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PC APPROVED Minutes 06-14-18 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. IL 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 Kelley 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 to recommend approval to the City Council was five in favor, zero against. 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 Request for Planning Commission Action: • 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 2018-06-14 Planning Commission Minutes Page 2 of 3 • Eliminate"the fee in lieu"requirement 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). • No changes were made to(G)(1)since it is consistent with commission's intent. • Line (G)(2) states, "Open Space is not required for development of less than 10 new dwelling units." The Commission should discuss this criteria,as staff did not clarify if the Commission wanted a change to the threshold number of dwelling units. • Item(G)(3)wwould be eliminated. It would no longer be possible for to 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 ofrelated structures in a development. Ms. Barlow 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 Ianguage 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. Commissioner Rasmussen agreed she did not want commercial parking to be considered as a use when making the mixed use determination. 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 said 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 agreed 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.7:09 Meeting called back to order. 2018-06-14 Planning Commission Minutes Page 3 of 3 The discussion returned to whether multifamily developments with 10 or less units should be exempt from providing open space. Commissioner Stathos' 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. • 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.. The Commission wanted wait to see the language again and 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. ifrc- 1K/ Michelle Rasmussen,Chair Date signed VIZAPL Mary Moore,Off c Assistant