condition to continued designation as “open space,” for any use other than agricultural and residential, the owner shall enter into an agreement with the city allowing public or semi-public access under mutually agreed terms and conditions. (2) Any hard surface parking or roads must be accessory to a permitted use. (Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009). 19.20.840 Site plan and design review required. Site plan and design review shall be required as defined in Chapter 19.48 OHMC. (Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009). Superceded Planning Commission Meeting 01/24/2023 Master Page 16 of 44  A achment 2: Proposed revised Ar cle XVIII in full for context January 24, 2023 Planning Commission Meeting 01/24/2023 Master Page 17 of 44 Attachment B: DRAFT Land Use Matrix Revision – changes in red text Chapter 19.20 ARTICLE XVIII. PERMITTED LAND USE MATRIX BY ZONE DISTRICT 19.20.1000 Purpose and Intent. The purpose of this section is to provide a comprehensive listing of the permitted uses within individual zone districts in the City of Oak Harbor. 19.20.1005 Permitted Uses. Uses listed as permitted within the Land Use Matrix shall be developed to the standards of the underlying zone district, permit process and applicable design criteria found within the Oak Harbor Municipal Code and Design Regulations and Guidelines document. 19.20.1010 Accessory Uses. Uses customarily incidental and subordinate to a use permitted outright on properties subject to the standards and density requirements of the underlying zoning including, but not limited to: 1. Sheds, storage buildings, greenhouses, garages, shops or similar structures 2. Non-commercial Gardening or horticultural activities and structures 3. Parking areas subject to the standards of OHMC 19.44, operated in conjunction with a permitted use 4. Radio, tv, microwave antenna subject to setback and height standards of the underlying zone district 5. Home occupations subject to standards of OHMC 19.34 6. Utilities as part of a permitted development 7. For an agricultural use, a set of farm buildings including a single-family residence. Nothing herein shall be construed as authorizing the keeping of domestic livestock beyond what is otherwise authorized by ordinance. 8. For forest land, a storage building in which to store items needed for tree management. 9. For recreation land, storage buildings, signs, club house and caretaker’s residence. 10. On-site hazardous waste treatment and storage facilities as an accessory use to an activity generating hazardous waste and lawfully allowed in the zone; provided, that such facilities meet the state siting criteria adopted pursuant to the requirements of RCW. 19.20.1020 Conditional Uses. Uses listed as conditional within the Land Use Matrix shall be subject to the standards of OHMC 19.67 and all other applicable standards of the underlying zone district. In the CBD district, there shall be no manufacturing, compounding, processing or treatment of products other than that which is essential to the retail store or business where all such products are sold on the premises; and uses conditionally permitted in the CBD are open, utilized or otherwise operational during regular business hours at least five days per week. Planning Commission Meeting 01/24/2023 Master Page 18 of 44 19.20.1030 Prohibited Uses. The following uses are prohibited: 1. All uses or activities which would require extraordinary equipment, devices or technology for the control of odors, dust, fumes, smoke, noise or other wastes and/or byproducts which, if uncontrolled, would contaminate the environment to a degree unacceptable by contemporary community standards; 2. Uses which would exceed the acceptable limits established by competent and recognized public and quasi-public agencies for the protection of industrial and/or environmental health; 3. Uses not specifically outlined in the following matrix, or interpreted by the director to be of greater impact than listed permitted uses. Such an interpretation may be appealed per the standards of OHMC 18.20.180(3). 19.20.1040 Uses in Shoreline Jurisdiction. Those uses proposed in the Shoreline Jurisdiction shall follow the standards of the underlying zoning district as well as applicable standards within the City of Oak Harbor Shoreline Master Program. 19.20.1050 Permitted Uses. The following matrix lists uses within all zone districts. Cells marked with the letter "P," shall be considered a permitted use; "C," a conditional use; “W” a water-dependent use; and those with “X” indicate a use permitted when at least 250 feet from a residentially-zoned property and conditional when within that distance. PRE R-1 R-2 R-3 R-4 RO CBD C-1 C-3 C-4 C-5 PBP PIP I PF M OS Accessory Dwelling Unit P P P Amusement or Entertainment, Major C P P P Amusement or Entertainment, Minor P P P P P Animal hospital/Veterinary Clinic P P P Assisted living facility or Group Home C C C C C Automobile repair P P P Automobile sales and service P P P P Automobile service station including self service P P P P P Bar, Tavern, or Cocktail Lounge P P P P P Bed and breakfast inn P P P P P Bed and breakfast rooms C C P P P P P Boat and RV sales and repair P P P W Brew Pub P P P P P Campground C C Car wash P P P Cement and asphalt plants P P Cemetery, mausoleum, mortuary or crematorium C C C C C C C C Churches, rectories, convents or similar C C C C C C C C C P Planning Commission Meeting 01/24/2023 Master Page 19 of 44  PRE R-1 R-2 R-3 R-4 RO CBD C-1 C-3 C-4 C-5 PBP PIP I PF M OS College or parochial school and supporting dormitory C C C C C C C C C C Community services C C C C C P Conference Center C C P P P P C Dog Kennel P P Enclosed Public utility or communications facility C C C C C C C C C C C C Equipment rental P C P Excavations, other than simple foundation C C C C C C C C C C Extended stay motel P Forest, Wetland, or other natural land P Fuel yard C C C Golf course C C C C C C Government facilities C C C C C C C C C C C C C P P Gymnasium or stadium in connection with a school C C C C C Health club or training facility C C P P P P P P Hospital C C C C C Hotel and Motel P P P P C Landfills, reclamation to improve steep, low or C C C C C C C C C otherwise unusable land C Light Industrial P P P W Marijuana Related Uses subject to OHMC 19.22 P P Marina, float plane or boat launch facility P Medical or Dental clinic P P P P P P Mixed-use, Horizontal P P P Mixed-use, Vertical P P P P Mobile and modular home sales C P P P Museums P P P P P P Off-site hazardous waste treatment/storage facilities C Outdoor use/storage C C C C P C P P P P P Parking lots or garages not a part of a permitted use C C C C C C C C C C C C C C Private nursery school, day care or kindergarten, P P P P P P Private nursery school, foster home, kindergarten, or C C C C C C C C C child day care, not qualifying as a home occupation Private park or clubhouse C C C C C P C P C Professional offices P P P P P P P P Public and private schools P Public parks P P P P Public school C C C C C Public transportation shelter stations C C C C C C C C C C C C C C Public utilities P C C Caretaker’s quarters C C C C C P P C P Radio and television broadcasting towers C C C C C C C Residential, Planned Residential Development subject P P P P P P to OHMC 19.31 Planning Commission Meeting 01/24/2023 Master Page 20 of 44  PRE R-1 R-2 R-3 R-4 RO CBD C-1 C-3 C-4 C-5 PBP PIP I PF M OS Residential, Duplexes C P P P P Residential, Manufactured home subdivision under P P P P P OHMC 19.08.565 Residential, Multifamily P P P P Residential, Single Family P P P Restaurant, including sidewalk cafes C P P P P P P P P W Restaurants, with drive-thru X X X X Retail Farm and Garden Supplies and nursery, Major P P P P Retail Farm and Garden Supplies and nursery, Minor P P P P Retail Sales, Major P P P W Retail Sales, Minor P P P P P P P P Retail Service, Major X X X X Retail Service, Minor P P P P P P P P Retail Workshop P P P P P Self-storage facilities P P P W Skilled nursing facility C C C C C Transmission lines and other primary facilities C C Vocational and tech schools P Warehousing and distribution centers P P Wholesale warehouse or storage establishments C C Wrecking yard C Uses as defined by the planning director to be similar P P P P P P P P P P P P P P P P P to other permitted uses allowed in the district Uses as defined by the planning director to be similar C C C C C C C C C C C C C C C C C to other conditional uses in the district Planning Commission Meeting 01/24/2023 Master Page 21 of 44  A achment 3: Proposed revised Ar cle XVI in full for context January 24, 2023 Planning Commission Meeting 01/24/2023 Master Page 22 of 44 Attachment C: DRAFT OS Zone District Revision – changes in red text Article XVI. OS – Open Space, Recreation and Agriculture 19.20.810 Purpose and intent. The OS open space, recreation and agriculture district is intended to allow the retention of natural, rural character, open space areas within the city of Oak Harbor, and to allow for annexation of lands to the city without forcing immediate development, and generally conserve the land, water and other natural resources of the city. Further, the OS district is intended to help prevent development of special community resources such as golf courses, wetlands, forest land and farming areas having scenic and other environmental value. Except for special circumstances, it is anticipated that this district will be used only for land brought into the city by annexation or for which special tax considerations are already provided by Island County. (Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009). 19.20.830 Density provisions. In an OS district, the following density provisions apply: (1) Setbacks for any structure shall be 25 feet from any property line; (2) One dwelling unit per five acres, where residential use is permitted. (Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009). 19.20.835 Conditions governing permitted or conditional uses. (1) As a condition to continued designation as “open space,” for any use other than agricultural and residential, the owner shall enter into an agreement with the city allowing public or semi-public access under mutually agreed terms and conditions. (2) Any hard surface parking or roads must be accessory to a permitted use. (Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009). (3) Outdoor use such as golf, shooting range or similar is permitted if the land is left in its natural vegetated state. (4) For existing agricultural use, no indoor growing operations are permitted. (5) Campground on tracts or lots of more than two acres. More than 80 percent of the area must not be hard-surfaced (paved) or in buildings or both such buildings and hard-surfaced areas. Areas not hard- surfaced in a building must be in natural vegetation. (6) Private club or lodge on tracts or lots of more than four acres. More than 60 percent of the area must not be hard-surfaced (paved) in building or both building and hard-surfaced area. Areas not hard- surfaced must be in natural vegetation. (7) Radio or television tower where 80 percent of the area must not be hard-surfaced (paved) or in buildings or both such buildings and hard-surfaced areas. Areas not hard-surfaced in a building must be in natural vegetation. 19.20.840 Site plan and design review required. Site plan and design review shall be required as defined in Chapter 19.48 OHMC. (Ord. 1573 § 1, 2010; Ord. 1555 § 8, 2009). Planning Commission Meeting 01/24/2023 Master Page 23 of 44  Planning Commission Public Mee ng Monthly Department Update January 24, 2023 Planning Commission Meeting 01/24/2023 Master Page 24 of 44  Date: January 24, 2022 City of Oak Harbor Subject: Monthly Department Report: Planning Commission Report 2022 Planning Commission Annual Report to City Council FROM: David Kuhl, AICP, Director, Development Services Department PURPOSE The Planning Commission presents an Annual Report to the City Council of the prior year’s accomplishments and work program for the coming year. BACKGROUND / SUMMARY INFORMATION Staff has drafted the report for 2022; the work program for 2023; and prepared the action details based on approved meeting minutes. Staff requests that the Commission review the report and work program for 2023 and consider any recommendations that they would like to forward to City Council. RECOMMENDED ACTION Forward 2022 Annual Report to City Council for their information ATTACHMENTS 1. 2022 Planning Commission Report to City Council 1 Planning Commission Meeting 01/24/2023 Master Page 25 of 44  A achment 1: 2022 Planning Commission Report to City Council January 24, 2023 Planning Commission Meeting 01/24/2023 Master Page 26 of 44  Photo Courtesy of Cac Kamak CITY OF OAK HARBOR PLANNING COMMISSION ANNUAL REPORT TO THE CITY COUNCIL 2022 Planning Commission Meeting 01/24/2023 Master Page 27 of 44  Table of Contents Section 1: Accomplishments Summary of 2022 Accomplishments…………………………………………………………………….Page 3 Section 2: Work Program Proposed 2023 Work Program…………………………………………………………………………….Page 5 Section 3: Recommendations to the City Council General Recommendations to the City Council………………………………………………..….Page 8 Section 4: Action Details 2022 Action Details…………………………………….……………………………………………………….Page 10 Section 5: Code Compliance 2022 Activity Summary ……………………………………………………………………………………….Page 15 2022 Planning Commission Members Greg Wasinger, Chair Bruce Freeman, Vice Chair Kristy Southard Sarah Schacht Andy Plumlee John Chaszar Stephenie Mischo Planning Commission Meeting 01/24/2023 Master Page 28 of 44 Planning Commission’s Annual Report to the City Council 2022 Section 1: Accomplishments Planning Commission 2022 Annual Report to the City Council Page 2 Planning Commission Meeting 01/24/2023 Master Page 29 of 44  Summary of 2022 Accomplishments  Plans and Policies recommended approved:  Adopted the 2021 Comprehensive Plan Amendments (Ordinance No. 1946), which included the Capital Improvements Plan (CIP) and Housing Action Plan addition to list of Implementing Documents.  Adopted the 2022 Comprehensive Plan Amendments (Ordinance No. 1966), which included the Capital Improvements Plan (CIP) and updates to the Land Use Element, Joint Planning Area, and Active Transportation Plan.  Oak Harbor Municipal Code (OHMC) Amendments recommended adopted:  Ordinance No. 1874, amending OHMC Sections 18.20.260, 18.20.270, 19.75.20, and 18.40.100 regarding site specific rezones.  Ordinance No. 1953, amending OHMC Section 19.20 regarding residential density standards in the R-1, R-2 and R-3 zone districts.  Ordinance No. 1950, amending OHMC Sections 8.05.50, 8.05.020, 19.42.050, and 19.20.730  Ordinance No. 1959, amending OHMC Chapters 19.25, 19.31, and 20.12.  Ordinance No. 1958, amending Oak Harbor Municipal Code Chapter 19.28 ‘Limitation of Uses’, to add Sections 19.29.055 and 19.28.065.  Ordinance No. 1962, amending OHMC Section 8.05.020 regarding existing buildings.  Staff Related Accomplishments:  Ginger Pennington – Completed Building Official Certification  Bryan Colbert - Completed Certification in Plumbing  Cac Kamak – Promoted to Principal Planner  Ray Lindenburg – Promoted to Senior Planner  Sarah Heller – Promoted to Senior Administrative Assistant  Strength Finder Training: Continuous Improvement training including the Planning, Building, Code Enforcement, Public Works, and Finance departments Planning Commission 2022 Annual Report to the City Council Page 3 Planning Commission Meeting 01/24/2023 Master Page 30 of 44 Planning Commission’s Annual Report to the City Council 2022 Section 2: Proposed 2023 Work Program Planning Commission 2022 Annual Report to the City Council Page 4 Planning Commission Meeting 01/24/2023 Master Page 31 of 44  Description of 2023 Proposed Work Program Items 2023 Comprehensive Plan Amendments Docket In accordance with OHMC Section 18.15.040, the City must annually update its Comprehensive Plan and present a docket of proposed items to the public and the Planning Commission. Docketed items will be worked on throughout the year, culminating in the 2023 Comprehensive Plan Amendments in the fall. 2023 Comprehensive Plan Amendments Once the Planning Commission has undertaken work on the 2023 docketed Comprehensive Plan Amendments, the items moving forward as formal amendments will come before the Planning Commission in the fall. Housing Action Plan Implementation We will continue to implement recommendations from the Housing Action Plan (HAP). There will be Zoning Ordinance amendments that will move forward in the coming year that will lead to additional housing opportunities for the community. Potential Code Changes • Housing - complete re-write of the Accessory Dwelling Unit regulations • Housing - extension of building permits to two years • Collect plan check fee for building reviews at submittal • Housing – multi-family tax exemption • Housing – continue process to raise SEPA exemption levels • Setback encroachments for bay windows, chimneys, architectural features • Small cell fee ordinance • New module for LAMA – code enforcement program • CUP update to allow one property owner to take over the use from the prior property owner as well as update to the CUP list • Land Use Fee Schedule Changes Planning Commission 2022 Annual Report to the City Council Page 5 Planning Commission Meeting 01/24/2023 Master Page 32 of 44 Other ongoing projects and work conducted by the Development Services Department: • Annexations • Shoreline Permits • Building Plan Review and Permitting • Development Agreements • Site Plans • Subdivisions • Continued LAMA Permit System improvements • Marina/Downtown Plans - CIP project updates/scope, etc. • Business License Coordination • Continued work on Kaizen (Lean) • Implement Housing Action Plan • Active Transportation Plan • Main Street Association Support • Joint Planning Area/UGA Ongoing Environmental Projects: • Stormwater NPDS Phase II Conformance • Windjammer Shoreline Upcoming Projects: • SEPA threshold limits amendments • Multi-family Tax Exemption • Partner w/County – IGA/housing • 2023-25 Comp Plan update Planning Commission 2022 Annual Report to the City Council Page 6 Planning Commission Meeting 01/24/2023 Master Page 33 of 44 Planning Commission’s Annual Report to the City Council 2022 Section 3: Planning Commission General Recommendations to City Council Planning Commission 2022 Annual Report to the City Council Page 7 Planning Commission Meeting 01/24/2023 Master Page 34 of 44  Planning Commission General Recommendations to City Council 1. None Planning Commission 2022 Annual Report to the City Council Page 8 Planning Commission Meeting 01/24/2023 Master Page 35 of 44 Planning Commission’s Annual Report to the City Council 2022 Section 4: Planning Commission 2022 Action Details Planning Commission 2022 Annual Report to the City Council Page 9 Planning Commission Meeting 01/24/2023 Master Page 36 of 44  Planning Commission 2022 Action Details JANUARY 25, 2022 2022 COMPREHENSIVE PLAN DOCKET – PUBLIC HEARING Staff will provide the Planning Commission the items that are currently on the Preliminary 2022 Comprehensive Plan Amendment Docket. The Planning Commission is required to hold a hearing on the docket and forward it to the City Council for action. ACTION: Commissioner Freeman moved to recommend approval to the City Council the 2022 Comprehensive Plan Amendments Docket as presented. Commissioner Marshall seconded the motion. With all in favor, the motion carried unanimously. DIMENSIONAL STANDARDS – Public Meeting Staff will discuss potential zoning code updates pertaining to dimensional standards. NO ACTION. MONTHLY DEPARTMENT REPORT – Public Meeting Staff will present a regular update of any planning related Council actions, current planning items, long- range planning items, as well as some training items for Commissioners. NO ACTION. PLANNING COMMISSION ANNUAL REPORT TO CITY COUNCIL – Public Meeting The Planning Commission will review the draft annual report to the City Council. The annual report is a summary of Planning Commission’s accomplishments in 2021 and proposed work program for 2022. NO ACTION. FEBRUARY 22, 2022 2021 COMP PLAN/CIP AMENDMENTS – PUBLIC HEARING The Planning Commission will hold a public hearing on the 2021 Comprehensive Plan Amendments that will incorporate the Housing Action Plan and update the Capital Improvement Plan. ACTION: Commissioner Plumlee moved to recommend approval to the City Council the 2021 Comprehensive Plan and Capital Improvements Plan as presented. Commissioner Southard seconded the motion. With all in favor, the motion carried unanimously.. SITE SPECIFIC REZONE CODE AMENDMENT – Public Meeting Staff will discuss an amendment to Section 19.20.730 to delete redundant language relating to permitted uses in the Industrial Zone and an amendment to Sections 18.20.260, 18.20.270 and 19.75.020 regarding the rezone process. NO ACTION. Planning Commission 2022 Annual Report to the City Council Page 10 Planning Commission Meeting 01/24/2023 Master Page 37 of 44 GRAVEL LOTS IN CITY PARKS: DISCUSSION – Public Meeting Staff will initiate a discussion on using gravel as a surface for large public parks such as the proposed Harbor Heights Park and how to incorporate them into the municipal code. NO ACTION. MONTHLY DEPARTMENT REPORT – Public Meeting Staff will present a regular update of any planning related Council actions, current planning items, and long-range planning items. NO ACTION. MARCH 22, 2022 - MEETING CANCELLED APRIL 26, 2022 SITE SPECIFIC REZONE CODE AMENDMENT – PUBLIC HEARING Staff will present an amendment to Section 18.20.260 "Review process IV", 19.75.020 "Procedure", 18.20.270 "Review process V", 18.40.100 "Powers", regarding the rezone process for site specific rezones. ACTION: Commissioner Plumlee moved to recommend approval of the text amendment to the City Council regarding site specific rezones, OHMC Section 18.20.260, 18.20.270, 19.75.20, and 18.40.100. Commissioner Chaszar seconded the motion. With all in favor, the motion carried unanimously. ACTIVE TRANSPORTATION PLAN – Public Meeting Staff will provide a presentation on what an active transportation is and what to expect as the is making effort to develop an Active Transportation Plan. NO ACTION. HOUSEKEEPING CODE CHANGES – Public Meeting Staff will present four housekeeping items proposed for consideration. The proposed code changes include: 1) updating requirements for fire sprinklers, 2) updating the existing building code to match the non-conforming code, 3) clarifying a code change that created the new zoning matrix, and 4) eliminate the need for the owner to occupy the site of an accessory dwelling unit. NO ACTION. MONTHLY DEPARTMENT REPORT – Public Meeting Staff will present a regular update of any planning related Council actions, current planning items, and long-range planning items. NO ACTION. Planning Commission 2022 Annual Report to the City Council Page 11 Planning Commission Meeting 01/24/2023 Master Page 38 of 44  MAY 24, 2022 DENSITY STANDARDS CODE AMENDMENT – PUBLIC HEARING Staff will present a draft ordinance changing density standards for residential zone districts. The changes will allow for smaller lot sizes based on revised density calculations in an effort to utilize existing land, allow for easier infill projects, and increase affordability in residential development more efficiently. ACTION: Commissioner Mischo moved to recommend approval to the City Council, amending OHMC Section 19.20 regarding residential density standards in the R- 1, R-2 and R-3 zone districts. Commissioner Chaszar seconded the motion. With all in favor, the motion carried unanimously. HOUSEKEEPING CODE AMENDMENTS – PUBLIC HEARING Oak Harbor Municipal Code Text Amendment “Housekeeping” relating to fire sprinklers, existing building code, industrial provisions, and accessory dwelling units. ACTION: Commissioner Chaszar moved to recommend approval of text amendments to the Oak Harbor Municipal Code relating to “Housekeeping”. Commissioner Plumlee seconded the motion. With 4 commissioners in favor, 1 opposed, the motion carried. STORMWATER MANUAL ADOPTION – PUBLIC HEARING The current NPDES permit requires the City to adopt the 2019 Stormwater Management Manual for Western Washington. Following this Public Hearing, the Planning Commission will send their recommendation to the City Council. ACTION: Commissioner Chaszar moved to recommend adoption of Ordinance No. 1945 to the City Council, amending OHMC Sections 12.30.310; 12.30.311; 20.02.020(71), and 21.10.70(34) and adopting the 2019 Stormwater Management Manual for Western Washington. Commissioner Schacht seconded the motion. With all in favor, the motion carried unanimously. 2022 COMP PLAN AMENDMENTS – Public Meeting Staff will begin the discussion on items that are on the 2022 docket related to the Land Use Element. The discussion will cover some of the land use anomalies in the Future Land Use map and consider options. NO ACTION. MONTHLY DEPARTMENT REPORT – Public Meeting Staff will present a regular update of any planning related Council actions, current planning items, and long-range planning items. NO ACTION. Planning Commission 2022 Annual Report to the City Council Page 12 Planning Commission Meeting 01/24/2023 Master Page 39 of 44  JUNE 28, 2022 COMMISSION BYLAWS REVIEW – Public Meeting Review and discussion of updates to the Commission’s bylaws. NO ACTION. 2022 COMP PLAN AMENDMENTS – Public Meeting Staff will continue the discussion on items that are on the 2022 docket related to the Land Use Element. The discussion will cover some of the land use anomalies in the Future Land Use map and consider options. NO ACTION. CAO AMENDMENTS – Public Meeting Staff will present proposed amendments to the critical areas code based on the study performed as part of the Shoreline Master Program Update. NO ACTION. MONTHLY DEPARTMENT REPORT – Public Meeting Staff will present a regular update of any planning related Council actions, current planning items, and long-range planning items NO ACTION. JULY 26, 2022 CRITICAL AREAS ORDINANCE (CAO) AMENDMENTS – PUBLIC HEARING Staff will respond to questions on the proposed amendments and seek the Planning Commission’s recommendation to the City Council. ACTION: Commissioner Chaszar moved recommend adoption of Ordinance No. 1959 to the City Council, amending OHMC Sections 19.25 (Manufactured Home Parks and Subdivisions); 19.31 (Planned Residential Developments) and 20.12 (General Critical Areas Regulations) to provide consistency with the City’s adopted Shoreline Master Program. Commissioner Freeman seconded the motion. With all in favor, the motion carried unanimously. HEIGHT LIMIT TEXT AMENDMENTS – PUBLIC HEARING Staff will present proposed amendments to the height limits for structures deemed as culturally significant, artistic or a sculpture in a Public Facilities District. ACTION: Commissioner Freeman moved to recommend the adoption of the proposed text amendment to the Oak Harbor Municipal Code Chapter 19.28 ‘Limitation of Uses’, to add Sections 19.29.055 and 19.28.065. Commissioner Plumlee seconded the motion. With all in favor, the motion carried unanimously. Planning Commission 2022 Annual Report to the City Council Page 13 Planning Commission Meeting 01/24/2023 Master Page 40 of 44 2022 COMP PLAN AMENDMENTS – Public Meeting Staff will continue the discussion on items that are on the 2022 docket related to the Land Use Element. The discussion will cover some of the land use anomalies in the Future Land Use map and consider options. NO ACTION. COMMISSION BYLAWS REVIEW – Public Meeting Continued review and discussion of updates to the Commission’s bylaws. NO ACTION. MONTHLY DEPARTMENT REPORT – Public Meeting Staff will present a regular update of any planning related Council actions, current planning items, and long-range planning items. NO ACTION. AUGUST 23, 2022 - MEETING CANCELLED SEPTEMBER 27, 2022 AMENDMENTS: BUILDING AND SPRINKLER CODE REQUIREMENTS – PUBLIC HEARING Amending Title 8 of the Oak Harbor Municipal Code relating to fire features in buildings and existing building code. ACTION: Commissioner Schacht moved recommend to the City Council approval of the text amendment to the Oak Harbor Municipal Code relating to “Building and Sprinkler Code Requirements”. Commissioner Chaszar seconded the motion. With all in favor, the motion carried unanimously ADOPTION OF BYLAWS – Public Meeting The Planning Commission will review and vote on the updated bylaws document. NO ACTION. 2022 COMP PLAN AMENDMENTS AND CIP DISCUSSION – Public Meeting Staff will continue the discussion on items that are on the 2022 docket. NO ACTION. MONTHLY DEPARTMENT REPORT – Public Meeting Staff will present a regular update of any planning related Council actions, current planning items, and long-range planning items. NO ACTION. OCTOBER 25, 2022 SEPA THRESHOLDS DISCUSSION – Public Meeting Staff will review what development levels or thresholds trigger a SEPA checklist and what options exist for raising the thresholds. NO ACTION. Planning Commission 2022 Annual Report to the City Council Page 14 Planning Commission Meeting 01/24/2023 Master Page 41 of 44 2022 COMPREHENSIVE PLAN AND CIP UPDATE – Public Meeting Staff will continue the discussion on items that are on the 2022 docket. NO ACTION. MONTHLY DEPARTMENT REPORT – Public Meeting Staff will present a regular update of any planning related Council actions, current planning items, and long-range planning items. NO ACTION. NOVEMBER 29, 2022 2022 COMPREHENSIVE PLAN AMENDMENTS AND CAPITAL IMPROVEMENTS PLAN – PUBLIC HEARING The Planning Commission will hold a public hearing on the amendments. The amendments include adopting an updated Future Land Use Map, edits to the Industrial Land Use, and updates to projects in the Capital Improvements Plan. ACTION: Commissioner Chaszar moved to recommend that the City Council adopt the proposed Comprehensive Plan Amendments and the six-year Capital Improvements Plan. Commissioner Mischo seconded the motion. Commissioner Schacht abstained. With five commissioners in favor, the motion carried. MONTHLY DEPARTMENT REPORT – Public Meeting Staff will present a regular update of any planning related Council actions, current planning items, and long-range planning items. NO ACTION. DECEMBER 20, 2022 – MEETING CANCELLED Planning Commission 2022 Annual Report to the City Council Page 15 Planning Commission Meeting 01/24/2023 Master Page 42 of 44 Planning Commission’s Annual Report to the City Council 2022 Section 5: Code Compliance 2022 Activity Summary Planning Commission 2022 Annual Report to the City Council Page 16 Planning Commission Meeting 01/24/2023 Master Page 43 of 44  CITY OF OAK HARBOR OFFICE OF CODE COMPLIANCE 865 SE Barrington Drive Oak Harbor, WA 98277 (360) 279-4516 Code Compliance Activity Summary 2022 Open Cases from previous year(s): 5 Complaints taken in 2022: 99 Issues: Building Code 7 Environmental 3 Fences & Hedges 4 Illicit Discharge 1 Noise 1 Other Agency Assist 4 Outside Storage 2 Sidewalk/Street/ROW 10 Signs 12 Trash/Litter/Illegal Dumping 13 Vegetation 27 Vehicle 3 Zoning 2 Miscellaneous 14 Total: 104 Open Cases for 2022: 7 All Open Complaints: 12 Total Cases since 1/1/19: 468 Case Closure Rate: 97.4% Planning Commission 2022 Annual Report to the City Council Page 17 Planning Commission Meeting 01/24/2023 Master Page 44 of 44