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Agenda 05/25/2017 SCITI POKane Valle y Spokane Valley Planning Commission Regular Meeting Agenda City Hall Council Chambers, 11707 E. Sprague Ave. May 25, 2017 6:00 p.m. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. APPROVAL OF AGENDA V. APPROVAL OF MINUTES: May 11, 2016 VI. COMMISSION REPORTS VII. ADMINISTRATIVE REPORT VIII. PUBLIC COMMENT: On any subject which is not on the agenda. IX. COMMISSION BUSINESS: i. Public Hearing: CTA-2017-0001, A proposed amendment to the Spokane Valley Municipal Code regarding Urban Farming and Animal Keeping ii. Study Session: CTA-2017-0002, A proposed amendment to the Spokane Valley Municipal Code regarding storage containers X. FOR THE GOOD OF THE ORDER XI. ADJOURNMENT Minutes Spokane Valley Planning Commission Council Chambers—City Hall May 11,2017 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 Lori Barlow, Senior Planner James Johnson Micki Harnois,Planner Tim Kelley Mike Phillips Michelle Rasmussen,absent—excused Suzanne Stathos Matt Walton,absent-excused Deanna Horton, Secretary for the Commission Hearing no objections the Commission excused Commissioners Rasmussen and Walton from the May 11,2017 meeting. II. AGENDA: Commissioner Johnson moved to accept the May 11, 2017 agenda as presented. The vote on the motion was five in favor,zero against and the motion passed. III. MINUTES: Commissioner Johnson moved to approve the April 13, 2017 minutes as presented. The vote to approve the motion was five in favor, zero against, the motion passes. IV. COMMISSION REPORTS: Commissioner Kelly reported he attended the Trader's Club Meeting. V. ADMINISTRATIVE REPORT: Senior Planner Lori Barlow reported to the Commission the public hearing for the amendment on farming and animal keeping would be on May 25,2017. She said at the same meeting,there would be a study session regarding storage containers. VI. PUBLIC COMMENT: There was no public comment. VII. COMMISSION BUSINESS: a) Study Session: CTA-2017-0001 — Proposed changes to Spokane Valley Municipal Code (SVMC) 19.65.020 and 19.78 Urban Farming and Animal Keeping: Planner Micki Harnois gave the Commission a presentation reviewing the proposed changes to SVMC 19.65 and 19.85. Ms.Harnois explained the large and medium animal keeping,along with the community garden section,would be struck from SVMC 19.65. Animal shelters and kennels will be left in SVMC 19.65. The animal keeping and gardening sections of the code, along with newly proposed language would be placed into a new section of the municipal code as SVMC 19.78 Urban Farming and Animal Keeping. Three new definitions are being added to Appendix A, Definitions: agricultural products, community garden and residential produce sales. In SVMC 19.60.050 the Permitted Use Matrix, animal keeping will be allowed in all single family residential zones. In Mixed Use zones, lots which have legally established residential uses may also keep animals. A new line will be added for Residential Produce Sales,which will be permitted in the Residential and Mixed Use zones to allow for the sales of produce grown in home gardens. Commissioner Graham said she wondered why bees were not allowed in other zones, such as Mixed Use zones where there might be an established residential use. Ms. Barlow responded the only change to the beekeeping regulations was the one suggested by the Commission regarding the movable frame hives. Community gardens will be allowed in residential, mixed use and parks zones; The draft regulations indicate operating rules are required, water and fertilizer can't drain onto adjacent properties,accessory structures must meet lot coverage and setback requirements,marijuana cannot be grown , and produce grown can be sold off-site if proceeds are for a non-profit. Residential produce sale standards were drafted based on previous discussions with the Commission. Open-air structures of not more than 500 square feet will be allowed,but only food 2017-03-23 Planning Commission Minutes Page 2 of 2 grown in a home garden is allowed to be sold and must be stored at night to not attract vermin. The structures must meet setback requirements and garbage must not create a health hazard. One A- frame sign will be allowed,marijuana products of any kind are not allowed and a business license is not required per RCW 36.71.090. The minimum lot size for large animal keeping is proposed to return to 40,000 square feet. The lot size changed to one acre during the Comprehensive Plan update was unintended. The lot size relates to the minimum lot size in the R-1 zones. Animal raising will be divided into small and large domestic animals. No more than three large animals, including swine, will be allowed per 40,000 square feet. Swine is a new proposed addition to the large animal group,which consists of large animals such as cows, horses, lamas, sheep and goats. Commissioner Stathos clarified the setback requirements regarding structures need to be 75 feet from another structure regardless of location. Small domestic animals will not be restricted to a certain lot size. Small domestic animals are those less than 36 inches in height at the shoulder and weighing less than 150 pounds,and includes fowl. Small domestic animals are limited to livestock of one per 2,500 square feet, or fowl at one per 1,000 square feet. Male animals must be descented or neutered. Animal enclosures may be placed on an adjourning lot if the property is under the same ownership. Chicken regulations are proposed to change from one per 2,000 square feet to one per 1,000 square feet, with a maximum of 25 chickens total. Ms. Harnois commented on code enforcement information the Commissioners had requested regarding bees. She stated officers from both Spokane Valley and Spokane said their calls typically ended up being about wasps,rather than honey bees,the amount of hives on the property, setbacks and/or the lack of water. Both had shared they felt having the requirement of a beekeeper certification has been helpful in assisting in their code cases. VIII. GOOD OF THE ORDER: Commissioners had nothing for the Good of the Order IX. ADJOURNMENT: Commissioner Johnson moved to adjourn the meeting at 7:05 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 25, 2017 Item: Check all that apply: ❑ consent ❑ old business ® new business ® public hearing ❑ information ❑ admin.report ❑ pending legislation FILE NUMBER: CTA-2017-0001 AGENDA ITEM TITLE: Public Hearing — Amendment to the Spokane Valley Municipal Code (SVMC) DESCRIPTION OF PROPOSAL: City initiated code text amendment to the SVMC 19.65.020 to remove agriculture and animal keeping regulations and create Chapter 19.78 Urban Farming and Animal Keeping GOVERNING LEGISLATION: RCW 36.70A.106; SVMC 17.80.150 and 19.30.040 PREVIOUS PLANNING COMMISSION ACTION TAKEN: None BACKGROUND: On March 21, 2017 Council directed staff to begin a review and update of the City's animal keeping and agricultural activity related regulations. The Planning Commission discussed the current and proposed regulations at the March 23 and April 13, 2017 meetings and provided input on the development of the draft urban farming and animal raising and regulations. The Planning Commission conducted a study session on May 11,2017. At this time the Planning Commission will consider draft regulations that 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 developed to encourage community gardens and residential produce sales. 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 The Planning Commission should conduct the public hearing on the proposed amendments and consider public input. Following deliberations a recommendation will be forwarded to City Council. RECOMMENDED ACTION OR MOTION: Staff makes no statement of recommendation regarding the proposed amendments. STAFF CONTACT: Micki Harnois—Planner ATTACHMENTS: A. Staff Report and Findings CTA-2017-0001 B. Proposed amendments to SVMC Chapter 19.78 C. Proposed amendment to SVMC 19.65.020 D. Proposed amendment to SVMC Appendix A C. Presentation CITY OF SPOKANE VALLEY Sp"nokane PLANNING DIVISION lle STAFF REPORT AND RECOMMENDATION TO THE PLANNING COMMISSION CTA-2017-0001 STAFF REPORT DATE:May 17,2017 HEARING DATE AND LOCATION: May 25, 2017, 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 City initiated code text amendment to the SVMC 19.65.020 to remove agriculture and animal keeping regulations and create Chapter 19.78 Urban Farming and Animal Keeping. APPROVAL CRITERIA: Spokane Valley Comprehensive Plan, Spokane Valley Municipal Code (SVMC) Title 17 General Provisions, and SVMC 19.30.040 Development regulation text amendments.. SUMMARY OF RECOMMENDATION: The Planning Division staff makes no statement of recommendation regarding the proposed amendments. STAFF PLANNER:Micki Harnois,Planner ATTACHMENTS: Exhibit 1: Proposed code text amendments to SVMC Chapter 19.78 Exhibit 2: Proposed code text amendments to SVMC 19.65.020 Exhibit 3: Proposed code text amendments to SVMC Appendix A A. BACKGROUND INFORMATION 1. APPLICATION PROCESSING: SVMC Chapter 17.80, Permit Processing Procedures. The following summarizes application procedures for the proposal. Process Date Published Notice of Public Hearing: May 5,2017 and May 19,2017 Sent Notice of Public Hearing to staff/agencies: May 15,2017 DNS issued May 12,2017 2. PROPOSAL BACKGROUND: On March 25,2003 the City of Spokane Valley City Council approved Ordinance No. 53 adopting the City's first interim development regulations which were portions of the Spokane County Zoning Code. This included"Animal Raising and/or Keeping standards in residential zones. In 2007 the City adopted Ordinance 07-015 that provided regulations for animal keeping on large lots. In 2011 the City Council adopted Ordinance 11-004 to allow chickens in residential areas and Ordinance 11-006 to allowi the keeping of livestock in Staff Report and Recommendation CTA-2017-0001 Mixed Use zoning districts. In 2015 the City adopted Ordinance 15-010 establishing regulations for hobby beekeeping.Urban farming and animal keeping is becoming quite popular. City staff receives inquiries regarding hobby farming and animal keeping on a regular basis which has led to this review of our current regulations. There is an interest in the keeping of smaller domestic animals such as pygmy goats and pot-bellied pigs on smaller residential lots.The ability to sell home grown produce at one's residence is also another item of interest in Urban farming. The proposal is to modify Spokane Valley Municipal Code (SVMC) Chapter 19.65 and create Chapter 19.78.New regulations will encourage community gardens and residential produce sales. The changes to the existing animal raising and keeping regulations include: • Allowing large domestic animals only on 40,000 square feet or greater lots. • Allowing small domestic animals in all residential zones and in any mixed use zone that permits residential uses.No minimum lot size is required. • Allowing one small domestic animal or fowl per 1,000 square feet of lot area. • Allowing one small livestock per 2,500 square feet of lot area. • Requirements for animal enclosures as well as the associated setbacks • Allowing a maximum of one chicken per 1,000 gross square feet of lot area with a maximum of 25 birds allowed. • Requiring that bee colonies shall be maintained in movable-frame hives with adequate space and management techniques to prevent overcrowding and swarming. These proposed revisions align with the City of Spokane animal raising and keeping standards. B. FINDINGS AND CONCLUSIONS SPECIFIC TO THE MUNICIPAL CODE TEXT AMENDMENT 1. Compliance with Title 17 (General Provisions) of the Spokane Valley Municipal Code a. Findings: SVMC 17.80.150(F)Municipal Code Text Amendment Approval Criteria i. The City may approve Municipal Code Text amendment,if it finds that (1) The proposed text amendment is consistent with the applicable provisions of the Comprehensive Plan; Staff Analysis: The proposed amendment is consistent with the applicable goals and policies of the Comprehensive Plan. The amendment will allow reasonable opportunity for urban agricultural activities while protecting adjacent property owners from adverse impact, does not affect the character of the neighborhood, and maintains a flexible and consistent regulatory environment. Relevant Comprehensive Plan goals and policies are shown below: Land Use Policy-6 Support neighborhood efforts to sustainably cultivate produce. Economic Development Policy-11 Enable the creation and retention of home-based businesses that are consistent with the neighborhood character. The proposed amendment bears a substantial relation to public health, safety, welfare,and protection of the environment; Staff Analysis: The amendment bears substantial relation to public health, safety, welfare and protection of the environment. The proposed amendment establishes regulations that will reasonably protect adjacent property owners from adverse impacts of urban farming and animal raising and keeping activities. Page 2 of 3 Staff Report and Recommendation CTA-2017-0001 b. Conclusion(s): The proposed text amendment is consistent with the approval criteria contained in the SVMC. 2. Finding and Conclusions Specific to Public Comments a. Findings: Two public comments have been received to date.They are as follows: NAME ADDRESS COMMENT SUMMARY Brian Cook 1517 E 11th Avenue OK with allowing medium animals on smaller lots. Wants Spokane Valley,WA 99037 to keep the current requirements for large animal keeping including the one acre minimum lot area requirement Suggested matching the City of Spokane animal raising and keeping codes b. Conclusion(s): Adequate public noticing was completed for CTA-2017-0001 consistent with adopted public noticing procedures. 3. Finding and Conclusions Specific to Agency Comments a. Findings: The draft regulations were sent to staff for their review. Their suggested revisions are incorporated in the draft regulations. b. Conclusion(s): No concerns are noted. C. OVERALL CONCLUSION The proposed code text amendment is consistent with the Comprehensive Plans policies and goals. Page 3 of 3 DRAFT Chapter 19.60 PERMITTED USES Sections: 19.60.010 General. 19.60.020 Use categories. 19.60.030 Uses not listed. 19.60.040 Explanation of table abbreviations. 19.60.050 Permitted uses matrix. 19.60.050 Permitted uses matrix. Parks and Residential Mixed Use Commercial Industrial Open Space R-1 R-2 R-3 MFR MU CMU NC RC IMU I POS Agriculture and Animal Animal processing/handling P Animal raising and/or keeping S S S S S S Animal shelter S P P Beekeeping,commercial P Beekeeping,hobby S S S Community garden S S S S S S S Greenhouse/nursery,commercial P P P Kennel S S S S P P Orchard,tree farming,commercial P P Residential Produce Sales Riding stable P P C Chapter 19.60 Permitted Use 1 DRAFT SVMC Chapter 19.65.020 Agriculture and aAnimal Shelters and Kennels. A.Animal Raising and/or Kccping. Where permitted, thc keeping of poultry and livestock, excluding swine and chickens, is subject to thc following conditions: 1. Minimum Lot Requirements. a. In residential zones, the lot shall equal or exceed one gross acre in area, except as set forth in SVMC 19.65.020(A)(7) and (9). b. In mixed use zones with legally established residential uscs, the lot shall equal or exceed one gross, acre in ar a. 2.The keeping of swine is prohibited. 3.Any permanent or temporary structure housing poultry or livestock including, but not limited to, any stable, paddock, yard, runway, pen, coop, hutch, or enclosure, or any manure pile, shall not be located within 75 feet from any dwelling. 1. Permanent or temporary structure housing poultry or livestock including, but not limited to, any stable, paddock, yard, runway, pen, coop, hutch, 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. 5.The keeping of animals and livestock is limited as follows: a. Not more than three horses, mules, donkeys, bovines, llamas, or alpacas shall be permitted per gross acre; or b. Not more than six sheep or goats shall be permitted per gross acre; or c.Any equivalent combination of SVMC 19.65.020(A)(5)(a) or(b). 6. Small Animals/Fowl. A maximum of one small animal or fowl (excluding chickens), including duck, turkey, goose, or similar domesticated fowl, or rabbit, mink, chinchilla, or similar animal, may be raised or kept per 3,000 square feet of gross lot ar a. In addition, a pen, shed, coop, hutch, or similar containment structure shall be constructed prior to the acquisition of any small animal/fowl and shall be kept a minimum of 20 feet from the front property line and five feet from side and r ar property lines. 7. In residential ar as, the keeping of chickens is subject to the following conditions: a. A maximum of one chicken may be raised or kept per 2,000 gross square feet of lot ar a,with a maximum of 25 birds allowed; b. The keeping of roosters is prohibited; c. 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; Chapter 19.65.020 Animal Shelters and Kennels Page 1 DRAFT d. Pcns, coops, hutches, or similar containment structures shall bc kept a minimum of 25 feet from dwellings on neighboring propel-tics; and c. All chickens shall bc contained within the subject property. ar as shall be kept in a cl an and sanitary condition. 9. In residential ar as, hobby beekeeping is subject to the following conditions: a. The number of beehives shall be limited to one beehive per11,356 gross square feet of lot ar a; b. Beehives shall be set back a minimum of five feet from a side or r ar property line and 20 feet from the front property line; c.A flyaway barrier shall be provided that is at I ast six feet high and consists of a solid wall, solid fencing material, dense vegetation, or combination thereof, that is parallel to the side or r ar property line(s) and extends beyond the beehive(s) in ach direction that bees arc forced to fly at an elevation of at I ast six feet above ground level over the property lines in the vicinity of the beehives; d. Beekeepers shall maintain an adequate supply of water for bees located close to the hives; and e. The beekeeper shall be certified by the Washington State Beekeeper's Association. B. Animal Shelter. In the CMU zone, animal shelters shall comply with the following conditions: 1. Not have outside runs; 2. Provide human supervision in any outdoor areas; 3. Be located along an arterial; and 4. Demonstrate compliance with noise standards for a commercial noise source as identified by WAC 173-60-040. C. Community Garden. Produce may be sold pursuant to RCW 36.71.090 as adopted or amended. D. Kennels, Doggie Day Care Facilities, and Kennels Associated with Veterinarian Clinics. Where permitted in commercial and mixed-use zones, these uses shall comply with the following conditions: 1. Not have outside runs or areas; 2. Provide adequate soundproofing for structures housing animals pursuant to Chapter 173-60 WAC; 3. Provide one parking space for every 10 animal confinement areas; and 4. Demonstrate compliance with noise standards for a commercial noise source as identified by WAC 173-60-040. (Ord. 16-018§ 6 (Att. B), 2016). Chapter 19.65.020 Animal Shelters and Kennels Page 2 DRAFT Chapter 19.78 URBAN FARMING AND ANIMAL KEEPING Sections: 19.78.010 Purpose. 19.78.020 Urban farming. 19.78.030 Large Domestic Animal Raising and/or Keeping. 19.78.040 Keeping of Small Domestic Animals. 19.78.060 Hobby Beekeeping. Definitions (To be moved to Appendix A) 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. Chapter 19.78 Urban Farming And Animal Keeping Regulations Page 1 DRAFT 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. Chapter 19.78 Urban Farming And Animal Keeping Regulations Page 2 DRAFT 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: Chapter 19.78 Urban Farming And Animal Keeping Regulations Page 3 DRAFT 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 1,000 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. Chapter 19.78 Urban Farming And Animal Keeping Regulations Page 4 s11ol \4mmmlI5111 jUalleyA Planning Commission Meeting Public Hearing CTA-2017-0001 Urban Farming and Animal Keeping Regulations May 25, 2017 Urban Agriculture and Animal Keeping Background 2 March 21 , 2017 Council Presentation Concluded Spokane's Regulations were notable Council Directed Staff to Begin Review of regulations April 1 3, 2017 Planning Commission Presentation May 11 , 2017 Planning Commission Study Session Discussion of draft regulations Current City Regulations Keeping of poultry and livestock - residential and mixed use zones 1 acre minimum excluding chickens and bees - Swine are prohibited - Structures housing poultry or livestock (stables, yard, runway, pen, coop, hutch, enclosure, manure piles)shall not be located within 75 feet from any dwelling - Structures, pastures and grazing areas shall be kept sanitary Current City Re ulations cont. Small Animals/Fowl - 1 small animal or fowl/3,000 sq. ft. Max. allowed (excluding chickens) including duck, turkey, goose or similar domesticated fowl, rabbit, mink, chinchilla, or similar animal - Pen, shed, coop, hutch, etc. shall be constructed prior to acquisition of any small animal fowl - Structure shall be kept a minimum of 20 feet from the front property line and 5 feet from the side and rear property lines. Current City Re ulations cont Keeping of chickens in residential areas 1 chicken/2,000 gross sq. ft of lot area; 25 birds max allowed - Roosters prohibited - Pens, coops, hutches, etc. shall be a minimum of 20 feet from the front property line, 5 feet from side and rear property line and 25 feet from dwellings on neighboring properties - All chickens shall be contained on the property Current City Re ulations cont Hobby keeping in residential areas - 1 beehive/ 4,356 gross sq.ft. of lot area allowed - Setback of hives: 5 ft. min. from a side and rear property line; 20 feet from the front property line Flyaway barrier required - 6' high min (solid wall or fence, dense vegetation, or a combination thereof; be parallel to the side or rear property line and extend beyond the hives in each direction Water supply close to the hives required - Washington State Beekeeper's Certification required Draft Definitions - Appendix A Agricultural products: Fruits, vegetables, horticultural and floricultural products but shall exclude animals and animal products with the exception of eggs from fowl. Community garden: An area that contains raised planting beds or gardens for agricultural products, other than eggs that are used by citizens for profit or non-profit use. Residential Produce sales: A residential use engaged in the retail sales of fresh agricultural products grown on the site. DRAFT Permitted Uses - Chapter 19.60.050 r Parks niid Residential Mimed":se Cammercial Inclusti-ial men Space R-1 R-I' R-3- 1LFR 3.FL- C' JL" NC RC LltIL- I PCIS NrieuJ(tire xrid.u..irllxl . ni nial pro ccaanig handling F IAriirri.41 r litirit aril lir l'. I1IIrs :4- S. 5 Animal shelter S P F lELel;ccpLng. cotzzrx1crnal F Beeke wing, ho}ab ° S c {}rnr1111n1t5•garden k• w• 4' w• S• Ore.iihoua warner., c enuxztrcia1 P P I} Ftiern- 1 S S S S P P Ob.:hard..tree fanning, ccanine rcia1 P r F.t.it1CL11.111 P1UJU: `S11_= a 3 S a F du1r _t able F F C 19.65.020 Agriculture and animal Draft r Remove Regulations will 0 19.65.020 Agriculture and animal, be removed from Section A. Animal Raising and/or Chapter Keeping 19.65.020 and Section C. Community Garden. Produ • Established in may be sold pursuant to RCW Chapter 19.78 36•/ "Q( ' • • • Urban Farming ❑ 19.65.020 Renamed Animal Shelter and Animal and Kennels Keeping Draft Community Garden 19 .78 .020. A Standards 1 a. Operating rules are required 1 d. Accessory structures must meet 1 b. Water and fertilizer can't drain onto required adjacent properties setbacks or not be located within 1 c. Accessory structures may include the front yard or any public or residential greenhouses, tool houses, private easement. garden sheds, and other structures for 1 e. Ag products grown may be sold the garden consistent with SVMC off-site if proceeds are used by non- 19.65. 130(A) (lot coverage) and profit organizations. SVMC 24.40 (Building Code) 1 f. No marijuana grown allowed to be grown or sold Draft Residential Produce Sales 19.78 .020. B Standards 11 � . Open air temporary structure(s) limited to 500 sq. ft. total floor area 2. Hours - 7:00am to 7:00pm; 7 days a week. 3. Structure Setbacks: no closer than 10' to the front lot line 5' to the rear or side lot line. 4. Produce must be displayed or stored overnight in a clean, completely enclosed rodent-proof structure 5. Garbage and refuse must be in tightly covered watertight containers and disposed of daily 6. One A-frame sign allowed - Must meet sign regulations. 7. Pursuant to RCW 36.71 .090 a Washington State or city business license is not required. 8. Marijuana and marihuana-related products may not be sold Draft Large Domestic Animals 19 .78 . 030. 13 imi. in in Large Domestic Animals Include 1 . Horses, donkeys, burros, 3. Bovines under 10 months llamas, alpacas, bovines, goats, sheep, swine and other in age animals or livestock of similar 4. Sheep, goats and swine size and type. under three months in age 2. Young of horses, mules, are not included when donkeys, burros, and llamas counting large domestic under one year in age. animals. Draft Large Domestic Animals 19.78.030.E Standards 2. Animals kept in a secure structure, enclosure or fenced area or be controlled by a harness or restraining device Barbed wire fences may be used to confine animals if on a minimum 40,000 square feet lot Barbed wire shall not project beyond property line or into public ROW s. Electric fences may be used if they meet the City's fencing standards Draft Small Domestic Animals 1 9.78.040. B Standards Small Domestic Animals Include 3. Small livestock are defined as: 1 . Fowl including guinea hens, - swine- including pot-bellied geese, ducks, turkeys, pigeons, pigs, other small pig breeds etc; - all breeds of goats and sheep except mature large 2. Mink, chinchilla, gnawing meat breeds animals, etc.; and - Shall not exceed 36" shoulder height or 150 lbs Draft Small Domestic Animal Regs 19.78.040.0 Standards n Animal Ratios o Other standards 1 a. 1 animal or fowl/ 1 ,000 4. Peacocks allowed on sf of lot area 40,000 square feet or 1 b. 1 small livestock/2,500 larger sf of lot area 5. Males descented and/or neutered Draft Animal Enclosure Standards 19.78.040.0 6. Animal Enclosure Setbacks 20' from front property line; 5' from side and rear property lines. 7. Animal Enclosure: a. Enclosures allowed on a lot that contains a primary residential structure or on an adjacent lot when the two lots are occupied by the same owner. b. Animals shall be kept in a secure structure, enclosure, fenced lot, or otherwise controlled with an appropriate harness or restraining device Draft Chicken and Beekeeping Standards Chicken Regulations -19.78.050.B Hobby Beekeeping - 19.78.060.B • 1 chicken/ 1 ,000 sq. ft. All o Colonies shall be of lot area, with a other maintained in maximum of 25 birds movable-frame hives No Bee Keeping regs with adequate space Certification remain and management the techniques to prevent overcrowding and same swarming Discussion and Questions CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: May 25, 2017 Item: Check all that apply ❑ old business ® new business ❑ public hearing ❑ information ® study session ❑ pending legislation FILE NUMBER: CTA-2017-0002 AGENDA ITEM TITLE: Study session-Amendment to the Spokane Valley Municipal Code (SVMC) DESCRIPTION OF PROPOSAL: A text amendment to SVMC 19.40.030 and 19.65.130 to allow shipping containers to be used for storage in residential and mixed use zones GOVERNING LEGISLATION: SVMC 17.80.150 and 19.30.040; and RCW 36.70A.106 BACKGROUND: Since 2009 the City has not allowed shipping containers, or any similar structures, in residential zones. A citizen request to reuse a shipping container for personal storage in a residential zone led to a review of the City's regulations with the City Council at the March 21, 2017 meeting. A review of regional shipping container regulations noted that both Spokane County and the City of Spokane allowed shipping containers to be used as accessory structures in residential zones. City Council directed the Planning Commission to consider the issue and develop appropriate regulations. Staff has developed draft regulations that would allow shipping containers to be utilized as accessory structures in residential zones and in mixed use zones where a residential use is established. The draft regulations will be presented to the Commission for discussion. 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 June 8, 2017. STAFF CONTACT: Marty Palaniuk, Planner ATTACHMENTS: 1. Draft SVMC 19.40.030 2. Draft 19.65.130 3. Draft Appendix A—Definitions 4. Presentation RPCA Study Session for CTA-2017-0001 Page 1 of 1 DRAFT 19.40.030 Development standards—Accessory dwelling units. A. Site. 1.An ADU may be developed in conjunction with either an existing or new primary dwelling unit; 2.One ADU,attached or detached,is allowed per lot;and 3.One off-street parking space for the ADU is required in addition to the off-street parking required for the primary dwelling unit. B.Building. 1.The ADU shall be designed to meet the appearance of a single-family residence and shall be the same or visually match the primary dwelling unit in the type,size,and placement of the following: a.Exterior finish materials; b.Roof pitch; c.Trim;and d.Windows,in proportion(relationship of width to height)and orientation(horizontal or vertical); 2.The entrance to an attached 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.Only one entrance may be located on the facade of the primary dwelling unit in order to maintain the appearance of a single-family residence; 3.The ADU shall not exceed 50 percent of the habitable square footage of the primary dwelling unit,nor be less than 300 square feet; 4.The footprint of the ADU shall not exceed 10 percent of the lot area or 1,000 square feet,whichever is greater;and 5.The ADU unit shall not have more than two bedrooms. C.Additional Development Standards for ADUs. 1.ADUs shall be located behind the front building setback line and placed on a permanent foundation; 2.ADUs shall preserve all side yard and rear yard setbacks for a dwelling unit pursuant to Table 19.70-1; 3.ADUs shall not be allowed on lots containing a duplex,multifamily dwelling,or accessory apartment contained within the principal structure;and 4.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.Other. 1.The owner,as established by the titleholder,shall occupy either the primary dwelling unit or the ADU as their permanent residence for six months or more of the calendar year and at no time receive rent for the owner-occupied unit.The application for the ADU shall include a letter from the owner affirming that one legal titleholder lives in either unit,meeting the requirement of owner occupancy. 2.Prior to issuance of occupancy,a deed restriction shall be recorded with the Spokane County auditor to indicate the presence of an ADU,the requirement of owner occupancy,and other standards for maintaining the unit as described in the SVMC. Chapter 19.40.030 Development Standards—Accessory Dwelling Units Page 1 DRAFT 3.Home businesses are prohibited in the ADU. 4.Approval of an ADU may be revoked if the ADU is no longer in compliance with the development standards and criteria outlined in the SVMC. 5.The owner may cancel an ADU's registration by filing a letter with Spokane County auditor.The ADU may also be cancelled as a result of an enforcement action. 6.Cargo shipping containers and similar enclosures are not a permitted accessory structure in any residential zoning district.(Ord. 16-018 §6(Att.B),2016). Chapter 19.40.030 Development Standards—Accessory Dwelling Units Page 2 DRAFT 19.65.130 Residential. A.Accessory Structures.The combined building footprint of all accessory permanent structures in residential zoning districts shall be: 1.Up to 1,000 square feet for parcels up to 10,000 square feet in size;or 2.Up to 10 percent of the lot size for parcels greater than 10,000 square feet in size. 3. Shipping containers may be used as accessory structures provided that: a.All requirements,permits and approvals of Title 19 SVMC pertaining to accessory structures shall apply, including but not limited to setbacks,lot coverage and paving; b.Permits and approvals of Title 24 SVMC pertaining to structures shall apply if the shipping container is used or altered for any residential or habitable use,but shall not apply to non-habitable uses such as storage,workshops,or other similar type of use; c. Shipping containers shall be placed on a level concrete or asphalt surface; d. Shipping containers shall not be stacked; e.Shipping containers may be used as an accessory structure on a lot in a mixed use zone only if a legally established residential use exists;_ f. Shipping containers shall only be allowed as an appurtenance to the primary use; g. Shipping containers shall be painted to match or compliment the primary color of the residence if the container is visible from abutting rights-of-way or adjoining lots; h. Shipping containers shall not be located between the residence and front property line. B.Dwelling,Accessory Units.Accessory dwelling units shall comply with the provisions of Chapter 19.40 SVMC, Alternative Residential Development Options. C.Dwelling,Caretaker's Residence.A caretaker's residence is limited to custodial,maintenance,management,or security of a commercial property and is only allowed accessory to another permitted use on site. D.Dwelling,Cottages.Cottages shall comply with the provisions of Chapter 19.40 SVMC,Alternative Residential Development Options. E.Dwelling,Duplex.Duplex dwelling units shall comply with the provisions of Chapter 19.40 SVMC,Alternative Residential Development Options. F.Dwelling,Industrial Accessory Dwelling Units.Industrial accessory dwelling units shall comply with the provisions of Chapter 19.40 SVMC,Alternative Residential Development Options. G.Dwelling,Townhouse.Townhouse dwelling units shall comply with the provisions of Chapter 19.40 SVMC, Alternative Residential Development Options. H.Manufactured Homes on Individual Lots.Manufactured homes on individual lots shall comply with the provisions of Chapter 19.40 SVMC,Alternative Residential Development Options. I.Manufactured Home Park.Manufactured home parks shall comply with the provisions of Chapter 19.40 SVMC, Alternative Residential Development Options. J.Recreational Vehicles. 1.Recreational vehicles shall not be used as permanent or temporary dwelling units in any residential zone, except as permitted pursuant to Chapter 19.40 SVMC; Chapter 19.65.130 Residential Accessory Structures Page 1 DRAFT 2.A recreational vehicle shall not be parked within a required front yard setback for more than 15 consecutive days and not more than 30 days cumulative in any 12 consecutive months;and 3.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. (Ord. 16-018 § 6(Att.B), 2016). Chapter 19.65.130 Residential Accessory Structures Page 2 Spokane Valley Municipal Code Page 1/1 APPENDIX A DEFINITIONS APPENDIX A DEFINITIONS Container, Shipping: A standardized,reusable unit that is or appears to be: (1)Originally, specifically or formerly designed for or used in the packing, shipping,movement or transportation of freight, articles,goods or commodities; and/or (2)Designed for or capable of being mounted or moved on a rail car; and/or (3)Designed for or capable of being mounted on a chassis or bogie for movement by truck trailer or loaded on a ship. The Spokane Valley Municipal Code is current through Ordinance No. 17-006,passed May 9,2017. Spokane Valley Planning Commission Meeting May 25, 2017 CTA-2017-0002 Shipping Container Amendment Study Session Shippingontafis pnerDescri tion 1- I ...-...--........-- , .._____ A large standardized shipping container, designed Irv- __......_�. , ' ' mI+ll and built for intermodal freight transport (ship to �,,{ °; rail to truck). " Y- ` Most containers are general purpose containers kiiiiii:L._ 1J Closed steel boxes :- a Mostly 20' or 40' standard length 1 ]--` s -� _ a 8' standard width m K Common heights - 8'6" and 9'6" 1 � EA,AN - -i �] MAERSK -..- _-_--=--..::-_,--_H-,_•_ v Common names: cargo freight ISO g j� •.., ERfiK ^ ➢ o shipping, sea, ocean, container van, - \�1 � : �` sea or "C" can Current SVMC Regulations 9 Shipping Containers Prohibited in Residential Zones 19.40.030.D.6. Develo • ment Standards — Accessory Dwelling •� I its. Cargo shipping containers and similar enclosures a Draft ( 19.65 . 130) . . _ 3. Shipping containers may be used as accessory structures provided that: a. All requirements, permits and approvals of Title 19 SVMC pertaining to accessory structures shall apply, including but not limited to setbacks, lot coverage and paving; b. Permits and approvals of Title 24 SVMC pertaining to structures shall apply if the shipping container is used for any residential or inhabitable use, but shall not apply to non- inhabitable uses such as storage, workshops, or other similar type of use; c. Shipping containers shall be placed on a level concrete or asphalt surface; d. Shipping containers shall not be stacked; e. Shipping containers may be used as an accessory structure on a lot in a mixed use zone only if a legally established residential use exists; f. Shipping containers shall only be allowed as an appurtenance to the primary use; g. Shipping containers shall be painted to match or compliment the primary color of the residence if the container is visible from abutting rights-of-way or adjoining lots; h. Shipping containers shall not be located between a building and front property line. Permitted Zones Allowed by Draft Regulations Parks and Open Residential Mixed Use Commercial Industrial Space R-1 R-2 R-3 I MFR MU CMS! NC RC IIIILI I P05 1 Lr I1 4.,I F YY 11 1 4 i L4.I A'LJ 11 I' sdU :i151'L 4J° 'tJ 4.J J Residential Shipping Containers would be allowed in residential and Currently allowed mixed use zones as accessory in commercial and structures subject to conditions. industrial zones. Treated Accessory as 6 o a. All requirements, permits and approvals of Title 19 SVMC pertaining to accessory structures shall apply, including but not limited to setbacks, lot coverage and paving; Setbacks are: 5' from rear or side property line, and not located within the front yard or any public or private easement. Lot Coverage: 30% to 60% (Zone dependent) Paving: Required if used as a garagesr* _ — a .I'.; I i I II' Building Permits 7 h Buildin o b. Permits and approvals of Title 24 SVMC g pertaining to structures shall apply if thePermits only required for shipping container is used for any residential habitable or inhabitable use, but shall not apply to non- uses. inhabitable uses such as storage, workshops, or other similar type of use; 1 � t %fes. :_ , L - _ _ __- _-- i . u ,� .,,.\Y_II%i' maraiii. _` �' 7, r' l -.•. SHIPPING ` li Ii �I, fi�� CONTAINER III (lp,; ,f 'WORKSHOP_ ,..-,mr..-- ; t , __: / \±\_ _644_ . , , __ ._ Placement Requirements 8 ❑ Shipping containers shall be placed on a level concrete or asphalt surface; * -1 .;,‘,44,b, !„44,-, ,_- • 11. . -. T F ., wawa , ly l. , i � I r l .- -7_7 1:- .:. y Placement Criteria mompi Till Shipping containers shall not be stacked ; , 0 • ....t\I . , ... ... - I r. -... ..„ . . 7", I 1= e... • , II • - _ ------•'-'-'=------- , _-,_____-------__ 1 • 1 : ----_ ----,- w=== si I - 1 IL ... •• • •• ......= , I 7-7 1101,,,, •-..:1_,, - _ . . .„-- iheamollom ,. . _ I II . 7,.An I ' .. ' I , 0..4 • 7'. ----- V ' ..--ri F ir .... ' 1 m 1 r.,,, , N 4 ' 1-17 , 't I , , -Li , . g .._ ..„.1 . • , { 101 ' - ._ , , --••• 1 k,:: 1 C . ' „.. , , Hi, ..________„JII i ____----- ir , , , ,1 ‘ ,,_____ ......,.... q.................. - = 1 11 il 1104 / ' I —I i ill , Ill '1 '=-- 1111 ''l' 11111111aillar.- 4..."..""."4"4-LeN ---"i'e ... 1 - Allowed onl as accessorystructure y e. May be used as an accessory,. _iiim._.,11 "'�°` ,, , Il--.-- structure on a lot in a mixed use al zone only if a legally established - r . residential use exists; Yia jilt i f. Only allowed as an -v_ Amin ?i appurtenance to the primary use; - F _, Not Allowed on Vacant i'-f- AP ' -- ' _ 1 ilL Lot — No Primary Use Residentialg. ipping containers 40110 ' shall be painted to elk. , match or compliment the primary color of _. the residence if the NuIpc17 '11 container is visible from abutting rights- r,, ; I -- of-way or adjoining : lots; Placement Criteria __,IL., ___ _ Shipping containers °z,,, , -, _ . 'A °i)A ,�',JYp shall not be located A. ; i _ 410 between a building and front property line. ,,‘ iiii na_itk • I� Not Allowed 13 Q U ESTI 0 N S .?,„.. , __, ..... ......, .... ...., ...., . .„.... , , „..., — — _— NU mom m 7151 9,6„ 1 111111 6�IIIII am 1. 1 i. I t i i N. � ,fes X40'