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Agenda 05/11/2017 S11 'ane Valle Y Spokane Valley Planning Commission Regular Meeting Agenda City Hall Council Chambers, 11707 E. Sprague Ave. May 11, 2017 6:00 p.m. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. APPROVAL OF AGENDA V. APPROVAL OF MINUTES: April 13, 2016 VI. COMMISSION REPORTS VII. ADMINISTRATIVE REPORT VIII. PUBLIC COMMENT: On any subject which is not on the agenda. IX. COMMISSION BUSINESS: i. Study Session: CTA-2017-0001, A proposed amendment to the Spokane Valley Municipal Code regarding Urban Farming and Animal Keeping X. FOR THE GOOD OF THE ORDER XI. ADJOURNMENT Minutes Spokane Valley Planning Commission Council Chambers—City Hall April 13,2017 I. Vice Chair Johnson called the meeting to order at 6:00 p.m. Commissioners, staff and audience stood for the pledge of allegiance. Secretary Deanna Horton took roll and the following members and staff were present: Heather Graham, absent—excused Cary Driskell,City Attorney James Johnson Lori Barlow, Senior Planner Tim Kelley Micki Harnois,Planner Mike Phillips Michelle Rasmussen Suzanne Stathos Matt Walton Deanna Horton, Secretary for the Commission Hearing no objections Commissioner Graham was excused from the meeting. II. AGENDA: Commissioner Rasmussen moved to accept the April 13, 2017 agenda as presented. The vote on the motion was six in favor, zero against and the motion passed. III. MINUTES: Commissioner Rasmussen moved to approve the March 23, 2017 minutes as presented. The vote to approve the motion was six in favor,zero against, the motion passes. IV. COMMISSION REPORTS: Commissioner Johnson welcomed new member Matt Walton to the Commission. V. ADMINISTRATIVE REPORT: There was no administrative report. VI. PUBLIC COMMENT: There was no public comment. VII. COMMISSION BUSINESS: a) Planning Commission Findings of Fact: STV-2017-0002, Street Vacation of a portion of McMillian Road and an unnamed Right-of-Way on the City's border. Senior Planner Lori Barlow presented the Commission with the Planning Commission's Findings of Fact for the City initiated street vacation STV-2017-0002. Commissioner Kelley clarified this street vacation would not conflict with the grade separation project being considered for Barker Road. The Findings have been prepared based on the Commission's discussion and public hearing. Commissioner Rasmussen moved to approve the Planning Commission's Findings for STV-2017- 0002. TV 2017- 0002. This motion was approved with a vote of six in favor, zero against. b) Study Session: Urban Farming,Animal Keeping: Planner Micki Harnois began her presentation with a discussion regarding urban farming and selling produce grown on the same parcel. Ms. Harnois explained the state law already allows anyone to sell produce they grow on their own property. The City Council would like to investigate allowing neighbors to be able to sell each other's home grown produce on a single parcel. Other cities allow a stand,allow for prepackaged food to be sold on the site,and some have a limit on the size the display could be. The Commissioners felt neighbors being able to gather together and sell produce they had grown in their own yards was a long standing tradition which should be supported in the City. They also had concerns about someone having a sale consistently, such as a perpetual garage sale,and the traffic which could be generated by customers. The Commissioners discussed if a permit should be required and most felt it should not be required, only if the traffic would become an issue. They talked about a display booth, an awning cover, if it should be enclosed or open air, and how large it should be if allowed. They also discussed allowing other non-profit groups to sell their goods at a display on a residential lot. The Commission concluded they would suggest changes which would allow neighbors to sell their home grown produce together on one 2017-03-23 Planning Commission Minutes Page 2 of 2 parcel, use an open air temporary structure(s) not to exceed a combined total of 500 square feet and limit to home grown produce only. The Commission discussed animal keeping. Ms.Harnois covered the City of Spokane regulations which are very similar to Spokane Valley regulations. Spokane allows twice the amount of chickens per lot. Miniature farm animals are allowed on smaller lots, but males have special requirements. Spokane also allows an animal owner to build an animal structure on the lot which does not have the primary structure, which is not allowed in our city. Spokane requires WSU certification for animal keeping in certain circumstances. The Commissioners discussed the ability of allowing more animals on smaller lots. The Commissioners felt someone with two lots under the same ownership which added up to the minimum lot size for having animals should be able to use both lots to meet the minimum lot size. They also felt that should one of the lots end up being sold, it should trigger the need to have to remove the animals from the lot. They agreed there would not be a non-conforming use of animals after the fact. They raised concerns about male animals creating an odor problem. They felt the allowance for chickens could be increased. The subject changed to beekeeping, which is a controversial subject. The City already has beekeeping regulations and which were updated in 2015. After a lively discussion the Commissioners asked for more specific information regarding complaints which the Code Enforcement Officer has responded to in regard to bees. Ms. Barlow stated based on the feedback received from the Commissioners, staff would be relocating the various farming and animal keeping regulations and co-locating them to one section to the code. Staff will take the suggestions and return with draft language for the Planning Commission review and recommendation to the City Council. VIII. GOOD OF THE ORDER: Commissioner Johnson shared he had read Spokane Falls Community College was building homes similar to Quixote Village. He said he felt this was a concern which should not be forgotten. IX. ADJOURNMENT: Commissioner Johnson moved to adjourn the meeting at 7:50 p.m. The vote on the motion was unanimous in favor,motion passed. Heather Graham, Chair Date signed Deanna Horton, Secretary CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: May 11, 2017 Item: Check all that apply nold business Fl new business n public hearing n information Fl study session n pending legislation FILE NUMBER: CTA-2017-0001 AGENDA ITEM TITLE: Study session-Amendment to the Spokane Valley Municipal Code (SVMC) DESCRIPTION OF PROPOSAL: A text amendment to the SVMC 19.65.010 to remove agriculture and animal keeping regulations and create Chapter 19.78 Urban Fanning and Animal Keeping. GOVERNING LEGISLATION: SVMC 17.80.150 and 19.30.040; and RCW 36.70A.106 PREVIOUS PLANNING COMMISSION ACTION TAKEN: None BACKGROUND: Staff presented an overview of the city's animal keeping and agriculture related regulations to Council on March 21, 2017. Following a discussion that included a comparison of the city's regulations to other jurisdictions, Council directed staff to begin the process of amending the regulations to allow animal keeping on smaller lots similar to the City of Spokane's regulations, and provide for residential produce sales. On March 23, 2017 staff discussed the Council direction with the Planning Commission. On April 13, 2017 staff discussed general concepts with the Planning Commission to obtain input in the development of the draft regulations. The draft regulations remove the animal keeping and agriculture related items from Chapter 19.65 and place the new regulations in Chapter 19.78 Urban Farming and Animal Keeping. New regulations have been drafted for different aspects of Urban Fanning including community gardens and residential produce sales. Proposed revisions have been made to the existing animal raising and keeping standards that generally parallel the City of Spokane regulations and include: • Allowing large domestic animals only on lots 40,000 square feet or greater • Allowing small domestic animals in residential zones—no minimum lot size • Increasing the ratio of animals to land area for allowing small domestic animals • Increasing the Chicken Ratio allowance • Requiring movable frame-hives for beekeeping RECOMMENDED ACTION OR MOTION: No action recommended at this time. The Planning Commission will conduct a public hearing and consider the code text amendment on May 25, 2017. STAFF CONTACT: Micki Harnois, Planner ATTACHMENTS: 1. Draft SVMC 19.78 RPCA Study Session for CTA-2017-0001 Page 1 of 1 Chapter 19.78 URBAN FARMING AND ANIMAL KEEPING Sections: 19.78.010 Purpose. 19.78.020 Dcfinition. 19.78.030 020 Urban farming. 19.78.840-030 Large Domestic Animal Raising and/or Keeping.Animal raising and/or kccping. 19.78.040 Keeping of Small Domestic Animals. 19.78.060 Hobby Beekeeping. Definitions (To be moved to Appendix) A. "Agricultural products": Fruits, vegetables, horticultural and floricultural products but shall exclude animals and animal products with the exception of eggs from fowl. B. "Community garden": An area that contains raised planting beds or gardens for agricultural products, other than eggs,that are used by citizens for personal or non-profit use. C. "Residential Produce Sales": A residential use engaged in the retail sales of fresh agricultural products grown on the site. 19.78.010 Purpose. The purpose of the urban farming and animal keeping regulations is to facilitate the establishment and operation of these activities in residential zones. This chapter intends to support neighborhood efforts to sustainably cultivate produce and raise and keep animals while-minimizing the impacts to adjoining residents. 19.78.020 Urban Farming. A. Community gardens. 1. Standards. a. Operating rules are required that identify hours of operation, maintenance, and a garden coordinator with contact information. b. The site shall be designed, maintained, and operated so that water and fertilizer cannot drain onto adjacent property. c. Accessory structures may solely include noncommercial greenhouses,tool houses, garden sheds, and similar structures necessary for operation of the community garden and shall be consistent with SVMC 19.65.130(A) and SVMC 24.40. d. Accessory structures shall not be located within five feet of any rear or side property line, or be located within the front yard or any public or private easement. e. Agricultural products grown in a community garden may be sold off-site if all of the proceeds are used by nonprofit organizations. All other agricultural products grown in a community garden shall be for personal use and consumption. f. Marijuana and marijuana-related products may not be grown or sold as part of a community garden. B. Residential produce sales. 1. Standards. a. Only open air temporary structure(s) may be placed on site for the sale of home grown agricultural products and shall be limited to a combined total of 500 square feet of total floor area per site. b. Sales of agricultural products grown onsite shall begin no earlier than 7:00 a.m. and end by 7:00 p.m. every day of the week. c. No structure shall be closer than 10 feet to the front yard lot line and no closer than five feet to the rear and side lot line. d. Produce may not be displayed or stored overnight except in a clean, completely enclosed rodent-proof structure. e. Garbage and refuse shall be kept in tightly covered, watertight containers until removed and shall be disposed of daily in a place and manner that does not create a public health hazard. f. Only one A-frame sign may be placed on the property. The A-frame sign shall meet the size, maintenance, display time, and location standards set forth in SVMC 22.110.050(E)(1-4). g. Pursuant to RCW 36.71.090, a Washington State business license or city business license is not required. h. Marijuana and marijuana-related products may not be sold as part of residential produce sales. 19.78.030 Large Domestic Animal Raising and/or Keeping. A. Where permitted. Animal raising and/or keeping of large domestic animals is permitted outright only in residential zones if the lot size equals or exceeds 40,000 square feet or in mixed- use zones with legally established residential uses if the lot size equals or exceeds 40,000 square feet. B. Large domestic animals include: 1. Horses, donkeys, burros, llamas, alpacas, bovines, goats, sheep, swine, and other animals or livestock of similar size and type. 2. Young of horses, mules, donkeys, burros, and llamas under one year in age. 3. Bovines under 10 months in age. 4. Sheep, goats, and swine under three months in age are not included when counting large domestic animals. C. Standards. 1. Minimum lot size is 40,000 square feet. 2. Not more than three large domestic animals shall be permitted per gross acre. D. Animal Enclosure Setbacks. 1. Permanent or temporary structures housing large domestic animals including, but not limited to, a stable, paddock, yard, runway, pen, or enclosure, or manure pile shall not be located within 75 feet from any dwelling,whether onsite or not. 2. Permanent or temporary structures housing large domestic animals including, but not limited to, a stable, paddock, yard, runway, pen, or enclosure, or any manure pile, shall not be located within the front yard setback or be closer than 10 feet from any side property line. E. Animal Enclosure. 1. Stables, paddocks, yards, runways, pens, coops, hutches, enclosures, structures, pastures, and grazing areas shall be kept in a clean and sanitary condition. 2. Animals shall be kept in a secure structure, enclosure or fenced area, or otherwise be controlled with an appropriate harness or retraining device capable of safely controlling the animal. 3. Barbed wire fences may only be used to confine large domestic animals if the requirement of SVMC 19.78.030(A) is met; 4. Barbed wire shall not project outside of the property line or into the public right-of-way. 5. Electric fences may be used to confine large domestic animals if the requirements in 22.70.020(1)(1-5) are met. 19.78.040 Keeping of Small Domestic Animals. A. Where Permitted. Animal raising and/or keeping of small domestic animals is permitted outright in all residential zones and in any mixed-use zone that permits residential uses. B. Small Domestic Animals (except chickens) include: 1. Fowl including, but not limited to, guinea hens, geese, ducks, turkeys, pigeons, and other fowl not listed or otherwise defined. 2. Mink, chinchilla, gnawing animals in general, and other animals of similar size and type. 3. Small livestock, which are defined as: a. Swine breeds that include miniature Vietnamese, Chinese or oriental pot-bellied pigs (sus scrofa vittatus); b. Other small pig breeds such as Kunekune, Choctaw, and Guinea hogs; c. All breeds of goats, excluding mature large meat breeds such as boers; and d. All breeds of sheep, excluding mature large meat breeds such as Suffolk or Hampshire sheep. 4. Horned rams shall not be permitted as a small livestock. 5. Under no circumstance shall a small livestock exceed 36 inches in shoulder height or 150 pounds in weight. 6. Young small animals, livestock, or fowl under three months in age are not included when counting small animal, livestock, or fowl. C. Standards Applicable to Keeping of Small Domestic Animals. 1. Small Domestic Animal Raising and/or Keeping Ratio to Land. Owners may raise or keep small domestic animals as follows: a. One small animal or fowl, other than small livestock per 1,000 square feet of lot area. b. One small livestock per 2,500 square feet of lot area. 2. The calculation of the number of small domestic animals shall be cumulative and the aggregate of total number of small domestic animals shall not exceed the number permitted in this SVMC 19.78.050. For example, a 10,000 square foot lot may have 10 chickens (10,000 square feet divided by 1,000 square foot per small animal equals 10 animals) or four miniature goats (10,000 square feet divided by 2,500 square foot per small livestock equals four small livestock X 2,500) but not both. 3. Roosters are prohibited. 4. Peacocks are only allowed on lots that are 40,000 square feet or larger. 5. Male small livestock shall be de-scented and/or neutered. 6. Animal Enclosure Setbacks. Small animal or fowl enclosures, including but not limited to pens, coops, hutches, or similar containment structures or enclosures shall be kept a minimum of 20 feet from the front property line and five feet from side and rear property lines. 7. Animal Enclosure: a. An animal enclosure shall only be allowed to be constructed on a lot that contains a primary residential structure or on an adjacent lot when the two lots are occupied by the same owner. Animal enclosures shall follow the development standards for animal enclosure setbacks as stated in SVMC 19.78.040(C)(6) (see above). b. Small domestic animals shall be kept in a secure a structure, enclosure, fenced lot, or otherwise controlled with an appropriate harness or retraining device capable of safely controlling the animal. 19.78.050 Keeping of Chickens. A. Zones Permitted. Chicken keeping is permitted in all residential zones. B. Standards: 1. A maximum of one chicken may be raised or kept per 2,0001,000 gross square feet of lot area, with a maximum of 25 birds allowed; and 2. The keeping of roosters is prohibited. C. Animal Enclosure Setbacks: 1. Enclosures used for chickens, including but not limited to pens, coops, hutches, or similar containment structures shall be kept a minimum of 20 feet from the front property line and five feet from side and rear property lines; 2. Enclosures used for chickens, including but not limited to pens, coops, hutches, or similar containment structures shall be kept a minimum of 25 feet from dwellings on neighboring properties; and 3. All chickens shall be contained within the subject property. 19.78.060 Hobby Beekeeping. A. Zones Permitted. Hobby beekeeping is permitted in all residential zones. B. Standards: 1. The number of beehives shall be limited to one beehive per 4,356 gross square feet of lot area; 2. Beehives shall be set back a minimum of five feet from a side or rear property line and 20 feet from the front property line; 3. A flyaway barrier shall be provided that is at least six feet high and consists of a solid wall, solid fencing material, dense vegetation, or combination thereof, that is parallel to the side or rear property line(s) and extends beyond the beehive(s) in each direction that bees are forced to fly at an elevation of at least six feet above ground level over the property lines in the vicinity of the beehives; 4. Beekeepers shall maintain an adequate supply of water for bees located close to the hives; 5. Colonies shall be maintained in movable-frame hives with adequate space and management techniques to prevent overcrowding and swarming.