Agenda 07/12/2018 S11 'ane
Valle K
Y
Spokane Valley Planning Commission
Regular Meeting Agenda
City Hall Council Chambers, 10210 E. Sprague Ave.
July 12, 2018 6:00 p.m.
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. APPROVAL OF AGENDA
V. APPROVAL OF MINUTES: June 14, 2018
VI. COMMISSION REPORTS
VII. ADMINISTRATIVE REPORT
VIII. PUBLIC COMMENT: On any subject which is not on the agenda.
IX. COMMISSION BUSINESS:
i. Discussion: Public Comment - Open Space requirements in
Mixed Use zones
ii. Discussion: Small Animal Keeping Regulations
X. FOR THE GOOD OF THE ORDER
XI. ADJOURNMENT
Minutes
Spokane Valley Planning Commission
Council Chambers—City Hall
June 14, 2018
I. Chair Rasmussen called the meeting to order at 6:02 p.m. Commissioners, staff and audience stood for
the pledge of allegiance. Office Assistant Mary Moore took roll and the following members and staff
were present:
James Johnson Eric Lamb, Deputy City Attorney
Danielle Kaschmitter Lori Barlow, Senior Planner
Tim Kelley Jenny Nickerson,Assistant Building Official
Mike Phillips Micki Harnois, Planner
Michelle Rasmussen
Suzanne Stathos Deanna Horton, Secretary for the Commission
Matt Walton, absent and excused. Mary Moore, Office Assistant
Hearing no objections, Commissioner Walton was excused from the June 14, 2018 meeting.
II. AGENDA: Commissioner Johnson moved to accept the June 14, 2018 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 24,2018 minutes as presented. There
were two corrections noted on the meeting minutes. Commissioner Walton did not attend the State of
the City,it was Commissioner Phillips and the public hearing opened at 6:40 not 6:30. The vote on the
motion was six in favor, zero against, and the motion passed.
IV. COMMISSION REPORTS:The Commissioners had no reports.
V. ADMINISTRATIVE REPORT: Senior Planner Lori Barlow explained that the Comprehensive Plan
Amendments won't be going forward to the City Council until July 17, 2018.
VI. PUBLIC COMMENT: There was no public comment.
VII. COMMISSION BUSINESS:
i. Findings of Fact: CTA-2018-0001, A proposed amendment to Spokane Valley Municipal
Code 19.65.020.
Planner Micki Harnois presented to the Commission an overview of the findings of fact to Spokane
Valley Municipal Code 19.65.020 changing the minimum lot area requirement from one acre to
40,000 square feet for the keeping of poultry and livestock in residential and mixed use zones. A
public hearing was held on May 24,2018 and the vote was five in favor,zero against to recommend
approval.
Commissioner Johnson made a motion to approve the Findings of Fact for CTA-2018-0001. Six in
favor and none against.
ii. Discussion: Open Space requirements in Mixed Use zones.
Ms.Barlow stated this is a continuation of the discussions regarding the open space requirement in
mixed use zones. During the April 26, 2018 meeting the Planning Commission had directed staff
develop draft language based on the following five guidelines referenced in the RPCA:
• Separating the multifamily uses from mixed use and regulated differently than a mixed use
development
• All multifamily uses should provide open space.
• Mixed use should be defined
• Non-residential uses in mixed use development should be significant enough in such a
mixed use development doesn't become a loophole to eliminate the open space requirement
• Eliminate"the fee in lieu"requirement
2018-06-14 Planning Commission Minutes Page 2 of 3
Ms. Barlow said she used the current code as a foundation to draft the language requested by the
Commission. Ms. Barlow explained the changes that were made to Open Space (SVMC)
19.70.050(G).
• It was not necessary to change section 19.70.050.G since it is consistent with
commission's intent.
• No changes were made to G.2 which states,"Open Space is not required for development
of less than 10 new dwelling units." However, the Commission should discuss this
criteria, as staff did not clarify during the discussion if the commission wanted a change
to the threshold number of 10 dwelling units.
• Item G.3 was eliminated so it would no longer be possible for a request to pay a fee in lieu
instead of providing open space.
• The new G.3 reads: Open space is not required for a project where a residential use is
combined with two or more non-residential permitted uses within a building, on a parcel,
or functionally integrated as part of a complex of related structures in a development. She
noted that the intent of this language was to address the Commission's concern that a small
business would be proposed to eliminate the open space requirement.
• Ms. Barlow explained the draft definition of Mixed Use was based on the intent of the
Mixed Use Zoning District.
Commissioner Johnson asked how a sloping grade would impact the ground floor of a non-
residential use if on different levels, and if public parking would be considered a non-residential
use. Jenny Nickerson,Assistant Building Official explained the IRC has specific classifications of
the first floor and the basement. Ms. Barlow explained if paid public parking was established on
the lot it would be considered,unless certain uses were not allowed...
Commissioner Phillips confirmed that two or more non-residential uses did not mean different non-
residential such as one being an office use, and one a retail use. He indicated he would rather put a
limit in the language such as 25%of the building or up to 500 square feet. Commissioner Johnson
suggested the language read the first floor must be non-residential or a percentage of the first floor
as an option. Commissioner Kelley replied the developer makes more money on the square footage
on retail,therefore retail parking would be good, and it draws retail business. Open space with the
retail parking should be part of the required space. Commissioner Johnson, stated that parking
shouldn't be included as open space.Ms.Barlow clarified the amount of parking will be determined
and calculated based on the area attributed to the applicable use and will be determined by the
parking table in the SVMC. Commissioner Johnson stated that public parking if offered, shouldn't
be considered a commercial use. Chair Rasmussen noted that parking lot or garages don't want
residential above, or a public parking garage below. Commissioner Johnson suggested to define
how much nonresidential use is required to be a mixed use could be 50% of the first floor or the
entire first floor. Commissioner Stathos confirmed that storage units provided for tenants would
not be a separate use. If they were proposing mini storage open to the public,then the mini storage
would count as one nonresidential use. Commissioner Phillips asked if the 210 square feet per unit
would be eliminated if it were mixed use. It was confirmed that the draft code stipulated that Open
space is not required if you have less than 10 units of multifamily but in a mixed use project open
space is not required. Commissioner Phillips suggested that all multifamily projects should provide
open space and that the exemption for multifamily with 10 or less dwellings be removed.
Commissioner Kaschmitter confirmed that the 10 or less dwelling units' exemption should be
removed. Commissioner Kelley suggested the code should not say where the non-residential use
should be located and was concerned for security,public and safety. He suggested it should be on
the ground floor or have a separate entrance for the public. Commissioner Kaschmitter suggested
to qualify as a nonresidential it must be one floor or 25% of the building. Ms. Barlow replied
language can read the ground floor.Commissioner Johnson agrees with Commissioner Kaschmitter
that one floor should be dedicated to non-residential use or 25%of the building.
7:04 Meeting stopped for break.
2018-06-14 Planning Commission Minutes Page 3 of 3
7:09 Meeting called back to order.
The discussion returned to whether multi-family developments with 10 or less units should be
exempt from providing open space. Commissioner Stathos's opinion was to strike the language.
Commissioner Johnson responded that he didn't want to give the city of Spokane any more
advantage and he wanted to have the city stay as attractive as possible. Commissioner Kelly was in
favor of open spaces being provided. Commissioner Kaschmitter replied it is important to have
open space no matter what size development it is and the exemption language should be deleted.
Commissioner Phillips replied they(all multifamily developments) should have open space and to
take it out. Chair Rasmussen agreed with Commissioner Johnson that there is a population out there
where who don't care if open space is provided. The vote was four in favor and two against to
delete the language that exempted multifamily developments with 10 or less units from providing
open space.
Ms. Barlow clarified that if the exemption is removed than all multifamily, which is by definition
three or more units would have to provide open space. She further clarified the following directives
provided by the Commission: One entire floor can be dedicated to nonresidential use or 25% of
structure.A development could be vertical as well as horizontal with 25%of the development being
considered rather than a building. She further noted that if Commissioner Kelley confirmed a
development of three or more residential units will need open space, and if one floor can be used
for retail it can be divvied up to equal 25% of the building. Commissioner Kelley was in favor.
The Commission wanted to see the language again to allow Commissioner Walton to give his vote.
VIII. GOOD OF THE ORDER: There was nothing for the good of the order.
IX.
X. ADJOURNMENT: Commissioner Johnson moved to adjourn the meeting at 7:19 p.m. The vote on
the motion was unanimous in favor, the motion passed.
Michelle Rasmussen, Chair Date signed
Mary Moore, Office Assistant
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: July 12, 2018
Item: Check all that apply: n consent n old business I1 new business
n public hearing n information I1 admin. report n pending legislation
FILE NUMBER: N/A
AGENDA ITEM TITLE: Public Comment - Admin Report - Open Space Requirement for
Residential Projects in Mixed Use Zones
DESCRIPTION OF PROPOSAL: N/A
GOVERNING LEGISLATION: SVMC 19.70.050(G)
BACKGROUND: At the March 8th, March 22nd, April 26th and June 14th meeting, the
Planning Commission discussed SVMC 19.70.050(g) which stipulates that residential projects
with more than 10 units located in mixed use zones must provide open space at a rate of 210
square feet per unit with specific exceptions noted in the SVMC. During the recent discussions
the Planning Commission was provided the following information:
1. A survey of various Washington cities to identify open space standards utilized.
2. Mixed use project definitions and examples.
3. Options to address the open space requirement in the mixed use zones.
On April 26th the Planning Commission provided the following direction to staff to develop draft
language.
1. Multi-family uses should be separated from mixed use and regulated differently than a mixed
use development;
2. All multifamily uses should provide open space;
3. Mixed use should be defined;
4. Non-residential uses in mixed use development should be significant enough such that a
mixed use development doesn't become a loop hole to eliminate the open space requirement; and
5. Eliminate the fee in lieu requirement.
On June 14, 2018 draft language, including a mixed use definition was presented to the Planning
Commission. Following discussion the Planning Commission provided the following direction:
1. Eliminate the exemption that the open space does not apply to the development of less
than 10 new dwelling units; and
2. Modify the exemption to stipulate that open space is not required for mixed use
development when an entire floor, or 25% of the building is occupied by nonresidential
uses, or if 25% of the entire development is occupied by nonresidential uses.
Staff will discuss the draft language to determine if it is consistent with the intent. Following
the discussion, the Planning Commission should provide further direction to staff.
RPCA SVMC 19.70.050(g)Discussion
Page 1 of 2
OPTIONS: Discussion
RECOMMENDED ACTION OR MOTION: Discussion
STAFF CONTACT: Lori Barlow, AICP, Senior Planner
ATTACHMENTS:
1. SVMC 19.70.050 - Drafts
RPCA SVMC 19.70.050(g)Discussion
Page 2 of 2
PC Meeting
7-12-2018
Original Language
19.70.050 Additional standards.
G. In mixed-use zoning districts,projects with residential components shall provide 210 square feet of
open space per dwelling unit conforming to the requirements of SVMC 19.70.050(F)and eligible for
reduction for improvements on the same basis; provided,that:
1. The requirement does not apply to the development of less than 10 new dwelling units;
2. Additional open space is not required for residential development located within 1,300 feet of a
public park; and
3. A fee in lieu of land dedication may be assessed for the development of public parks and open
spaces to meet the needs of the residents of the mixed-use zoning districts. Council will determine
this assessment and review it on an annual basis.
Draft Language— Version 1 (Presented at 6-14-2018 PC Meeting)
19.70.050 Additional standards.
G. In mixed-use zoning districts,projects with residential components shall provide 210 square feet of
open space per dwelling unit conforming to the requirements of SVMC 19.70.050(F)and eligible for
reduction for improvements on the same basis;provided,that:
1. The requirement does not apply to the development of less than 10 new dwelling units;
2. Additional oOpen space is not required for residential development located within 1,300 feet of a
public park or a public trail; and or
3. Open space is not required for projects where a residential use is combined with two or more non-
residential permitted uses within a building, on a parcel, or functionally integrated as part of a
complex of related structures in a development. A fee in lieu of land dedication may be assessed for
the development of public parks and open spaces to meet the needs of the residents of the mixed use
zoning districts. Council will determine this assessment and review it on an annual basis.
Draft Language— Version 2 (Presented at 7-12-2018 PC Meeting)
19.70.050 Additional standards.
G. In mixed-use zoning districts,projects with residential components shall provide 210 square feet of
open space per dwelling unit conforming to the requirements of SVMC 19.70.050(F)and eligible for
reduction for improvements on the same basis; provided,that:
1. The requirement does not apply to the development of less than 10 new dwelling units;
2. Additional oOpen space is not required for residential development located within 1,300 feet of a
public park or a public trail; andor
3. Open space is not required for projects where all ground floor units within a building will be
occupied by non-residential permitted uses, and residential uses are located on the second-floor
and/or above; or where 25% or more of the total building area will be occupied by non-residential
permitted uses, with the remainder occupied by residential uses; or where residential and non-
residential permitted uses are combined on a parcel, or functionally integrated as part of a complex of
related structures in a development where the non-residential uses equal 25% or more of the total
development building areas. A fee in lieu of land dedication may be assessed for the development of
Attachment A—SVMC 19.70.050 Additional Standards Draft for Discussion
PC Meeting
7-12-2018
public parks and open spaces to meet the needs of the residents of the mixed use zoning districts.
Council will determine this assessment and review it on an annual basis.
Attachment A—SVMC 19.70.050 Additional Standards Draft for Discussion
PC Meeting
7-12-2018
Appendix A: Definitions
Mixed Use: Development with two or more different land uses combined in a single development
project. Mixed-use development can be either vertical or horizontally mixed, and could include
employment uses such as office, retail, community, or cultural facilities, along with higher density
residential uses.
Attachment A—SVMC 19.70.050 Additional Standards Draft for Discussion
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: July 12, 2018
Item: Check all that apply nold business Fl new business n public hearing
n information I1 study session n pending legislation
FILE NUMBER: N/A
AGENDA ITEM TITLE: Study session — Discuss Spokane Valley Municipal Code (SVMC)
19.65.020.A.6 Small Animals/Fowl Regulations
SUMMARY OF SVMC 19.65.020.A.6: Small animals and fowl are allowed to be kept on
residential lots meeting certain criteria at a ratio of one animal per each 3,000 s.f. of lot area. Small
animals include rabbit,mink, chinchilla, etc., and fowl includes duck,turkey, goose, etc..
GOVERNING LEGISLATION: SVMC 17.80.150 and 19.30.040; and RCW 36.70A.106
PREVIOUS PLANNING COMMISSION ACTION TAKEN: None
BACKGROUND: Council has recently received a request to adopt"Small 4-H animal friendly
regulations." The comment was based on a desire to keep rabbits on residential lots less than one acre
in size. After further review of the code an interpretation was made that the one acre minimum lot size
did not apply to 19.65.020.A.6 SVMC Small animals and fowl.
As you are aware,the City is processing CTA-2018-0001, a city initiated code text amendment to
SVMC 19.65.020 to change the minimum lot area requirement from one acre to 40,000 s.f for keeping
of poultry and livestock in residential zones. Both the small animal keeping regulations and the
minimum lot size required to allow animal keeping are located in chapter 19.65 SVMC. It has been
determined that prior to moving CTA-2018-0001 on to Council with the Planning Commission
recommendation, that the small animal keeping regulations should also be discussed and the appropriate
clarification made.
In March 2017 the Council directed the Planning Commission to review the Animal Keeping regulation
to determine if they were consistent with the community's interest in urban farming and animal keeping.
After considerable discussion at five meetings held from March 2017 thru June 2017 the Planning
Commission provided direction on the development of an Urban Farming and Animal Keeping chapter.
CTA-2017-0001- Draft Chapter 19.78 proposed to regulate animal keeping similarly to the City of
Spokane which separated small animal keeping from livestock regulations and allowed small animals to
be kept on residential lots regardless of size and at a ratio of one animal per 1,000 s.f. of lot area. The
Planning Commission recommended approval of the amendments with modifications. The Council
considered CTA-2017-0001 on July 11, 2017 and August 15, 2017, and on December 12, 2017 passed a
motion to "leave the animal code the way it is." The regulations were not changed and the clarification
of the minimum lot area contained in CTA-2018-0001 and now relative to small animal keeping is
required.
RPCA 7-12-2018 Page 1
RECOMMENDED ACTION OR MOTION: The Planning Commission should discuss the
small animal keeping regulation and provide staff with further direction.
STAFF CONTACT: Lori Barlow, AICP, Senior Planner
ATTACHMENTS:
1. CTA-2018-0001 Draft SVMC 19.65.020
RPCA 7-12-2018 Page 2
Exhibit 2
19.65.020 SVMC
Agriculture and Animal Keeping Provisions
March 22, 2018
19.65.020 Agriculture and animal.
A.Animal Raising and/or Keeping.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 40,000 square feet one gross acrc 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 40,000 square feet one gros acrc in area.
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.
4. 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 area. 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 rear property lines.
7. In residential areas, 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
area,with a maximum of 25 birds allowed;
b. The keeping of roosters is prohibited;
CTA-2018-0001 Animal Raising and Keeping Min. Lot Size Page 1
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;
d. Pens, coops, hutches, or similar containment structures shall be kept a minimum of 25
feet from dwellings on neighboring properties; and
e.All chickens shall be contained within the subject property.
8. Stables, paddocks, yards, runways, pens, coops, hutches, enclosures, structures, pastures,
and grazing areas shall be kept in a clean and sanitary condition.
9. In residential areas, hobby beekeeping is subject to the following conditions:
a. The number of beehives shall be limited to one beehive per 4,356 gross square feet of
lot area;
b. 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;
c.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;
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.
CTA-2018-0001 Animal Raising and Keeping Min. Lot Size Page 2