Planning Commission recommends rezone of 972 Shimia Court SE to allow outdoor construction storage

The Ocean Shores Planning Commission on March 25 recommended that the City Council approve rezone application RZ24-00004 to change the zoning for 972 Shimia Court Southeast from B-1 Retail Commercial to B-2 General Commercial to permit outdoor storage related to a construction business.

City planner Marshall Reed presented the staff report, identifying the applicant as Ocean Design LLC and describing the parcel (parcel number 0943002202900) as a 9,909-square-foot lot in the city's southeast quadrant. Reed said the property is currently zoned B-1 and surrounded by a mix of B-1 and B-2 zoning; the comprehensive plan designation for the area is general commercial. Reed told the commission that the applicant submitted a State Environmental Policy Act (SEPA) checklist and that staff had received no adverse agency comments on the SEPA review. "Permitted uses [in the B-2 zone] shall include...uses requiring outdoor activity," Reed said, explaining why the rezoning would be necessary for outdoor storage.

A written comment from the DiPolo Family Trust, read into the record, opposed the rezoning on aesthetic grounds and said B-2 zoning could be "less regulated and perhaps not as aesthetically pleasing for a family friendly neighborhood," adding concerns about families and children who walk the area. Multiple nearby residents spoke in person, saying they feared visual blight, noise, and reduced property values if outdoor construction storage moved into what many described as a largely residential court. Daniel Marcagione identified himself for the record and said the surrounding area contains nightly/weekly rental and residential uses; another neighbor said a nearby site that had been converted for industrial storage generated noise and blowing sand.

Rita, a public commenter, raised technical stormwater concerns and cited the Ecology Stormwater Manual (02/2005) for Western Washington (Vol. 4, p. 260), noting that outdoor stockpiles of materials such as sand, gravel, topsoil, lumber or other building materials can generate leachate and suspended solids that require containment and treatment. "You're not supposed to discharge stormwater from this type of site without having some type of treatment," Rita said, urging the commission to identify required best management practices and to revisit the city's SEPA determination.

The applicant, who identified himself as Joseph of Ocean Design LLC, said his business is primarily residential construction and would store typical construction materials (lumber and similar items) rather than salt, rock or other potentially corrosive materials. He said he intends to install screening (a substantial fence) and either enclosed storage or covered containment to minimize visual and stormwater impacts. "My business is a real estate development in Ocean Shores that deals mostly residential construction...I would just move [leftover materials] here so they are in one place and not left on job sites," the applicant said.

Reed and other staff responded that commercial developments in both B-1 and B-2 currently require engineered stormwater systems: designs that generally infiltrate or "perk" stormwater on-site via perforated pipe systems and catch basins or other BMPs, and that development must meet the city27s building, fire and utility standards. Reed said the city is working to align its practices with the more recent stormwater manual for shoreline properties and is upgrading requirements over time.

After public comment and staff discussion, a commissioner moved to recommend approval of the rezoning to the City Council; a second was made and the commission voted in favor. The commission made a recommendation only — the final decision rests with the City Council, which may adopt, amend, or reject the commission's recommendation.

The planning department recommended conditions if the City Council approves the rezoning, including adherence to land use, environmental, building and fire code requirements; compliance with City of Ocean Shores standards for utility construction; and completion of required city inspections. The record includes the SEPA checklist and public notice information: mailed to property owners within 300 feet on March 17, 2025, and published in the Daily World on March 15 and March 18, 2025.

With the commission's recommendation, the rezone will next proceed to the City Council for a final decision; the commission's action is advisory.