Planning Commission

AGENDA PLANNING COMMISSION Thursday, April 21, 2022 - 7:00 PM 200 East Scott Avenue - Woodland, Washington Page CALL TO ORDER ROLL CALL CITIZEN COMMUNICATIONS FOR ITEMS NOT ON THE AGENDA AGENDA APPROVAL APPROVAL OF MINUTES Approve the minutes for March 17, 2022 3-4 Minutes Planning Commission - 17 Mar 2022 DISCUSSION/WORKSHOP Special Events - Workshop for proposed code amendments regulating 5 - 16 the use of Special Events Permits within the City of Woodland. PACKET - Special Events Workshop Wheeled All Terrain Vehicles - Workshop for proposed code 17 - 21 amendments regulating the use of wheeled All Terrain Vehicles within the City of Woodland limits. PACKET- Ord 150x WATV ORD 1505 - REMAND workshop for ORD 1505 for code amendments 23 - 32 regulating the use of residential uses within the commercial zoning districts (ZTA-22-003) PACKET - Ord 1505 REMAND Mixed use ADJOURN Planning Commission Thu, Apr 21, 2022 7:00 PM - 10:00 PM (PDT) Please join my meeting from Google Chrome on your computer. https://meet.goto.com/505959709 Get Chrome: https://www.google.com/chrome/browser Page 2 of 32 March 17, 2022 DRAFT The REGULAR Meeting of the Woodland Planning Commission was held on the above date at the Woodland Council Chambers, 200 East Scott Avenue, Woodland WA. The meeting was called to order by Commissioner Tel Jensen. CALL TO ORDER 7:00 PM ROLL CALL Roll was taken Present: Bryan Mattson Tel Jensen Shawna Gawthorne Sharon Watt Absent: Sam Nigro Also Present: Amanda Hougan, Clerk David Lukaczer, Associate Planner CITIZEN COMMUNICATIONS FOR ITEMS NOT ON THE AGENDA None AGENDA APPROVAL Bryan Mattson moved to approve the agenda as presented; Shawna Gawthorne seconded the motion; motion carried. PUBLIC HEARING Agriculture (AG) Zoning District Adoption - A hearing to consider amending the WMC to add an agricultural zoning district to the city code. (ZTA-22-002) David Lukaczer gave a PowerPoint presentation on amending the WMC to add an agricultural zoning district to the city code (ZTA-22-002). David Lukaczer presented the Port of Woodland comments to ZTA-22-002. Discussion ensued. Bryan Mattson moved recommendation of approval to consider amending the WMC to add an agricultural zoning district to the city code (ZTA-22-002); Shawna Gawthorne seconded the motion; motion carried. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4) Yes: Bryan Mattson, Tel Jensen, Shawna Gawthorne, and Sharon Watt Absent: Sam Nigro Page 3 of 32  Sharon Watt moved to recommend a draft revision to code 9.09.010 to address the issue of hunting in the agricultural zone district. Bryan Mattson seconded the motion; motion carried. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4) Yes: Bryan Mattson, Tel Jensen, Shawna Gawthorne, and Sharon Watt Absent: Sam Nigro Public Hearing closed at 7:47PM DISCUSSION/WORKSHOP Special Event Code - Workshop for proposed code amendments regulating the use of Special Event Permits within the City of Woodland. David Lukaczer presented a discussion of the current code for special events and presented new possible changes to the code. Discussion ensued. Staff Reports None Commissioner Reports Sharon Watt shared progress report on the local library. ADJOURN 8:14PM Tel Jensen, Chair Minutes approved: __________________________ Attest: Amanda Hougan, Clerk These minutes are not a verbatim record of the proceedings. A recording is available in the office of the Clerk-Treasurer Page 4 of 32  City Of Woodland Planning Commission Agenda Summary Sheet Agenda Item: Workshop for proposed code Agenda Item #: Public Hearing amendments regulating the use of Special Event Permits within the City of Woodland. For Agenda of: April 21st, 2022 Department: CDD Date Submitted: April 15th, 2022 Cost of Item: N/A BARS #: Amount Budgeted: N/A Description: Unexpended Balance: N/A Department Supervisor Approval: David Lukaczer, Associate Planner Committee Recommendation: Workshop (No Recommendation) Agenda Item Supporting Narrative (list attachments, supporting documents): • Draft WMC chapter 5.60 – Special Event Permits Summary Statement A second workshop is to be held on April 21st, 2022 for the City of Woodland Planning Commission regarding the addition of Special Event Permit regulations and process to the Woodland Municipal Code. Special Event Permits allowing for the use of public infrastructure by private organizations/individuals have been a service provided by the City of Woodland for years, however the process and regulations surrounding this program has not been identified within the Woodland Municipal Code. Proposed WMC section 5.60 is intended to integrate the Special Event Permit system into the WMC. Page 5 of 32 WMC 5.60: Special Use Permits 5.60.010: Definitions As used in this chapter, the following terms are defined in this section: “Entry fee” refers to any fee, donation, or charge levied by the event sponsor and/or sponsoring group that is required prior to entrance and/or participation within any special event. “Entry fee” does not refer to any charge levied as a result of commercial sale of food, drink, or other typical transaction by a vender. “Special Event” refers to any dance, festival, or event involving any city property, and/or city street(s) where the number of individuals expected to attend is equal to, or greater then, one hundred (100) people, or all events where city streets or sidewalks are blocked, modified, and/or impeded, regardless of the number of people expected to attend. A special event also includes events on private property where the expected attendance exceeds five hundred (500) persons and where Woodland public streets and parking are likely to be affected. A special event may include any or all age groups or persons or any combination thereof, as set forth in the permit to conduct such event. A ”Special Event” does not include the following: A. Any meeting or gathering in a building intended for assembly occupancy where the number of persons in attendance does not exceed the occupancy capacity of the building; B. Service group, school or church related fundraising efforts which may have an incidental effect on city property, and where, i. Expected attendance is One Hundred and Fifty (150) people or less; ii. Attendance is expected to transitory (short term); and iii. No public access to any City property is blocked off, denied, or otherwise limited, either explicitly or implicitly. This exemption includes, but is not limited to, bake sales, the sale of Girl Scout cookies and car washes. C. School events on school grounds. “Sponsor” or “sponsoring group means any one or more of the following: A. An individual; 1 Page 6 of 32  B. Government agencies, entities, or political subdivisions; C. Clubs, fraternal orders, societies or groups which are profit or nonprofit corporations or associations under the laws of Washington State. "Vendor" means any person, persons, business or entity selling goods or services to the general public from a rented booth or area or as part of a special event activity. 5.60.015: Permit Required A. No person, firm, corporation, club, organization, or association shall conduct, hold, or sponsor any special event involving city property and/or city street(s) or impacting city streets without a permit being issued and approved by the city and payment of the permit fee received by the city clerk-treasurer. Prior to approval by the city, the permit application shall be circulated for comment to the clerk-treasurer, public works director, chief of police, and fire chief. Any sponsoring group aggrieved by the denial of a special events permit may appeal to the city council at its next regularly scheduled meeting. Issuance of a special event permit does not obligate or require the city to provide service, equipment, or personnel in support of a special event. B. When such an event will be an exercise of rights protected by the first and fourteenth amendments to the United States Constitution, the application shall be processed promptly, without charging a fee for political or religious activities or imposing terms or conditions that infringe constitutional freedoms, and in a manner that respects the liberty of applicants and the public. C. Exceptions. A special event permit is not required for the following: a. Parades, athletic events or other special events that occur exclusively on city property and are sponsored or conducted in full and/or sponsored by the City of Woodland following an internal review process; b. Funeral and wedding processions; c. Groups required by law or local ordinance to be so assembled; d. Temporary sales conducted by businesses, such as holiday sales, grand opening sales, or anniversary sales; e. Garage sales, rummage sales, estate sales or auctions conducted on private property; 2 Page 7 of 32  f. Other similar events and activities which do not directly affect or use city services or property. Although not required to be issued a special event permit by the City of Woodland, an event organizer of an activity exempted from this chapter is required to comply with all local, state, and federal laws and regulations governing public safety or health. Nothing in this section shall be construed to abrogate or limit the authority and jurisdiction of the city to enforce any other provisions of the WMC and/or any other local or federal regulations. 5.60.018: Sponsor Required No permit to conduct, hold or sponsor any special event involving any city property and/or city street(s) shall be issued except to a sponsor or sponsoring group. 5.60.020: Sponsor Responsibilities Prior to receiving a permit Any sponsor or sponsoring group shall make provisions for the following if applicable: A. Event Parking and/or parking logistics B. Event Litter and/or trash collection and disposal C. Event Sanitary Facilities D. Event Communication and/or advertising E. Event Security F. Road Restrictions: 1. Normal area traffic, independent of event 2. Emergency vehicle traffic and accessibility 3. Event traffic G. Medical, minimum of first aid H. Fire and fire access I. Event age restrictions J. Ramping of sidewalks K. Liquor permit 3 Page 8 of 32 5.60.025: Sponsor Responsibilities during the event Any sponsor or sponsoring group to whom a permit has been issued to conduct, hold or sponsor an event shall be responsible for the following during the event: A. The orderly conduct of all persons, animals, and sponsors in attendance of the event; B. The admission of those individuals that meet stated requirements and/or restrictions set by the event sponsor: 1. Age restrictions set for the event; 2. Organizational affiliation set for the event; 3. Any other restriction placed upon attendance of the event that does not discriminate based on race, gender, or any other protected class; C. The removal from the event of any person, dog, and/or sponsor attending the event whom are deemed to be disorderly and/or whom are found to have caused significant disturbances; D. The enforcement of all provisions of this chapter under which the permit was issued; E. The Acquisition, placement, maintenance, and removal of any/all temporary sanitation facilities; F. The acquisition, placement, maintenance, and removal of any/all temporary traffic control devices; G. The acquisition, placement, maintenance, and removal of any/all temporary litter and/or recycling containers; H. No event sponsor shall obstruct a city street beyond five feet from the center line of the city street; I. Coordination and communication with relevant City of Woodland agencies and officers, as required and/or requested prior to event approval, which includes; 1. Maintenance of active and effective lines of communication, including an active contact person for the event. 2. Adherence to any/all lawful requests by agents/agencies representing the City of Woodland, or surrounding jurisdictions, including (but not limited to): a. Woodland Police Department b. City of Woodland Government (Department of Public Works, Department of the Clerk-Treasurer, etc) c. Woodland Public Schools d. Clark-Cowlitz Fire and Rescue (“CCFR”) J. Adherence to any further restrictions, agreements, and/or stipulations in addition to this code, as agreed upon prior to Special Event Permit approval. 4 Page 9 of 32 5.60.030: Permit Fees All Special Event Permits shall be considered approved only following the approval by the City of Woodland department heads (Public Works, Community Development, Clerk-Treasurer, and Woodland Police), as well as receipt of all outstanding fees, deposits, and/or monetary guarantees as outlined in Resolution #744. 5.60.035: Deposits and Fees A. In addition to any applicable fees and payments as outlined within the Woodland Fee resolution, no permit shall be granted unless the applicant has a deposit with the city clerk-treasurer in the form of cash or surety bond, to save and protect the city from any and all expense and/or damage arising from the operation of the applicant’s event or caused by vehicles, employees, participants, and/or patrons of or at the event. The bond shall be used to: 1. Pay all charges and losses and losses of the city for damage to the streets, sidewalks, pavements, bridges, street signs, and other city property; 2. Pay all expenses incurred by the city in restoring the land upon which the event is held to a safe and sanitary condition; and 3. Pay any extraordinary law enforcement costs incurred by the city which result from or arise out of the operation of the event. B. Standard deposit shall be set by the fee resolution and determined by Tier of event and number of days the event will run for as outlined below (and within the fee resolution): Tier: Deposit Modifier: Tier 1 (up to 150 attendees, no entry fee) Base deposit as per fee schedule Tier 2 (150+ attendees, no entry fee) 2x base deposit per fee resolution Tier 3 (Event with entry fee or over 300 2.5x base deposit per fee resolution attendees) All deposits are assessed per day of the event. C. The bond deposited shall be returned to the applicant once the clerk-treasurer certifies that no charge for damage or loss may be made against the deposit, or that the charge is less than the cash amount of the deposit and the balance shall be returned. D. The applicant shall furnish evidence of a liability insurance policy providing for a minimum of one hundred thousand dollars bodily injury coverage per person; three hundred thousand dollars bodily injury coverage per occurrence. 5 Page 10 of 32 5.60.45: Vender’s License It is the responsibility of the sponsor and/or the sponsoring group to provide documentation that any vender of food, drink, and/or paid entertainment possesses either; A. An active City of Woodland business license; or B. An active City of Woodland Peddler’s license. Documentation of all venders must be provided no later then 14 days prior to the Special Event. At staff’s discretion, venders may be accepted if they have an active application for a business license and/or peddler’s permit provided that it is conditioned in writing that the vender’s approval is contingent on approval of outstanding licensure and/or permitting. 5.60.050: Special Event Permit – Application – Process All Special Event Permit applications must be submitted to the City of Woodland Clerk- Treasurer’s office no less than 6 weeks prior to the date of proposed event, reviewed by relevant departments, and approved by administrative decision no more then 45 days following the receipt of a complete application. No application provided to the City of Woodland shall be considered complete without providing the following documentation: A. All applicable fees and/or deposits as outlined within the fee schedule; B. Completed Special Events Application form; C. A letter to the City Specifying: 1. Summary of planned event, including any requests for special accommodation and/or road closures; 2. Location(s) requested; 3. General outline and/or schedule of events and/or venders present at the proposed event; D. A diagram, map, or planning set detailing the proposed set-up of the event for use by the Fire Department and building inspectors prior to the event date; E. A completed and signed street closure permit (if applicable). Following verification of application completeness, responsible official within the City of Woodland’s office of the Clerk-Treasurer shall provide physical or digital copies of completed 6 Page 11 of 32 application packet to all City Department Heads, or their appointed designees, for their review, comments, and/or suggested revisions to be communicated to the applicant. Following the comment period, all feedback by the executive team shall be returned to the responsible official who shall either approve, approve with conditions, or deny the Special Event Permit. 5.60.060: Parking Areas When applicable, the application for a permit shall be accompanied by a drawing and/or plan showing proposed parking facilities. All applicants shall obtain written parking permission from any/all private property owners to be attached to the application. Public parking areas, including both street and lot parking, may be utilized as proposed parking facilities provided that; A. Identified public parking infrastructure may be deemed to be within a reasonable walking distance of the stated location of the proposed special event; B. No other private or city event requires the use of the identified public parking infrastructure during period of use; C. The special event sponsor does not intend to fence off, block, or otherwise interfere with public use of said parking infrastructure; D. No City of Woodland department, council member, and/or commission objects to the use of identified public parking infrastructure. 5.60.070: Permit denial The city may deny an application for a special event permit if: A. The applicant provides false or misleading information; the applicant fails to complete the application or to supply other required information or documents; or the applicant declares or shows an unwillingness or inability to comply with the reasonable terms or conditions contained in the proposed permit; B. The proposed event would conflict with another proximate event, interfere with construction or maintenance work in the immediate vicinity or unreasonably infringe upon the rights of abutting property; or C. The proposed event would unreasonably disrupt the orderly or safe circulation of traffic as would present an unreasonable risk of injury or damage to the public; 7 Page 12 of 32  D. There are not sufficient safety personnel or necessary city staff to accommodate the event; or E. The applicant failed to comply with any material term of this chapter or condition of a special event permit previously issued to the applicant. If such application is disapproved, the city shall set forth in writing the reasons for the disapproval and attach a written statement to the application and forward a copy to the applicant. If disapproval of the application is recommended by the city, the applicant may appeal the disapproval to the city council at their next regular meeting. 5.60.072: Conditions of Approval The following conditions shall apply to all special event permits: A. Issuance of a special event permit shall be expressly conditioned on the issuance of all other required city, state, or county permits or licenses; B. The special event will not substantially interrupt public transportation or other vehicular and pedestrian traffic in the area of its route; C. The special event will not cause an irresolvable conflict with construction or development in the public right-of-way or at a public facility; D. The concentration of persons, animals, or vehicles shall not unduly interfere with the movement of police, fire, ambulance, and other emergency vehicles on the street, or otherwise significantly impact the proper operation of emergency services; E. The special event will not substantially interfere with any other special event for which a permit has already been granted or with the provision of City services in support of other scheduled special events or unscheduled governmental functions; F. The special event will not have significant adverse impact upon residential or business access and traffic circulation in the same general value; G. For any special event that will attract a large crowd, security must be provided for in accordance with WMC 5.60.080; H. The event organizer is prohibited from using the words “the City of Woodland,” the name of any city department, or a facsimile of any logo of the city without the city’s written authorization. In order to ensure that the conditions of this section are met, the responsible city official may place additional conditions on the issuance of a special events permit by imposing reasonable requirements concerning the time, place and manner of the event, and such requirements as 8 Page 13 of 32 are necessary to protect the safety and rights of persons and property, and the control of traffic. The additional conditions may include: A. Alteration of the time, place, and/or manner of the event proposed on the event application; B. Conditions concerning the area of assembly and disbanding of an event occurring along a route; C. Conditions concerning accommodation of pedestrians or vehicular traffic, including restricting the event to only a portion of the street or rights-of-way; and D. Such other information and conditions as are reasonably necessary for the conduct of the special event and the enforcement of the WMC. E. Requirements for the use of traffic cones or barricades; F. Requirements for the provision of first aid or sanitary facilities; G. Requirements for use of event monitors and providing notice of permit conditions to event participants; H. Restrictions on the number and type of vehicles, animals, or structures at the event, and inspection and approval of floats, structures, and decorated vehicles for fire safety; I. Compliance with animal protection ordinances and laws; J. Requirements for use of garbage containers, cleanup and restoration of city property; K. Restrictions on the use of amplified sound and compliance with noise ordinance, regulations and laws; L. Notice to residents and/or business regarding any activity which would require a street closure; M. Restrictions on the sale and/or consumption of alcohol; N. Elimination of an activity which cannot be mitigated to a point as to ensure public safety and welfare, or which causes undue liability to the city; O. Requirements regarding the use of city personnel and equipment; P. Compliance with any other applicable federal, state, or local law or regulation; or Q. Payment of applicable special event fees. 5.60.075: Permit – Revocation A state certified law enforcement officer may revoke or suspend a permit after it has been issued should he or she find any of the following: 9 Page 14 of 32  A. The applicant for the permit or the permit holder has committed a violation of any provision or regulation outlined within this chapter; B. Any conduct inconsistent with the permit and/or any violation of the law. Should a revocation and/or suspension of a Special Event Permit occur, it is the sole responsibility of the event sponsor(s) to ensure the safe disbursement of all parties involved, as well as the complete breakdown of the Special Event. 5.60.080: Security The applicant is responsible for providing a plan for security for security. The applicant may use a licensed and bonded private security company or request security from the Woodland Police Department. 5.60.082: Cost of Woodland Police Department If an applicant seeks to use the Woodland Police Department (WPD) for security, the applicant shall, at the time the permit is granted, pay an agreed upon rate for each officer required in order to cover an average overtime rate plus benefits to cover the costs incurred by the city to provide special duty officers. The payment shall be made to the clerk-treasurer at the time the permit is granted based on the number of expected hours the event will last times the number of officers needed for the event. Refunds of any amount equal to a full hour will be made after the event. The fees herein may be amended by resolution of the city council. 5.60.145: Other Applicable Laws All event sponsors shall comply with all applicable state and federal laws when holding a special event. 5.60.150: Severability If the provisions of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter or the application of the provision to other persons or circumstances is not affected. 10 Page 15 of 32  11 Page 16 of 32  City Of Woodland Planning Commission Agenda Summary Sheet Agenda Item: Workshop for proposed code Agenda Item #: Public Hearing amendments regulating the use of Wheeled All Terrain Vehicles within the City of For Agenda of: April 21st, 2022 Woodland. Department: CDD Date Submitted: April 15th, 2022 Cost of Item: N/A BARS #: Amount Budgeted: N/A Description: Unexpended Balance: N/A Department Supervisor Approval: David Lukaczer, Associate Planner Committee Recommendation: Workshop (No Recommendation) Agenda Item Supporting Narrative (list attachments, supporting documents): • Draft WMC chapter 10.35 – Wheeled All-Terrain Vehicles Summary Statement A workshop is to be held on April 21st, 2022 for the City of Woodland Planning Commission regarding the addition of Wheeled All-Terrain Vehicles (WATV) regulations to the Woodland Municipal Code. The adaptation of code language allowing for the use of WATVs on Woodland Public Streets has been requested a number of times by interested constituents, and the council, mayor, and staff have determined that specific language is required to facilitate this request. Page 17 of 32 WMC 10.35 – Wheeled All-Terrain Vehicles WMC 10.35.010 – Purpose and Applicability The purpose of this chapter is to enact provisions in accordance with 46.09 RCW regarding the use of Wheeled All terrain vehicles (“WATV”). This chapter shall apply to the operation of all WATVs within the City Limits of Woodland, Washington. WMC 10.35.015 – Definitions A) The definitions in Chapters 46.04 and 46.09 RCW are adopted and incorporated by reference, with the following exceptions: 1) “Wheeled all-terrain vehicle” or “WATV” includes ATV, UTV, and OTV as defined below. 2) “All-terrain vehicle” or “ATV” means any motorized nonhighway vehicle with handlebars that is 51 inches or less in width, has a seat height of at least 20 inches, weighs less then 1500 pounds, and has four tires having a diameter of 30 inches or less. 3) “Utility all-tarrain vehicle” or “UTV” means a utility-type vehicle designed for and calpable of travel over designated roads that travels on four or more low-pressure tires of 20 psi or less, has a maximum width less than 74 inches, has a maximum weight less than 2,000 pounds, has a wheelbase of 110 inches or less, and satisfies at least one of the following: a) has a minimum width of 50 inches; b) has a minimum weight of at least 900 pounds; or c) has a wheelbase of over 61 inches. 4) “Off-road vehicle” or “ORV” means a non-street-registered vehicle when used for recreational purposes on nonhighway roads, trails, or a variety of other natural terrain. “Off-road vehicle” or “ORV” includes, but is not limited to, all-terrain vehicles, motorcycles, four-wheel drive vehicles, and dune buggies. WMC 10.35.020 – Operation on City Roads A) All WATVs operating on City of Woodland Roads must: 1) Comply with all Washington State registration requirements in accordance with RCW 46.09.410 and RCW 46.09.420; with the following additions: a) Decals required by RCW 46.09.410(7) shall be affixed securely to the ORV where it is clearly visible. Page 18 of 32  2) Meet all equipment requirements, be certified by a Washington State licensed wheeled all- terrain vehicle dealer or motor vehicle repair shop, and declaration requirements in accordance to RCW 46.09.457. B) All persons operating WATVs on city roads must meet all registration and licensing requirements as set forth in Chapter 46.09 RCW, with the following additions: 1) Registration must be provided to a duly licensed law enforcement officer upon request; C) All persons operating WATVs on city roads must obey all traffic laws including but not limited to rules of the road, traffic law or code, parking regulations, and road closures or restrictions, unless otherwise expressly exempted by Chapter 46.09 RCW. WATV operators must obey posted speed limits while traveling on City streets WMC Chapter 10.08. 1) When operated on Woodland public streets, any singular MATV shall be considered the equivalent of a road-legal automobile, and shall be operated in a manner consistent with all relevant Municipal State codes, and it is the sole responsibility of the operator of any WATV to adhere to WMC Title 10 and WAC 308-330, as adopted by WMC 10.04.010 D) Headlights meeting the requirements of RCW 46.37.030 and 46.37.040 and tail lamp meeting the requirements of RCW 46.37.525 must be used at all times the vehicle is in motion. E) Documentation of safety inspection required by RCW 46.09.457(1)(b)(i) must be carried in the vehicle and provided to a duly licensed law enforcement officer upon request. F) All occupants of a WATV shall wear a DOT approved helmet unless it has an Original Equipment Manufacturing (OEM) Roll Over Protection System (ROPS). G) The operator and all passengers in a utility all-terrain vehicle shall wear safety belts. Safety belts are required even if not provided by the manufacturer. WMC 10.35.035 – Operations by persons not possessing a valid license Any person not possessing a valid license to operate a motor vehicle under chapter 46.20 RCW may not operate any WATV on city roads. WMC 10.35.040 – Roads Designated for WATV use A) City roads west of interstate 5 that have a speed limit of 35 or less are designated for WATV use, outside of: 1) Bozarth Avenue between Goerig Street and 6th Street, 2) Pacific Avenue between CC Street and West Scott Avenue, 3) North Pekin Road, and 4) Guild Road between N. Pekin Road and City line. B) Boundaries of roads designated under this chapter start and stop at intersections of these roads with other roads not designated. Page 19 of 32 WMC 10.35.050 – Prohibited Activities A) No operator may use any WATV to pull a sled, toboggan, inner tube, wagon Trailor, or any other similar device. B) No person shall operate any WATV while under the influence of alcohol, marijuana, or other intoxicant, or while otherwise considered legally impaired. C) No person shall operate or park any WATV on any sidewalk, walkway, pedestrian trail or bridge where the operation of motorized vehicles is prohibited. WMC 10.35.060 – Exceptions This chapter shall not apply to an appropriate local, state, and/or federal agency that engages in emergency management, as defined by state law, or to those individuals associated with such agencies and engaged in search and rescue operations, as defined by state law, or law enforcement agencies when operation of any such vehicle is in accordance with the scope of the official duties of the agency. WMC 10.35.065 – Violations and penalties A) Is a violation of this chapter for any person or WATV to operate on city roads inconsistent with this chapter. Any person violating this chapter shall be guilty of a traffic infraction punishable in accordance with Chapter 46.63 RCW; provided, conduct that constitutes a criminal traffic offense may be charged as such and subject to the maximum penalties allowed for such offenses. B) In addition to the penalties provided in this chapter the owner and/or operator of any nonhighway vehicle shall be liable for any damage to property including, but not limited to, damage to trees, shrubs, or growing crops as the result of operating a WATV. The owner of such property may recover from the person responsible three times the amount of damages per RCW 46.09.490(2). WMC 10.35.070 – Severability Page 20 of 32 If any section, subsection, clause, phrase or word in this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such section shall be deemed a separate provision and such holding shall not affect the validity of the remaining portion of this chapter. Page 21 of 32 Page 22 of 32  City Of Woodland Planning Commission Agenda Summary Sheet Agenda Item: REMAND workshop for ORD Work shop Agenda Item it: 1505 for code amendments regulating the use of residential uses within the commercial For Agenda of: April 21, 2022 zoning districts. (ZTA-22-O03) Department: CDD Date Submitted: April 15, 2022 Cost of Item: BARS ii: Amount Budgeted: Description: Unexpended Balance: Travis Goddard, Community Development Department Supervisor Approval: Director/Deputy Clerk Treasurer Committee Recommendation: Agenda Item Supporting Narrative (list attachments, supporting documents): 0 Draft Ordinance 1505 Summary Statement The Planning Commission has been asked to revisit Ordinance 1505. Councilmember Rounds asked that the ratio of commercial to residential be reconsidered and that other options be presented to the Council. Page 23 of 32  ORDINANCENO. 1505 THE CITYOF WOODLAND, WASHINGTON AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WOODLAND AMENDING THE WOODLAND MUNICIPAL CODE TO ADOPT DEVELOPMENT STANDARDS FOR RESIDENTIAL MIXED—USEDEVELOPMENTSIN THE HIGHWAY COMMERCIALC-2 DISTRICTAND AUTHORIZE PUBLICATIONBYSUMMARY. WHEREAS, Woodland Municipal Code (WMC) 19.08 authorizes the City Council to make decisions on zoning code amendments; and WHEREAS,the Planning Commission held a workshop on this item on December 18"‘. 2021; and WHEREAS,the Planning Commission held a public hearing on February 17”‘,2022 to consider the proposed ordinance; and WHEREAS, the City Council held a public hearing March 7”‘,2022 to consider the proposed ordinance; and WHEREAS,notice for the public hearings was published in the newspaper of record and posted as required by code; and WHEREAS, all procedural requirements ofthe WMC for these amendments have been met; and WHEREAS,the Woodland City Council has reviewed the following amendments to the WMC and found them to be acceptable and appropriate. NOW, THEREFORE,BE IT ORDAINED BY THE CITYCOUNCIL OF THECITYOF WOODLAND AS FOLLOWS: Section 1. Amendment of WMC 17.36.02O Old Section WMC 17.36.020(29 —Theexisting code section to be superseded and replaced currently reads as follows: 29. Uses permitted in the C-1 central business district; New Section WMC 17.36.020(29) —Thecode section is amended to read as follows: 29. Uses permitted in the C-1 central business district except for residential uses which shall be a permitted use pursuant to Section 1736.140; Page 24 of 32  Section 2. Amendment WMC 1736.030 Old Section WMC 17360301121 The existing code section to be superseded — and replaced currently reads as follows: 12. Wireless Communication Facilities. New support towers consistent with Section 17.71.195. New Section WMC 1736.030 The code section is amended to read as follows: — 12. Wireless Communication Facilities. New support towers consistent with Section 17.71.195; and, 13. Mixed residential uses which include ground floor residential spaces greater than that outlined for permitted uses in Section 17.36.140(B). Section 3. Add new section WMC 1736.140 New Section for WMC 1736.140 —The code section is amended to read as found in Attachment A. Section 3: Severability. if any section, sentence, clause or phrase in this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause or phase ofthis Ordinance. Section 4: Effective Date. This ordinance shall become effective five (5) days after its summary publication in this media or paper of record as required bylaw. ADOPTED this 4"‘ day of April 2022. CITYOF WOODLAND, WASHINGTON Approved: William A Finn, Mayor Attest: Georgina D. Anderson, Deputy Clerk-Treasurer Page 25 of 32 Approved as to form: Frank F. Randolph, City Attorney Page 26 of 32  Attachment A CHAPTER17.36 — HIGHWAY COMMERCIALDISTRICT[C-Zl 17.36.140 — Residential standards for mixed use commercial development. The following standards apply to all developments that include a residential component (hereby known as a mixed»use development for this section) in a commercial C~2zoning district. Mixed use projects must be intended to meet the purpose and intent of the highway commercial district (C-2) for providing commercial services, while the residential component must be secondary to the commercial activity within the standards herein. A. Permitted uses for mixed use developments Not all commercial uses can be considered compatible with — a residential mixed-use component. The following permitted uses from WMC 17.32.020 and WMC 1736.020 are not compatible for the purposes of mixed-use proposals: WMC 1732.020 11. Electric vehicle charging stations; 21. Home occupations provided they are accessory to single-family dwellings and meet the requirements of WMC 17.16.100; 22. Hotels, motels, and hostels; 24. Live-work units; 28. on-site hazardous waste treatment and storage facilities as an accessory use to any activity generating hazardous waste and lawfully permitted in this zone, provided that such facilities must meet the state siting criteria adopted pursuant to the requirements of RCW 70.105210 as now or hereafter amended; 37. Public and private off-street parking facilities; 40. Public transportation facilities such as bus stations, train stations, and transit shelters; 41. Recycling collection point; 51. Uses similar to the above that are not otherwise listed in this chapter; and 52. Residential use is allowed on the bottom floor of any building in the C-1 zone that does not share a property line with Davidson Avenue or Goerig Street. And, WMC 1736.020 5. Commercial parking lots and garages; 16. Motels, hotels and living quarters for owners or a resident manager only (living quarters are to be within the hotel or motel); 19. Police and fire stations; 20. Public parks and recreation facilities; 21. Public transportation system terminals; 27. Signs pursuant to Chapter 17.52; 29. Uses permitted in the C-1 central business district except for residential uses which shall be a permitted use pursuant to Section 17.36.140; Page 27 of 32  33. Bed and breakfast inns; and 34. On-site hazardous waste treatment and storage facilities as an accessory use to any activity generating hazardous waste and lawfully permitted in this zone, provided that such facilities must meet the state siting criteria adopted pursuant to the requirements of RCW 70.105210 as now or hereafter amended. B. Prohibited uses for mixed-use developments In addition to the exclude uses listed above, other uses not — listed as a permitted use in WMC17.32.020 and WMC 1736.020 shall be considered prohibited uses for the purposes of mixed-use developments. Architectural and design standards. 1. All structures must be consistent with the architectural and site design standards of WMC 1736.130. 2. All mixed—usestructures must have commercial space for the entire ground floor, with the exception for residential access, lobby, and utility spaces to be defined as: a. The minimum area necessary for ingress and egress staircases and/or elevators; and b. The minimum area for mail boxes and residential utilities; and, c. Provided the residential use area on the ground floor is: i. Limited to 10% ofthe ground floor square footage for lobby and access, as a permitted use; and, ii. Provided utility and mechanical space serving the residential area is 5% or less of the ground floor square footage as a permitted use; and, d. Lobbv, entry, and utility or mechanical spaces larger than those described above may be permitted through a conditional use permit per WMC 19.17.72 provided: i. it can be shown the space is the minimum area necessary per applicable building or fire codes; and ii. it can be shown that there are no alternative arrangements for meeting those standards using alternative designs for outside or non—ground floor mechanical and utility placement is possible. There is no density limit for mixed-use structures provided that: a. The development does not exceed a ratio of three residential floors to the single groundvfloor commercial floor; and b. Provided there is adequate parking to meet WMC 1756 without the use of off»site parking or commercial parking facilities or structures; and, c. No more than 20% of the required parking spaces are requested to be compact spaces; and, cl. No more than 20% of the required parking is shared through a shared parking agreement for on-site uses. All mixed-use structures must have a ground floor height that allows for the maximum possible flexibility for occupancy as possible. At a minimum, the ground floor must have at least 14—feetof height. Mixed-use structures may exceed district height limits without the need for a height variance to accommodate structures that include a commercial ground floor as described above, and up to three Page 28 of 32  floors of residential space above. Normal roof mounted mechanical equipment screened as required in WMC 1736.130 is also exempt from height limitations. 6. Mixed-use developments are not subject to lot coverage requirements provided the overall site is consistent with the architectural and site design standards in WMC17.36.130. Mixed—usedevelopments must be able to demonstrate a reasonable consistency with the comprehensive plan including that it can further the goals and policies for commercial development for the community. The applicant must be able to demonstrate how the job creation goals for commercial properties can be achieved, or that the inclusion of a residential component is not substantially obstructing the achievement of those goals when compared to a reasonable commercial development scenario for the Site. Mixed-use developments must be able to demonstrate there is a multi-modal connection to residential uses, zones, and/or development in the area. Bike and/or pedestrian connection to residential neighborhoods or to a developed recreation facility is preferred unless alternative mitigation can be provided. Mixed-use developments shall mitigate for the impacts of the development in addition to payment of applicable impact fees for both the commercial and residential components of the development. These fees may not be adequate mitigation by themselves, as determined by the SEPA responsible official as part of the review process. Page 29 of 32  SUMMARY OF ORDINANCE NO. 1505 OF THE CITY OF WOODLAND, WASHINGTON 011a 2022. the City Council ofthe City of Woodland. Washington. approved Ordinance N0. 1505, the main point which may be summarized by its title as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WOODLAND AMENDING THE \VOODLAND MUNICIPAL CODE TO ADOPT DEVELOPMENT STANDARDS FOR RESIDENTIAL MIXED-USE DEVELOPMENTS IN THE HIGHWAY COMMERCIAL C-2 DISTRICT AND AUTHORIZE PUBLICATION BY SUMMARY. The full text ofthis Ordinance will be mailed upon request. APPROVED by the City Council at their meeting on 2022. Georgina D. Anderson.Deputy C lerk-Treasurer Page 30 of 32  Community Development Department I) W6bDLA Building | Planning I Code Enforcement PO. Box 9, 230 Davidson Avenue (360) 225-7299, www.ci.woodland.wa.us \N' .r‘\ 8' II I T\’ (E T MN PLANNINGCOMMISSION RECOMMENDATION Residential Uses in Commercial Zone - Zoning Text Amendment (ZTA-22-O03) Applicant: City of Woodland 230 Davidson Avenue PO Box 9 Woodland, WA 98674 Contact: Travis Goddard Community Development Director Site Location: City-wide Parcel Size: N/A Zoning Designation: Highway Commercial (C-2) Date of PC Hearings: February 17, 2022 Projected date for City March 7, 2022 Council consideration: Recommendation: Adoption of WMC 1736.140 I. MOTION AND RECOMMENDATION On the 17"‘of February 2022, the Planning Commission held a public hearing in accordance with Woodland Municipal Code. Upon closing the public hearing, the Commission passed by a vote of 3-0 a recommendation that the City Council Adopt the language for WMC 17.36.14O as described in the staff agenda memo with the following modification: 1. Section WMC 17.36.140(A) should include the permitted uses from the C-1 district (section WMC 1932.020) as proposed by staff; and, 2. Use #38 should be removed from the list of non-compatible uses; and, 3. Use #41 should be added to the list of non-compatible uses; and, 4. The language of section WMC 17.36.140(D) should be reviewed by the City Attorney (as necessary). II. DESCRIPTION OF PROPOSAL The proposed zoning text amendment would affect how residential uses would be regulated by the Woodland Municipal Code in the Highway Commercial (C-2) zoning district. Page 31 of 32 the Woodland Municipal Code in the Highway Commercial (C-2) zoning district. Ill. LOCATION OF PROPOSED DEVELOPMENT The is request will affect the C-2 zoning district city-wide. IV. REVIEWAUTHORITY Per WMC 1908.030, approval authority for Zoning Text Amendments lies with the City Council after a public hearing is held by the Planning Commission. The Planning Commission shall issue a recommendation to the Woodland City Council, after such hearings. This document is the written representation of the Planning Commission's recommendation. i’ x i l /4 6 r -« y Date: 13 Feb 2022 Signature: Tel Jensen, Planning Commission Chair Cc: Applicant Department Heads Planning Commission City Council Mayor City Administrator File City of Woodland Website Page 32 of 32