Planning Commission Meeting

Agenda City of Ocean Shores Planning Commission Meeting Join Zoom Meeting Online Click Here Join by Phone Phone Number: 1.253.215.8782 Meeting ID: 854 9323 4914 Passcode: 620288 Tuesday Ocean Shores Library June 13, 2023 573 Point Brown Ave. NW 2:00 PM Ocean Shores, Washington Page Call to Order Roll Call Approval of Meeting Agenda Approval of Minutes 1. Approval of minutes for the Regular City of Ocean Shores Planning Commission Meeting on May 23, 2023 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 June 13, 2023 Old Business New Business Discussion 3-9 2. Periodic Review of Shoreline Management Program • Presented by: City Planner, Marshall Read 10 - 13 3. Alignment of Zoning with Comprehensive Plan • Presented by: Planning Commission Chair, Gary Pease Page 1 of 13 Page Reports 4. Planning Commission Member(s) Report • Dan Bricker • Gary Pease • Thorn Ward • Kerry Barr • Paul Schulz • Brian Bachman • Mark Lawlis Future Meeting Date June 27, 2023 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 13  TO: Ocean Shores Planning Commission DATE: June 6, 2023 FROM: Ali Masterson and PROJECT NO.: 2220568.30 Nicole Stickney, AICP PROJECT NAME: Ocean Shores SMP Periodic Review Tri-Cities - (509) 380-5883 SUBJECT: Ocean Shores Shoreline Master Program (SMP) Periodic Review Planning Commission meeting of June 13, 2023 On April 25, 2023 the Planning Commission held a duly-noticed public hearing on proposed SMP amendments (which was a joint public hearing, as it involved the Dept. of Ecology) and the official comment period on the SMP was open from April 18, 2023 to May 19, 2023. There was one person who spoke at the public hearing: Vida Piera spoke via zoom and complemented the AHBL team for their work on the update project. She asked for clarification on the comment period closing date and asked how to submit written comments and indicated that if she had any technical comments she would submit her comments in writing. There were no further comments at the public hearing. AHBL consultants have compiled all written comments that came in and prepared a response matrix, to document the comments as well as a response for each comment. The Planning Commission can now take action, if desired, to forward a recommendation to the City Council to adopt the proposed SMP amendments. SUGGESTED FINDINGS Written findings will be needed for the City to adopt the SMP amendments under the periodic update. Listed below are DRAFT written findings that may be further developed as the process ensues: Findings: 1. The State of Washington Shoreline Management Act of 1971 (Chapter 90.58 RCW) requires counties and cities to prepare SMPs to prevent the uncoordinated and piecemeal development on shoreline of the state. 2. Under RCW 90.58.050, the City and Ecology share joint authority and responsibility for the administration of the City’s SMP. When the City’s updated SMP is approved by Ecology, it has the authority of state law. 3. In 2003, Ecology adopted new rules based on RCW 90.58.200, that became effective January 17, 2004. These rules gave procedural and substantive direction to local jurisdictions for updating shoreline uses and regulations. 4. Ecology adopted and approved the existing Ocean Shores SMP in 2018. 5. The State’s Shoreline Management Act (RCW 90.58) requires each SMP to be reviewed and revised, if needed, on an eight‐year schedule established by the Legislature and the Ocean Shores periodic update is due no later than June 30, 2023. 6. The SMP Guidelines (Chapter 173-26 WAC) are the standards and guidance that establish minimum standards for updating local SMPs. 7. The City was awarded a grant from Ecology to fund a portion of the update costs. Page 1 of 2 2. Periodic Review of Shoreline Management Program Presented by: City Pl... Page 3 of 13  8. The SMP, with proposed amendments, is compatible with the City’s adopted land use designations, policies, and goals contained with its Comprehensive Plan and its development regulations. 9. The SMP, with proposed amendments, recognizes private property rights and it is consistent with other property regulations and those rights afforded to property owners. 10. The City completed environmental review under SEPA issued a Threshold Determination of Non- Significance on April 18, 2023. 11. The City filed a Growth Management Act 60-day notice of intent to adopt with the State of Washington Department of Commerce on April 14, 2023. 12. The proposed amendments to the City’s SMP were posted on the City website prior to the City’s Planning Commission public hearing for public review. 13. Public hearing notice was published in The Daily World newspaper on April 18, 2023. 14. A public hearing before the City’s Planning Commission was held on April 25, 2023. 15. The official comment period for the SMP was open from April 18, 2023 to May 19, 2023 and the joint City/Ecology public hearing occurred during that time period. 16. All written comments received prior to and during the official comment period were compiled into a Response Matrix document for the City to consider and document their review and formal responses. 17. The City will formally adopt the SMP following review and approval by Ecology and it will then become effective. 18. The SMP aligns with the goals and policies of the City’s Comprehensive Plan and the two documents are not in conflict. ACTION The Planning Commission is requested to review the comments and forward a recommendation to the City Council for adoption. Reminder: unlike other local regulations, Ecology has final review and approval authority over the City’s SMP, including the ability to require changes. A copy of the draft SMP (dated April 14, 2023) was provided to the Planning Commission for the public hearing, which shows proposed amendments in tracked changes. A copy of the document, as well as additional materials, are available on the City’s website on the project webpage: https://www.osgov.com/departments/shoreline_master_program/index.php Per the comment received by Tricia Sears at DNR, AHBL recommends one minor change be made to the document prior to review by the City Council, which is to add a reference to the WGS Geologic Information Portal in Section 5.05 of the SMP – Appendix 2 (Critical Area Regulations) as follows: I. WGS Geologic Information Portal at https://www.dnr.wa.gov/geologyportal Recommended Motion: “I move to recommend to the City Council approval of the proposed amendments to the city’s SMP, with the addition of a WGS Geologic Information Portal reference, and forward the recommendation with the suggested findings of fact. “ Cc: Marshall Read – City of Ocean Shores Project Memo Page 2 of 2 Planning Commission meeting of June 13, 2023 2220568.30 June 6, 2023 2. Periodic Review of Shoreline Management Program Presented by: City Pl... Page 4 of 13  City of Ocean Shores Shoreline Master Program (SMP) Periodic Update COMMENTS AND RESPONSES Prepared June 6, 2023 Comment Response 1. Written comments from the City of Ocean 1. Written response from Nicole Stickney to Shores Planning Commission sent on March Planning Commission comments from the 21, 2023: City sent on March 23, 2023: a. Suggest adding a statement like the a. I’ve added the following text changes and following at an appropriate place within flagged it as a suggested amendment by the document: the Planning Commission: Section 4.04.01 [Environmental Impacts]Policies: “The city shall work with all regulatory “Work with regulatory agencies to agencies to balance the need to balance the need to protect the ecologically protect shorelines and critical ecological functions and values of areas with the rights of property owners shorelines and critical areas with the and the public to establish and maintain rights of property owners and the public.” physical and visual access to the shoreline as well as protect personal and public Next, please note that Section 4.08.01 property from fire and other hazards [Public Access] Policies already states resulting from encroachment of “Protect and enhance the public’s right to bordering wetlands and associated both visual and physical access to vegetation abutting and on private and shorelines of the state in the city to the public lands.” greatest extent feasible.” As for fire hazard reduction, I found that [Dune Management] Policies in Section 4.05.01 subsections C, G, H and I all address fire hazard reduction and [Dune Management] Regulation 4.05.02(D) says “ Dune modification is permitted for recreational facilities and fire hazard reduction consistent with municipal, state, and federal habitat protection standards when it will not result in a net loss of ecological functions. Typical fire hazard reduction facilities include such 2. Periodic Review of Shoreline Management Program Presented by: City Pl... Page 5 of 13  b. Section 4.08.01.E (Page 42): Paragraph things as water lines necessary to combat regarding public access to the shorelines dunes fires and multi-purpose trails.” reads: I’ve added the following text change and “Maintain, enhance, and increase public flagged it as a suggested amendment by access in accordance with the following the Planning Commission: Section 4.10.01 priorities unless found infeasible: [Vegetation Conservation] Policies, 1. Maintain existing public access sites Vegetation Conservation along and facilities, rights of way, and Shorelines: “Control non-native and easements. invasive plants that out-compete more desirable native vegetation. Fire-prone 2. Provide new or enhance existing vegetation, like the invasive Scotch public access opportunities on broom (Cytisus scoparius) should be existing public lands and easements. eliminated where it presents a hazard to personal and public property.” 3. Acquire property or easements to add public access opportunities to Finally, please note that Section 4.10.02 implement adopted public access [Vegetation Conservation] A. General plans or to recognize opportunities to Regulations already sets out: “Clearing of protect areas that hold unique value invasive, noxious, and non-native for public enjoyment. vegetation in shoreline jurisdiction is 4. Encourage public access to shorelines allowed. Native vegetation should be as part of shoreline development promptly reestablished in the disturbed area.” activities.” To maintain pedestrian access to the b. I applaud the Planning Commission for Pacific shoreline, the City should develop taking the policies for Public Access to plans to upgrade and maintain all heart. Perhaps the Planning Commission pedestrian access trails, especially those would like to pursue ways to work these such as the one located at the west end project-level initiatives into future city of ButerClam Road that are often under plans such as a capital facilities plan. (I water and inaccessible during several did not make any changes to the SMP months during the winter. Additionally, draft as I don’t interpret this comment as a suggestion to do so and further because the City should consider developing I don’t see how it would fit in with the pedestrian-only east-west access trails scope of the document). along major vehicle access routes such as Pacific Avenue, Ocean Lake Way, and Taurus Boulevard for safety reasons. c. Section 5.03.G , Table 5-1 (Page 54). c. I’ve edited the text as requested and Suggest removing concession stands, gift flagged it as a suggested amendment of shops and other commercial activities as the Planning Commission 2. Periodic Review of Shoreline Management Program Presented by: City Pl... Page 6 of 13  a permitted in the residential shoreline area. d. This is a great suggestion and I expect d. Section 6.07.02.D.3 (Page 112). Suggest Ecology will support the change. I’ve removing “or 35 feet, whichever is edited as follows: smaller as measured on a cumulative basis” from the statement: “Replacement of greater than 50 percent “Replacement of greater than 50 percent or 35 feet, whichever is smaller as or 35 feet, whichever is smaller as measured on a cumulative basis, of the measured on a cumulative basis, of the linear length of an existing shoreline stabilization structure is not considered a linear length of existing shoreline repair or maintenance for purposes of stabilization is not considered a repair or these regulations, and must be designed maintenance for purposes of these and reviewed as replacement subject to regulations, and must be designed and the provisions contained in SMO Section reviewed as a replacement subject to the 6.07.02(E). provisions contained in SMP Section 6.07.02(E).” e. Section 6.07.02.I.1.a (Page 116). Suggest e. I’ve edited the text as requested and increasing the time frame from three to flagged it as a suggested amendment of the Planning Commission. five years in the below section: 1. “For a new or enlarged hard or soft structural shoreline stabilization measure, a geotechnical analysis must be prepared by a geotechnical engineer licensed by the state. The analysis shall include the following: a. An assessment of the necessity for structural shoreline stabilization by estimating time frames and rates of erosion and reporting on the urgency associated with the specific situation. 1) New hard structural shoreline stabilization measures shall not be authorized, except when an analysis confirms that: a) There is a significant possibility that an existing structure will be damaged within three years as a result of shoreline erosion in the absence of such hard 2. Periodic Review of Shoreline Management Program Presented by: City Pl... Page 7 of 13  structural shoreline stabilization measures, or b) Where waiting until the need is immediate results in the loss of opportunity to use measures that would avoid impacts on ecological functions.” 2. Written comment via email was received 2. Written response from Ali Masterson to from Tricia R. Sears, Geologic Planning Tricia Sears of the WGS DNR: Liaison, Washington Geological Survey (WGS), Washington Department of Natural Thank you for your comments, we will Resources (DNR) on April 18, 2023: recommend to the Planning Commission that we reference the WGS Information Portal as In keeping with the interagency you suggested. correspondence principles, I am providing you with draft comments on Ocean Shore’s Shoreline Master Plan update (Commerce ID# 2023-S-5997). I looked at the entire proposal and focused on areas related to WGS work. There are no changes related to mineral resource lands. There is one minor revision to the geologically hazardous areas in the text. The geologically hazardous areas provisions could be strengthened. One suggestion is to add a reference to the WGS Geologic Information Portal for the best available science reference. If you have not checked our interactive database, the WGS Geologic Information Portal, lately, you may wish to do so. Geologic Information Portal | WA – DNR For the definition of geotechnical report, suggest adding language about the requirement of a licensed professional in WA. Like what you have on page 40, “The technical assessments and reports must be prepared by an engineering geologist with a 2. Periodic Review of Shoreline Management Program Presented by: City Pl... Page 8 of 13  Washington specialty license in engineering geology as specified in Chapter 18.220 RCW.” If you have not checked out our Geologic Planning page, you may wish to do so. Geologic Planning | WA – DNR Thank you for considering our comments. If you have any questions or need additional information, please contact me. For your convenience, if there are no concerns or follow-up discussion, you may consider these comments to be final as of the 60-day comment deadline of 6/16/23. No further comments 2. Periodic Review of Shoreline Management Program Presented by: City Pl... Page 9 of 13  Purpose and Guiding Principles Update of Ocean Shores, Washington Zoning and Municipal Code to Reflect 2020 Ocean Shores Comprehensive Plan Purpose: The purpose of the update to Ocean Shores, Washington Zoning and Municipal Code is to bring the code into alignment with the 2020 Ocean Shores Comprehensive Plan and reflect the past and present reali�es of development within the City of Ocean Shores. Guiding Principles: • Use 2020 Ocean Shores Comprehensive Plan as a guide, but also be willing to update both the Comprehensive Plan and Zoning and Municipal Code as required. • Simplify the current Zoning Map and Municipal Code • Reflect the “on the ground” reali�es of historical and recent development in Ocean Shores • Maintain and improve the current character and nature of single-family housing areas. • Seek to opportuni�es and areas to create opportuni�es for more affordable housing, especially single-family housing. • Enhance the Ocean Shores visitor experience through: o A more aesthe�cally pleasing “Downtown Area;” o Increased “resort type” and “mixed use” opportuni�es. 3. Alignment of Zoning with Comprehensive Plan Presented by: Planning Co... Page 10 of 13  OCEAN SHORES COMPREHENSIVE PLAN TABLE 4-17 - OCEAN SHORES PARCELS BY CURRENT ZONING CLASSIFICATION Acreage Percent of Total Number of Percent of Total All Parcels - Citywide 40,538 100% 11,223 100% Residential Zone Classifications R1 Single Family 2203.09 54.4% 8981 80.0% R2 Duplex 16.52 0.4% 86 0.8% R3 Triplex 27.26 0.7% 143 1.3% R4 Fourplex 9.42 0.2% 24 0.2% R5 Fiveplex & Sixplex 55.03 1.4% 216 1.9% R6A Recreational Vehicle & Trailer 13.5 0.3% 157 1.4% R6B Mobile & Manufacture Home 47.39 1.2% 237 2.1% R6C Manufactured Home, Double 42.13 1.0% 196 1.7% R7 Multi-family Medium Density 117.15 2.9% 242 2.2% R8 Multi-family High Density 17.25 0.4% 69 0.6% R9 Multi-family Ultra High Density 31.56 0.8% 63 0.6% Commercial Zone Classifications B1 Retail Commercial 281.97 7.0% 502 4.5% B2 General Commercial 204.78 5.1% 159 1.4% Parcels not included in Zoning Fresh Waterways, Sand areas, Recreational, Easements, Tidelands, Water, Misc. 986.33 24.30% 148 1.2% Sub Total 3,916.84 96.6% 11,196 99.9% Data source: Grays Harbor Council of Governments based on Grays Harbor County Assessor 2018 Housing Element Chapter 4 Ocean Shores Draft Comprehensive Plan Page 47 3. Alignment of Zoning with Comprehensive Plan Presented by: Planning Co... Page 11 of 13  OCEAN SHORES COMPREHENSIVE PLAN 4.8 AFFORDABLE HOUSING STRATEGIES Land use plans and development regulations play a significant role in promoting affordable housing. If the zone classifications limit housing choice in a city, the number of affordable homes will be decreased. Zoning should not limit affordable housing but must balance the cost of protecting human life, for example by restricting construction in hazardous erosion areas or in areas subject to storm surge flooding, in comparison to the increased cost of housing. Lot size, lot width and minimum floor area, and design standards are basic parameters that determine the cost of housing. Snohomish County Human Services Department published “Analysis of Impediments to Fair Housing Choice” in 2012. Among the points made in this report are these which are relevant to Ocean Shores: • Zoning regulations may create housing barriers by limiting or imposing conditions on group homes. • Definitions for the term “family” which limit the number of unrelated persons who can live together in a house to five is more restrictive than the State provisions for group homes. Allowing six to eight residents per residence allows for a larger supply of group homes while maintaining residential character and avoiding large institutional facilities. • Limited transit options for low income, disabled, senior residents and refugees create a fair housing barrier. Limited transit may create an impediment to fair housing choice because it could have the effect of preventing certain protected classes from accessing housing, employment, services and amenities at the same level as other residents. Ocean Shores Zoning Code contains several criteria that could be restricting affordable housing development. The city should conduct an internal review of its code considering the practices listed in the Action Plan and to take actions to remove identified housing barriers. 4.9 ACTION PLAN: HOUSING • Revise the zoning designations to establish residential zone classifications that are distinct from each other • Adopt residential design criteria for new construction establishing roof pitch and front porch design standards to minimize maintenance and improve durability of thehouses • Conduct an internal review of city code for housing barriers and remove any identified barriers to affordable housing including: Housing Element Chapter 4 Ocean Shores Draft Comprehensive Plan Page 48 3. Alignment of Zoning with Comprehensive Plan Presented by: Planning Co... Page 12 of 13  OCEAN SHORES COMPREHENSIVE PLAN • Small lots. At least one zone district should allow small lots (3,000 to 6,000 square feet) for single family detached housing in some locations • Minimum house sizes. The zoning and subdivision regulations should not establish minimum house or dwelling unit sizes beyond those mandated by the building code • Group homes. The Ocean Shores zoning code should state that housing for groups protected by the Fair Housing Act are treated as residential uses and should allow those group housing uses in at least one residential district as a permitted use without the need for a conditional use permit • Definition of family. Codes in Ocean Shores should allow six to eight unrelated persons to reside together in group home settings. This will allow for more group homes and thus accommodate more persons who need a group home setting Housing Element Chapter 4 Ocean Shores Draft Comprehensive Plan Page 49 3. Alignment of Zoning with Comprehensive Plan Presented by: Planning Co... Page 13 of 13