Planning Commission Meeting

Agenda-AMENDED City of Ocean Shores Planning Commission Meeting ***AMENDED*** Join Zoom Meeting Online Click Here Join Zoom Meeting by Phone Phone Number: 1.253.215.8782 US Meeting ID: 910 4337 7936 Passcode: 983251 Tuesday 130 Oyhut Bay Blvd. February 22, 2022 Suite 102 2:00 PM Ocean Shores, WA 98569 Page Call to Order Roll Call Approval of Meeting Agenda Approval of Minutes 3-4 1. Approval of minutes for the Regular City of Ocean Shores Planning Commission Meeting on February 8, 2022 - AMENDED Public Comments Planning Commission is accepting written Public Comments to be sent via email to the City Clerk at slogan@osgov.com no later than 1:00 p.m. February 22, 2022 Old Business 2. B-1 Zone Camping and Mayor's Letter - AMENDED • Presented by: Planning Commission Chair, Dan Bricker New Business 5-8 3. Ocean Shores Municipal Code 17.50.210 - Minimum Size Dwelling • Presented by: Planning Commission Chair, Dan Bricker Discussion Reports Page 1 of 8 Page 4. Planning Commission Member(s) Report • Dan Bricker • Gary Pease • Thorn Ward • Eleanor Dorman • Richard Wills • Patrick Brunstad Future Meeting Item(s) and Meeting Date March 8, 2022 at 2:00 p.m. Adjourn _________________________________________________________ Public Notice: • Persons requiring auxiliary aids or special arrangements in order to participate in meetings should call 360.940.7498 at least two business days prior to the scheduled meeting. Page 2 of 8  MINUTES Ocean Shores Planning Commission Regular Meeting Tuesday, 2/8/2022 – 2:00 p.m. 130 Oyhut Bay Blvd. Suite 102 Minutes taken by: Commissioner Pease 1. Call to Order Chair Dan Bricker called the meeting to order at 2:00 p.m. 2. Roll Call Planning Commissioners present: Dan Bricker, Eleanor Dorman, Richard Wills, Gary Pease Planning Commissioners absent: • Commissioner Wills made a motion to excuse Commissioner Brunstad. • Commissioner Dorman seconded the motion. The motion passed unanimously. City Staff present: City Planner Marshall Read, City Clerk Sara Logan 3. Approval of Meeting Agenda • Commissioner Wills moved to approve the meeting agenda. • Commissioner Pease seconded the motion. The motion passed or unanimously. 4. Approval of Minutes • Commissioner Dorman moved to approve the amended meeting minutes from 1/28/2020. • Commissioner Wills seconded the motion. The motion passed unanimously. 5. Public Comments No public comments 6. Reports: No reports 7. Continued Business: • Commission continued to discuss allowing temporary construction housing (RV camping) in B-1 zones as well as temporary construction in all zones. • Commissioner Wells moved that temporary construction housing be allowed in both residential and commercial zones in accordance with current codes applied to residential zones. The motion passed with 3 yes votes and 1 no vote by Planning Commissioner Dorman. • Commissioner Pease moved that temporary construction housing be permitted for one year, with subsequent six months extension possible, subject to continued construction in accordance with an approved new construction building permit. The motion passed with 3 yes votes and 1 no vote by Planning Commissioner Dorman. 8. New Business: • Commissioner Dorman requested that the issue of “pyramid” zoning be discussed at a future meeting Page 1 of 2 1. Approval of minutes for the Regular City of Ocean Shores Planning Com... Page 3 of 8  9. Members of the Commission Reports • None • 10. Secretary for Next Meeting Chair Dan Bricker appointed Commissioner Brunstad as secretary for the 2/22/2021 Meeting. 11. Future Meetings • Next meeting is at 2:00 p.m. on 2/22/2022. • The library meeting room is unavailable from February 4th through possibly April as the library meeting room is reserved for income tax filing assistance. Consequently, the next planning commission meeting is scheduled to be held at 130 Oyhut Bay Blvd. Suite 102, (the retail space next to the yoga studio in the Oyhut development project), Ocean Shores, WA 98569. • Prior to attending, please confirm the meeting location on the official agenda. The agenda is easily accessed by clicking on the meeting posted on the city calendar at the bottom of the city website homepage at www.osgov.com. 12. Adjournment • Commissioner Dorman moved to adjourn. • Commissioner Pease seconded the motion. Motion passed unanimously. • Chair Bricker adjourned the meeting at approximately 3:45 p.m. Page 2 of 2 1. Approval of minutes for the Regular City of Ocean Shores Planning Com... Page 4 of 8  Planning Department 548 Point Brown Ave — Suite B 360-940-7746 City Planner - Administrative Code Interpretation for Title 17 Zoning File No. 0820 - 0001 Date Issued: February 12, 2020 Subject of Interpretation: Interpretation of the minimum square footage for the main floor area of a structure. Zoning Code Section Number: Architectural Features 17.50.210 (D) Associated Code Section Numbers: 1704.155 (Dwelling), 17.04.160 (Dwelling, multiple), & 17.04.175 (Dwelling unit) Cause for Interpretation: Does Section 17.50.210 (D) regulate each specific Dwelling Unit’s size with a minimum square footage standard within the overall structure? Authority to Interpret the Zoning Code: Sections 1704.430 & 17.06.040 Interpretation: Section 17.50.210 (D) states “No dwelling shall be permitted on any lot wherein the main floor area of the main structure, exclusive of open porches and garages, shall be less than the minimum floor space shown in the following schedule: Division Number Minimum in Square Feet 1, 2, 3, 4, 5, 5A, 6, 7, 8, 650 9 10, 11 800 12 650-—excluding trailers and mobile homes. 14, 15, 16, 17, 21 800—on waterfront lots. 650—all other lots. 17A, 18, 19, 19A, 20, 1,000—-on waterfront lots. 22‘ 23’ 24’ 24A 800—alI other lots. 3. Ocean Shores Municipal Code 17.50.210 - Minimum Size Dwelling Present... Page 5 of 8  The definition for “Dwelling” under 17.04.155 states “Dwelling” means a building designed exclusively for residential purposes, including one-family, two-family and multiple dwellings, but not including hotel or motel units designed for short-term occupancy. The definition for “Dwelling Unit” under 17.04.’! 75 states “Dwelling unit” means one or more rooms designed for one family for living and sleeping purposes and containing ‘ complete housekeeping facilities for one family. All rooms comprising a dwelling unit shall have access through an interior door to other parts of the dwelling unit. The definition for “Multiple dwelling” states “Multiple dwelling” means a building designed exclusively for occupancy by three or more families living separately from each other and containing three or more dwelling units. Since “Dwelling” and “Dwelling unit” are each specifically defined, it is clear they both have different meanings when applied to specific code sections within Title 17. Since the word “Dwelling”was used for 17.50210 (D) and has a specific definition of meaning a “Building”and not a “Dwelling unit” it is clear that this section of the code is referring to regulations that are specific to a “Building and/or Structure” minimum size limitand not that of an individual “Dwelling unit,” which has its own specific definition. Section 17.50.210 (D) regulates the size of the building andior structure and not that of each individual “Dwelling unit” within the building and/or structure. If this section was intended for regulating each individual “Dwelling unit” within the building and/or structure then the word “Dwelling unit” would have been used in place of “Dwelling.” ead Planner Page 2 of 2 3. Ocean Shores Municipal Code 17.50.210 - Minimum Size Dwelling Present... Page 6 of 8  Planning Department P.O. Box 909 Ocean Shores, WA 98569 City Planner — Administrative Code Interpretation For Title 17 Zoning File No.: OS21 — 0001 Date Issued: October 28, 2021 Subject of Interpretation: Interpretation ofthe minimum square footage for the main floor area of a Building. Zoning Code Section Number: Architectural Features 17.50.210 (D) Associated Code Section Numbers: 17.04.155 (Dwelling), 17.04.160 (Dwelling, multiple), & 17.04.175 (Dwelling Unit), 17.04.075 (Building) Cause for Interpretation: Does Section 17.50.210 (D) regulate each specific Dwelling Unit's size with a minimum square footage standard within a multi-unit structure? Authority to Interpret the Zoning Code: Sections 17.04.430 & 17.06.04O Interpretation: Section 17.50.210 (D) states "No dwelling shall be permitted on any lot wherein the main floor area ofthe main structure, exclusive of open porches and garages, shall be less than the minimum floor space shown in the following schedule: Division Number Minimum in Square Feet 1, 2, 3, 4, 5, 5A, 6, 7, 8, 9 650 10, 11 800 12 650-excluding trailers and mobile homes. 14, 15, 16, 17, 21 800- on waterfront lots. 650 on all other lots. — 17A, 18, 19, 19A, 20, 22, 23, 24, 24A 1000 on waterfront lots. — 800 on all other lots. — 1|Page 3. Ocean Shores Municipal Code 17.50.210 - Minimum Size Dwelling Present... Page 7 of 8  The definition for ”Dwe|ling” under 17.04.155 states ”Dwe|ling” means a building designed exclusively for residential purposes, including one—fami|y,two—fami|yand multiple dwellings, but not including hotel or motel units designed for short-term occupancy. The definition for "Dwelling Unit” under 17.04.175 states ’’Dwelling Unit” means one or more rooms designed for one family for living and sleeping purposes and containing complete housekeeping facilities for one family. All rooms comprising a dwelling unit shall have access through an interior door to other parts of the dwelling unit. The definition for ’’Multiple dwelling” states "Multiple dwelling” means a building designed exclusively for occupancy by three or more families living separately from each other and containing three or more dwelling units. Both definitions for "Dwe||ing” and "Multiple dwelling” are referring to a building. The definition of a Building as defined in 17.04.075 ”Bui|ding” means a structure having a roof and intended for the shelter, housing or enclosure of any person, animal or chattel. When any Qrtion thereof is completely separated from every othgp_ortion Qua masonry division or firewall without any window:door or other opening therein, which will extend from the ground to the upper surface of the roof at everLp_oint, then each such_g>rtion shall be deemed to be a separate building. This underlined section of the definition would pertain to any type of common wall construction where the intent is to create more than a single occupancy dwelling. Since ”Dwe|ling , Dwelling unit” and ’'Building’’are each specifically defined, it is clear that all II (I three have different meanings when applied to specific code sections within Title 17. The word ”Dwelling” was used for 17.50.210 (D) and has a specific definition of meaning a "Building” designed exclusively for residential purposes. This means each building if it is a single non- separated structure, or portion ofthe structure that is separated with a common wall and deemed a separate building shall meet the minimum size limit specified in the table. Section 17.50.210 (D) regulates the main floor area of the dwelling (building), whether it be a single dwelling structure or a multi dwelling structure. If this section was intended for regulating the overall main floor area of the structure then the term "main building” in accordance with Section 17.04.095 would have been used. Marshall Read City Planner 2|Page 3. Ocean Shores Municipal Code 17.50.210 - Minimum Size Dwelling Present... Page 8 of 8