Planning Commission Meeting

Agenda City of Ocean Shores Planning Commission Meeting Join Zoom Meeting Online Click Here Join Zoom Meeting by Phone Phone Number: 1.253.215.8782 US Meeting ID: 879 0009 9056 Passcode: 586416 Tuesday Ocean Shores Library December 13, 2022 573 Point Brown Ave. NW 2:00 PM Ocean Shores, Washington 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 November 8, 2022 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 PM December 13, 2022 Old Business 5-8 2. Building Lot Coverage • Presented by: Planning Commission Chair, Gary Pease 9 - 13 3. Gateway District • Presented by: Planning Commission Chair, Gary Pease 14 - 15 4. Lot Clearing • Presented by: Planning Commission Chair, Gary Pease Page 1 of 17 Page New Business Discussion 16 - 17 5. Shoreline Lots • Led by: City Planner Marshall Read Reports 6. Planning Commission Member(s) Report • Dan Bricker • Brian Bachman • Thorn Ward • Gary Pease • Eleanor Dorman • Kerry Barr • Paul Schulz Future Meeting Date December 27, 2022 at 2:00 PM 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 17  MINUTES Ocean Shores Planning Commission Regular Meeting Tuesday, 11/8/2022 – 2:00 p.m. Ocean Shores Public Library Meeting Room 573 Point Brown Ave NW, Ocean Shores, WA Minutes taken by Commissioner Bricker 1. Call to Order Chair Gary Pease called the meeting to order at 2:00 p.m. 2. Roll Call Planning Commissioners present: Gary Pease, Dan Bricker, Eleanor Dorman, Thorn Ward, Brian Bachman Planning Commissioners absent: None City Staff present: City Planner, Marshall Read; City Clerk, Sara Logan 3. Approval of Meeting Agenda • Commissioner Bachman moved to approve the meeting agenda. • Commissioner Bricker seconded the motion. The motion passed with 4 yes votes and 1 no vote by Commissioner Dorman. 4. Approval of Minutes • Commissioner Bachman moved to approve the meeting minutes from 10/11/2022. • Commissioner Dorman seconded the motion. The motion passed unanimously. 5. Public Comments • No public comment 6. Reports: • No reports 7. Continued Business: • Building Lot Coverage – 40% Coverage • Commissioner Bricker moved to discuss only regulations as it applies to commercial property • Commissioner Bachman seconded the motion. The motion passed unanimously. • Commissioner Bricker moved that 40% coverage shall not apply to zones B-1,B-2 & B-3. • Commissioner Bachman seconded the motion. The motion passed unanimously. 8. New Business: • None. 9. Members of the Commission Reports • None 10. Secretary for Next Meeting Page 1 of 2 1. Approval of minutes for the Regular City of Ocean Shores Planning Com... Page 3 of 17  11. Future Meetings • Next meeting is at 2:00 p.m. on 12/13/2022. • Meeting will be held at the Ocean Shores Public Library meeting room located at 573 Point Brown Ave NW, Ocean Shores, WA. • 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 Bachman moved to adjourn. • Commissioner Dorman; seconded the motion. Motion passed unanimously. • Chair Gary Pease adjourned the meeting at approximately 3:05 p.m. Page 2 of 2 1. Approval of minutes for the Regular City of Ocean Shores Planning Com... Page 4 of 17  Ocean Shores Municipal Code and Building Lot Coverage: Section 17.50.210 M of the Ocean Shores Municipal Code was recently changed to limit buildings to covering 40% or less of a lot area. No differentiation was made between residential and business districts. Lot area used to calculate allowable building coverage was the entire lot, regardless of setbacks. 1. 17.50.210.M of OSMC currently reads: “No building or combination of buildings permitted or otherwise shall exceed forty percent of the lot area as specified per this section” 2. Proposed revised language for section 17.50.210.M of OSMC: “No building or combination of buildings permitted or otherwise in a residential zone shall exceed forty percent of the lot area as specified per this section.” (Emphasis added). 2. Building Lot Coverage Presented by: Planning Commission Chair, Gary P... Page 5 of 17  Typical Multi-Family Lots: Triplex zone, N Razor Clam, 70x110 Total = 7,700 s.f. 40% = 3,080 s.f. s.f. per unit = 1,027 s.f. 2. Building Lot Coverage Presented by: Planning Commission Chair, Gary P... Page 6 of 17  Triplex, Pt Brown SW, 70x120 Total S.F = 8,400 40% = 3,360 s.f. s.f. per unit = 1,120 2. Building Lot Coverage Presented by: Planning Commission Chair, Gary P... Page 7 of 17  5 plex Marine Vw Dr. SW, 80x110 Total S.F = 8,800 40% = 3,520 s.f. s.f. per unit = 704 2. Building Lot Coverage Presented by: Planning Commission Chair, Gary P... Page 8 of 17  Ocean Shores Planning Commission, December 13, 2022 Discussion of Gateway Corridor District/Zone 1. Should we create a new zoning district or consider the Gateway Corridor a special district within the B-1 Zone? 2. Current B-1 Zone Description: ‘This district is intended for retail commercial uses and providing day-to-day goods and services. Financial, professional, personal and commercial services are intended for this district as well as mercantile, lodging, food and other common goods and services. All uses and structures are to be of good appearance, well designed and free of hazards, nuisances or other unattractive attributes.’ 3. Current B-1 Zone Permitted Uses Part A: • One-family, two-family and multifamily dwellings, • grocery and drug stores, • hardware stores, • hotels, motels, • restaurants, • cafes, • taverns, • cocktail lounges, • banks, • professional offices, • general offices, • specialty shops, • jewelry shops, • child care centers, • light equipment rental and other uses of a similar nature, • and on-site hazardous waste treatment and storage facilities; provided, that such facilities comply with the state siting criteria adopted in accordance with RCW 70.105.210 or its successor. 4. Current B-1 Zone Permitted Uses Part B: • Marijuana retailer and retail outlets are permitted except in the mixed commercial and hotel area defined solely as Ocean Shores Boulevard between Damon Road and the 600 block, and subject to the applicable sensitive use buffers outlined in Section 5.10.050 5. Current B-1 Zone Nonaccessory structures: Nonaccessory structures in compliance with the provisions of Section 17.50.115. (applies to vacant lots) 6. Current B-1 Zone Accessory Structures: 3. Gateway District Presented by: Planning Commission Chair, Gary Pease Page 9 of 17  • Residential garages and carports, private workshops, private greenhouses, and other uses of a similar and compatible nature, all subject to Section 17.50.110; • Fences, walls and hedges subject to Sections 17.50.120 and 17.50.130; • Off-street parking subject to Chapter 17.54; • Permitted accessory uses include drive-in windows for banks and eating places and any use of structure customarily accessory to permitted uses. 7. Current B-1 Zone Conditional Uses: • Public and semi-public uses as provided in Section 17.50.040. [In the business districts the following uses are permitted uses: libraries, police and fire stations, hospitals, clinics, public parking facilities and public offices. • Resource extraction as provided in Section 17.50.050. • Airports and heliports as provided in Section 17.50.220. • Row house and other common wall residential developments where the underlying land is subdivided to allow ownership of the individual lot and home. Storage units may be allowed in conjunction with a permitted use. • Uses that have some outdoor characteristics may be permitted if it can be shown that such outdoor activity is customarily a part of such uses or that some public benefit will accrue by location of such use in this district. Examples are automobile service stations, public buildings and facilities, nurseries, lumberyards, and other uses of a similar and compatible nature. • Homeless services uses. A homeless services use requires approval of a conditional use permit unless the city council agrees to negotiate a development agreement. Refer to Chapter 17.52. 8. Proposed Description: “The Gateway Corridor District (Zone) is intended to create an aesthetically pleasing appearance for residents and visitors to the City of Ocean Shores. As such all structures are to be kept in good repair and appearance and shall be free of nuisances, hazards, and other unattractive attributes. Owners of businesses in the Gateway District shall pay particular attention to the cleanliness and landscaping of their business. 3. Gateway District Presented by: Planning Commission Chair, Gary Pease Page 10 of 17  5. Proposed Permitted Uses in the Gateway District: • grocery and drug stores, • hardware stores, • hotels, motels, • restaurants, • cafes, • taverns, • cocktail lounges, • banks, • professional offices, • general offices, • specialty shops, • jewelry shops, • child care centers, • residential only on an upper floor in a mixed-use associated with retail or administrative primary, first floor use 6. Proposed Permitted Accessory Structures in the Gateway District: • Fences, walls and hedges subject to Sections 17.50.120 and 17.50.130; • Off-street parking subject to Chapter 17.54; • Permitted accessory uses include drive-in windows for banks and eating places and any use of structure customarily accessory to permitted uses. 7. Proposed Conditional Uses in the Gateway District: • Public and semi-public uses as provided in Section 17.50.040. [In the business districts the following uses are permitted uses: libraries, police and fire stations, hospitals, clinics, public parking facilities and public offices. 8. Proposed Restrictive Use Language in the Gateway District: “ The following shall not be permitted in the gateway district: • Inoperable vehicles parked overnight • Storage containers (unless on an active construction site) • Storage of construction materials (unless on an associated active construction site) • Overnight parking of construction equipment (unless on an associated active construction site) 9. Key Definitions: 3. Gateway District Presented by: Planning Commission Chair, Gary Pease Page 11 of 17  7.04.030 Apartment. “Apartment” means a room, or suite of two or more rooms, occupied or suitable for occupancy as a dwelling unit for one family. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.06, 1974) 17.04.070 Boardinghouse, lodging house or rooming house. “Boardinghouse,” “lodging house” or “rooming house” means a building or portion thereof, other than hotel, where lodging and/or meals for five or more persons, but not more than twenty persons, are provided for compensation and without individual cooking facilities. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.14, 1974) 7.04.155 Dwelling. “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. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.31, 1974) 17.04.160 Dwelling, multiple. “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. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.32(c), 1974) 17.04.175 Dwelling unit. “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. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.33, 1974) 17.04.255 Hotel. “Hotel” means a building or portion thereof in which there are six or more guest rooms where lodging with or without meals is provided for compensation and where no provision is made for cooking in any individual room or suite. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.49, 1974) 17.04.370 Motel. “Motel” means an individual building or group of attached or detached buildings containing guest rooms together with conveniently located parking space on the same lot which are designed, used or intended to be used for the accommodation of transients. The term includes auto courts, motor lodges and tourist courts. (Ord. 837 § 1 (part), 2008: Ord. 136 § 2.72, 1974) 17.04.505 Single-family residence. “Single-family residence” means a detached building designed exclusively for occupancy by one family and containing one dwelling unit. (Ord. 837 § 1 (part), 2008: Ord. 793 § 1, 2005: Ord. 791 § 2 (part), 2005) 3. Gateway District Presented by: Planning Commission Chair, Gary Pease Page 12 of 17  17.04.567 Transient rental. “Transient rental” means the rental or lease for a consideration or forbearance of a dwelling for thirty days or less. (Ord. 837 § 1 (part), 2008: Ord. 555 § 5(D), 1993) 3. Gateway District Presented by: Planning Commission Chair, Gary Pease Page 13 of 17  Ocean Shores Municipal Codes with regards to lot clearing. 20221213 17.50.100 Clearing and grading. A. Clearing of vegetation and grading or re-grading of the land surface shall not be allowed except when conducted pursuant to, and in conformance with, a clearing and grading permit issued by the city. 1. At the time of clearing/grading permit application, a plan for landscaping shall be submitted to the city that clearly indicates the applicant’s plan for meeting the landscaping and erosion prevention requirements of this section. Plan shall be to scale, indicate the location of structures and the location of all existing significant trees. If a portion of the property is to be left in its natural state and that natural state is left undisturbed that shall be so noted on the plan. 2. The clearing and grading permit shall be issued only upon approval of the landscaping plan as meeting these requirements and conditioned on implementation of the plan as approved. B. Landscaping of Single-Family and Duplex Dwellings. The plan shall provide assurance that the following requirements are met: 1. The portion of the property not occupied by structures shall be left in its natural state or shall be aesthetically treated with plants, shrubs, trees or other forms of landscape materials. The plantings used will be those native to the area or those which are suited to survival in the climate and soil conditions of Ocean Shores. That portion of the property not occupied by structures shall have, at a minimum, ground cover adequate to control soil erosion and prevent the soil or sand from blowing or washing onto other properties or streets. The plan shall include management measures to prevent erosion on all areas of the site where soil is exposed during construction or grading with appropriate temporary means based on seasonal and site character considerations. 2. Retained existing vegetation may be used to meet all or portions of the landscaping requirements of this section. The retention of vegetation that promotes or preserves continuous overstory canopies, wildlife corridors and/or native vegetation adjacent to critical area buffers is especially encouraged. 3. Significant trees, which shall mean existing trees over eight inches in caliper (excluding alders and cottonwoods) as measured four feet above grade, shall be retained as follows: a. All significant trees located within areas designated for retention in a natural state which are not dead, dying, diseased, and do not pose 4. Lot Clearing Presented by: Planning Commission Chair, Gary Pease Page 14 of 17  a significant safety hazard shall be retained; b. At least ten percent by number of the significant trees on the subject property shall be retained. The city may approve modifications or require minor site plan alterations to achieve tree retention in compliance with this requirement. Where the location of the existing significant trees interferes with reasonable placement of the primary use structure, a landscaping plan may provide for the retention of fewer significant trees than required by this section only if the trees to be removed are replaced at a ratio of three to one. 4. Grading plans shall assure that the productive character of the soil is protected or restored on all areas of the site not occupied by buildings. Where significant trees are to be retained, an area equal to the drip line of the tree plus three feet shall be preserved around the tree at original grade or the landscaping plan shall include provisions to otherwise properly protect the tree. Areas adjacent to retained natural areas shall either have a graded transition or structural means to assure adequate retention of soil to support the natural vegetation. C. Landscaping of Other Sites and Uses. The plan shall provide assurance that the following requirements are met: 1. All new developments with parking lots holding fifteen cars or more shall provide landscaping of seven percent of the gross area designated for parking in the form of strips bordering the parking lot along adjacent properties or streets and/or islands or strips separating the tiers of parking spaces as appropriate to design and layout of the parking area. The plantings used will be those native to the area or those which are suited to survival in the climate and soil conditions of Ocean Shores. 2. Any portion of a property not proposed to be occupied by structures or pavement shall have, at a minimum, ground cover adequate to control soil erosion and prevent the sand from blowing or washing onto other properties or streets. The plan shall include management measures to prevent erosion on all areas of the site where soil is exposed during construction or grading with appropriate temporary means based on seasonal and site character considerations. 3. Any portion of the property not occupied by structures shall be left in its natural state or shall be aesthetically treated with plants, shrubs, trees or other forms of landscape materials. D. All landscaped areas shall be continuously maintained and kept free of litter. Additional landscaping is permitted. 4. Lot Clearing Presented by: Planning Commission Chair, Gary Pease Page 15 of 17  Ocean Shores Planning Commission, Impacts of Inter-dunal Wetland Regulation on lot development. 20221213 Recent example of communication with Washington State Department of Ecology From: Meyer, Zachary (ECY) <ZMEY461@ECY.WA.GOV> Sent: Monday, December 5, 2022 7:12 AM To: christian@aguatierra.net Cc: Marshal Read <mread@osgov.com>; Johnson, Brad A CIV USARMY CENWS (USA) <Brad.A.Johnson2@usace.army.mil> Subject: RE: Interdunal Site Impacts question Hi Christian, The site plan does not appear to meet the shoreline variance criteria (WAC 173-27-170). The wetland can be easily avoided by having a smaller project footprint, moving the home closer to the road (smaller driveway), etc. There is ample space outside the wetland for development of a single family residence. This site plan is not the ‘minimum necessary to afford relief’. Further, this project does not appear to meet the avoidance criteria required for a section 401/404 permit from Ecology and the Corps under the Clean Water Act. More info here: https://ecology.wa.gov/Water-Shorelines/Wetlands/Mitigation/Avoidance-and-minimization To fill interdunal wetlands, a project would need a shoreline variance under the Ocean Shores SMP (from City and Ecology), an Ecology/Corp 401/404 permit under the Clean Water Act, in addition to whatever other permits the City of Ocean Shores requires. The path forward here is to design a project footprint that is entirely outside of the wetland. As currently proposed, this does not look approvable. We discussed all of the above while on site. Please let me know if you have questions or would like to discuss further. Zach Meyer (he/him) Shorelands Technical and Regulatory Lead Shorelands & Environmental Assistance Program Washington State Department of Ecology Southwest Regional Office, Lacey, WA 360-481-9885 5. Shoreline Lots Led by: City Planner Marshall Read Page 16 of 17 5. Shoreline Lots Led by: City Planner Marshall Read Structural fill to support foundaiton perrimeter in high water table depression Liquifaction mitigation. Zach.. does this design parameter provide any relief in a Interdunal Wetland Fill Variance process? City also has Fire Defensible Space setbacks in the 15 foot range (non-woody vegetation). Our thoughts have included converting the shaded area into buffer and vegetating with dune grass / kinnickinick. Is there relief from the long and uncertain shoreline variance pathway in this situation? or is it an avoidable process and uncertain outcome? Thanks. Page 17 of 17