2021-02-11 Agenda PacketSpokane
jValleyK
Spokane Valley Planning Commission
Regular Meeting Agenda
City Hall Council Chambers, 10210 E. Sprague Ave.
February 11, 2021 6:00 p.m.
1. PLEASE NOTE: Meetings are being held electronically in response to Governor Inslee's
March 24, 2020 Proclamation concerning our recent State of Emergency, which waives and
suspends the requirement to hold in -person meetings and provides options for the public to
attend remotely.
2. Public wishing to make comments will need to email planningawspokanevalle m prior to
4: 00 pm the day of the meeting in order to be to speak during the comments period during
the meeting. Comments can also be emailed. Send an email to planning cr,spokanevallev.ora
and comments will be read into the record or distributed to the Commission members
through email.
3. Link to Zoom Meeting information:
littps:Hspokaneval ley.zoom.us/i/93950793161
One tap mobile
US: +13462487799„93950793161# or+16699006833„93950793161#
Dial by your location
US: +1 253 215 8782 US (Tacoma)
Meeting ID: 939 5079 3161
4. CALL TO ORDER
5. PLEDGE OF ALLEGIANCE
6. ROLL CALL
7. APPROVAL OF AGENDA
8. APPROVAL OF MINUTES: January 28, 2021
9. COMMISSION REPORTS
10. ADMINISTRATIVE REPORT
11. PUBLIC COMMENT: On any subject which is not on the agenda.
12. COMMISSION BUSINESS:
a. Discussion — Planned Residential Developments
13. FOR THE GOOD OF THE ORDER
14. ADJOURNMENT
Meeting Minutes
Spokane Valley Planning Commission
Council Chambers — City Hall
January 28, 2021
I. Planning Commission Chair Bob McKinley called the meeting to order at 6:00 p.m. The
meeting was held remotely via ZOOM meeting.
II. Commissioners, staff and audience stood for the pledge of allegiance.
III. Administrative Assistant Taylor Dillard took roll and the following members and staff were
present:
Fred Beaulac
Erik Lamb, Deputy City Attorney
Karl Granrath
Jenny Nickerson, Building Official
Walt Haneke
Lori Barlow, Senior Planner
Bob McKinley
Deanna Horton, Administrative Assistant
Nancy Miller
Taylor Dillard, Administrative Assistant
Paul Rieckers
Marianne Lemons, Office Assistant
Sherri Robinson
IV. AGENDA: Commissioner Robinson moved to approve the January 28, 2021 meeting agenda
as presented. There was no discussion. The vote on the motion was seven in favor, zero
against and the motion passed.
V. MINUTES: Commissioner Beaulac moved to approve the January 14, 2021 minutes as
presented. There was no discussion. The vote on the motion was seven in favor, zero against
and the motion passed.
VI. COMMISSION REPORTS: There were no Planning Commission Reports.
VII. ADMINISTRATIVE REPORT: Building Official Jenny Nickerson introduced the
planning short course training.
VIII. PUBLIC COMMENT: There was no public comment.
A brief recess was called at 6:15 for technical corrections. The meeting was called back to
order at 6:18 pm.
IX. COMMISSION BUSINESS:
a. Training: Dept of Commerce Planning Short Course Sections
A short course training was given to the Planning Commissioners regarding the land
use planning process.
X. GOOD OF THE ORDER: Chairman McKinley thanked the Commissioners for attending
the meetings consistently, being prepared and being on time.
XI. ADJOURNMENT: Commissioner Robinson moved to adjourn the meeting at 7:20 p.m.
There was no discussion. The vote on the motion was seven in favor, zero against, and the
motion passed.
01-28-2020 Planning Commission Minutes
Page 2 of 2
Bob McKinley, Chair Date signed
Deanna Horton, Secretary
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: February 11, 2021
Item: Check all that apply ❑ old business ❑ new business ❑ public hearing
® information ❑ study session ❑ pending legislation
FILE NUMBER: CTA-2020-0006
AGENDA ITEM TITLE: Planned Residential Developments - Chapter 19.50 SVMC Overview
DESCRIPTION OF PROPOSAL: City initiated code text amendment to review, amend, modify, and/or repeal Chapter
19.50 of the Spokane Valley Municipal Code (SVMC) for consistency with the Comprehensive Plan.
GOVERNING LEGISLATION: SVMC 17.80.150, SVMC 19.30.040 and RCW 36.70A.106; SVMC 19.50
BACKGROUND: As part of the 2020 Comprehensive Plan Amendment process, the City initiated an amendment to
amend the goals and policies for alternative housing types with regulatory changes that included establishing the R-4 zone
and the implementing regulations. The amendment was intended to address citizen concerns regarding the influx of duplex
developments and develop appropriate locations for higher density alternative housing. The implementing regulations
established the R-4 zone in areas supported by transit and services that support denser housing and housing affordability.
Additionally, higher density housing types, such as cottages and townhomes were prohibited in the R-3 zone, but allowed
in the R-4 zone. Duplex lot sizes in the R-3 zone were increased to be compatible with neighborhood character.
On November 17t', in response to citizen complaints, Council directed staff to review Chapter 19.50 SVMC to insure that
the Planned Unit Residential Development regulations were consistent with the intent of CPA-2020-0007 and implementing
regulations and identify any "loop holes". On November 24, 2020 Council adopted Ordinance 20-028 establishing a
moratorium on submission, acceptance, processing, modification, and approval of Planned Residential Developments. The
moratorium has no effect on applications currently under review, but prohibits new applications from being considered
while chapter 19.50 SVMC is under review by the City.
A Public Hearing was held during the January 5, 2021 City Council meeting. City Council consensus to uphold Planned
Residential Development Moratorium.
Staff will present a brief overview of the current PRD regulations under chapter 19.50 SVMC. An additional study session
on proposed amendments to chapter 19.50 SVMC will be presented in 2021.
RECOMMENDED ACTION OR MOTION: No action recommended at this time.
STAFF CONTACT: Jenny Nickerson, Building Official
ATTACHMENTS:
1. Chapter 19.50 SVMC; and
2. Presentation.
RPCA Study Session for CTA- 2020-0006 Page 1 of 1
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Chapter 19.50
PLANNED RESIDENTIAL DEVELOPMENTS
Sections:
19.50.010
Purpose.
19.50.020
Where permitted.
19.50.030
Permitted uses.
19.50.040
Relationship to other SVMC provisions.
19.50.050
Development standards.
19.50.060
Open space standards.
19.50.070
Administration.
19.50.080
Homeowners' or property owners' association required.
19.50.010
Purpose.
It is the purpose of Chapter 19.50 SVMC to:
A. Encourage imaginative design and the creation of permanent open space by permitting greater flexibility in
zoning requirements than is generally permitted by other sections of the SVMC;
B. Preserve or create environmental amenities superior to those generally found in conventional developments;
C. Create or preserve usable open space for the enjoyment of the residents;
D. Preserve, to the greatest extent possible, the natural characteristics of the land including, but not limited to,
topography, natural vegetation, waterways, and views;
E. Encourage development of a variety of housing types; and
F. Provide for maximum efficiency in the layout of streets, utility networks, and other public improvements and
infrastructure. (Ord. 16-018 § 6 (Att. B), 2016).
19.50.020 Where permitted.
Planned residential developments (PRDs) are permitted in all residential zoning districts in the City. (Ord. 16-018 §
6 (Att. B), 2016).
19.50.030 Permitted uses.
The following uses are permitted in a PRD; provided, that they meet the standards and criteria established in Chapter
19.50 SVMC:
A. Those uses permitted as a matter of right in the underlying zoning district;
B. Residential developments of all types as defined by Chapter 19.50 SVMC; and
C. As a secondary use, uses permitted in the Neighborhood Commercial zoning district may be permitted in a PRD
of 10 acres or larger. (Ord. 16-018 § 6 (Att. B), 2016).
19.50.040 Relationship to other SVMC provisions.
A. SVMC Title 19, Zoning Regulations. The provisions of Chapter 19.50 SVMC pertaining to land use of the
underlying zoning district shall govern the use of land in a PRD. The specific setback, lot size, height limits, and
other dimensional requirements are waived and the regulations for PRDs shall be those indicated in SVMC
19.50.050.
B. SVMC Title 20, Subdivision Requirements. A PRD shall be exempt from the specific design requirements of
SVMC Title 20 except that when any parcel of land in a PRD is intended for individual ownership, sale, or public
Chapter 19.50 SVMC Page 1
dedication, the subdivision and procedural requirements of SVMC Title 20 and applicable state laws pertaining to
subdivision, conveyance of land, and the preparation of maps shall be followed.
C. Chapter 17.80 SVMC, Permit Processing Procedures. A PRD is a Type III permit type and shall require a public
hearing before the hearing examiner consistent with the provisions of Chapter 17.80 SVMC. (Ord. 16-018 § 6 (Att.
B), 2016).
19.50.050 Development standards.
The following standards shall govern the administration of Chapter 19.50 SVMC:
A. Relationship of PRD Site to Adjacent Areas. The design of a PRD shall take into account the relationship of the
site to the surrounding areas. The perimeter of the PRD shall be designed to minimize adverse impact of the PRD on
adjacent properties and, conversely, to minimize adverse impact of adjacent land use and development
characteristics on the PRD.
B. Site Acreage Minimum. The minimum site shall be five acres.
C. Minimum Lot Size. The minimum lot size provisions of other sections of the SVMC do not apply in a PRD.
D. Density. The hearing examiner may authorize a dwelling unit density up to 20 percent greater than that permitted
by the underlying zone, rounded to the nearest whole number.
E. Maximum Coverage. Lot coverage shall not exceed the percentage permitted by the underlying zone.
F. Landscaping Required. All common open space shall be landscaped in accordance with the landscaping plan
submitted by the applicant and approved by the hearing examiner. Natural landscape features which are to be
preserved, such as existing trees, drainage ways, rock outcrops, etc., may be accepted as part of the landscaping
plan.
G. Setback and Side Yard Requirements.
1. Setbacks from the exterior boundary line of the PRD area shall be comparable to or compatible with those of
the existing development of adjacent properties, or, if adjacent properties are undeveloped, the type of
development which may reasonably be expected on such properties given the existing zoning.
2. Setbacks or Side Yards Between Buildings. The standard setbacks and yard requirements between buildings
may be waived in a PRD. Buildings may have common walls.
H. Off-street parking shall be provided in accordance with Chapter 22.50 SVMC, Off -Street Parking and Loading
Standards.
I. Secondary Use Limitations.
1. Commercial uses shall comply with Chapter 19.130 SVMC, Site Plan Review. Site plans shall be included in
the application for the PRD;
2. The gross floor area of the commercial use shall not exceed the product of 50 square feet multiplied by the
number of dwelling units within the development; and
3. Construction of at least 35 percent of the residences in the PRD shall be completed before issuing any
building permits for the construction of commercial uses, except this shall not prohibit a sales office. (Ord.
16-018 § 6 (Att. B), 2016).
19.50.060 Open space standards.
Each PRD shall dedicate at least 30 percent of the gross land area for common open space for the use of its
residents. Common open space areas shall meet the following criteria:
Chapter 19.50 SVMC Page 2
A. Location. The open space shall be entirely within the PRD and within reasonable walking distance of all dwelling
units in the PRD. Where practical, the common open space shall be located adjacent to other established or planned
park and recreational areas in adjacent developments, schools, or City parks; provided, that such dedication would
increase the overall benefit to the residents of the PRD and conform to other criteria in SVMC 19.50.060.
B. Access. All dwelling units within the PRD shall have legal access to the proposed common open space at the time
of final PRD approval. Private or access streets, trees, or other landscaping may separate the common open space
area; however, access may not be blocked by major obstacles such as arterial, collector streets, or significant natural
features such as rivers, streams, or topographic features. Active recreational open space areas shall have reasonable
access from street frontages.
C. Types of Open Space.
1. Land dedicated for open space shall be usable for either greenbelts that serve as a buffer between land uses,
using existing vegetation, or an aesthetic amenity such as boulevard trees, active recreational activities, or for
protecting critical areas.
2. Except as provided in SVMC 19.50.060(C)(4), a minimum of 30 percent of the required common open space
area shall be suitable for active recreation. The topography, soils, hydrology, and other physical characteristics
of the active recreation area shall provide a dry, obstacle -free space in a configuration which is suitable for
active recreation.
3. The percentage of active recreational areas may be increased to as high as 50 percent if it is determined that
anticipated recreational needs require a larger percentage. In increasing this percentage, the following standard
shall be used: the ratio of one acre to 125 residential units.
4. The percentage of active recreational area may be decreased to as low as 15 percent if it is determined that:
a. Inclusion of buffers or critical areas better meet the open space needs of the residents of the PRD; or
b. A higher percentage would lead to the detrimental grading or other disturbance of the natural setting.
D. Open space area shall not include:
1. Accessory buildings and areas reserved for the exclusive use and benefit of an individual tenant or owner;
2. Public rights -of -way, private streets, residential driveways, parking areas, loading or storage areas, or
setback areas;
3. Floodplain (100-year), flood -prone areas, drainage easements, natural drainage areas, or creeks.
E. Implementation. The open space area shall be dedicated in common to the property owners within the plat or to a
property owners' or homeowners' association. Maintenance and operation of the open space shall be the
responsibility of the property owners' or homeowners' association.
1. The City may choose to accept dedication, maintenance, and operation responsibilities when the common
open space area is in the public interest and complies with at least one of the following:
a. Is greater than 10 acres;
b. Is adjacent to an established or future City park or school grounds;
c. Is an access to a body of water greater than three acres in size; or
d. Is a critical area.
2. The dedication shall be identified on the PRD plan.
Chapter 19.50 SVMC Page 3
F. Improvements. The following improvements to the open space area may be required prior to final approval of the
PRD:
1. Removal of construction debris and hazards; and
2. Rough grading and establishment of grass cover over those portions of the site suitable for playfields.
G. Equivalent Facilities. When proposed open space areas do not meet the criteria for dedication in Chapter 19.50
SVMC, such land may be improved by grading, filling, landscaping, or with installation of recreation equipment so
as to be equivalent in result to the intent of Chapter 19.50 SVMC. The city manager or designee shall determine if
the proposal is equivalent based on the following guidelines:
1. The proposed land and improvements shall create recreational opportunities generally equivalent to or
greater than the land required for the residents within the PRD; and
2. The proposed land and improvements shall not significantly disturb or alter a critical area, unless otherwise
allowed by the City.
H. Stormwater Facilities. Stormwater facilities may be allowed by the City as open space subject to the following
criteria:
1. The stormwater facility shall drain fully within 72 hours after a storm event unless the facility is designed as
an aesthetic amenity;
2. The side slope of the stormwater facility shall not exceed 3:1 unless slopes are existing, natural, and
vegetated;
3. If the stormwater facilities are located adjacent to or near a natural, year-round stream or wetland, these
systems shall be left in natural or near -natural condition;
4. The stormwater facilities shall be landscaped in a manner which is both aesthetic and able to withstand the
inundation expected;
5. The stormwater facility shall not be fenced or otherwise rendered unsuitable or unavailable for recreation use
during dry weather; and
6. In the case of joint use of open space for stormwater and recreation, the homeowners or homeowners'
association shall be responsible for maintenance of the stormwater facilities.
I. Rights and Duties. The owners of open space shall have the following rights on the common open area, subject to
restrictive covenants or other restrictions:
1. The right to locate recreational facilities, such as tennis courts, swimming pools, picnic tables, and fireplaces
(accessory to picnic tables) for the exclusive use of residents of the PRD and their guests;
2. The right to locate pedestrian, bicycle, and bridle paths;
3. The right to protect and maintain the common space area or to correct a hazardous condition posing a threat
to life or limb;
4. The right to regulate access to the open space land and the duty to maintain it. (Ord. 17-004 § 3, 2017; Ord.
16-018 § 6 (Att. B), 2016).
19.50.070 Administration.
A. Building permits and other required permits for the development of property under the provisions of Chapter
19.50 SVMC shall be issued only when, in the opinion of the city manager or designee, the work to be performed
meets the requirements of the final plan and program elements of the PRD.
Chapter 19.50 SVMC Page 4
B. Minor and Major Adjustments.
1. Minor adjustments may be made and approved by the city manager or designee when a building permit is
issued. Minor adjustments are those which may affect the precise dimensions or siting of buildings, but which
do not affect the basic character or arrangement of buildings approved in neither the final plan, the density of
the development, nor the open space requirements. Such dimensional adjustments shall not vary more than 10
percent from the original.
2. Major adjustments are those which, in the opinion of the city manager or designee, substantially change the
basic design, density, open space or other requirements of the PRD. When, in the opinion of the city manager
or designee, a change constitutes a major adjustment, a building, or other permit shall not be issued without
prior review and approval by the hearing examiner of such adjustment.
C. Parties Bound. Once the preliminary development plan is approved, all persons and parties, their successors,
heirs, or assigns, who own, have, or will have by virtue of purchase, inheritance, or assignment, any interest in the
real property within the proposed PRD, shall be bound by the conditions attending the approval of the development
and the provisions of Chapter 19.50 SVMC. (Ord. 17-004 § 3, 2017; Ord. 16-018 § 6 (Att. B), 2016).
19.50.080 Homeowners' or property owners' association required.
In a PRD, a property owners' or homeowners' association shall be established for the purpose of ownership,
maintenance, and management of open spaces, common areas, and private streets as required by the provisions of
the SVMC. (Ord. 16-018 § 6 (Att. B), 2016).
Chapter 19.50 SVMC Page 5
MINUTES
SPOKANE VALLEY COUNCIL REfi+L-Aft-MEETiN6
IGR4e4-46-F,9R 4A-T- STUDY SESSION
Spokane Valley City Hall
Spokane Valley, Washington
January 5, 2021
Mayor Wick called the meeting to order at 6:00 p.m. The meeting was held remotely via Zoom meeting.
Atten(lance:
Councilmembers
Ben Wick, Mayor
Brandi Peetz, Deputy Mayor
Pam Haley, Councilmember
Tim Hattenburg Councilmember
Rod Higgins, Councilmember
Linda Thompson, Councilmember
Arne Woodard, Councilmember
Staff
Mark Calhoun, City Manager
John Hohman, Deputy City Manager
Erik Lamb, Deputy City Attorney
Lori Barlow, Senior Planner
Carrie Koudelka, Deputy City Clerk
ROLL CALL: Deputy City Clerk Koudelka called the roll; all Councilmembers were present.
APPROVAL OF AMENDED AGENDA: It was moved by DeputJ, Mayor Peetz, seconded and
una77in7o77s1y agreed to approve the amended agenda.
PROCLAMATION: Mayor Wick read the proclamation for Community Risk Reduction Week, January
18 — 22, 2021.
NEW BUSINESS
1. PUBLIC HEARING: Planned Residential Development Moratorium — Lori Barlow Eric Lamb
Mayor Wick opened the hearing at 6:03 p.m. Deputy City Attorney Lamb said that Council adopted
Ordinance 20-028 on November 24, 2020 that established a moratorium on the submission, acceptance,
processing, modification and approval of Planned Residential Developments (PRDs) and that City staff has
begun their review of a city -initiated code text amendment to CH 19.50 SVMC. Senior Planner Barlow said
that PRDs are regulated through CH 19.50 SVMC and she said these regulations have been in our City code
since 2007 and originated from Spokane County when we incorporated in 2003. She said the regulations
identify the purpose of PRDs and she said PRDs are allowed in all residential zones and that all types of
residential developments are allowed in PRDs. She said CH 19.50 also identifies the applicable
development standards for PRDs, including minimum lot size, density, setback, commercial area allowed
and open space requirements. She said in 2020, a Comprehensive Plan amendment addressed concerns
about the influx of duplexes, added New Housing Policies and associated development regulations and she
said in reviewing the PRD regulations they are looking to see that they are consistent with the
Comprehensive Plan goals and policies and the needs of the community. Mr. Lamb said the City desires
flexibility for alternative development and we also want to protect the existing neighborhoods so we are
looking to find a balance between appropriate development flexibility and the appropriate amount of
protection. He said the purpose of the moratorium is to prevent incompatible uses and to protect the
characteristics of neighborhoods. He said moratoriums are allowed by state law and they preserve the status
quo; this moratorium is on new applications only and he said any applications that were in process before
the moratorium are not impacted. He said the Planning Commission will establish appropriate
modifications or repeal of CH 19.50 SVMC and forward a recommendation to Council. He said staff
recommends maintaining the moratorium while the regulations are evaluated and staff is looking for
Council direction to prepare the ordinance adopting the findings of fact that will come before Council at a
subsequent meeting.
Study Session: 01-05-2021 Page 1 of 2
Approved by Council: 0 1- 12-2021
Todd Whipple, Whipple Consulting Engineers, spoke in opposition to the moratorium and asked that it be
modified to allow townhouses and duplexes but not apartment complexes.
Written public comments were received by the following people and ivill be attached to the approved
minutes:
Todd Whipple, Whipple Consulting Engineers — opposed to the moratorium
Kim Alexander, Spokane Valley — in favor of the moratorium
Marilyn Pearson, Spokane Valley — in favor of the moratorium
Rudy Werle, Spokane Valley — in favor of the moratorium
Ann Carey, Spokane Valley — in favor of the moratorium
Michael Reents, Spokane Valley — in favor of the moratorium
Mayor Wick closed the public hearing at 6:31 p.in. Council consensus to maintain the moratorium.
2 MayoralAppointments: Councilmembers to Committees — Mayor Wick
It was moved by Deputy Allayor Peetz and seconded to confirm the Mayoral appointments of
Councilmembers to the committees and boards as listed on the January 5, 2021 Request, for Council Action
form. Mayor wick said the appointments are the same as they were in 2020 with the addition of the AWC
Scholarship Committee. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried.
3 Mayoral Appointments: Planning Commission — Mayor Wick
It was moved by Deputy Mayor Peetz and seconded to confrrin the Mayor's nomination of Walt Haneke
and Nancy Pete Miller to the Planning Commission for terms beginning inunediately and ending December
31, 2023, and Pazd Rieckers to complete the unexpired term of JJJohnson, effective innnediately and ending
December 31, 2021.
James JJ Johnson, Spokane Valley, thanked Council for the opportunity to serve on the Planning
Commission the last five years as both Vice Chair and Chair of the Commission.
Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried
4. Advance Agenda — Mayor Wick
No comments.
5. Council Comments — Mayor Wick
No comments.
7. Cily Manager Comments — Mark Calhoun
Mr. Calhoun said the state legislative session begins next week and lobbyist Murray is seeking guidance
from Council at to whether they would be in support of easing of some of the marijuana regulations. It was
the consensus of Council that they are opposed to easing narijuana regulations. Mr. Calhoun then asked
for Council guidance pertaining to whether they would be in support of implementing an income tax and
reminded Council that on November 26, 2019 Council approved a resolution opposing income taxes. It was
the consensus of'Council to stay with the resolution in opposition to income taxes.
11 was moved by Deputy Mayor Peetz, seconded and unanimously agreed to adjourn. The meeting
adjourned at 6:45 p.m.
ATTEST: Ben Wick, Mayor
04-" .v V*G-,
Carrie Koudelka, Deputy City Clerk
Study Session: 01-05-2021 Page 2 of 2
Approved by Council: 01-12-2021