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Agenda 10/08/2009 SCIT1OF Spokane Valley Planning Commission Agenda pokane Council Chambers, 11707 E. Sprague Ave. \/alleyR Oct 8, 2009 6:00 p.m. to 9:00 p.m. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. APPROVAL OF AGENDA V. APPROVAL OF MINUTES: VI. PUBLIC COMMENT: On any subject that is not on the agenda VII. COMMISSION REPORTS VIII. ADMINISTRATIVE REPORT IX. COMMISSION BUSINESS OLD BUSINESS: DELIBERATIONS, STREET STANDARDS—JOHN HOHMAN NEW BUSINESS: PUBLIC HEARING, CONTINUED CODE AMENDMENTS—TAVIS SCHMIDT PUBLIC HEARING, CODE AMENDMENT -MIKE BASINGER COMMISSION RECOMMENDATION—PUBLIC PARTICIPATION PLAN FOR THE SHORELINE MASTER PROGRAM—LORI BARLOW X. FOR THE GOOD OF THE ORDER XI. ADJOURNMENT COMMISSIONERS CITY STAFF JOHN G. CARROLL, CHAIR KATHY MCCLUNG, CD DIRECTOR CRAIG EGGLESTON GREG MCCORMICK, PLANNING MGR,AICP JOE MANN SCOTT KUHTA, SR. LONG RANGE PLANNER, AICP MARCIA SANDS, VICE CHAIR MIKE BASINGER, SENIOR PLANNER, AICP ART SHARPE CARY DRISKELL, DEPUTY CITY ATTORNEY TOM TOWEY DEANNA GRIFFITH,ADMIN WWW.SPOKANEVALLEY.ORG sookane al a- n E:iii 0 li a -,'`.: Valley DATE: NAME (PLEASE PRINT) ADDRESS WISH TO SUBJECT E-MAIL SPEAK? 102.3 ES 15- Code 4u.ot441a-c--Q-44- .., 1,Atz.'t Matl ,(;,,,v,...,,,....0-0-0127 iL) t,e, kre A.Mor,cluskt.Ce ttatepittne, AlVoC16) cpokyvxste\..t.w.€4 ;.,t• c Ott& 1.%1V(:::::-,k- ,e __A r , &\,- 56-,o N, rhot610, cy-es goie:-/072,-/-dxvoi- ("el ae_cirdeirro ,. croiwt c:ks,)41 to - ( ,-d 2.5.---) , .5", 13es.1-- t t / i2 /.2o, 5 , / /Ye ' Yt/L/1-----Cj"I' --- :-7/O/Al)Nyie,:42 t_ - - t ( . LI et4., C . `',,I . W• \Ni-\\, S\o-v) C\-7--c__Al__ .,-?•\;\ ).E-I, . .- ._._,„-.e i\i\j A q(t _\)) A\D-77) 05/410 _5‘ CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: October 8, 2009 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ® public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Public Hearing to amend Spokane Valley Municipal Code as follows: Chapter 19.20.06 - State that additions to nonconforming structures must meet current zoning setbacks. Chapter 19.40.100 — Remove language to clarify the size limits of Accessory Dwelling Units; add that a manufactured house cannot be an Accessory Dwelling Unit. Chapter 19.40.140 - State that a Home Occupation permit is required for any business person or entity engaging in a for-profit enterprise in a residence. Add and clarify examples of not allowed businesses. Chapter 19.50— .050(G)2 Add the requirement that buildings must meet applicable building code requirements; .060(C)3 Active recreation areas are Community Development Director determined. Chapter 19.120 -Add Self Storage/mini storage to permitted uses in both the I-1 and 1-2 zones. GOVERNING LEGISLATION: RCW 36.70A.390 and RCW 35A.63.220 PREVIOUS PLANNING COMMISSION ACTION TAKEN: None BACKGROUND: The Uniform Development Code was adopted in September of 2007 and was effective October 28th, 2007. Following the adoption of the code, a number of items were discovered which were incorrect, impractical, or omitted. These amendments are corrections of some of these items. ANALYSIS: Spokane Valley Municipal Code Section 17.80.150(6) provides approval criteria that amendments of the Spokane Valley Municipal Code must meet. Those criteria include: 1. The proposed amendment(s) are consistent with the applicable provisions of the Comprehensive Plan. 2. The proposed amendment(s) bear a substantial relation to the public health, safety, welfare and protection of the environment. Staff Comment: Staff constantly reviews and takes in comments regarding its Code provisions in an effort to fix things that are incorrect, don't work as intended, were omitted in error, and to remove those provisions that our experience shows us are unnecessary. We have been accumulating a number of potential changes as they relate to code compliance-related provisions, which are provided in the attachment. SVMC 17.80.150(F) states that the City may approve amendments to the UDC if it finds that: (1) The proposed amendment is consistent with the applicable provisions of the Comprehensive Plan; and (2) the proposed amendment bears a substantial relation to the public health, safety, welfare, and protection of the environment. LUG-1 Preserve and protect the character of Spokane Valley's residential neighborhoods. Requiring non-conforming structures to meet current setback standards protects neighborhoods from additional impacts. Limiting the size and type of Accessory Dwelling Units will create consistency throughout neighborhoods and enable residents to provide additional housing options. LUG-2 Encourages a wide range of housing types and densities commensurate with the community's needs and preferences. LUG-14 Improve the appearance and function of the built environment. HG-2 Encourages the use of affordable housing initiatives. By allowing Accessory Dwelling Units, conditionally, it enables residents the opportunity to provide more affordable housing options on already developed land. EDG-1 encourages diverse and mutually supportive business development and the expansion and retention of existing businesses within the City for the purpose of emphasizing vitality, stability, and sustainability. Allowing self storage/mini storage to locate in the industrial zones, allows for a wider range and flexibly of uses. EDG-7 works to maintain a regulatory environment that offers flexibility, consistency, predictability and clear direction. LUG-14 Improve the appearance and function of the built environment. By requiring non- conforming structures to meet current setbacks it improves the appearance and function by making the structures more conforming. Lastly, the remaining amendments are being proposed strictly to correct errors or inconsistencies as follows: Requiring all businesses based within a residence to obtain a Home Occupation permit consistent with actual policy and procedures. Correct and clarify requirements of the Planned Residential Development standards. Clarifying how active recreation space area is determined; clarifying that structures must meet building code standards. The proposed amendments to the Municipal Code meet the above outlined goals, and are thus consistent with the Comprehensive Plan. RECOMMENDED ACTION OR MOTION: Staff's opinion is that the proposed amendments meets the above noted criteria and recommend that the Planning Commission hold a Public Hearing for these proposed amendments. BUDGET/FINANCIAL IMPACTS: NA STAFF CONTACT: Tavis Schmidt, Assistant Planner ATTACHMENTS: (1) Amended Text 19.20.060 Nonconforming uses and structures. A.Applicability.Legal nonconforming uses and structures include: 1. Any use,which does not conform with the present regulations of the zoning district in which it is located shall be deemed a nonconforming use if it was in existence and in continuous and lawful operation prior to the adoption of these regulations; 2. Any permanent structure in existence and lawfully constructed at the time of any amendment to this code,which by such amendment is placed in a district wherein it is not otherwise permitted and has since been in regular and continuous use; 3. Any permanent structure lawfully used or constructed that was in existence at the time of annexation into the City and which has since been in regular and continuous use; 4. The provisions of this chapter do not apply to structures or uses deemed nonconforming only pursuant to the Shoreline Management Act(Chapter 90.58 RCW)and the Spokane Valley Shoreline Master Program(Chapter 21.50 SVMC). B. Continuing Lawful Use of Property. 1. The lawful use of land at the time of passage of this code, or any amendments hereto,may be continued,unless the use is discontinued or abandoned for a period of 12 consecutive months. The right to continue the nonconforming use shall inure to all successive interests in the property. It is specifically provided,however,that any nonconforming use discontinued as a result of foreclosure or judicial proceedings, including probate, shall be permitted to continue for a period not to exceed 24 months.Discontinuance of a nonconforming use shall commence on the actual act or date of discontinuance. 2. A nonconforming use that is abandoned or discontinued shall not be replaced with another nonconforming use. 3. A nonconforming use which has not been abandoned or discontinued may be replaced with the following: a. A conforming use; b. Another nonconforming use; provided,that the new use is not less conforming than the prior use. This determination will be made by the director based on the NAICS codes; c. The proposed use places no greater demand on transportation and other public facilities than the original use; or d. The proposed use does not adversely affect or interfere with the use of neighboring property. 4. A nonconforming use may be expanded only within the boundaries of the original lot or tract and any adjacent lot or tract that was under the same ownership as the lot or tract at the time the use on the original lot or tract became nonconforming if: a. The expanded use does not degrade the transportation level of service greater than the original use; and b. The expanded use does not adversely affect or interfere with the use of neighboring property; and c. Any transfer of ownership or interest on adjacent lots or tracts was made contemporaneously with the transfer of ownership of the lot or tract on which the nonconforming use is located as part of a single transaction; and d. The expansion does not create additional development opportunities on adjacent tracts that would not otherwise exist. 5. Residential lots made nonconforming relative to lot size, lot depth, setbacks and width shall be deemed in conformance with this code,as long as the use of the lot is allowed in the respective district. 6. Nonconforming uses that do not provide the required number of off-street parking spaces pursuant to current standards shall not be considered as nonconforming. 7. Any nonconforming use damaged by fire,flood, neglect or act of nature may be replaced if: a. Restoration of the use is initiated within 12 months; and b. The damage represents less than 80 percent of market value. 8. Any nonconforming use changed to a conforming use shall not be permitted to convert to a nonconforming use. C.Nonconforming Structures.Expansion of a nonconforming structure is allowed in accordance with the following: 1. The expansion or alteration does not change the occupancy classification under adopted building codes; 2. The expansion or alteration does not create additional nonconformity with respect to building setbacks or lot coverage; additions to nonconforming structures must meet setbacks as required by the zoning district. 3. The number of dwelling units in a nonconforming residential structure does not increase so as to exceed the number of dwelling units permitted within current regulations; 4. Off-street loading and/or parking, stormwater detention and landscaping shall be provided for the alteration or expansion in accordance with current provisions; and 5. Any nonconforming structure damaged by fire,flood,neglect or act of God may be replaced if: a. Restoration of the structure is initiated within 12 months; and b. The damage represents less than 80 percent of market value of the structure. D. Completion of Permanent Structures.Nothing herein shall require any change in the plans, construction, or designated use of a building or structure for which a building permit has been issued or a site plan approved by the City or Spokane County prior to incorporation of the City before the effective date of this code,nor shall any building or structure for which a substantially complete application for a building permit was accepted by the building official on or before the effective date of these regulations; provided,that the building permit shall comply with all applicable regulations on the date that the application was filed and the building permit is issued within 180 days of the effective date of these regulations. (Ord. 07-015 §4, 2007). e. The entrance to the ADU shall be located on the side or in the rear of the structure or in such a manner as to be unobtrusive in appearance when viewed from the front of the street,and only one entrance may be located on the facade of the principal dwelling unit in order to maintain the appearance of a single-family residence; f. The ADU unit shall not have more than two bedrooms; and g. The ADU shall be designed to meet the appearance of a single-family residence and must be the same or visually match the principal dwelling unit in the type, size and placement of the following: i. Exterior finish materials; ii. ii.Roof pitch; iii. Trim; iv. Windows, in proportion(relationship of width to height) and orientation(horizontal or vertical). h. The ADU unit shall not be a manufactured home (as defined in 19-A). 2. Additional Development Standards for Detached ADUs. a. Shall be located behind the front building setback line and placed on a permanent foundation; b. Shall preserve all side yard and rear yard setbacks for a dwelling unit, as established in SVMC 19.40.020,Residential standards; c. Shall not be allowed on lots containing a duplex,multifamily dwelling or accessory apartment contained within the principal structure; and d. Existing detached accessory structures may be converted into detached ADUs; provided,that all development standards and criteria are met, including side yard and rear yard setbacks. D. Application Process. 1. Application for an ADU permit shall be made to the department of community development in accordance with the permit procedures adopted by the department; 2. Shall include a letter of application affirming that one legal titleholder will live in either dwelling unit,meeting the requirement of owner occupancy; 3. An ADU application shall also be filed as a deed restriction with the Spokane County department of records and elections to indicate the presence of an ADU,the requirement of owner occupancy,and other standards for maintaining the unit as described in this code; and 4. Cancellation of an ADU's registration may be accomplished by the owner filing a letter with the department of community development for recording at the department of records and elections, or may occur as a result of an enforcement action. (Ord. 08-006 § 1,2008; Ord. 07-015 §4, 2007). 19.40.010 General provisions. A. No principal or accessory structure shall be located within the clearview triangle (Chapter 22.70 SVMC). B. In the districts where the height of buildings is restricted to 35 feet, cooling towers, roof gables, chimneys and vent stacks may extend for an additional height, not to exceed 40 feet, above the average grade line of the building. Water stand pipes and tanks, church steeples, domes and spires and school buildings and institutional buildings may be erected to exceed maximum height requirements; provided, that one additional foot shall be added to the width and depth of front, side and rear yards for each foot that such structures exceed the required height. C. No structure may be erected to a height in excess of that permitted by applicable airport hazard zoning regulations. D. Recreational vehicles shall not be used as permanent or temporary dwelling units in any residential zone. Guests may park and/or occupy a recreational vehicle while visiting the occupants of a dwelling unit located on the same lot for not more than 30 days in one consecutive 12-month period. The intent is to accommodate visiting guests and not to allow the recreational vehicle to be used as a dwelling unit. E. Cargo shipping containers and similar enclosures are not a permitted accessory structure in any residential zone. F. The following features attached to structures are allowed as exceptions to the setback standards: 1. Minor Projections Allowed. Minor features of a structure, such as eaves, chimneys, fire escapes, bay windows no more than 12 feet long and which cantilever beyond the foundation of the structure, uncovered stairways, and uncovered decks or balconies, may extend into a required setback up to 20 percent of the depth of the setback. However, they may not be within three feet of a lot line when a setback is required. Wheelchair ramps are allowed to project into the setback based on SVMC Title 24, Building Codes. Attached mechanical equipment such as heat pumps, air conditioners, emergency generators and water pumps are allowed to project into the side or rear setback only. (Ord. 08-026 § 4, 2008; Ord. 08-006 § 1, 2008; Ord. 07-015 § 4, 2007). 19.40.100 Accessory dwelling unit(ADU). Attached and detached ADUs are permitted in all residential zoning districts and shall adhere to the appearance of single-family residences.An attached ADU is an accessory dwelling unit that has one or more vertical and/or horizontal walls in common with, or attached to,the principal dwelling unit.A detached ADU is a freestanding accessory dwelling unit that is not attached or physically connected to the principal dwelling unit. A. Purpose and Intent. 1. To increase the supply of affordable housing units and encourage housing diversity through better use of the existing housing stock in neighborhoods in a manner that is less intense than new development; 2. To make housing units available to moderate-income people and special populations including the elderly,mentally ill,victims of domestic abuse,persons with disabilities or injuries, and the homeless who might otherwise have difficulty finding homes within the city that support independent living; 3. To provide residents,particularly seniors, single parents and families with grown children,with a means to remain in their homes and neighborhoods by obtaining,through tenants in either the ADU or the principal unit, extra income, companionship, security, and services; 4. To make better use of existing public investment in streets,transit,water, sewer, and other utilities; and 5. To protect neighborhood stability,property values, and the single-family residential appearance of neighborhoods by ensuring that ADUs are installed under the conditions outlined in this code. B. Conditions and Limitations. 1. The design and size of the ADU shall conform to all standards in the building, plumbing, electrical,mechanical,fire,health,utilities and any other applicable codes; 2. An ADU may be developed in conjunction with either an existing or new residence; 3. One ADU,attached or detached, is allowed per lot as an accessory dwelling unit; 4. The ADU must be a complete, independent housekeeping unit; 5. The combined footprint of all accessory structures shall not exceed 10 percent of the lot area; 6. Home professions shall be allowed only within the principal dwelling unit,not the ADU; 7. The owner, as established by the titleholder,must occupy either the principal dwelling unit or the ADU as their permanent residence,but not both,for six months or more of the calendar year, and at no time receive rent for the owner-occupied unit; and 8. Approval of an ADU will be revoked if the ADU is no longer in compliance with the development standards and criteria outlined in subsection C of this section. C. Development Standards and Criteria. 1. All ADUs,both attached and detached,must meet the following requirements: a. One paved off-street parking space shall be required for the dwelling unit in addition to the off-street parking required for the main residence; b. The ADU may not exceed 50 percent of the total habitable footprint and 50 percent of the habitable square footage of the principal dwelling unit,nor be less than 300 square feet; c. The total number of individuals that reside in the ADU shall not exceed the number of persons that are defined as a family; d. The ADU shall be a complete, separate housekeeping unit; 19.40.140 Home occupations. Any person. group or entity conducting a "for profit" enterprise from a location whose primary use is a residence must obtain a home occupation permit. Home occupations are permitted as accessory uses, incidental to the property's principal use as a residence subject to the following requirements: A. Property shall retain a residential appearance and character; B. All storage shall be enclosed within the residence or accessory structure; C. There shall be a limit of two employees not residing on the premises engaged in the home occupation; D. One unlighted sign placed flush against the exterior wall of the principal structure not exceeding four square feet in area is permitted; E. There shall be no window display nor shall sample commodities with the exception of flowers and produce grown on the premises be displayed outside the building(s); F. The hours of operation of a home occupation are limited to 7:00 a.m.to 10:00 p.m.; G. The home occupation use shall not create electronic interference including,but not limited to, interference with radio, satellite reception,telephone or television reception,nor generate measurable levels at the property line of noise, dust,smoke, odor or glare.The home occupation activity shall not generate solid waste in volume or type which is not normally associated with residential use unless specifically permitted; H. Loading docks and mechanical loading devices are not permitted; and I. No traffic or parking of vehicles shall be generated by a home occupation in greater volumes than normally expected in a residential neighborhood and any need for parking must be accommodated within the required off-street parking for the dwelling unit. (Ord. 07-015 § 4,2007). J. Uses which are considered detrimental to the residential appearance and character are not allowed as home occupations (as per Appendix A-Definitions). 19.50.050 Development standards. The following standards shall govern the administration of this chapter: A. Relationship of PRD Site to Adjacent Areas. The design of a PRD shall take into account the relationship of the site to the surrounding areas. The perimeter of the PRD shall be so designed as to minimize adverse impact of the PRD on adjacent properties and, conversely,to minimize adverse impact of adjacent land use and development characteristics on the PRD. B. Site Acreage Minimum. The minimum site shall be five acres. C. Minimum Lot Size. The minimum lot size provisions of other sections of the UDC do not apply in a PRD, except that the minimum lot size requirements of the underlying zone shall serve as the criterion to calculate the total number of dwelling units allowed in the proposed PRD based on the gross acreage of the entire development. D. Density. In a PRD,the hearing examiner may authorize a dwelling unit density not more than 20 percent greater than that permitted by the underlying zone,rounded to the nearest whole number; provided,that the open space amenities described in SVMC 19.50.060 are met. E. Maximum Coverage. Building coverage and development of the site shall not exceed the percentage permitted by the underlying zone. F. Landscaping Required.All common open space shall be landscaped in accordance with the landscaping plan submitted by the applicant and approved by the hearing examiner.Natural landscape features which are to be preserved, such as existing trees, drainage ways, rock outcrops, etc.,may be accepted as part of the landscaping plan. G. Setback and Side Yard Requirements. 1. Setbacks from the exterior boundary line of the PRD area shall be comparable to or compatible with those of the existing development of adjacent properties, or, if adjacent properties are undeveloped,the type of development which may reasonably be expected on such properties given the existing zoning of such properties or the Comprehensive Plan and/or adopted subarea plans; 2. Setbacks or Side Yards Between Buildings. The standard setbacks and yard requirements between buildings may be waived in a PRD.Buildings may have common walls and,therefore, built to the property line as in townhome construction. All buildings must meet applicable Ibuilding code requirements. H. All streets shall be designed and constructed to public street standards. I. Off-street parking shall be provided in accordance with Chapter 22.50 SVMC. J. Secondary Use Limitations. 1. Commercial uses are subject to site plan review procedures and shall be provided for in the application for the development within which the commercial use is to be integrated; 2. The gross floor area of the commercial use shall not exceed the product of 50 square feet multiplied by the number of dwelling units within the development; 3. Construction of at least 35 percent of the residences in the PRD must be completed before any building permits will be issued for the construction of commercial uses, except this shall not prohibit a sales office; and 4. Commercial uses within a PRD shall be of a size and type to serve primarily the residents of the development, and shall be internally located to fulfill this function. (Ord. 07-015 § 4, 2007). 19.50.060 Open space standards. Each PRD shall dedicate not less then 30 percent of the gross land area for common open space for the use of its residents. Common open space areas shall meet the following criteria: A. Location. The area proposed for open space shall be entirely within the PRD and within reasonable walking distance of all dwelling units in the PRD. Where practical,the proposed common open space shall be located adjacent to other established or planned park and recreational areas in adjacent developments, schools, or City parks; provided,that such dedication would increase the overall benefit to the residents of the PRD and conform to other criteria in this section. B. Access.All dwelling units within the PRD must have legal access to the proposed common open space at the time of final PRD approval.Private or access roads,trees or other landscaping may separate the common open space area. However, access should not be blocked by major obstacles such as arterial or collector roadways or significant natural features such as rivers, streams or topographic features. Areas dedicated for active recreational open space shall have reasonable access from street frontages. Design measures should accomplish the purposes of access and security. C. Types of Open Space. 1. Land dedicated for open space should be usable for either greenbelts that serve as a buffer between land uses,using existing vegetation, or an aesthetic amenity such as boulevard trees, active recreational activities, or for protecting environmentally sensitive areas such as wetlands. 2. Except as provided in subsection(C)(3)or(4)of this section,a minimum of 30 percent of the required common open space area shall be suitable for active recreation.The topography, soils, hydrology, and other physical characteristics of the area proposed for active recreation shall be of such quality as to provide a dry, obstacle-free space in a configuration which is suitable for active recreation. 3. The percentage of active recreational areas may be increased to as high as 50 percent if it is determined that anticipated recreational needs will require a larger percentage.In increasing this percentage,the following standard should be used:the ratio of one acre to 125 residential units. a. Community Development Director determines the amount of required active recreation areas. 4. The percentage of active recreational area may be decreased to as low as 15 percent if it is determined that: a. Inclusion of buffers or environmentally sensitive lands such as wetlands would better meet the open space needs of the residents of the subdivision; or b. Meeting the standard would require detrimental grading or other disturbance of the natural setting. D. Land required for open space shall not include: 1. Accessory buildings,climate-controlled improvements,and areas reserved for the exclusive use and benefit of an individual tenant or owner; 2. Dedicated streets, alleys or public rights-of-way,required landscaped areas,areas required for yard depth or building setback or separation; 3. Vehicular driveways,private streets,parking areas,loading or storage areas; or 4. Floodplain(100-year),floodprone areas, drainage easements,natural drainage areas or creeks unless maintained as an amenity and specifically approved as being suitable for open space. E. Implementation. The area proposed for open space shall be dedicated in common to the property owners within the plat or to a homeowners' association. Maintenance and operation of the dedicated open space shall be the responsibility of the property owners' or homeowners' association. 1. The City may choose to accept dedication,maintenance and operation responsibilities when the common open space area to be dedicated is in the public interest and either one or a combination of the following: a. Greater than 10 acres; b. Adjacent to an established or future City park or school grounds; c. Is an access to a body of water greater than three acres in size; or d. Is an environmentally sensitive area. 2. The dedication shall be identified on the PRD plan. F. Improvements.The following improvements to the area proposed for dedication may be required prior to final approval of the PRD: 1. Removal of construction debris and hazards; and 2. Rough grading and establishment of grass cover over those portions of the site suitable for playfields. G. Equivalent Facilities. When areas proposed for dedication do not meet the criteria for dedication in this chapter, such land may be improved by grading,filling, landscaping, or with installation of recreation equipment so as to be equivalent in result to the intent of this chapter. Determination of equivalency shall be made by the director according to the following guidelines: 1. The proposed land and improvements must create recreational opportunities generally equivalent to or greater than the land required for the residents within the PRD; 2. The proposed land and improvements must not result in significant disturbance or alteration of an environmentally sensitive area, unless otherwise allowed by the City; 3. The proposed land and improvements shall be dedicated in accordance with subsection F of this section. H. Stormwater Detention Facilities. Stormwater detention ponds may be allowed by the City as part of dedicated open space subject to the following criteria: 1. The detention pond shall be constructed so as to drain fully when precipitation is not occurring (i.e.,no standing water may be left)unless the pond is designed as an aesthetic amenity; 2. The side slope of the detention pond shall not exceed 33 percent unless slopes are existing, natural and covered with vegetation; 3. If detention facilities are located adjacent to or near a natural,year-round stream or wetland,these systems shall be left in natural or near-natural condition; 4. The detention area shall be landscaped in a manner which is both aesthetic and able to withstand the inundation expected; 5. Use of a dedicated open space area for stormwater detention shall not be acceptable if the detention area must be fenced or otherwise rendered unsuitable or unavailable for recreation use during dry weather; and 6. In the case of joint use of open space for detention and recreation,the home owners or homeowners' association shall be responsible for maintenance of the detention facilities. I. Rights and Duties. The owners of open space shall have the following rights which may be exercised in respect of such land, subject to restrictive covenants or other restrictions: 1. The right to locate recreational facilities, such as tennis courts, swimming pools,picnic tables, and fireplaces(accessory to picnic tables)designed to be used exclusively for the use of residents of the development and their guests; 2. The right to locate pedestrian paths,bicycle paths and bridle paths; 3. The right to take whatever measures are reasonably necessary to protect and maintain such land, or land or property adjacent thereto, or to correct a hazardous condition posing a threat to life or limb; 4. The right to regulate access to or entry on the open space land and duty to maintain such land. (Ord. 07-015 § 4,2007). Home occupation: An occupation, profession or craft incidental to the residential use, excluding an adult retail use establishment, adult bookstore or adult entertainment establishment. Auto repair; small engine repair: welding or metal plating shops; large appliance/electronics or equipment repair or service; truck hauling and/or tow storage yard; vehicle sales; cabinet making; manufacturing and/or related storage; kennel or stables; wholesale or retail sales and restaurants/drinking establishments are not home occupations. Chapter 19.120 PERMITTED AND ACCESSORY USES Sections: 19.120.010 General. 19.120.010 General. Uses are classified using the 2002 North American Industry Classification System (NAICS) published by the U.S. Census Bureau based on category and subcategory. Subcategories include all uses not identified separately by specific number. Uses may be permitted, be subject to conditions, or require conditional or temporary use permits as shown in Appendix 19-A, the schedule of permitted and accessory uses. w a) o N m •x m o � > 'U > c = m _ u co d r" n S = N i i = L = .L = `' 4-I >> = O r N M d r N (n 7 K .a C i N O O v O O = N O O = = ._ > i 7 I LL LL 0 V 'a .2 "a d O O U =0 a) E .Q E E E BE E .5 0 d a) '0 w O 0. O V (7 00 00 0 U N U a. < U 1 P P 49 49319 Storage, self-service facility P P P P P P P Permitted Use A Accessory Only R Regional Siting T Temporary Permit S Conditions Apply C Conditional Use Permit Page 1 of 1 Staikan� Department of Community Development j\dille`' Planning Division Planning Commission Public Hearing <k.nendments to the Spokane Valley Municipal Code October 8, 2009 Sokanc �, Department of Community Development l Planning Division Proposed Amendments • Chapter 19.20.060 - Nonconforming structures • Chapter 19.40.010 - Permitted accessory structures in residential zone. • Chapter 19.40.100 - Accessory Dwelling Units • Chapter 19.40.140 -A Home Occupations • Chapter 19.50.050 - Planned Residential Developments • Chapter 19.120 - Schedule of Permitted Uses 1 Spy k/� Department of Community Development Planning Division Nonconforming uses and structures 19.20.060 C. Nonconforming Structures The expansion or alteration does not create additional nonconformity with respect to building setbacks or lot CO\,:ra2.c. --- — Spokan` c Deepartment of Community Development Planning Division Nonconforming uses and structures 19.20.060 C. Nonconforming Structures The expansion or alteration does not create additional nonconformity with respect to building setbacks or lot coverage; additions to nonconforming structures must meet setbacks as required by the zoning district. Non- New conforming Addition 2 feet structure 5 feet Property Line 2 Department of Community Development jval Planning Division District purpose and supplemental use regulations — Residential Zones 19.40.010 General provisions. E. Cargo shipping containers and similar enclosures are not a permitted accessory structure in any residential zone. Spokane �-. Department of Community Development ••••"*Valitr Planning Division District purpose and supplemental use regulations — Residential Zones 19.40.100 Accessory dwelling unit (ADU) C. Development Standards and Criteria. 1.All ADUs, both attached and detached, must meet the following requirements: b. The ADU may not exceed 50 percent of the total habitable footprint and 50 percent of the habitable square footage of the principal dwelling unit, nor be less than 300 square feet; 3 Department of Community Development a Planning Division District purpose and supplemental use regulations — Residential Zones 19.40.100 Accessory dwelling unit(ADU) C. Development Standards and Criteria. 1. All ADUs, both attached and detached, must meet the following requirements: b. The ADL may not exceed 50 percent of the total habitable footprint and 50 percent of the habitable square footage of the • principal dwelling unit, nor be less than 300 square feet; h. The ADU unit shall not be a manufactured home (as defined in Appendix A- definitions). • Spiikaroe Department of Community Development y JVaIk r-- Planning Division Accessory dwelling unit (ADU) Comparison Spokane County Code .The second unit is created auxiliary to and is always smaller than the primary residence. 'Detached ADUs are a Conditional Use (Separate from Dependent relative) "Conditional Use Permit requires a public hearing before the Hearing Examiner. 4 Department of Community Development jVeltomme Planning Division ] Accessory dwelling unit (ADU) Comparison City of Spokane Code •Must be combined withgarage or only detached structure in rear yard. •Minimum and Maximum lot size requirements •Detached ADU shall not exceed 600 square feet •Restrictive design criteria(Exterior finish materials,trim, windows, wall height. building coverage limitation) '1 ✓� Department of Community Development S�i�ikanc `j j�a►Ic} �r Planning Division District purpose and supplemental use regulations — Residential Zones 19.40.140 Home occupations. Home occupations are permitted as accessory uses, incidental to the property's principal use as a residence subject to the following requirements: 5 n � Department of Community Development tlli«_ ,i Planning Division 6,11111 District purpose and supplemental use regulations — Residential Zones 19.40.140 Home occupations. Any person, group or entity conducting a "for profit" enterprise from a location whose primary use is a residence must obtain a home occupation permit. Home occupations are permitted as accessory uses. incidental to the property's principal use as a residence subject to the following requirements: J. Uses which are considered detrimental to the residential appearance and character are not allowed as home occupations (as per Appendix A- Definitions). � �`. Department of Community Development jne.' Planning •Division Definitions Home occupation: An occupation, profession or craft incidental to the residential use, excluding an adult retail use establishment, adult bookstore or adult entertainment establishment.Auto repair: small engine repair-, welding or metal plating shops; large appliance/electronics or equipment repair or service; truck hauling and/or tow storage yard; vehicle sales; cabinet making; manufacturing and/or related storage; kennel or stables; wholesale or retail sales and restaurants/drinking establishments are not home occupations. 6 Department of Community Development jMel Planning Division Planned Residential Developments 19.50.050 Development standards The following standards shall govern the administration of this chapter: G. Setback and Side Yard Requirements. 2. Setbacks or Side Yards Between Buildings. The standard setbacks and yard requirements between buildings may be waived in a PRD. Buildings may have common walls and, therefore, built to the property line as in townhome construction. Department of Community Development Slifikanc j�a1e>, Planning Division Planned Residential Developments 19.50.050 Development standards The following standards shall govern the administration of this chapter: G. Setback and Side Yard Requirements. 2. Setbacks or Side Yards Between Buildings. The standard setbacks and yard requirements between buildings may be waived in a PRD. Buildings may have common walls and, therefore. built to the property line as in townhome construction. All buildings must meet applicable building code requirements. 7 Department of Community Development iNsligi Planning Division Planned Residential Developments 19.50.060 Open space standards. Each PRD shall dedicate not less then 30 percent of the gross land area for common open space for the use of its residents. Common open space areas shall meet the following criteria: C. Types of Open Space. 3. The percentage of active recreational areas may be increased to as high as 50 percent if it is determined that anticipated recreational needs will require a larger percentage. In increasing this percentage, the following standard should be used: the ratio of one acre to 125 residential units. C r o shioa contamersand s�rn• ren to tres ar no win accpsso strut i re m nv re war at ;rte." S�OIUIIIC Planning Division Planned Residential Developments 19.50.060 Open space standards. Each PRD shall dedicate not less then 30 percent of the gross land area for common open space for the use of its residents. Common open space areas shall meet the following criteria: • C. Types of Open Space. 3. The percentage of active recreational areas may be increased to as high as 50 percent if it is determined that anticipated recreational needs will require a larger percentage. In increasing this percentage, the following standard should be used: the ratio of one acre to 125 residential units. a. Community Development Director determines the amount of required active recreation areas. 8 Department of Community Development Planning Division Chapter 19.120 Permitted and Accessory Uses • Update matrix to allow Storage, self-service facility in areas zoned 1-1 Light Industrial and I-2 Heavy Industrial 01 O NT • c 7` e O O rcszvLL 2 CxM �taaEEE•TEu `'va s yE? t o tgac = y rc V uU P P 49 4 Storage,self-service facility P P P P P 3 19 P Permitted Use A Accessory Only R Regional Siting T Temporary Permit S Conditions Apply C Conditional Use Permit !! , Department of CommunityDevelopment \Ala Planning Division Questions? 9 CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: October 8, 2009 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business public hearing ❑ information ❑ admin. report ❑ pending legislation FILE NUMBER: CTA-04-09 AGENDA ITEM TITLE: Public Hearing - amendments to Spokane Valley Municipal Code (SVMC) DESCRIPTION OF PROPOSAL: Chapter 19.40.010 — State that cargo shipping containers and similar enclosures are not a permitted accessory structure in any residential zone. Chapter 19.20.06 - State that additions to nonconforming structures must meet current zoning setbacks. Chapter 19.40.100 — Remove language to clarify the size limits of Accessory Dwelling Units; add that a manufactured home cannot be an Accessory Dwelling Unit. Chapter 19.40.140 - State that a Home Occupation permit is required for any business person or entity engaging in a for-profit enterprise in a residence. Add and clarify examples of not allowed businesses including adding "small engine repair" to the list of definitions. Chapter 19.50— .050(G)2 Add the requirement that buildings must meet applicable building code requirements; .060(C)3 Active recreation areas are Community Development Director determined. Chapter 19.120 -Add Self Storage/mini storage to permitted uses in both the I-1 and 1-2 zones. GOVERNING LEGISLATION: SVMC 19.30.040 Development regulation text amendments. PREVIOUS ACTION TAKEN: Planning Commission conducted a study session on September 24, 2009 BACKGROUND: The Uniform Development Code was adopted in September of 2007 and was effective October 28th, 2007. Following the adoption of the code, a number of items were discovered which were incorrect, impractical, or omitted. These amendments are corrections of some of these items. APPROVAL CRITERIA: Spokane Valley Municipal Code Section 17.80.150(6) provides approval criteria that amendments of the Spokane Valley Municipal Code must meet. Those criteria include: 1. The proposed amendment(s) are consistent with the applicable provisions of the Comprehensive Plan. 2. The proposed amendment(s) bear a substantial relation to the public health, safety, welfare and protection of the environment. Staff Comment: Staff constantly reviews and takes in comments regarding its Code provisions in an effort to fix things that are incorrect, don't work as intended, were omitted in error, and to modify those provisions that follow adopted policy and procedure. RECOMMENDED ACTION OR MOTION: Planning Commission may recommend approval as presented; recommend approval of modified proposal, recommend the proposal not be adopted, or forward no recommendation to City Council. BUDGET/FINANCIAL IMPACTS: NA STAFF CONTACT: Tavis Schmidt, Assistant Planner ATTACHMENTS: Draft text amendments SEPA determination Findings and Recommendations *WaneCOMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION �ualleyA 11707 E Sprague Ave Suite 106 Spokane Valley WA 99206 509.921.1000 Fax: 509.921.1008 cityhall@spokanevalley.org DETERMINATION OF NONSIGNIFICANCE File Number: CTA-04-09 Description of proposal: Proposed text amendments amending the following sections of the Spokane Valley Municipal Code: 19.20.060(additions to non-conforming structures must meet setbacks), 19.40.140(Home Occupation definition, garages not included in space calc.,criteria), 19.40.100(Accessory dwelling unit size relation to main dwelling, size limit), 19.50.050G(2)(must meet building code requirements), 19.50.060C(3)(active recreation areas—director determined)and 19.120(add self storage/mini storage to permitted uses in I-1 and 1-2) Location of proposal: N/A Lead Agency: City of Spokane Valley Community Development Department,Planning Division Determination: Pursuant to Title 21 (Environmental Controls) of the Spokane Valley Municipal Code, the lead agency has determined that this proposal does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). The threshold determination is available to the public upon request. DNS issued under WAC 197-11-340(2) Responsible Official: Staff Contact: Kathy McClung, Community Development Director Tavis Schmidt,Assistant Planner City of Spokane Valley Community Development City of Spokane Valley Community Development Department Department Valley Redwood Plaza, 11707 E. Sprague Avenue, Suite Valley Redwood Plaza, 11707 E. Sprague Avenue, Suite 106, Spokane Valley, WA 99206 106, Spokane Valley, WA 99206 PH: (509) 688-0030/FX: (509)921-1008 PH: (509)688-0046/FX: (509) 921-1008 kmcclung@spokanevalley.org tschmidt@spokanevalley.org Date issued: October 2,2009 Signature: APPEAL: An appeal of this determination must be submitted to the Community Development Department within fourteen (14) calendar days after the date issued. The appeal must be written and make specific factual objections to the City's threshold determination. Appeals shall be in conformance with Section 17.90 (Appeals) of the Spokane Valley Municipal Code. At the time of appeal submittal, required fees are due pursuant to the City's adopted Fee Schedule. Pursuant to WAC 197-11-680, appeals shall be limited to a review of a final threshold determination. FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING COMMISSION October 8,2009 The following findings have been prepared by Staff for the Planning Commission in the event there is concurrence with the recommended approval. Background: A. The Uniform Development Code was adopted in September 2007 and became effective on October 28,2007. B. Following the adoption of the code a number of items were found to be either incorrect, impractical, or omitted. C. The Planning Commission held a public hearing on October 8,2009. The Planning Commission approved the following amendments to the Spokane Valley Municipal Code,Title 19: Chapter 19.40.010—State that cargo shipping containers and similar enclosures are not a permitted accessory structure in any residential zone. Chapter 19.20.06- State that additions to nonconforming structures must meet current zoning setbacks. Chapter 19.40.100—Remove language to clarify the size limits of Accessory Dwelling Units; add that a manufactured home cannot be an Accessory Dwelling Unit. Chapter 19.40.140- State that a Home Occupation permit is required for any business person or entity engaging in a for-profit enterprise in a residence. Add and clarify examples of not allowed businesses including adding"small engine repair"to the list of defmitions. Chapter 19.50—.050(G)2 Add the requirement that buildings must meet applicable building code requirements; .060(C)3 Active recreation areas are Community Development Director determined. Chapter 19.120 -Add Self Storage/mini storage to permitted uses in both the I-1 and I-2 zones. Findings: SVMC 17.80.150(F)states that the City may approve amendments to the UDC if it finds that: (1)the proposed amendment is consistent with the applicable provisions of the Comprehensive Plan; and (2)the proposed amendment bears a substantial relation to the public health, safety,welfare, and protection of the environment. LUG-1 Preserve and protect the character of Spokane Valley's residential neighborhoods. Requiring non- conforming structures to meet current setback standards protects neighborhoods from additional impacts. Limiting the size and type of Accessory Dwelling Units will create consistency throughout neighborhoods and enable residents to provide additional housing options. LUG-2 Encourages a wide range of housing types and densities commensurate with the community's needs and preferences. LUG-14 Improve the appearance and function of the built environment. HG-2 Encourages the use of affordable housing initiatives. By allowing Accessory Dwelling Units, conditionally, it enables residents the opportunity to provide more affordable housing options on already developed land. EDG-1 encourages diverse and mutually supportive business development and the expansion and retention of existing businesses within the City for the purpose of emphasizing vitality, stability,and sustainability. Allowing self storage/mini storage to locate in the industrial zones,allows for a wider range and flexibly of uses. EDG-7 works to maintain a regulatory environment that offers flexibility, consistency,predictability and clear direction. LUG-14 Improve the appearance and function of the built environment. By requiring non-conforming structures to meet current setbacks it improves the appearance and function by making the structures more conforming. Lastly,the remaining amendments are being proposed strictly to correct errors or inconsistencies as follows: Requiring all businesses based within a residence to obtain a Home Occupation permit consistent with actual policy and procedures. Correct and clarify requirements of the Planned Residential Development standards. Clarifying how active recreation space area is determined; clarifying that structures must meet building code standards. The proposed amendments to the Municipal Code meet the above outlined goals, and are thus consistent with the Comprehensive Plan. Conclusions: The proposed amendments meet the applicable provisions of the Spokane Valley Comprehensive Plan Recommendations: The Spokane Valley Planning Commission therefore recommends approval to the City Council of proposed amendments to Title 19 of the Spokane Valley Municipal Code. Approved this 8th day of October,2009 John G. Carroll,Chairman ATTEST Deanna Griffith,Administrative Assistant CITY OF SPOKANE VALLEY Request for Planning Commission Review Meeting Date: October 8, 2009 Item: Check all that apply: ❑ consent ❑ old business ❑ new business ® public hearing ❑ information ❑ admin. report ❑ pending legislation FILE NUMBER: CTA-05-09 AGENDA ITEM TITLE: Public Hearing — Amendment to Spokane Valley Municipal Code (SVMC) DESCRIPTION OF PROPOSAL: A privately initiated text amendment to the SVMC providing density incentives for developments that include an affordable housing component in the Multifamily Medium Density Residential District (MF-1) and the Multifamily High Density Residential District (MF-2), Corridor Mixed Use (CMU), Mixed Use (MU), Mixed Use Avenue (MUA), City Center (CC) and Community Boulevard (CB) district zones. GOVERNING LEGISLATION: SVMC 19.30.040 development regulation text amendments PREVIOUS ACTION TAKEN: Planning Commission conducted a study session on October 1, 2009 BACKGROUND: In 2006, the City of Spokane Valley adopted their first Comprehensive Plan. The Comprehensive Plan includes several policies and goals regarding affordable housing. Policy HP-1.3 of the Comprehensive Plan calls for development regulations and incentives that encourage greater diversity of housing types, costs, and designs that may include bonus incentives, clustering, and transfer development rights. The intent of the proposed text amendment is to develop regulations that promote affordable housing in the Multifamily Medium Density Residential District (MF-1) and the Multifamily High Density Residential District (MF-2), Corridor Mixed Use (CMU), Mixed Use (MU), Mixed Use Avenue (MUA), City Center(CC) and Community Boulevard (CB) zoning classifications by allowing density bonuses in exchange for the inclusion of affordable housing units within the development. Staff has developed a recommended regulation in cooperation with Northeast Washington Housing Solutions, and the applicant's representatives to provide density incentives to encourage affordable housing and criteria to ensure the project is well designed and has additional amenities that contribute to the quality of life for the residents. NOTICE: Notice for the proposed amendment to SVMC was placed in the Spokane Valley News Herald on September 18, 2009. Notice for the proposed amendment was provided consistent with applicable provisions of Title 17. The City of Spokane Valley provided a media release on September 28, 2009 further notifying the public of the privately initiated text amendment. APPROVAL CRITERIA: Section 17.80.150(6) of the Spokane Valley Municipal Code provides approval criteria for text amendments to the Spokane Valley Municipal Code. The criterion stipulates that the proposed amendment(s) must be consistent with the applicable provisions of 1 of 2 the Comprehensive Plan and bear a substantial relation to the public health, safety, welfare, and protection of the environment. OPTIONS: Planning Commission may recommend approval as presented; recommend approval of modified proposal, recommend the proposal not be adopted, or forward no recommendation to City Council. STAFF CONTACT: Mike Basinger, AICP, Senior Planner ATTACHMENTS: Draft Affordable Housing Regulations Staff Report and Planning Commission Findings SEPA Determination Agency Comments Public Comments 2 of 2 Chapter 19.35 RESIDENTIAL DENSITY BONUS Sections: 19.35.010 Purpose 19.35.020 General 19.35.030 Applicability 19.35.040 Density Calculations 19.35.050 Development Standards 19.35.060 Siting 19.35.070 Approval 19.35.080 Affordability Agreement 19.35.010 Purpose. The purpose of this chapter is to provide density incentives to residential developments to help achieve consistency with the Growth Management Act, the City's Comprehensive Plan, and countywide planning policies for Spokane County. 19.35.020 General. The provisions of this section are available, at the sole discretion of the property owner, as incentives to encourage construction of housing affordable to low and moderate- income households for new multifamily developments. In exchange for residential density bonuses, the development is required to provide a well-designed project with additional amenities contributing to the quality of life for the residents. 19.35.030 Applicability. This chapter applies to MF-1, MF-2, CMU, MU, MUA, CC, and CB district zones. Development incorporating affordable housing component may increase the dwelling unit density in the underlying zone, rounded to the nearest whole number in accordance with 19.35.040, provided that required amenities and site design criteria are met. If the density bonus results in an odd number of housing units, the odd unit must be applied as an affordable unit. Projects must be a minimum of twenty units to be eligible for a residential density bonus. 19.35.040 Density Calculations. A. New multifamily or mixed-use projects may provide affordable units as part of the project. One bonus market rate unit is permitted for each affordable unit based on the following criteria: 1. Affordable housing units provided to families whose income is at or below 40 percent of median income may increase the underlying base density by 40 percent. 2. Affordable housing units provided to families whose income is at or below 50 percent of median income may increase the underlying base density by 30 percent. 3. Affordable housing units provided to families whose income is at or below 60 percent of median income may increase the underlying base density by 20 percent. 4. Affordable housing developments may increase the underlying base density an additional 10 percent by providing one of the following: a. LEED certification or equivalent b. alternative energy c. covered bus shelter d. underground parking e. other amenities approved by the Director 5. Affordable housing developments may also increase their density by providing additional amenities in the required useable open space: a. benches and fountain —an additional increase of density up to 5 percent b. playground apparatus—an additional increase in density up to 10 percent c. sport court—an additional increase in density up to 10 percent 1 of 3 d. Indoor Recreational Facility— an additional increase in density up to 20 percent e. other amenities as approved by the Director—additional increase shall not exceed 10 percent 6. Notwithstanding paragraphs 5(a-e), overall density of a project cannot increase by more than 60 percent of the underlying zone rounded to next whole number. 19.35.050 Development Standards. A. The Director may allow the maximum building height to be exceeded by not more than 25 percent B. The Director may allow exceptions to yard setback requirements where the deviation is for 10 percent or less of the required yard C. In addition to the open space requirements of SVMC 19.40.020 developments receiving a density bonus under this Chapter shall provide an additional 5 percent open space (total of 15 percent) to accommodate the additional residents associated with the residential density bonus. D. Site Design Criteria. All developments under this provision shall be subject to the following site design criteria. 1. Natural amenities such as views, significant or unique trees, or grouping of trees, creeks, riparian corridors, and similar features unique to the site shall be incorporated into the design. 2. Emphasize, rather than obscure, natural topography. Buildings shall be designed to "step up" or"step down" hillsides to accommodate significant changes in elevation. 3. Projects shall have design continuity by using similar elements throughout the project such as architectural style and features, materials, colors, and textures. 4. Placement of physical features such as play equipment shall be in visible locations to maximize the ability to be seen, and therefore creating a safe environment that discourages crime. 5. Parking structures shall be architecturally consistent with exterior architectural elements of the primary structure(s); including rooflines, façade design, and finish materials. 6. Pedestrian pathways and pedestrian areas shall be delineated by separate paved routes using a variation in paved texture and color, and protected from abutting vehicle circulation areas with landscaping or other methods. 19.35.060 Siting. The affordable units constructed under the provisions of this chapter shall be included within the parcel of land for which the density bonus is granted. 19.35.070 Approval. Prior to the issuance of any permit(s), the City shall review and approve the location and unit mix of the affordable housing units consistent with the following standards: A. If the affordable housing development has both affordable and market rate units, the affordable units shall be floating units. A "Floating" designation provides the flexibility to maintain a certain number of affordable units throughout the required period, allowing the specific units to vary with availability. The floating units ensure that affordable units are indistinguishable from and interchangeable with market-rate units; B. The design and appearance of affordable housing units shall be compatible with the total housing development and be consistent with design criteria outlined in SVMC 19.35.050(D); C. Affordable housing units shall have an equivalent bedroom mix consistent with the total housing development; except that the developer may include a higher proportion of affordable housing units with more bedrooms; 19.35.080 Affordability agreement. Prior to issuing a certificate of occupancy, an agreement in a form acceptable to the City that insures compliance with the provisions of 19.35 of this code shall be 2 of 3 recorded with Spokane County Auditor's Office. This agreement shall be a covenant running with the land and shall be binding on the assigns, heirs, and successors of the applicant. Affordable housing units that are provided under this section shall remain as affordable for the life of the project for rental affordable housing units. New Definitions (Appendix A): Affordable Housing: Where the term affordable is used, it refers to the federal definition of affordability stating that annual housing costs shall not exceed one third of a family's annual income. When establishing affordability standards for moderate to extremely low-income families and individuals the median household income is the amount calculated and published by the United States Department of Housing and Urban Development each year for Spokane County. Recreational Facility, Indoor: A place designed and equipped for the conduct of sports and leisure- time activities within an enclosed space. Examples include gymnasiums, amusement arcades, health and fitness clubs, indoor tennis and racquetball courts, bowling alleys, and indoor swimming pools. This definition excludes indoor sports arenas, auditoriums, and exhibition halls. 3 of 3 .1 COMMUNITY DEVELOPMENT DEPARTMENT Spokane PLANNING DIVISION 11707 E Sprague Ave Suite 106 Spokane Valley WA 99206 509.921.1000 Fax: 509.921.1008 cityhall@spokanevalley.org DETERMINATION OF NONSIGNIFICANCE File Number: CTA-05-09 Description of proposal: A proposed text amendment providing density incentives for developments that include an affordable housing component in the Multifamily Medium Density Residential District (MF-1) and the Multifamily High Density Residential District(MF-2) Proponent: Dwight J.Hume,9101 N.Mt.View Lane, Spokane,WA 99218 Location of proposal: N/A Lead Agency: City of Spokane Valley Community Development Department,Planning Division Determination: Pursuant to Title 21 (Environmental Controls) of the Spokane Valley Municipal Code,the lead agency has determined that this proposal does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). The threshold determination is available to the public upon request. DNS issued under WAC 197-11-340(2) Responsible Official: Staff Contact: Kathy McClung, Community Development Director Mike Basinger,AICP—Senior Planner City of Spokane Valley Community Development City of Spokane Valley Community Development Department Department Valley Redwood Plaza, 11707 E. Sprague Avenue, Suite Valley Redwood Plaza, 11707 E. Sprague Avenue,.Suite 106, Spokane Valley,WA 99206 106, Spokane Valley, WA 99206 PH: (509)688-0030/FX: (509)921-1008 PH: (509) 688-0045/FX: (509)921-1008 kmcclung@spokanevalley.org mbasinger@spokanevalley.org Date issued: September 4,2009 Signature: AkZettl- ATPEAL: An appeal of this determination must be submitted to the ommunity Development Depaitment within fourteen -(14) calendar days after the date issued. The appeal must be written and make specific factual objections to the City's threshold determination. Appeals shall be in conformance with Section 17.90 (Appeals) of the Spokane Valley Municipal, Code. At the time of appeal submittal, required fees are due pursuant to the City's adopted Fee Schedule. Pursuant to. WAC 197-11-680,appeals shall be limited to a review of a final threshold determination. Page 1 of 1 Mike Basinger From: Edie Streicher[estreicher@shba.com] Sent: Thursday, October 01, 2009 1:02 PM To: Mike Basinger Subject: Multifamily Density Zoning Changes Hi Mike, • I was unaware there were changes to the multifamily zoning code being considered until I received the press release on Monday evening. I have a few questions. 1. May I please get a copy of the proposed changes? I looked on the City's website and could not find the document. 2. The last Planning Commission agenda included a reference to a zoning code amendment that was not yet complete, but gave no specific information. Is this the amendment the agenda refers to, or are there other changes being made that SHBA members should be aware of? 3. Have you been working with any specific developers on the proposed changes? If so, may I ask who has been contacted? 4. Is there any particular reason why the SHBA was not made aware of the proposed changes? It seems to me our Association should have been contacted early in the planning process since it is our members who will be directly impacted. 5. Who proposed the changes? 6. When were the changes initially proposed? 7. Is there a project or specific reason why this is being rushed through the Planning Commission? Was there truly a need to schedule a special workshop? I guess I just want to know what the rush is. 8. When is the anticipated date for a City Council hearing? I will be unable to attend the workshop this evening. I had already scheduled a meeting for the same time when I received the notice. Thank you, Edie Streicher Government Affairs Director Spokane Home Builders Association Office: 509.532.4990 Cell: 509.251.6136 10/1/2009 416 Northeast Washington Housing ScIu ions Spokane Housing Authority DBA Northeast Washington Housing Solutions 55 W. Mission Ave. Spokane,WA 99201 Tel: 509-328-2953 Fax: 509-327-5246 TDD: 509-323-9502 www.spokanehousing.org September 9, 2009 Ms. Kathy McClung Community Development Director City of Spokane Valley 1707 East Sprague Avenue, Suite 106 Spokane Valley, WA 99206 Re: Proposed Zoning Code Language revisions Dear Ms. McClung: Thank you for the opportunity to participate in the efforts of the City of Spokane Valley to amend the language of your Zoning Code, in particular Chapter 19.35 dealing with residential density bonuses. Economic development benefits greatly from the creation of an inventory of affordable Workforce housing. Spokane Housing Authority dba Northeast Washington Housing Solutions (NEWHS) is supportive of this and any other efforts to enhance the development of affordable housing for all income levels. We believe that for-profit developers will have an incentive to provide housing for a wider range of family incomes if they are offered density bonuses. We also believe such bonuses will make housing developments specifically designed to serve lower income families more feasible with the added density. Art Noll, Development Director of NEWHS, shall continue to be available to you and your staff if you require any further input. Respectfully, -- A Llef-- ./ Steve A. Cervantes Executive Director ( Cc: Art Noll Mike Basinger CtEQUAL HOUSING OPPORTUNITY COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION Spcmolia STAFF REPORT AND RECOMMENDATION TO THE do,Valley PLANNING COMMISSION CTA-05-09 AFFORDABLE HOUSING REGULATION STAFF REPORT DATE: October 2,2009 HEARING DATE AND LOCATION: October 8, 2009, beginning at 6:00 p.m., Spokane Valley City Hall Council Chambers, Valley Redwood Plaza Building, 11707 East Sprague Avenue, Suite 101, Spokane Valley, Washington 99206. PROPOSAL DESCRIPTION: A privately initiated text amendment to the Spokane Valley Municipal Code (SVMC) providing density incentives for developments that include an affordable housing component (workforce housing) in the Multifamily Medium Density Residential District (MF-1) and the Multifamily High Density Residential District(MF-2), Corridor Mixed Use(CMU), Mixed Use(MU), Mixed Use Avenue(MUA), City Center(CC) and Community Boulevard (CB)zoning districts. This proposal is considered a non-project action under RCW 43.21C. PROPOSAL LOCATION: The proposal affects the entire City of Spokane Valley, Washington. APPLICANT: Dwight J.Hume, 9101 N Mt.View Lane, Spokane,WA 99218 APPROVAL CRITERIA: Title 17 (General Provisions) and Title 21 (Environmental Controls) of the Spokane Valley Municipal Code(SVMC). SUMMARY OF RECOMMENDATION: The Planning Division recommends that the Planning Commission approve the proposed text amendment to the SVMC. STAFF PLANNER: Mike Basinger,MCP, Senior Planner, Community Development Department ATTACHMENTS: Exhibit 1: Draft affordable housing regulation Exhibit 2: SEPA Determination Exhibit 3: Agency Comments Exhibit 4: Public Comments BACKGROUND INFORMATION A. APPLICATION PROCESSING Chapter 17.80 Permit Processing Procedures in the SVMC. The following summarizes key application procedures for the proposal. Application Submitted: July 23,2009 Determination of Completeness: August 6,2009 Issuance of an Optional Determination of Non-Significance(DNS): September 4, 2009 End of Appeal Period for DNS: September 18,2009 Date of Published Notice of Public Hearing: September 18,2009 Date of Mailed Notice of Public Hearing: September 18,2009 Staff Report and Recommendation to the Planning Commission Page 1 of 4 B. SUMMARY OF TEXT AMENDMENTS H. FINDINGS AND CONCLUSIONS SPECIFIC TO SEPA Findings: Pursuant to Title 21 (Environmental Controls)of the Spokane Valley Municipal Code(SVMC),the lead agency has determined that this proposal does not have a probable significant adverse impact on the environment. An Environmental Impact Statement(EIS)is not required under RCW 43.21C.030(2)(c). The Planning Division issued a Determination of Non-Significance (DNS) for the proposal. This decision was made after review of a completed environmental checklist and other information on file with the lead agency. Conclusion(s): The procedural requirements of the State Environmental Policy Act and Title 21 of the SVMC have been fulfilled by the applicant's submittal of the required SEPA Checklist, and the issuance of the City's threshold determination consisting of a Determination of Non-Significance(DNS). No appeals were received. III.FINDINGS AND CONCLUSIONS SPECIFIC TO THE COMPREHENSIVE PLAN AMENDMENTS A. COMPLIANCE WITH TITLE 17(GENERAL PROVISIONS)OF THE SPOKANE VALLEY MUNICIPAL CODE Findings: Section 17.80.150(F) of the Spokane Valley Municipal Code (SVMC) provides approval criteria that must be considered when the City amends the SVMC. The criteria are listed below along with staff comments. 1. The proposed privately initiated text amendment is consistent with the applicable provisions of the Comprehensive Plan; Staff Response: The Washington State Growth Management Act (GMA) requires the City of Spokane Valley to develop a housing chapter. The housing chapter provides the policy framework to ensure that adequate, decent, and affordable housing is available to all income levels as communities grow. Under GMA, the term affordable housing applies to housing for all economic levels. The Countywide Planning Policies (CWPP) focus on mechanism to increase the availability of affordable housing for middle and lower income households located within the County. The adopted CWPP stipulate that each jurisdiction develop policies, regulations, and standards that provide the opportunity to create affordable housing in its community. The City of Spokane Valley has adopted goals and policies consistent with the GMA and adopted CWPP. The proposed text amendment is consistent with the GMA, CWPPs, and the City of Spokane Valley's Comprehensive Plan. The proposed text amendment develops implementing regulations and standards that promote affordable housing consistent with the City Comprehensive Plan, specifically policy HP-1.3 where development regulations may include bonus incentives in conjunction for providing a greater diversity of housing types. The proposed text amendment is consistent with the City's adopted Comprehensive Plan. 2. The proposed amendment bears a substantial relation to public health, safety,welfare, and protection of the environment; Staff Response: The proposed amendment will provide new multifamily housing projects with an affordable housing component to provide for work force housing. The work force housing component will reassure residents that they will be able to afford to live close to their jobs, friends, and families. It will also help preserve and maintain neighborhoods that include a healthy mix of ages and incomes. The public Staff Report and Recommendation to the Planning Commission Page 2 of 4 health, safety, welfare, and protection of the environment is furthered by ensuring the Spokane Valley Municipal Code(SVMC) is reflective of regional policy and implements internal plans. Conclusion(s): The proposed privately initiated text amendment to the SVMC is consistent with the approval criteria contained in the SVMC. IV. STAFF RECOMMENDATION The Planning Division after review and consideration of the proposed privately initiated text amendment and applicable approval criteria recommends that the Planning Commission recommend approval of CTA-05-09. V. PLANNING COMMISSION FINDINGS The Planning Commission is required to adopt findings of fact(Sections 17.80.140 & 17.80.150)when recommending changes to the SVMC. At the conclusion of the hearing for the text amendment to the SVMC,the Planning Commission,by separate motion, should adopt findings of fact. Background: In 2006,the City of Spokane Valley adopted their first Comprehensive Plan. The Comprehensive Plan includes several policies and goals regarding affordable housing. Policy HP-1.3 of the Comprehensive Plan calls for development regulations and incentives that encourage greater diversity of housing types, costs, and designs that may include bonus incentives, clustering, and transfer development rights. The intent of the proposed text amendment is to develop regulations that promote affordable housing in the Multifamily Medium Density Residential District(MF-1)and the Multifamily High Density Residential District(MF-2),Corridor Mixed Use(CMU),Mixed Use(MU),Mixed Use Avenue(MUA),City Center(CC)and Community Boulevard(CB) zoning classifications by allowing density bonuses in exchange for the inclusion of affordable housing units within the development. Staff has developed a recommended regulation in cooperation with Northeast Washington Housing Solutions, and the applicant's representatives to provide density incentives to encourage affordable housing(workforce housing)and criteria to ensure the project is well designed and has additional amenities that contribute to the quality of life for the residents. Findings: Staff has prepared the following findings for the Planning Commission in the event there is concurrence with the recommended approval. Section 17.80.150(F) of the Spokane Valley Municipal Code(SVMC)provides approval criteria that must be considered when the City amends the SVMC. Planning Commission Findings: 1. The Planning Commission finds the proposed privately initiated text amendment to be consistent with the applicable provisions of the Growth Management Act, Countywide Planning Policies (CWPP) and the City's Comprehensive Plan; GMA Policies a. The Washington State Growth Management Act (GMA)1 provides the following guidance applicable to housing and neighborhoods: i. Encourage the availability of affordable housing to all economic segments of the population of this state, promote a variety of residential densities and housing types, and encourage preservation of existing housing stock ii. Identification of sufficient land area for the number of needed housing units, including government assisted housing, housing for low income families, mobile/manufactured housing, multiple family housing, and special needs housing Staff Report and Recommendation to the Planning Commission Page 3 of 4 Countywide Planning Policies b. The Countywide Planning Policies (CWPP) focus on mechanism to increase the availability of affordable housing for middle and lower income households located within the County i. Each jurisdiction's comprehensive plan shall specify the strategies for attaining its affordable housing objectives. These strategies should include a diverse mix of housing types and prices, including low-income housing ii. Each jurisdiction's development policies, regulations, and standards should provide for the opportunity to create affordable housing in its community. Such policies may include regulatory tools, such as inclusionary zoning, performance/impact zoning, mixed-use development, and incentives for increasing density to promote greater choice and affordable housing. City of Spokane Valley Goals and Policies c. The City of Spokane Valley has adopted goals and policies consistent with the GMA and adopted CWPP. i. HP-1.3 Establish development regulations and incentives for greater diversity of housing types, costs, and designs that may include bonus incentives, clustering, and transfer of development rights. ii. Goal HG-1 Encourage diversity in design to meet the housing needs of the residents of the community and region. iii. Goal HG-2 Encourage the use of affordable housing initiatives of regional organizations with a record of providing safe and affordable housing. 2. The Planning Commission finds the proposed privately initiated text amendment to bear a substantial relation to public health,safety, welfare, and protection of the environment; Supporting Statements a. The proposed privately initiated text amendment will provide new multifamily housing projects with an affordable housing component to provide for work force housing. The work force housing component will reassure residents that they will be able to afford to live close to their jobs, friends, and families. b. It will also help preserve and maintain neighborhoods that include a healthy mix of ages and incomes. The public health, safety, welfare, and protection of the environment is furthered by ensuring the Spokane Valley Municipal Code (SVMC) is reflective of regional policy and implements internal plans. Recommended Motion: The Planning Commission adopts the findings in the staff report and recommends approval of CTA-05-09, a text amendment to the Spokane Valley Municipal Code, establishing Chapter 19.35, providing density incentives for affordable housing in multifamily zones. Staff Report and Recommendation to the Planning Commission Page 4 of 4 Deanna Griffith From: Margaret Mortz [mmortz@gmail.com] Sent: Tuesday, October 06, 2009 2:49 PM To: Deanna Griffith Cc: Mortz Subject: Re: SV Planning Commission Meeting 10-8-09 Follow Up Flag: Follow up Flag Status: Flagged To the Planning Commission: Please do not prohibit manufactured accessory dwellings. You would block the appropriate use of the HUD ECHO program. Appropriately designed portable manufactured housing should be considered a valid accessory dwelling. A blanket prohibition would prevent a valid method for providing in-home elder care and affordable housing for disabled people. • HUD has a program called Elder Cottage Housing Opportunities (ECHO) "Elder Cottage Housing Opportunities (I CHO) are a specific model of accessory housing. A typical ECHO unit is a small manufactured home or cottage located on the property of a single family home that is owned by the older adult's children. " http://cpfoa-stare.musk.usm.maine.edu/resources/levelthree.aspx?sectionGUID=813488a4-d43c-41'24-bd2d- 45e73ab17c5c HUD HOME funds can be used for ECHO housing. " 92.258 Elder cottage housing opportunity (ECHO) units. (a) General. HOME funds may be used for the initial purchase and initial placement costs of elder cottage housing opportunity (ECHO) units that meet the requirements of this section, and that are small, free-standing, barrier-free, energy-efficient, removable, and designed to be installed adjacent to existing single-family dwellings." http://ecfr.gpoaccess.uov/cgi/t/text/text- idx?c=ecfr&sid=ae9e 1 b2353bc7a6eh 30cbd40179718c7&rgn=div6&view=text&node=24:1.1.1.1.42.6&idno=2 4 AARP endorses the ECHO Cottages http://vv vv yv.aarp.ori/familv/housinu/articles/stavcloser.html "ECHO is an ideal answer for many families. It allows older adults to get the support they need while all can stay independent in their own homes. It gives everyone the privacy they may desire. And the bonus? Because the ECHO unit is temporary, it can be removed when it is no longer needed. I propose that the commission does not prohibit manufactured accessory dwelling, but instead put in a statement that manufactured portable accessory dwellings should meet the standards of the HUD ECHO program. If you desire, I can provide more references and/or prepare a white paper. In the meantime, please do not block the ECHO program. 1 Sincerely, Margaret Mortz 3420 S. Ridgeview Dr. Spokane Valley WA 99026 n7117ortz Ci gmai!.com On Tue, Oct 6, 2009 at 1:55 PM, Deanna Griffith<dgriffithk-tspokanevallev.org>wrote: You may send me your comments and I will make sure they are submitted as part of the record. dg From: Margaret Mortz[mailto:mmortz(c) mail.com] Sent: Tuesday,October 06,2009 1:55 PM To: Deanna Griffith Subject: Re: SV Planning Commission Meeting 10-8-09 May I comment by email, or do I have to attend the meeting? Margaret On Tue, Oct 6, 2009 at 1:53 PM, Deanna Griffith<dariffith@spokanevalley.org>wrote: The City of Spokane Valley Planning Commission will be holding its regular meeting on this Thursday 10-8- 09. On the agenda for this week's meeting are two public hearings and a request for recommendation. The first public hearing is regarding a batch of code amendments regarding title 19, Chapter 19.40.010 — State that cargo shipping containers and similar enclosures are not a permitted accessory structure in any residential zone. Chapter 19.20.06 - State that additions to nonconforming structures must meet current zoning setbacks. Chapter 19.40.100 — Remove language to clarify the size limits of Accessory Dwelling Units; add that a manufactured home cannot be an Accessory Dwelling Unit. Chapter 19.40.140 - State that a Home Occupation permit is required for any business person or entity engaging in a for-profit enterprise in a residence. Add and clarify examples of not allowed businesses including adding "small engine repair" to the list of definitions. Chapter 19.50— .050(G)2 Add the requirement that buildings must meet applicable building code requirements; .060(C)3 Active recreation areas are Community Development Director determined. Chapter 19.120 -Add Self Storage/mini storage to permitted uses in both the I-1 and I-2 zones. Planner Tavis Schmidt is taking the lead on these amendments, tschmidt(i)spokanevalley.org 2 The second public hearing is regarding an amendment for A privately initiated text amendment to the SVMC providing density incentives for developments that include an affordable housing component in the Multifamily Medium Density Residential District(MF-l)and the Multifamily High Density Residential District(MF-2), Corridor Mixed Use (CMU), Mixed Use(MU), Mixed Use Avenue(MUA), City Center(CC) and Community Boulevard (CB)district zones. Mike Basinger is the lead on this project mbasinger'aspokanevallev.or9 Thirdly staff is asking the Planning Commission to review and recommend to Council the proposed Public Participation Plan for the Shoreline Master Program update. If you have specific questions please contact lead planner Lori Barlow at Ibarlo\\ <<spokanevallev.org I am working to get these documents posted to the web as fast as I can, however if you are in need of anything in particular, please do not hesitate to let me know right away and I will email to you the documents you are looking for. Sincerely, (Deanna Griffith Admin Assist, Community Development City of Spokane Valley 11707 E. Sprague Ave. Suite 106 Spokane Valley, WA 99206 509-688-0050, direct 509-921-1008, fax dgriffithk spokanevallev.org 3 Splkan� Department of Community Development j\alr� y Planning Division CTA-05-09 Amendment to the SVMC October 8, 2009 Mike Basinger,Senior Planner October I.2009 CTA-05-09 Department of Community Development SO:Wane }j11 Planning Division Privately Initiated Text Amendment Density Incentives for affordable housing Presentation Outline — Regional Affordability — Income limits — Policy framework — Where the regulation will apply in COSV — Density calculations — Development standards October I,2009 CTA-05-09 I Valle Department of Community Development �'jaik Planning Division Collaborative Effort • Initiated July 2009 • Regulation development — Housing Authority — Applicant — COSV ® Incentive based regulation (voluntary) — Work force housing • 40% - 60% of Area Median Income (AMI) October I,2009 CTA-05-09 �\-- Department of Community Development Planning Division Regional Efforts Mayor Munson, Mayor Verner, & Commissioner Mager • — Organized a 20 member task force • Task Force — Indentified a shortage of affordable housing — Developed implementation strategies: • jurisdictions develop and adopt incentives October I,2009 CTA-05-09 2 spioknn/�e Department of Community Development jVt11le'. Planning Division 2008 Income Limits FY 2008 Median FY 2008 Income Limit 1 Person 2 Person 3 Person 4 Person Income Income Category Limit Area Spokane, $56,700 Extremely Low(30%) $12,100 $13,850 $15,550 $17,300 WA MSA Income Limits Very Low(50%)Income $20,150 $23,050 $25,900 $28,800 Limits Low(80%) $32,250 $36,900 $41,500 $46,100 Income Limits October I,2009 CTA-05-09 ISookan�' Department of Community Development .....0 Valitaisii, Planning Division Affordable Housing Policy Framework • GMA — Requires a housing element in Comp Plan 0 — Encourage variety of housing options El — Allow smaller lots 0 — Provide density bonuses for affordable housing — Encourage infill development E1 — Allow for MU development 0 October I,2009 CTA-05-09 3 Spiil:��nne Department of Community Development j�alk Planning Division COSV Comp Plan HP-1 .3 Establish development regulations and incentives for greater diversity of housing types, costs and designs, that may include bonus incentives, clustering, and transfer of development rights October I,2009 CTA-05-09 .�� Department of Community Development Spokane Planning Division Applicability J Mixed use zones r.- st L._ Multifamily zones Subarea zones MF October I,2009 CTA-05-09 4 soar Department of Community Development fJeomiew Planning Division Bonus Density Calculations % of Median ($56,700 AMI) Bonus Density (MF-2) 40% ($22,680) 40% (30.8 units/acre) $11 an hour 5 affordable units 50% ($28,350) 30% (28.6 units/acre) $14 an hour 4 affordable units 60% ($34,020) 20% (26.4 units/acre) $16 an hour (2 people min wage) 2 affordable units Note:affordable housing units shall be floating(interchangeable) 30%and below is served by housing authority,non-profit housing agencies&private Landlords October 1,2009 CTA-05-09 sPo —. Department of Community Development Planning Division Additional Density Increase in Exchange for Amenities • Benches and fountain—additional 5% • Playground apparatus—additional 10% • Sport Court—additional 10% • Indoor Recreational Facility—additional 20% • Other amenities approved by Director—not to exceed 10% Note: overall density shall not exceed 60% • MF -2 development — 22 units with 60% increase=35.2 units October I,2009 CTA-05-09 5 n \ Department of Community Development Planning Division Development Standards • Additional 5% open space (total 15%) • Make use of site characteristics -- Trees. creeks, riparian zones. etc. • Emphasize natural topography • Requires design continuity • Promotes a safe environment Emphasizes pedestrian paths • Exceptions — 25% building height — 10% of required yard October I,2009 CTA-05-09 /• Department of Community Development i _stiokane Valley Planning Division Summary • Developers increase density of project — Provides both market rate and affordable units — Reduces per unit land costs • Affordable housing @ no cost to City — Increases real estate value of projects — Work force housing opportunities attracts businesses October I,2009 CTA-05-09 6 Department of Community Development jVaL _ Planning Division Proposed Text Amendment Chapter 19.35 Residential Density Bonus — Applies to MF-1, MF-2, CMU, MU, MUA, CC, & CB — Adds density calculations related to affordability — Adds development standards: open space/design • Appendix A Definitions — Affordable Housing — Recreational Facility, Indoor October I,2009 CTA-05-09 . �� Department of Community Development jV41i Planning Division Decision Criteria • Section 17.80.150(F) of SVMC — The proposed text amendment is consistent with the applicable provisions of the Comp Plan — The proposed text amendment bears a substantial relationship to the public health, safety, welfare, and protection of the environment October I,2009 CTA-06-09 7 Spo;V Department of Community Development j �; Planning Division PC Findings of Fact Planning Commission Findings (page 3 & 4) — Decision criteria (italicized) — Recommended motion for PC consideration — Planning Commission's Recommendation to City Council • adopt as proposed • make modifications to proposal • recommend the proposal not be adopted • forward no recommendation October I,2009 CTA-05-09 — n/e Department of Community Development jVal ommoot Planning Division Questions? October I,2009 CTA-05-09 8 1111 Frameworks AFFORDABLE HOUSING SOLUTIONS FOR THE NORTHWEST The Face of ofAffordable Housing What is Affordable Housing • Housing developed for families not typically served by regular real estate markets • For Home Ownership, this is families who earn less than 80% of area median income * � � f . -11101 Ili . .4 !: • �• AIR k.1111 I ' . 1 Which of these houses is "affordable"? . , . .. . . . . . , ... .. . . .. .,., , ••,, 1 , • . , . - ---.,„.,-_, i.,„,:„.. . .,... , ..,. f.C - - 1.61 . . ..' . . • ti '. . '''4‘:,i1;•Ok• -y.,-=.-.. • l fl .L - :t2-; Sidi-t, -;Ij 11' _'J�` 11 - f• -- -: O y3/40 �1 ' R 'moi-:.- • IF -. .• �,. •A it i •S s'1 i 1 6 i �+i st•1 ��i..+.:a.,, ... <r _ . l ; � «ter .i.---,. (`. K V 4 4 .. � " • '1a - i' -.-..e. 4-..... or-Noo., • WiN. '' ' • lt • . St- . ......-• - •- .7;* ..e.: .. . .. ••.,- N ;„. • 4. -rec‘ milk .' • .F. Ii,•-v ....,:i 4. 4 r... 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'...,,• ' '.:- .1.,...j s -1 -. • ---- 1 1 ti -1 " • ' __________. ‘r".1-2.- •--- ':'` ;$1:..1....- '1-1.-.;I:k'.17.'• •' --: :. . _7:-__. -I. - -..:_! t" --t . ..e.•... %5k,r - •-.; ________ .„..--- -- ilit,ji..1;ic.:'.• - . ''-" . ' -‘7.1.4 • -•ik - . . 5. • •: -----------------, __L__- —___.2---- -•.. .4•?...,...;i, ,.... .,,_,_,. -.,--:----_, ---. ---7-. _„----„, -.1 _-_-----------------1 _ ________________. ________ ,,,...._-- , --1 * , • - ------- • ,... ........_ , "1 i -, • ,. ,., , — __., . • '1 . .,' 1" ---____— •_..-- ,. ‘., ______I "1 • ..—` '' ..24 11 4.• —_____ — -.I, — - --1 — - .; -IT, .i : -.:4!It 4 i ii4110., a -- —•, q )1 ,.. r-••. •r-4, ' . . — —I .-1 '1 -- •• • i..,...,_. -- --1 • #.-1,-_ex,-•,-, • .a , -- ..- e.. ; i ........_ air'''. 4-'-'1-- .1-t•-";i '• •70119,46;:4VI il; •''''',, - - - - d,AL-9.e -...*-WeTful-,-...,,t- 1 • .- — --, . .••-•-c . .- -,•:- -.1m: W. s' '•-.' ",••'• (,-;--:•: ..i•--. . — ---, . .. •• ..., All -I- - t.. ..- : ;•-•-7-. 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' . r � :c .• CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: October 8, 2009 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Public Participation Plan for the 2009-2010 Shoreline Master Program Update GOVERNING LEGISLATION: RCW 36.70A.140; RCW 90.58.130; WAC 173-26-201; WAC 173-26-100; and WAC 365-195-600. PREVIOUS ACTION TAKEN: None BACKGROUND: Following incorporation the City of Spokane Valley adopted the Spokane County Shoreline Master Program (SMP) as the interim SMP for the City. The County's SMP was adopted in 1975. The SMP must be updated by December 1, 2013 to be consistent with the Department of Ecology (DOE) Shoreline Management Program Guidelines. This will involve a participation process with the public, local and state agencies and affected tribes; an inventory of shoreline conditions, analysis of shoreline conditions; assigning or revising proposed environment designations; development of shoreline goals, policies and regulations for the SMP, and final review and adoption. The City has budgeted $150,000 to complete the process. At this time, URS Corporation has been selected from a pool of consultants to assist the city with the update, and a dynamic work program has been developed. Staff has prepared a public participation plan that identifies opportunities for public input throughout the 2009-2010 update process in coordination with the work program. The plan was developed to meet the requirements of all governing legislation by providing early and continuous public participation opportunities that include open houses, public meetings, agency review, committee review of the goals and policies, and continuous access to information via an Internet web page. Staff has begun work on the update, but is requesting that the Public Participation Plan for the 2009-2010 Shoreline Master Program Update be reviewed by the Planning Commission and that a formal recommendation be made to the Council to accept the Plan by resolution. OPTIONS: Recommend the council accept the plan, modify the plan, or deny the plan. RECOMMENDATION: Accept the plan STAFF CONTACT: Lori Barlow, Associate Planner ATTACHMENTS: Exhibit 1: Public Involvement Plan Exhibit 2: SMP Project Timeline Spokane Valley Shoreline Master Program and Development Regulations Update Public Involvement Plan Project Update the Shoreline Master Program and Development Regulations consistent with the DOE Guidelines. The update process includes completion of inventory and analysis reports with corresponding maps and illustrations that characterize shoreline ecological conditions; development of shoreline policies, environment designations, and use regulations; as well as analysis of cumulative impacts and uses, and preparation of a shoreline restoration plan. Applicable Rules and Regulations The following regulations apply to this project: 1. WAC 173-26-201 Comprehensive process to prepare or amend shoreline master programs 2. WAC 173-26-100 Local process for approving/amending shoreline master programs 3. RCW 36.70A.140 Comprehensive Plans—Ensure public participation 4. RCW 90.58.130 Involvement of all persons having an interest,means 5. WAC 365-195-600 Public Participation. Public Involvement Plan Overview The public involvement plan is based on the following requirements or points: 1. Create opportunities for early and continuous involvement of all interested parties that include, shoreline property owners, state agencies, Tribes, local residents,neighboring jurisdictions, elected officials, recreational users, conservation groups, etc. 2. Include opportunities to identify shoreline management issues of local concern early in the process; 3. Inform the public of the process, opportunities to participate, decisions made, and next steps by utilizing various media methods. The plan includes the use of a Shoreline Advisory Committee and the identification of a Technical Advisory Group, community meetings, Planning Commission and Council workshops, meetings and briefings, creation of a shoreline page on the City's website, and mailings. The specific elements of the plan include: Page 1 October 1,2009 SMP and Development Regulations Update Public Involvement Plan Citizens Advisory Committee and Technical Review Group A Technical Review Group (TRG)will consist of representatives from local, regional, state, and tribal agencies. The City is required to seek input,participation and recommendations from these groups. Completed phases of the update will be provided to the group for review and comment to share information, encourage cooperation and promote intergovernmental activity associated with the SMP update. A list of TRG members will be developed for distribution of materials. A Shoreline Advisory Committee (SAC) will be established to provide feedback and communication primarily during the development of goals,policies and supporting development regulations. However,the committee may be used throughout the process. The SAC will consist of property owners, interested neighborhood groups, recreational users, interested individuals and organizations with technical expertise. A limited number of government and agency representatives may be involved at this level. The Committee will review and discuss the findings and or recommendations associated with the phases listed below. Key points for discussion with committees are: 1. Shoreline inventory, characterization, and analysis a. Present report and request feedback and issue identification 2. Shoreline environment designation a. Introduce designations and rationale—request input 3. Shoreline policy and regulation development a. Ongoing meetings to review the draft policy and regulation language 4. Cumulative impacts analysis and restoration planning a. Present reports and request input Open Houses/Community Meetings This format will be used to educate the public on the Shoreline Master Program and gain input from the public on issues or alternatives. Open Houses will be scheduled at the conclusion of the following tasks or other significant timeline events. 1 Shoreline inventory, characterization and analysis report 2 Development of the environment designations 3 Draft Shoreline policy and regulations 4 Draft cumulative impacts analysis and restoration plan 5 Final Draft Plan and Development Regulations City of Spokane Valley Web page Staff will create and maintain a web page. The web page will be used to issue press releases, SMP updates, and notices for public meeting. Content updates will occur as new information is available. The web page will also be used to distribute information and provide opportunity for public comment. Materials on the site will include fact sheets, Page 2 October 1,2009 SMP and Development Regulations Update Public Involvement Plan reports, maps, as they become available,meeting notices, agendas, and summaries, and staff contact information. Informational Mailings Mailings will be sent to all the property owners within the shoreline jurisdictional area that describe the SMP update process, introduce the City of Spokane Valley web page where information can be consistently found regarding shoreline update process, and identify key staff for contact information. Property owners will be encouraged to provide their email addresses for the email distribution list. Additional mailings may be completed for open houses and public hearings to insure opportunity for feed back. E-mail Notification and Mailing Lists Staff will maintain an E-mail distribution list and a mailing distribution list for notices of scheduled public meetings. Notice will be provided by mail and/or email. Individuals and Organizations interested in being on the mailing list will be provided opportunity to add their names to the list at public meetings, on the shoreline website, or by contacting staff directly. Staff will distribute updates, notices for open houses, and notices for Planning Commission and Council meetings. Press Releases Press Releases will be prepared and published area wide prior to each open house. Planning Commission Updates/Public Hearings Staff will provide monthly updates to the Commission on process and progress. Study sessions will be scheduled at the conclusion of major tasks or other significant timeline events. Tasks and information to be reviewed will be the same as the Committee work program. The Commission will conduct a public hearing and provide a recommendation to the council to accept each completed phase of the SMP update by resolution. Additional Study Sessions/workshops will be held prior to public hearings for final review by Commission. The Commission will hold a minimum of one public hearing and forward its final recommendations and findings to the City Council for further action. Joint Plan Commission and Council Review Meetings Joint work sessions may be held between the Planning Commission and Council to review preliminary Shoreline Master Program Information at the conclusion of major tasks. Joint sessions will be scheduled at the discretion of staff if it is determined to be a more efficient means to review information. Page 3 October 1, 2009 SMP and Development Regulations Update Public Involvement Plan Council Updates/Public Hearings Staff will provide quarterly updates to council. As major components of the SMP are completed Council will be asked to accept them individually by resolution(or other mechanism) including the public participation plan, inventory and analysis, environmental designations, goals and policies, and regulations. Study sessions will be conducted prior to a request for action on each component. Study Sessions will be conducted prior to any public hearings conducted for final adoption of the plan. Additional Public Meetings Staff may elect to hold additional meetings if it is determined that more meetings are needed to provide project information and/or provide additional opportunities for gathering public comments and public participation. Written comments Written comments will be considered throughout the SMP update. During formal comment periods, written comments must be received by the end of the public comment period (to be determined). All written comments should be sent to the address below or may be submitted through the Shorelines Master Program Update web page. City of Spokane Valley Community Development Department 11707 E Sprague Ave, Suite 106 Spokane Valley, WA 99206 Fax 509-921-1008 Staff Staff will be available to answer questions and provide information regarding the Shorelines Master Program update. The following individuals may be contacted for shoreline update information: Greg McCormick, AICP, Planning Manager, Project Lead (509)688-0023 Lori Barlow, Associate Planner, 509-688-0262 Micki Harnois, Associate Planner, 509-688-0048 Page 4 October 1, 2009 III� Department of Community Development r, .....sVa Planning Division Shoreline Master Program Update Public Participation Plan Planning, Commission Meeting, October 8, 2009 .-°''� Department of Community Development I..tnc j�a►le Planning Division SMP Update Process Conduct inventory !.:,:...;:..;::_:._:*___.i._00, nd A..o.os rDevelop Shoreline Address Develop ronrnetDgnasr:1rnu .trnpacts Restoratwn Plan ... ReviseRevise Goals and Policies ll . .Deve(opmenE RegulabonS I Local Adoption State Adoption 1 Department of Community Development Planning Division Local Adoption Process • Develop a Public Involvement Plan — Involve all Interested Parties — Coordinate with Local, State,and Federal Agencies and Local Tribes • Develop the Plan—Address all State-Mandated Tasks • Provide 60-day notice to Ecology and CTED • SEPA (Environmental Review) • Public Hearings—City required to conduct only 1 • Adoption by Council • Forward to Ecology for State Adoption • Anticipated Time Frame: 18 months Spokar. Department of Community Development - r Planning Division State (Ecology) Adoption Process • Ecology Reviews the plan for completeness • Seeks Public comment/Public Hearing (30 days min.) • Prepares a summary of public comments (15 days) • Local government Responds to concerns —45 days • Ecology prepares decision letter— 30 day max. — Approves plan as-is — Approves plan with changes • City has 30 days to agree to change • Submit an alternative proposal • State process takes 3-6 months 2 P Department of CommunityDevelopment Sikikanc P j�ailcu Planning Division RCW 90.58. 130 Involvement of all persons and entities having interest (i)Participation requirements.Local government shall comply with the provisions of RCW 90.58 130 which states: "To insure that all persons and entities having an interest in the guidelines and master programs developed under this chapter are provided with a fill opportuni0•for involvement in both their development and implementation,the department and local governments shall: (I)Make reasonable effa sill inform the people oft!e state ab ut the shoreline management program of this chapter a ' • Ilse but ctively encourage participation b all i ersons and u rivate?roups and entitis'rmring an intere.mi._:.. _-.._,,,.,, ,. ien programs o I vis c •pier:at 7 Invite and encourage participation by all agencies of federal,state,and local government inc a•- - he cor •rations,baring interests or responsibilities relatin_ra t h L. tare and local agencies are directe ro participate u y m insure m err m crests are y considered by the department and local governments." Additionally,the provisions of\VAC 173-26-100 apply and include provisions to assure proper public participation and, for local governments planning under the Growth Management Act,the provisions of RCW 36.70A-140 also apply. At a minimum,all local governments shall be prepared to describe and document their methods to ensure that all interested parties have a meaningful opportunity to participate. (ii Communication with state agencies.B•fore undertaking substantial work,local governments shall notify app •., •._ • ' •••-••• - • - ,relevant regional and statewide efforts,available information,and methods for coordination and input.Contact the department for a list of applicable agencies to be notified. (iii ommunication with affected Indian tribes Prior to undertaking substantial work,local governmen . - . interests,relevant tribal efforts,available information and methods for coordination and input.Contact the individual tribes or coordinating bodies such as the Northwest Indian Fisheries Commission,for a list of affected Indian tribes to be notified. Department of Community Development •, Sniikane j�alk Planning Division . �� Open House/ Community PC/CC Updates Meetings And Technical Public Hearings Review Group Public Participation Program Shoreline Informational 1 Advisory Mailings Elements Committee (SAC) Press Web Page Releases 3 Department of Community Development Planning Division Technical Review Group • City is required to seek Ecology input and participation Dept.of Fish from the groups that Tribes And Wildlife represent interests of the Technical state Review Environmental Group Local Govt. • Role: Perform technical Groups review and comment on Dept of phases of the update Regional Govt.Groups Natural Resources Department of Community Development Sliolcane jam! , Planning Division Open House/Community Meetings • Educate the Public • Gain input on issues and alternatives • 6 OH Scheduled beginning Nov. 5, 2009 — Shoreline Inventory, Characterization and analysis report — Development of Environment Designations — Draft Shoreline policies and regulations — Draft cumulative impacts analysis and restoration plan — Final Draft Plan and Development Regulations 4 n Department of Community Development jVa Planning Division Shoreline Advisory Committee (SAC) Neighborhood • Role : Review and discuss Groups findings/recommendations Local Govt. Property Tribes Owners associated with significant phases SAC • Provide feedback and Environmental City Staff Groups communication primarily during the development of Business Recreational goals and policies and Owners Users supporting development regulations Department of Community Development , Planning Division Web Page • Maintain a web page — Issue press releases, SMP updates and notices — Provide opportunity for comment — Site will be updates as new info is available — Materials on site will include: • Fact sheets, reports, maps, meeting notices, agendas and staff contact information 5 Department of Community Development Planning Division Informational Mailings • 1st Mailing — Sent to property owners within the shoreline jurisdiction area — Describe update process, introduce the web page, identify key staff and advertise open house • Last Mailing — Notify public of final open house/public hearing on SMP and development regulations • Additional mailings may be utilized throughout process as determined appropriate siH- Department of Community Development Planning Division E-mail Notification and Mailing Lists • Staff will maintain lists for notices • Notices will be provided by mail or email — Open houses, PC and CC meetings • Persons may be added to the list via the web page, by contacting staff, or signing up at open houses. 6 Spokan�~ Department of Community Development jValIc}' Planning Division Press Releases • Published in area wide newspapers prior to Open House • Posted on City Website Department of Community Development - -.... Spokane 1e _ Planning Division .,:_ Planning Commission • Monthly updates by staff • Study sessions scheduled at the conclusion of major tasks or other significant events. • A Public Hearing will be conducted at the end of each phase; PC will be asked to accept each completed phase of the SMP and forward to CC to • Additional Study sessions/joint council � ,' sessions may be held fl , 7 Spol.am Department of Community Development Planning Division Council Updates/Public Hearings • Quarterly updates • Council asked to accept each phase of the SMP by resolution • Study Sessions prior to each request for action and prior to any public hearing • Public hearing required for final adoption Department of Community Development • •- . Spokanc j�allc� _. Planning Division N Written comments • Considered throughout the SMP update • During formal comment periods Staff Availability Greg McCormick,AICP Planning Manager Project Lead i I i Lori Barlow Micki Harnois Associate Planner Associate Planner 8 Department of Community Development Spil:nnc { jValleY Planning Division Questiois? 9