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PC APPROVED Minutes 05-25-17 APPROVED 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 11w 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 testi,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 'ond/' between the words `beds'and 'or'in order for it to read: "An area that contains raised planting 1 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 the 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. 4, -rtv,V Heather Graham, Chair Date signed 67 1) Deanna Horton, Secretary