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 Meeting ID: 815 9249 1061 Passcode: 892064 Tuesday Ocean Shores Library August 8, 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 3-4 1. Approval of minutes for the Regular City of Ocean Shores Planning Commission Meeting on July 25, 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 August 8, 2023 Old Business New Business Discussion 5-6 2. Letter to City Council regarding 2023 Update to the Shoreline Master Plan • Led by: Planning Commission Chair, Gary Pease Page 1 of 14 Page 7 3. Purpose and Guiding Principles for Zoning Update • Led by: Planning Commission Chair, Gary Pease 8 4. Challenges Associated with Zoning Update • Led by: Planning Commission Chair, Gary Pease 9 - 13 5. Medium Density Residential and Medium Density Residential/Light Mixed Zoning Language - Draft • Led by: Planning Commission Chair, Gary Pease 14 6. Proposed Zones • Led by: Planning Commission Chair, Gary Pease 7. Review of Previous Districts • Led by: Planning Commission Chair, Gary Pease Reports 8. Planning Commission Member(s) Report • Dan Bricker • Gary Pease • Thorn Ward • Kerry Barr • Paul Schulz • Mark Lawlis Public Communication - 3 Minutes Future Meeting Date August 22, 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 14  MINUTES Ocean Shores Planning Commission Regular Meeting Tuesday July 25, 2023 2:00 p.m. Ocean Shores Public Library Meeting Room 573 Point Brown Ave NW, Ocean Shores, WA Minutes taken by Commissioner Barr 1. Call to Order Chair Gary Pease called the meeting to order at 2:00 p.m. 2. Roll Call Planning Commissioners present: Kerry Barr, Mark Lawlis, Gary Pease, Paul Schultz, and Thorn Ward Planning Commissioners absent: Dan Bricker City Staff present: City Planner, Marshall Read; 3. Approval of excused absence • Commissioner Lawlis moved to excuse the absence of Commissioner Bricker • Commissioner Barr seconded the motion. The motion passed unanimously. 4. Approval of Meeting Agenda • Commissioner Schultz moved to approve the meeting agenda. • Commissioner Lawlis seconded the motion. The motion passed unanimously. 5. Approval of Minutes • Commissioner Barr moved to approve the meeting minutes from 7/11/2023 with corrected spelling of Commissioner Barr’s name • Commissioner Lawlis seconded the motion. The motion passed unanimously 6. Public General Comments: Thanked the Commission for the current format of the meeting 7. Continued Business: Continued review of zoning codes and proposed updates to Chapter 17.16, (R-1, Single Family) and 17.18 (R2, Duplex). Current R-1 proposed change to R-L, Residential Low Density Single Family Housing Current R-2 proposed change to R-M Residential Medium Density Multi-family Dwellings: Duplex, Triplex and Potentially Four-Plex. Transit rentals in R-M? More discussion needed on R-2 Commissioner Lawlis moved to recommend changes of R-1 Commissioner Barr Seconded. Motion passed unanimously Page 1 of 2 1. Approval of minutes for the Regular City of Ocean Shores Planning Com... Page 3 of 14  Walk about update, Commission members to look at areas of Silverking, Wawona, from Tonquin to Adventurer Update by Commissioners Peas and Lawlis of the Grays Harbor Blue Zone groups. Ocean Shores will move forward with safe walking/biking research with a sub team of the planning commission. 8. New Business: None 9. Members of the Commission Reports: None 10. Public Comments: Question and comment on current Pyramid zoning and if/how we will move away from this practice and the impact it has had. 11. Secretary for Next Meeting: Commissioner Ward 12. Future Meeting • Next meeting August 8, 2023 • 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. 13. Adjournment • Commissioner Barr moved to adjourn. • Commissioner Lawlis seconded the motion. Motion passed unanimously. • Chair Gary Pease adjourned the meeting at approximately 3:32 PM Page 2 of 2 1. Approval of minutes for the Regular City of Ocean Shores Planning Com... Page 4 of 14  Mayor, city or oceanshores and city Cmmtil, city of Ocean shores The oceanshores Planning commission began its review of the proposed 2023 update to the oceanshares shoreline Master Plan isMi>) in February 2023 based upon state of washington regulatory requirements and attlie request atMarshall Read, Lead Planner larthe city oroceanshares. Through a series ofrrleetlngs that included public comments on the update and a separate public hearing held in conjunction with a regular Planning commission meeting, the Planning commission carelully considered the update to the SMP and suggested changes or additional wording, on March 14, 2023, the Planning Commission unanimously voted to approve live speciiic comments on the update. The lirst comment they voted to include was: 1. "Suggest adding a statement like the following at an appropriate place within the document: ‘The city shall wurk with all regulatory agencies ta balance the need to ecologically protect shoreline: and critical areas with the rights afproperty owners and the public to establish and maintain physical and visual arzess to the shoreline as well as protect personal and public property/rom ?re and other hazards resulting from encroachment of bordering wetlands and associated vegetation abutting and on private aridpublic lands.” The Planning commission clearly understand that they were not a regulatory body and simply desired to add a statement that recognized the need to both protect the shoreline and property rights. in no way did the commission ever intend to subiugate the authority and powers uf any regulatory agency, to include the washingtan State Department of Ecology or the us Army corps of Engineers, both exercising their duties under the Clean water Act and mmmensurate state law. In lact, the commission discussed at length the absolute limitations of their authority. The intent was merely to amplify the desire for the appropriate regulatory agencies to recagnile both the need to protect shorelines and critical areas as well as property rights, as they should already do in due course of their regulatory duties. The appropriateness of this requested additional language was recognized when the washingrpn state Department of Ecology, who is the primary regulatory agency, approved the addition orthis language in the 2023 Update to the oceanshores shoreline Master Program. A discussion on the 2023 Update to the oceanShores Srlnreline Master Program was included an the agenda forthe oceanshores city council Meeting on July 24, 2023 Atthe meeting, the city Council was handed a set ofcornments from a Ms. Marlene Penry, an Ocean Shores resident who was said to be instrumental in the initial drafting of the Shoreline Master Plan. l was also provided a copy ofthe cnrnments at the meeting. Her first cnmment stated: "P60 of the packet, 4 U4 01 Item B has been added. It states that effnrts should be made to balance the need to protect ecological values and functions and values olthe shoreline and (rlncal areas and the rights of property owners. 2. Letter to City Council regarding 2023 Update to the Shoreline Master ... Page 5 of 14  The SMP in an ordnance and not something open to negotiation. this statement opens the door to challenges to any and all oithe SMP regulations one example would be developers stanngthe required 10 loot (sic) buffer of vegetation required to lie ion at the watertront is a violation oiprciperty rights. Do you really want to open this loophole?” During discu n with council, Marshall Read, the city Planner, did an excellentjob explaining that, in his opinion, nothing in the language thatthe planning commission requested be added would in tact change any regulatory requirements, includlngthe ten—ioot buffer. He clearlystaled that it was notthe intent of the Planning commission to undermine any regulatory requirements. He also stated that he would give Ms Penry‘s comments careiul consideration. nespitetiie assurances ofMarshal|Real1,a knowledgeable expert, a councilperson stated: "i would he in favor with her recommendation, I agree with her. It should he struck from this document.” There was no attempt during the City Council meeting to have a discussion of why the oceanshores Planning commission requested that language be added. In making his clear statement, said Councilperson asserted that he would take the opinion or one citizen over the carefully considered and unanimously approved position oitne seven members of the ocean shores Planning commission. The oceanshores Planning commission consists olseven citizen volunteers who generously give theirtime and energy Io make recommendations totne city government. The fact that the true regulatory agency, the washington state Department of Ecology, approved the addition otthat language clearlyshows it is appropriate and acceptable. if itwastrulya ”loopho|e” as suggested by Ms. Penry, I am quite certain the Department of Ecologywould not have allowed it to be ‘lncludedi As a result of M5 Perl!‘/'5 statement and a Counci|perSon's endorsement of her position, social media is now containing comments about how the Ocean Shores Planning Commissinn is tryingto get rid of the ten-iocit oiitrerrrom wetlands. Nothing could lielunher irom the tnith. The Ocean Shores Planning Commission members are all citizen volunteers should not be subjected to social media disparagemeiit as the result or misiniorined opinions, endorsed by elected otticials. the oceanshores Planning commission has and continues to be one orthe strongest proponents of protecting the ecological and environmental liounty of this tieaunliil City. The opinions in this letter are solely those olthe undersigned and do not reflect considered discussion and voting by the entire oceanshores Planning Commission. Gary %se chairperson, oceanshores Planning commission ' citygpease@giriail.com 2. Letter to City Council regarding 2023 Update to the Shoreline Master ... Page 6 of 14  Purpose and Guiding Principles Update of Ocean Shores, Washington Zoning and Municipal Code Purpose: The purpose of the Planning Commission update to Ocean Shores, Washington Zoning and Municipal Code is to recommend ac�ons to the Ocean Shores City Council that iden�fy and correct discrepancies with the 2020 Ocean Shores Comprehensive Plan, simplify the code, 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. • Sustain and improve the natural beauty and environment of Ocean Shores • Seek opportuni�es and areas to create more affordable housing, especially single-family housing. • Enhance the Ocean Shores resident and visitor experience through a more aesthe�cally pleasing “Downtown Area” • Iden�fy areas for “resort type” and “mixed use” opportuni�es. As of 08/08/2023 3. Purpose and Guiding Principles for Zoning Update Led by: Planning Com... Page 7 of 14  Challenges Update of Ocean Shores, Washington Zoning and Municipal Code • History of “Pyramid Zoning” has resulted in many areas of uncontrolled poten�ally incompa�ble mixed uses, e.g. o Residen�al in business (B-1)/commercial (industrial - B-2) o “Heavier” commercial industrial in or near downtown corridor • Desire for transient lodging development is/has overcoming available parcels for future business/commercial (industrial) • Lack of available parcels for dedicated, larger scale future commercial development (e.g. Walmart, grocery chain). • Con�nued growth of wetland encroachment and encumbering of undeveloped parcels, poten�al diminishing future mi�ga�on bank possibili�es. As of 08/08/2023 4. Challenges Associated with Zoning Update Led by: Planning Commission ... Page 8 of 14  Ocean Shores Municipal Code Page 1/5 Chapter 17.18 R-2 ZONEóDUPLEX Chapter 17.18 R-2M ZONE DUPLEXMEDIUM DENISTY RESIDENTIAL Sections: 17.18.010 Purpose. 17.18.020 Permitted uses. 17.18.030 Conditional uses. 17.18.040 Prohibited uses. 17.18.050 Density regulations. 17.18.060 General regulations. 17.18.010 Purpose. This district is intended for lowmedium-density, single-family, and one-, two-, three-, four- family dwellings in order to assure adequate light, air, open space, privacy, and the protection of property values while providing affordable housing in the community. Other uses should only be allowed if they are compatible with these values and consistent with the overall public interest. (Ord. 837 ß 1 (part), 2008: Ord. 136 ß 3.07 (part), 1974) 17.18.020 Permitted uses. Permitted uses shall be as follows: A. All uses permitted in the R-1L zone. B. Two-family dwellings. (Ord. 837 ß 1 (part), 2008: Ord. 136 ß 3.07(a), 1974) C. Three-family dwellings. D. Four-family dwellings 17.18.030 Conditional uses. The following uses may be allowed in the R-2M zone upon approval of a conditional use permit in accordance with the provisions of Sections 17.52.040 through 17.52.080: A. Public and semi-public uses as provided in Section 17.50.040. B. Resource extraction as provided in Section 17.50.050. (Ord. 837 ß 1 (part), 2008) C. Row house and other common wall residential developments where the underlying land is subdivided to allow ownership of the individual lot and home. 17.18.040 Prohibited uses. A. All uses not specifically listed as permitted or conditional uses in this district are prohibited uses; provided, that the city planner may determine that a proposed use is substantially similar to a listed permitted use and authorize the use in accordance with Section 17.06.050; provided further, that uses similar to listed conditional uses may be processed for consideration by the hearing examiner pursuant to Section 17.06.060. B. Homeless services uses are prohibited in the R-2 zone. (Ord. 1076 ß 2, 2021; Ord. 837 ß 1 (part), 2008) The Ocean Shores Municipal Code is current through Ordinance 1099, passed May 8, 2023. 5. Medium Density Residential and Medium Density Residential/Light Mixed... Page 9 of 14  Ocean Shores Municipal Code Page 2/5 Chapter 17.18 R-2 ZONEóDUPLEX 17.18.050 Density regulations. A. One single-family dwelling structure is allowed per established and recorded lot according to the plats existing as of August 1, 2003, or as legally created thereafter under the provisions of the city short plat and subdivision requirements. B. Two-family dwellings shall have a minimum lot size of eight thousand square feet per structure. C. Subdivisions, short plats, replats and/or boundary line adjustments shall have a minimum lot size of seven thousand two hundred square feet for three and four family dwelling structures. D. Subdivisions, short plats, replats and/or boundary line adjustments shall have a minimum lot size of three thousand six hundred square feet for two-family dwelling structures. D. Subdivisions, short plats, replats and/or boundary line adjustments shall have a minimum lot size of one thousand eight hundred square feet for single-family dwelling structures. (Ord. 837 ß 1 (part), 2008) 17.18.060 General regulations. The provisions of Section 17.16.060, General regulations, of the R-1 zone, and Section 17.16.070, Regulations for manufactured homes, shall also apply in the R-2 zone. (Ord. 837 ß 1 (part), 2008) The Ocean Shores Municipal Code is current through Ordinance 1099, passed May 8, 2023. 5. Medium Density Residential and Medium Density Residential/Light Mixed... Page 10 of 14  Ocean Shores Municipal Code Page 3/5 Chapter 17.18 R-2 ZONEóDUPLEX Chapter 17.20 R-3M/LIGHT MIXED ZONE MEDIUM DENISTY RESIDENTIAL/LIGHTMIXED USE TRIPLEX Sections: 17.20.010 Purpose. 17.20.020 Permitted uses. 17.20.030 Conditional uses. 17.20.040 Prohibited uses. 17.20.050 Density regulations. 17.20.060 General regulations. 17.20.010 Purpose. This district is intended for moderate medium density, one-, two-, and three-, and four-family dwellings, in order to assure adequate light, air, open space, privacy, and the protection of property values while providing affordable housing in the community. Other uses should only be allowed if they are compatible with these values and consistent with the overall public interest. (Ord. 837 ß 1 (part), 2008: Ord. 136 ß 3.08 (part), 1974) 17.20.020 Permitted uses. Permitted uses shall be as follows: A. All uses permitted in the R-1L zone. B. Two-family dwellings. C. Three-family dwellings. (Ord. 837 ß 1 (part), 2008: Ord. 136 ß 3.08(a), 1974) D. Four-family dwellings E. Transient rentals F. Light commercial activities that do not detract from the primarily residential character of the neighborhood. Such uses may include grocery and connivence stores, cafes, sandwich shops, and coffee shops. When such light commercial actives are allowed, off-street parking subject to Chapter 17.54 shall be provided. 17.20.030 Conditional uses. The following uses may be allowed in the R-3M/Light Mixed zone upon approval of a conditional use permit in accordance with the provisions of Sections 17.52.040 through 17.52.080: A. Public and semi-public uses as provided in Section 17.50.040. B. Resource extraction as provided in Section 17.50.050. (Ord. 837 ß 1 (part), 2008) C. Row house and other common wall residential developments where the underlying land is subdivided to allow ownership of the individual lot and home. 17.20.040 Prohibited uses. A. All uses not specifically listed as permitted or conditional uses in this district are prohibited uses; provided, that the city planner may determine that a proposed use is substantially similar to a listed permitted use and authorize the use in accordance with Section 17.06.050; provided further, that uses similar to listed conditional uses may be processed for consideration by the hearing examiner pursuant to Section 17.06.060. The Ocean Shores Municipal Code is current through Ordinance 1099, passed May 8, 2023. 5. Medium Density Residential and Medium Density Residential/Light Mixed... Page 11 of 14  Ocean Shores Municipal Code Page 4/5 Chapter 17.18 R-2 ZONEóDUPLEX B. Homeless services uses are prohibited in the R-3 zone. (Ord. 1076 ß 2, 2021; Ord. 837 ß 1 (part), 2008) 17.18.050 Density regulations. A. One single-family dwelling structure is allowed per established and recorded lot according to the plats existing as of August 1, 2003, or as legally created thereafter under the provisions of the city short plat and subdivision requirements. B. Two-family dwellings shall have a minimum lot size of eight thousand square feet per structure. C. Subdivisions, short plats, replats and/or boundary line adjustments shall have a minimum lot size of seven thousand two hundred square feet for three and four family dwelling structures. D. Subdivisions, short plats, replats and/or boundary line adjustments shall have a minimum lot size of three thousand six hundred square feet for two-family dwelling structures. D. Subdivisions, short plats, replats and/or boundary line adjustments shall have a minimum lot size of one thousand eight hundred square feet for single-family dwelling structures. (Ord. 837 ß 1 (part), 2008) 17.20.060 General regulations. The provisions of Section 17.16.060, General regulations, of the R-1 zone, and Section 17.16.070, Regulations for manufactured homes, shall also apply in the R-3 zone. (Ord. 837 ß 1 (part), 2008) The Ocean Shores Municipal Code is current through Ordinance 1099, passed May 8, 2023. 5. Medium Density Residential and Medium Density Residential/Light Mixed... Page 12 of 14  Ocean Shores Municipal Code Page 5/5 Chapter 17.18 R-2 ZONEóDUPLEX 17.04.155 Dwelling Structure. Dwelling Structure means a building designed exclusively for residential purposes, including one-family, two- family and multiple family dwellings, but not including hotel or motel units designed for short-term occupancy. (Ord. 837 ß 1 (part), 2008: Ord. 136 ß 2.31, 1974) 17.04.160 Dwelling, multiple. Multiple dwelling means a building designed exclusively for occupancy by three two or more families living separately from each other and containing three or more dwelling units. (Ord. 837 ß 1 (part), 2008: Ord. 136 ß 2.32(c), 1974) 17.04.165 Dwelling, one-family. One-family dwelling means a detached building designed exclusively for occupancy by one family and containing one dwelling unit. (Ord. 837 ß 1 (part), 2008: Ord. 136 ß 2.32(a), 1974) 17.04.170 Dwelling, two-family. Two-family dwelling means a building designed exclusively for occupancy by two families living separately from each other and containing two dwelling units. (Ord. 837 ß 1 (part), 2008: Ord. 136 ß 2.32(b), 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 ß 1 (part), 2008: Ord. 136 ß 2.33, 1974) 17.04.180 Dwelling unit, accessory. Accessory dDwelling uUnit (ADU) means a dwelling unit that has been added onto, created within, or separated from a single-family detached dwelling for use as a complete independent living unit with provisions for cooking, eating, sanitation, and sleeping. (Ord. 837 ß 1 (part), 2008) The Ocean Shores Municipal Code is current through Ordinance 1099, passed May 8, 2023. 5. Medium Density Residential and Medium Density Residential/Light Mixed... Page 13 of 14  Proposed Zones Update of Ocean Shores Washington Zoning Code a/o 08/08/2023 1. R-L Zone: Low Density Residen�al/Single Family Residen�al – 17.16 R-1 Zone Single Family Residential 2. R-M Zone: Medium Density Residen�al – 17.18 Zone R-2 Duplex; 17.20 R-3 Zone Triplex; 17.22 R-4 Zone Fourplex 3. R-H Zone High Density Residen�al – 17.27 R-5 Zone Fiveplex and Sixplex; 17.28 R-7 Zone Multifamily Medium Density; 17.30 R-8 Zone Multifamily High Density; 17.32 R-9 Zone Multifamily Ultra High Density 4. R-L/Mixed Zone Low Density Residen�al/Mixed Use 5. R-LM/Light Mixed Zone: Medium Density Residen�al/Light Mixed Use 6. R-M/Moderate Mixed Zone: Medium Density Residential/Moderate Mixed Use 7. R-H/Mixed Zone High Density Residen�al Mixed Use 8. B-1/Downtown Corridor Zone 9. B-1 Zone Retail Commercial - 17.34 Retail Commercial 10. B-2 Zone General Commercial – 17.36 General Commercial 11. B-3 Zone Resort Tourist – 17.37 Resort Tourist Commercial 6. Proposed Zones Led by: Planning Commission Chair, Gary Pease Page 14 of 14