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Agenda 06/22/2017 S11 'ane Valle Y Spokane Valley Planning Commission Regular Meeting Agenda City Hall Council Chambers, 11707 E. Sprague Ave. June 22, 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 08, 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-2017-0002, 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 June 8,2017 I. Chair Graham 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 Jenny Nickerson,Asst. Building Official Tim Kelley Micki Harnois,Planner Mike Phillips Marty Palaniuk,Planner Michelle Rasmussen Suzanne Stathos Matt Walton Deanna Horton, Secretary for the Commission II. AGENDA: Commissioner Johnson moved to accept the June 8, 2017 agenda as presented. The vote on the motion was seven in favor, zero against and the motion passed. III. MINUTES: Commissioner Johnson moved to approve the May 25, 2017 minutes as presented. Commissioner Kelley noted he did not feel the Good of the Order reflected the point he was trying to convey. However,he would not request a change to the minutes. Subject of the May 25 Good of the Order: Commissioner Kelley had earlier expressed his concern over allowing bees on lots less than 40,000 square feet, and it becoming a potential health hazard to community members. Commissioner Walton had called for a Point of Clarification. He inquired if the debate had strayed too far from the topic of the motion on the beekeeping. The motion on beekeeping regulation change was requiring movable framed hives and Washington State beekeepers certification. Commissioner Kelley stated he felt others discussed the general topic of beekeeping and so he gave his opinion on it,but recognized the need to return the topic of motion. The vote to approve the motion to approve the minutes was seven in favor,zero against, the motion passes. IV. COMMISSION REPORTS: The Commissioners had no reports V. ADMINISTRATIVE REPORT: There was no administrative report. VI. PUBLIC COMMENT: There was no public comment. VII. COMMISSION BUSINESS: a) Commission Findings of Fact: 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. Planner Micki Harnois presented the Commission's Findings of Fact. Ms. Harnois stated the findings represented the changes the Commission had requested after the public hearing held on May 25,2016. The Commissioners reviewed the findings and Commissioner Phillips asked if the enclosures in the amendment applied to dogs. City Attorney Cary Driskell clarified the rules for cats and dogs are different from those in the proposed amendments. Commissioner Johnson moved to approve the Planning Commission findings and recommendation to the City Council. The vote on the motion was seven in favor, zero against, the motion passed. b) Public Hearing: CTA-2017-0002, A proposed amendment to the Spokane Valley Municipal Code regarding storage containers in residential zones. Planner Marty Palaniuk gave a presentation to the Commission and audience of the proposed changes to the SVMC regarding the allowance of storage containers in residential zones. Storage containers are currently not allowed in residential zones. The proposed amendment would: • allow them as an accessory structure, 2017-03-23 Planning Commission Minutes Page 2 of 3 • restrict them to being placed on a level, solid surface of concrete or asphalt, • a building permit will be required if the container is to be altered in any way, • restrict them from being stacked • allowed as an accessory structure on legally established residential uses in mixed use zones, • allowed as an appurtenance to a primary residential use, • containers shall be painted to match or compliment the primary structure, • all requirements of Title 19 pertaining to accessory structures but not limited to setbacks, lot coverage and paving must be met,and • containers shall not be located between the residence and front property line. Commissioners clarified the reason for having a solid surface requirement is based on the weight of the container, and the desire to make sure the container is level in order to keep it from tipping over. Commissioner Stathos asked if there were many inquiries to have these storage containers. Mr. Palaniuk said the amendment was a direction from Council, so he was certain there had been an inquiry. Commissioner Walton asked about surrounding jurisdictions and the city of Spokane allows them, Spokane County and Liberty Lake do not. Commissioner Stathos clarified there are no regulating standards for the containers or any contents that are shipped in them. Mr. Driskell said there would be no way for the City to police which containers might have had hazardous chemicals since there are no regulations to enforce. Chair Graham opened the public hearing at 6:32 p.m. Seeing no one who wished to testify then closed the hearing at 6:33 p.m. Commissioner Phillips stated he would not have a problem if the container were set on a bed of gravel instead of on concrete or asphalt. He said a solid surface was expensive, and gravel would not allow the container to sink. Commissioner Walton stated he was not convinced this change was necessary. He stated there did not seem to be a flux people wanting one in their back yard, they appeared to be expensive, a person can't be sure of the quality, or how if it will be welcome by the neighborhood. Commissioner Kelley said he agreed.If we are,unable to verify where they came from or what has been in them,he is against allowing them as residential structures. Commissioner Stathos stated she was concerned about the lack of standards for the containers. She was concerned the containers might have held chemicals, they might not have been cleaned properly,which could lead to hazardous material clean up after the container has been placed on a residential property. She said unless there is some kind of safety net for the consumer and the surrounding properties she was not in favor of the amendment. Commissioner Johnson said the points raised were valid and he was in agreement with them. Commissioner Phillips stated the points raised were valid however,he felt worrying about what the contents shipped in the container was getting too much. He would not have a concern putting one in his own yard,because they were sturdy and could handle snow. Commissioner Graham said the previous amendment required keeping animals enclosures to be kept clean,she would want one of these containers clean of chemicals if there were any in them. Commissioner Walton moved to close debate. The vote on the motion was seven in favor, zero against,the motion passed. Commissioner Johnson moved to not recommend approval CTA-2017-0002 to the City Council. The vote on the motion was six in favor, one against, with Commissioner Phillips dissenting. VIII. GOOD OF THE ORDER: The Commissioners discussed the point of clarification from the previous meeting. 2017-03-23 Planning Commission Minutes Page 3 of 3 IX. ADJOURNMENT: Commissioner Johnson moved to adjourn the meeting at 6:55 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 22,2017 Item: Check all that apply: ❑ old business ®new business ❑ public hearing ❑ information ❑ study session FILE NUMBER: CTA-2017-0002 AGENDA ITEM TITLE: Findings—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: Planning Commission held a public hearing June 8,2017 on the proposed amendment. 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. On June 8, 2017 Planning Commission held a public hearing on the proposed amendment. The public made no comment on the proposed amendment. The Planning Commission deliberated on the proposed amendment following the close of the public hearing. During deliberation several commissioners stated they did not support the use of shipping containers in residential areas because property owners have no way to verify if the containers are safe. Contamination of the containers from hazardous spills was a primary concern in regards to the health, safety, welfare and protection of the environment. Following deliberation the commission voted 6-1 to recommend that the city council not approve the proposed amendment. RECOMMENDED ACTION OR MOTION: Planning Commission approves the Findings and Recommendation to City Council. (I move to approve the Planning Commission Findings and Recommendations.) STAFF CONTACT: Martin Palaniuk—Planner ATTACHMENTS: A. Findings and Recommendation to City Council B. Staff Report and Findings CTA-2017-0002 C. Proposed amendments to SVMC Chapter 19.40.030 D. Proposed amendment to SVMC 19.65.140 E. Proposed amendment to SVMC Appendix A FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING COMMISSION CTA-2017-0002—Proposed Amendment to Spokane Valley Municipal Code (SVMC) Pursuant to SVMC 17.80.150 (E)the Planning Commission shall consider the proposal and shall prepare and forward a recommendation to the city council following the public hearing. The following findings are consistent with the Planning Commission recommendation that City Council does not adopt the amendment. 1. Background: Pursuant to RCW 36.70A.130, Spokane Valley adopted its 2016 Comprehensive Plan Update and updated development regulations on December 13,2016,with December 28,2016 as the effective date. CTA-2017-0002 is a City initiated code text amendment to SVMC 19.40.030 to remove the prohibition on the use of shipping containers in residential zones,to amend SVMC 19.65.140 to allow the use of shipping containers as an accessory structure in residential zones,and to amend SVMC Appendix A by adding a definition for shipping containers. The Planning Commission held a public hearing and conducted deliberations on June 8,2017. During the public hearing deliberation the Planning Commission discussed the necessity and cost burden of placing the container on a concrete or asphalt surface, whether permits would be required if a property owner chooses to alter or modify the shipping container, and the lack of any official shipping container industry or governmental agency oversight regarding the safety of the containers for use by the general public. Several Commissioners expressed concern that it could be detrimental to the health, safety and welfare of the public should a property owner use a container that has been contaminated during its use as a shipping container. The Commissioners voted 6-1 to recommend that the City Council not adopt the amendment. 2. Planning Commission Findings: The City may approve amendments to the SVMC if it finds that the amendment is consistent with the applicable provisions of the Comprehensive Plan and bears a substantial relation to public health, safety, welfare,and protection of the environment. The proposed amendment is not consistent with the following Comprehensive Plan Goals and Policies: a. Land Use Goal LU-G1 —Maintain and enhance the character and quality of life in Spokane Valley. b. Natural Resources Goal NR-G2—Protect the Spokane Valley-Rathdrum Prairie sole source aquifer from contamination and maintain high water quality groundwater. The Planning Commission recommended that the City Council does not approve the proposed amendment for the following reasons: a. The materials that have been shipped in the containers are not monitored or documented. b. Prospective owners cannot verify the previous use or contents of the shipping containers. c. The shipping container industry does not practice any certification that would deem the containers free from hazardous content prior to use by the general public. d. Hazardous preservative and insecticide chemicals may have been applied to the container. e. Contaminated shipping containers may be detrimental to the public health, safety and welfare if used for storage in residential areas. f. Contaminated shipping containers may be detrimental to the environment should leaching or other decomposition of the container occur while used for storage in residential areas. Findings and Recommendations of the Spokane Valley Planning Commission CTA-2017-0002 Page 1 of 2 Conclusion: The proposed text amendment is not consistent with Comprehensive Plan and does not bear a substantial relation to public health, safety,welfare,and protection of the environment. 3. Recommendation: The Spokane Valley Planning Commission therefore recommends the City Council DOES NOT adopt CTA-2017-0002,a proposed amendment to the SVMC. Approved this 22' day of June,2017 Heather Graham,Chairman ATTEST Deanna Horton,Administrative Assistant Findings and Recommendations of the Spokane Valley Planning Commission CTA-2017-0002 Page 2 of 2 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 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. 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