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Agenda 06/08/2017 S11 'ane Valle Y Spokane Valley Planning Commission Regular Meeting Agenda City Hall Council Chambers, 11707 E. Sprague Ave. June 8, 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 25, 2017 VI. COMMISSION REPORTS VII. ADMINISTRATIVE REPORT VIII. PUBLIC COMMENT: On any subject which is not on the agenda. IX. COMMISSION BUSINESS: i. Findings of Fact: CTA-2017-0001, A proposed amendment to the Spokane Valley Municipal Code regarding Urban Farming and Animal Keeping ii. Public Hearing: 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 25,2017 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 Cary Driskell,City Attorney James Johnson Lori Barlow, Senior Planner Tim Kelley,arrived at 6:18 p.m. Micki Harnois,Planner Mike Phillips Marty Palaniuk,Planner Michelle Rasmussen Jenny Nickerson,Asst.Building Official Suzanne Stathos Matt Walton Deanna Horton, Secretary for the Commission Hearing no objections Commissioner Kelley was excused from the meeting; however, he arrived late and joined the meeting immediately. II. AGENDA: Commissioner Johnson moved to accept the May 25, 2017 agenda as presented. The vote on the motion was six in favor, zero against and the motion passed. III. MINUTES: Commissioner Johnson moved to approve the May 11, 2017 minutes as presented. The vote to approve the motion was six in favor, zero against, the motion passes. IV. COMMISSION REPORTS: Commissioner Rasmussen reported she attended the ribbon cutting of the new transit line,which is going to run out in the Valley. The other commissioners had nothing to report. V. ADMINISTRATIVE REPORT: There was no administrative report. VI. PUBLIC COMMENT: There was no public comment. VII. COMMISSION BUSINESS: a) Public Hearing: CTA-2017-0001 — Proposed changes to Spokane Valley Municipal Code (SVMC)19.65.020,19.78 Urban Farming and Animal Keeping,and other associated changes: Chair Graham opened the public hearing at 6:09 p.m. Planner Micki Harnois gave the Commission a presentation reviewing the proposed amendments to SVMC 19.65, 19.78, the additions to the permitted use matrix and Appendix A, Definitions. Ms. Harnois explained the current regulations.Then she explained the proposed changes to the regulations. • The large and medium animal keeping, along with the community garden section,will be struck from SVMC 19.65. • Animal shelters and kennels would remain in SVMC 19.65. • Return the allowable lot size for large animals from one acre, to 40,000 square feet to be in line with the R-1 zoning. • New language for animal keeping and urban gardening will be placed in a new section of the municipal code as SVMC 19.78 Urban Farming and Animal Keeping. • Three new definitions are proposed for Appendix A, Definitions: agricultural products, community garden and residential produce sales. • Animal categories are divided into large and small animals. • Large animal keeping would be allowed in all residential zones on lots equal to or greater than 40,000 square feet, or in mixed-use zones on lots which have a legally established residential use. 2017-03-23 Planning Commission Minutes Page 2 of 3 • Residential Produce Sales will be added to the Permitted Use Matrix t to allow for the sales of produce grown in home gardens in Residential and Mixed Use zones. • Chicken ratios will be changed from one bird per 2,000 square foot to one bird per 1,000 square feet. • Beekeeping regulations will be changed to require moveable framed hives, and no beekeeping certification will be required. Chair Graham then opened the hearing for public testimony Bryan Cook,15717 E 11th Ave.:Mr.Cook stated he had heard the City was going to copy the City of Spokane animal keeping regulations. He was concerned because Spokane regulated animal keeping to certain zones of their city, which he felt was discriminatory. He did not want to see Spokane Valley use the same type of zoning practice when allowing animals in the City. He was able to see this was not how animals were going to be regulated, and was fine with the rest of the regulations. Chair Graham seeing no one else who wished to testify closed the public hearing at 6:39 p.m. The Commission began deliberations with discussions of the beekeeper's certification. Staff noted the requirement was removed because it would not be enforceable except at the time of an enforcement case. Commissioners noted when they reviewed the beekeeping regulations in 2015 the beekeeper's association members said it helps to train new beekeepers. It was noted it was helpful in assisting code enforcement cases as well. Commissioner Walton stated when he suggested the moveable frame hives this was also to foster proper beekeeping habits. Commissioner Kelley stated he felt bees should be restricted to a 40,000 square foot lot. The Commission members noted they would like to have the beekeeper certification requirement returned to the regulations. Commissioner Johnson clarified that community gardens definition needed to be refined to say, "contains raised planting beds and/or gardens." There need to be an 'and/added between beds and or so it is not so restrictive. The rest of the Commissioners agreed with this clarification. Commissioner Stathos clarified the intent was not to have the structure housing the animals be 75 feet from any primary residence and have any fenced area containing the animals which they may roam in also be 75 feet from any residential structure. In order to clarify this in the language the Commission determined they would remove the word "yard" from the list, located in 19.78.030(D)(1). Ms. Harnois commented in the listing of items in 19.78.030(D)(1) is the word `runway',which by definition in the SVMC is an airport runway,should also be changed to a'run' which is a confinement for animals. The Commissioners agreed with this change as well. The Commissioners had discussion regarding allowing animals, chickens, or bees in other zones where they were not being proposed. The concern was not restricting people who, through time, have had their property rezoned but still lived in the same home being allowed the same rights to have animals. The Commission agreed to allow animal uses, as appropriate, on any legally established primary residential use. The Commission raised concerns regarding the upkeep of structures needed to maintain and house animals. If the structures are not maintained, disrepair could harm the animals and allow them to roam free of enclosures. After discussion,the Commissioners agreed to add adequate maintenance and upkeep of structures housing animals in order to protect them and contain them. Commissioner Graham moved to recommend approval of CTA-2017-0001 to the City Council with the following amendments: • Appendix A, change the definition for Community Garden by adding `and/' between the words 'beds'and'or'in order for it to read: "An area that contains raised planting beds and/or gardens for agricultural products, other than eggs, that are used by citizens for personal or non-profit use." 2017-03-23 Planning Commission Minutes Page 3 of 3 • 19.78.030 and 19.78.040, eliminate the work 'yard'and change the word `runway'to 'run'in any and all relevant sections. • 19.78.030 and 19.78.040, all relevant sections add language which will require upkeep and maintenance to structures which house or secure animals. • 19.78.060, add a requirement for a Washington State Beekeeper's Certification. • Allow animal keeping on all legally established primary residential uses, regardless of the zone. Commissioner Kelley, stated for the record, he was opposed to allowing beekeeping in next to residential homes. They cannot be contained on a person's own property like other animals and have the ability to cause harm to some individuals,if they are allergic. Commissioner Walton called for the question. The vote on this motion was seven in favor, zero against,the motion passed. The vote on the original motion was seven in favor,zero against,the motion passed. The Commission took a five-minute break. b) Study Session: CTA-2017-0002 Proposed Amendment to Spokane Valley Municipal Code (SVMC) 19.65 Supplemental Use Regulations. Planner Marty Palaniuk gave the Commission an overview of the proposed amendment to the municipal code to allow shipping containers as accessory structures in residential and mixed-use zones for non-commercial use. Shipping containers are currently not allowed in these zones. All permits and approvals pertaining to accessory structures would apply, including paving if the containers were being modified to be used as a garage. They would only be allowed as an accessory use to a primary residential use. The container must meet all setback requirements, cannot be placed between a building and the front property line, must be set on a hard surface, can't be stacked,must be painted a matching or complimentary color,and maybe used in a mixed use zone on a legally established residential use. The Commissioners clarified modifying a container would require a building permit, and at that time,then the container would be treated as a structure regulated by the building code. Ms.Barlow informed the Commissioners the public hearing is scheduled for June 8,2017. VIII. GOOD OF THE ORDER: Commissioner Kelley wanted to clarify he felt his discussion point regarding bees was in line with the deliberation on the proposed amendment. IX. ADJOURNMENT: Commissioner Johnson moved to adjourn the meeting at 8:39 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: June 8,2017 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: Findings and Recommendation — Amendment to the Spokane Valley Municipal Code DESCRIPTION OF PROPOSAL: City-initiated Code Text Amendment to Spokane Valley Municipal Code (SVMC) to eliminate Section 19.65.020 Agriculture and Animal Keeping regulations, create Chapter 19.78 with Urban Farming and Animal Keeping regulations in regard to agricultural activities and animal keeping in residential zones,and add relevant definitions. GOVERNING LEGISLATION: RCW 36.70A.106; SVMC 17.80.150 and 19.30.040 PREVIOUS ACTION TAKEN: A Public Hearing was conducted on May 25, 2017 followed by deliberations. BACKGROUND: The proposed amendments have been developed by the Planning Division in response to direction received from City Council. A study session on the proposed amendments was held May 11,2017 followed by a public hearing on May 25,2017. The Planning Commission heard public testimony from one concerned citizen. The Planning Commission voted 7-0 to recommend approval of the amendments with modifications as indicated in the attached findings. RECOMMENDED ACTION OR MOTION: Move to approve Planning Commission Findings and Recommendation to City Council. STAFF CONTACT: Micki Harnois-Planner ATTACHMENTS: A. Planning Commission's Findings and Recommendations B. Revisions to proposed amendments to SVMC Chapter 19.78 C. Revision to proposed amendment to SVMC Appendix A D. Proposed amendment to SVMC 19.65.020 E. Revision to proposed amendment to SVMC Chapter 19.60 FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING COMMISSION FOR CTA-2017-0001e June 8,2017 The following findings are consistent with the Planning Commission's decision to recommend approval. Background: 1. Spokane Valley development standards were adopted in September 2007 (Ordinance 07-015) and became effective on October 28, 2007. Pursuant to RCW 36.70A.130, the City adopted its 2016 Comprehensive Plan Update and associated development regulations on December 13, 2016, which became effective December 28,2016. 2. CTA-2017-0001 is a City initiated text amendment to amend Spokane Valley Municipal Code (SVMC) to modify SVMC 19.65.020 Agriculture and Animal Keeping regulations, create chapter 19.78 SVMC Urban Farming and Animal Keeping regulations in regard to agricultural activities and animal keeping in residential zones and amend SVMC 19.60 — Permitted Uses and Appendix A — Definitions. 3. The Planning Commission held a public hearing and conducted deliberations on May 25, 2017. The Planning Commission voted 7-0 to recommend approval as modified to City Council. Planning Commission Findings: 1. Recommended Modifications The Planning Commission recommended the following modifications and/or additional requirements to chapter 19.78 SVMC_and Appendix A: a. Modify SVMC 19.78.030(A)to allow large animal keeping in zones other than residential where a legally established primary residential use exists. 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 any other zones with a legally established primary residential use and if the lot size equals or exceeds 40,000 square feet. b. Modify SVMC 19.78.030(D)(1)to eliminate `yard"and change "runway"to "run. " Permanent or temporary structures housing large domestic animals including,but not limited to, a stable, paddock,run,pen,or enclosure,or manure pile shall not be located within 75 feet from any dwelling,whether onsite or not. c. Modify SVMC 19.78.030(D)(2)to eliminate `yard"and change "runway"to"run. " Permanent or temporary structures housing large domestic animals including,but not limited to, a stable, paddock,run,pen,or enclosure,or manure pile shall not be located within the front yard setback or be closer than 10 feet from any side property line. d. Modify SVMC 19.78.030(E)(1)to remove `yard"and change "runway"to "run"and add the requirement that structures shall be adequately maintained. Stables,paddocks,runs,pens,coops, hutches,enclosures, structures,pastures,and grazing areas shall be kept in a clean and sanitary condition.All structures shall be adequately maintained. e. Modify SVMC 19.78.040(A)to allow small animal keeping on any lot with a legally established primary residential use. 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,or on any lot with a legally established primary residential use. f. Modify SVMC 19.78.040(C)(7)(b)to add requirement that all structures shall be adequately maintained. Small domestic animals shall be kept in a secure structure,enclosure,fenced lot,or Findings and Recommendations of the Spokane Valley Planning Commission CTA-2017-0001 Page 1 of 3 otherwise controlled with an appropriate harness or restraining device capable of safely controlling the animal.All structures shall be adequately maintained. g. Modify SVMC 19.78.050(A)to allow chicken keeping on any lot with a legally established primary residential use. Where permitted. Chicken keeping is permitted in all residential zones and on any lot with a legally established primary residential use h. Modify SVMC 19.78.060(A) to allow hobby beekeeping on any lot with a legally established primary residential use.Where permitted.Hobby beekeeping is permitted in all residential zones and on any lot with a legally established primary residential use i. Modify SVMC 19.78.060(B)(6) to add beekeeper certification requirement. The beekeeper shall be certified by the Washington State Beekeeper's Association. j. Modify Appendix A—Definitions to add "and/or"to Community Garden definition: Community Garden —An area that contains raised planting beds and/or gardens for agricultural products,other than eggs,that are used by citizens for personal or non-profit use. k. Modify Chapter 19.60—Permitted Uses to add Residential Produce Sales: Residential Produce Sales is allowed in all residential and MU and CMU zones subject to conditions. 2. Compliance with SVMC 17.80.150(F)Approval Criteria a. The proposed text amendment is consistent with the applicable provisions of the Comprehensive Plan. Findings(s): i. Land Use Policy-6: Support neighborhood efforts to sustainably cultivate produce. ii. Economic Development Policy -11: Enable the creation and retention of home-based businesses that are consistent with the neighborhood character. b. The proposed amendment bears a substantial relation to public health, safety, welfare, and protection of the environment. Finding(s): The proposed amendment establishes regulations that will reasonably protect adjacent property owners from adverse impacts of urban farming and animal raising and keeping activities. 3. Conclusion(s): a. The proposed text amendment is consistent with the City's adopted Comprehensive Plan and the approval criteria contained in SVMC 17.80.150(F). b. The Growth Management Act requires that the comprehensive land use plan and development regulations shall be subject to continuing review and evaluation by the City. Recommendations: The Spokane Valley Planning Commission therefore recommends the City Council approve CTA-2017- 0001 and adopt the proposed city-initiated code text amendments to modify Section 19.65.020 Agriculture and Animal Keeping regulations, create chapter 19.78 SVMC Urban Farming and Animal Keeping regulations, and add residential produce sales to Chapter 19.60 Permitted Use Matrix and defmitions to Appendix A. Approved this 8th day of June, 2017 Findings and Recommendations of the Spokane Valley Planning Commission CTA-2017-0001 Page 2 of 3 Heather Graham, Chairman ATTEST Deanna Horton,Administrative Assistant Findings and Recommendations of the Spokane Valley Planning Commission CTA-2017-0001 Page 3 of 3 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. 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. Chapter 19.78 Urban Farming And Animal Keeping Regulations Page 1 DRAFT 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 any other zones with a legally established primary residential use and if the lot size equals or exceed 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, run, 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, run, 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, runs, pens, coops, hutches, enclosures, structures, pastures and grazing areas shall be kept in a clean and sanitary condition. All structures shall be adequately maintained. 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. Chapter 19.78 Urban Farming And Animal Keeping Regulations Page 2 DRAFT 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 residential zones and in any mixed—use zone that permits residential uses, or on any lot with a legally established primary residential use. 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). Chapter 19.78 Urban Farming And Animal Keeping Regulations Page 3 DRAFT 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. All structures shall be adequately maintained. 19.78.050 Keeping of Chickens. A. Where Permitted. Chicken keeping is permitted in all residential zones and on any lot with a legally established primary residential use. 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. Where Permitted. Hobby beekeeping is permitted in all residential zones and on any lot with a legally established primary residential use. 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. 6. The beekeeper shall be certified by the Washington State Beekeeper's Association. Chapter 19.78 Urban Farming And Animal Keeping Regulations Page 4 Spokane Valley Municipal Code Page 1/1 APPENDIX A DEFINITIONS APPENDIX A DEFINITIONS 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 and/or gardens for agricultural products, other than eggs,that are used by citizens for personal or non-profit use. Residential Produce Sales: A residential use engaged in the retail sales of fresh agricultural products grown on the site. The Spokane Valley Municipal Code is current through Ordinance No. 17-006,passed May 9,2017. 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, the keeping of poultry and livestock, excluding swine and chickens, is subject to the 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 uses, 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 CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: June 8, 2017 Item: Check all that apply: n consent n old business ® new business ® public hearing n information n admin.report n pending legislation FILE NUMBER: CTA-2017-0002 AGENDA ITEM TITLE: Public Hearing — Amendment to the Spokane Valley Municipal Code (SVMC) DESCRIPTION OF PROPOSAL: City initiated code text amendment to SVMC 19.40.030 to remove the prohibition on shipping containers, to amend SVMC 19.65.140 to allow shipping containers as an accessory structure in residential zones, and to amend SVMC Appendix A by adding a definition for shipping containers. 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 regulations related to shipping container use. The Planning Commission discussed the current and proposed regulations at the March 23 meeting and provided input on the development of the draft shipping container regulations.The Planning Commission conducted a study session on May 25,2017. At this time the Planning Commission will consider draft regulations that remove the shipping container language from Chapter 19.40 Alternative Residential Development Options and place new shipping container regulations in Chapter 19.65 Supplemental Use Regulations. Shipping container regulations have been developed to allow their use as an accessory structure to a primary residential use that includes storage and residential use. Standards have been developed to protect the health, safety and welfare of the property owner and to preserve the residential character of the neighborhood. Proposed standards for shipping containers include: • All requirements pertaining to accessory structures shall apply to shipping containers including lot coverage and setbacks. • Building permits shall be required for any residential or habitable use. • Containers shall be placed on a level concrete or asphalt surface and shall not be stacked. • May only be used in a CMU zone when a legal residential use exists. • May only be allowed as an appurtenance to the primary use. • Must be painted if visible from the abutting right-of-way or an adjoining lot. • May not be placed between the primary residence and the street. 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: Martin Palaniuk—Planner ATTACHMENTS: A. Staff Report and Findings CTA-2017-0002 B. Proposed amendments to SVMC Chapter 19.40.030 C. Proposed amendment to SVMC 19.65.140 D. Proposed amendment to SVMC Appendix A C. Presentation COMMUNITY AND PUBLIC WORKS BUILDING&PLANNING Sjökane 40,00Valley STAFF REPORT AND RECOMMENDATION TO THE PLANNING COMMISSION CTA-2017-0002 STAFF REPORT DATE:May 31,2017 HEARING DATE AND LOCATION: June 8, 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 text amendment proposing to amend Spokane Valley Municipal Code (SVMC) 19.65.130 Residential to allow the use of shipping containers as an accessory structure to a primary residential use in the residential and mixed use zones. APPROVAL CRITERIA: Spokane Valley Comprehensive Plan, Spokane Valley Municipal Code (SVMC) Title 17 General Provisions. SUMMARY OF RECOMMENDATION:Move to recommend approval of CTA-2017-0002 to City Council STAFF PLANNER:Martin Palaniuk,Planner, Community and Public Works ATTACHMENTS: Exhibit 1: Proposed text amendment to SVMC 19.65.130 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 19,2017 Sent Notice of Public Hearing to staff/agencies: May 19,2017 SEPA - Pursuant to WAC 197-11-800(19)(a) this action is exempt from SEPA review. Department of commerce 60-day Notice of Intent to May 26,2017 Adopt Amendment PROPOSAL BACKGROUND: Shipping containers are currently prohibited as an accessory structure in residential zones. They are permitted in the industrial,commercial and mixed use zones. Accessory structures such as sheds, shops,detached garages, accessory dwelling units, swimming pools,free- standing decks,pergolas,etc... are all permitted as accessory structures within the residential zones. The proposed amendment will add shipping containers to the type of structures that are allowed as an Staff Report and Recommendation CTA-2017-0002 accessory structure within residential zones. The use of accessory structures in the residential zones will not be affected by the amendment; it will add a new type of permitted structure. SVMC 19.40.030(D)(6)—Development Standards—Accessory dwelling units(ADU) states"Cargo shipping containers and similar enclosures are not a permitted accessory structure in any residential zoning district." The location of this provision within the development standards for accessory dwelling units is not ideal for addressing the use of shipping containers. The location within the SVMC leads to ambiguity as to whether the provision applies to all shipping containers throughout all residential zones or only shipping containers accessory to an ADU. The proposed amendment will address shipping containers in SVMC 19.65.140—Supplemental Use Regulations,Residential. This section of the code provides supplemental regulations that apply to residential uses and includes regulations that address accessory structures. This section is a more intuitive place within the SVMC to address the use of shipping containers as an accessory structure to a residential use. The prohibition contained in SVMC 19.40.030 will be stricken with the new purpose of allowing the use of shipping containers as an accessory structure in all residential zones. Language will be added to SVMC 19.65.130 that will permit the use of shipping containers provided they meet the criteria set forth in the language. The criteria has been crafted to protect the health, safety and welfare of the residents and to preserve the residential character of the neighborhood. The proposed amendment will require shipping containers to meet the requirements applicable to all accessory structures,to include setbacks and lot coverage requirements. If the container will be used as a habitable space then a Residential Structure permit must be obtained from the City of Spokane Valley and the provisions of SVMC Title 24 shall apply. The containers must be placed on a level concrete or paved surface and shall not be stacked. The shipping container must be painted to match or compliment the primary residence and shall not be placed between the front of the house and the street. They are only allowed if a primary residence already exists on the property. The Planning Commission conducted a study session on this amendment on May 25,2017. A public hearing is scheduled for June 8,2017. 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 supported by the Comprehensive Plan and is consistent with the following goals and policies: Land Use Goal—LU-G1: Maintain and enhance the character and quality of life in Spokane Valley Land Use Goal—LU-G2: Provide for land uses that are essential to Spokane Valley residents, employees, and visitors. Land Use Goal—LU-G4: Ensure that land use plans,regulations,review processes,and infrastructure improvements support economic growth and vitality. Page 2 of 3 Staff Report and Recommendation CTA-2017-0002 The use of shipping containers will provide residential home owners with an alternative method of securing property. The containers will provide a secure,enclosed storage space that will serve to protect personal property from damage from the elements and theft or vandalism. The containers may offer an alternative to a pole or stick-built storage building. When blended with the primary residential use the shipping containers can serve to reduce yard clutter and improve the appearance and character of the neighborhood. Other accessory structures are already allowed. The addition of a new type of accessory structure will have no impact on the adjoining property owners beyond the types of structures that are already allowed. (2) 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 shipping containers will provide secure storage for personal property and may serve to inhibit acts of property theft and vandalism. The aesthetics of the neighborhood will be improved by property owners who use the storage to reduce the personal property items stored in the open. 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: No public comments have been received to date. b. Conclusion(s): In the absence of public comments, staff makes no conclusions. 3. Finding and Conclusions Specific to Agency Comments a. Findings: No agency comments have been received to date. b. Conclusion(s): In the absence of agency comments, staff makes no conclusions. C. OVERALL CONCLUSION The proposed code text amendment is consistent with the Comprehensive Plans policies and goals. D. STAFF RECOMMENDATION The Planning Division makes no recommendation on the proposed amendment. Page 3 of 3 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 Public Hearing CTA-2017-0002 Shipping Container Amendment June 8, 2017 PROCESS ta t ., - 5 'z2 Study Session Administrative a� © •cu � May, 25-2017 Report TBD Z ^ w 5 `�' : — w W © ublic Hearin Ordinance 1St : : z ..c-e, June, 8, 2017 �, Reading TBD Ao© ago '. ci4 �, : Findings of Fact Ordinance 2nd :ICJ CI Pi Reading TBD © ILI June 22, 2017 Today Current SVMC Regulations 3 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 Shipping Container Definition a u 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 CI (2) Designed for or capable of being mounted or moved on a rail car; and/or o (3) Designed for or capable of being mounted on a chassis or bogie for movement by truck trailer or loaded on a ship. 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 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. 6 QUESTIONS I .. .V . -. . 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