2021-05-27 Agenda PacketSpokan..,;oOV.
e3'
Spokane Valley Planning Commission
Regular Meeting Agenda
City Hall Council Chambers, 10210 E. Sprague Ave.
May 27, 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 planning awspokanevalley.or�a 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 Rmspokanevalley.org
and comments will be read into the record or distributed to the Commission members
through email.
3. LINK TO ZOOM MEETING INFORMATION:
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4. CALL TO ORDER
5. ROLL CALL
6. APPROVAL OF AGENDA
7. APPROVAL OF MINUTES: May 13, 2021
8. COMMISSION REPORTS
9. ADMINISTRATIVE REPORT
10. PUBLIC COMMENT: On any subject which is not on the agenda.
11. COMMISSION BUSINESS:
a. Study Session: CTA-202 1 -0001 — Batch Code Text Amendment
b. Presentation: Tiny Homes
12. FOR THE GOOD OF THE ORDER
13. ADJOURNMENT
Meeting Minutes
Spokane Valley Planning Commission
Council Chambers — City Hall
May 13, 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. Administrative Assistant Taylor Dillard took roll and the following members and staff were
present:
Fred Beaulac
Erik Lamb, City Attorney
Karl Granrath
Jenny Nickerson, Building Official
Walt Haneke
Chaz Bates, Senior Planner
Bob McKinley
Marianne Lemons, Administrative Assistant
Nancy Miller
Paul Rieckers
Sherri Robinson
III. AGENDA: Commissioner Robinson moved to approve the May 13, 2021 meeting agenda as
presented. There was no discussion. The vote on the motion was seven in favor, zero against
and the motion passed.
IV. MINUTES: Commissioner Beaulac stated that the first sentence needed to be changed in the
minutes to reflect that "Vice -Chair Robinson called the meeting to order." Commissioner
Miller moved to approve the April 22, 2021 minutes as amended. There was no discussion.
The vote on the motion was seven in favor, zero against and the motion passed.
V. COMMISSION REPORTS: There were no Planning Commission reports.
VI. ADMINISTRATIVE REPORT: Building Official Jenny Nickerson stated that she will
present some information regarding condominium weatherization regulations at a future
Planning Commission meeting.
VII. PUBLIC COMMENT: There was no public comment.
VIII. COMMISSION BUSINESS:
a. Findings Of Fact: Shoreline Master Plan
Senior Planner Chaz Bates presented the Findings of Fact for the Shoreline Master Plan
(SMP) for approval. He stated that the Planning Commission held a public hearing on
the proposed SMP at the March 11, 2021 meeting and a formal recommendation of
approval was done at the March 251h meeting. He explained that the approval of the
05-13-2021 Planning Commission Minutes
Page 2 of 2
Findings of Fact will formalize the recommendations that will be made to the City
Council.
Commissioner Robinson moved to approve the Planning Commission Findings of Fact
for the Shoreline Master Program update as presented. There was no discussion. The
vote on the motion was seven in favor, zero against and the motion passed.
IX. GOOD OF THE ORDER: Commissioner Beaulac asked if future Planning Commission
meetings will be held in the Council Chambers. Building Official Nickerson answered that
staff will make a decision regarding public meetings once further direction is received from
Governor Inslee.
X. ADJOURNMENT: Commissioner Haneke moved to adjourn the meeting at 6:19 p.m.
There was no discussion. The vote on the motion was seven in favor, zero against, and the
motion passed.
Bob McKinley, Chair Date signed
Marianne Lemons, Secretary
2
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: May 27, 2021
Item: Check all that apply ❑ old business Z new business ❑ public hearing
❑ information ® study session ❑ pending legislation
AGENDA ITEM TITLE: CTA-202 1 -0001 Batch Code Text Amendment — Study session
GOVERNING LEGISLATION: RCW 36.70A.106, SVMC 17.80.150 and 19.30.040.
PREVIOUS COMMISSION ACTION: None
BACKGROUND: CTA-2021-0001 is a batch code text amendment to clarify that cargo containers are
not allowed in residential zones as an accessory structure and reference the R-4 zone in applicable sections
of the zoning code that were intended to address all residential zones.
Cargo containers: Spokane Valley Municipal Code Section 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 "out of
place". The intent of the code is to prohibit cargo shipping containers in residential zones as an accessory
use. The current code location leads to ambiguity as to whether the provision applies to cargo shipping
containers throughout all residential zones or only cargo shipping containers as an ADU.
The proposed amendment will move the provision to SVMC 19.65.130 — Supplemental Use Regulations,
Residential. This section of the code provides supplemental regulations that apply to accessory structures
in ALL residential zones and will clarify that shipping containers are not permitted as an accessory
structure to a residential use in residential zones.
R-4 Zone: In 2020 the Spokane Valley City Council adopted comprehensive plan amendment CPA-2020-
0007 by ordinance #20-008 that added two policies to guide the development of alternative housing types
along with implementing zoning code amendments. The amendment included creating a new R-4 zoning
district that would provide more housing options for residents near public transit and commercial services.
The amendment also included changes to Title 19, Zoning Regulations, adding development standards for
the new R-4 zoning district that had application in various sections consistent will all the residential zones.
Subsequently it was found that several sections relevant to all residential zones were overlooked during the
amendment process. This amendment will include the R-4 zone in sections related to battery charging
stations, transitional regulations, adult uses, and marijuana uses.
The Building & Planning Division has reviewed the proposed project and has determined that Based on
WAC 197-11-800(19)(a) and the SEPA determination issued on February 21, 2020 for CPA-2020-0007 no
further environmental review is required.
A virtual public hearing on the proposed code text amendment has been scheduled for June 10, 2021 at 6:00
p.m.
RECOMMENDED ACTION OR MOTION: No action recommended at this time.
STAFF CONTACT: Martin Palaniuk, Planner
ATTACHMENTS:
1. Presentation
2. Staff Report CTA-2021-0001
RPCA Study Session for Code Text Amendment CTA-202 1 -0001 Page 1 of 1
Spokane
�OValley,
STAFF REPORT DATE: May 19, 2021
COMMUNITY AND PUBLIC WORKS
BUILDING & PLANNING
STAFF REPORT AND RECOMMENDATION TO THE
PLANNING COMMISSION
CTA-2021-0001
HEARING DATE AND LOCATION: June 10, 2021, beginning at 6:00 p.m., Spokane Valley City Hall
Council Chambers, 10210 East Sprague Avenue, Spokane Valley, Washington 99206.
PROPOSAL DESCRIPTION: The proposed amendment is a City -initiated text amendment to Title 19 of the
Spokane Valley Municipal Code (SVMC). The proposed amendment will move regulatory standards for
cargo shipping containers from SVMC 19.40.030. Accessory dwelling units to SVMC 19.65.130
Residential that addresses residential accessory structures. The amendment also adds the "R-4 zoning
district' throughout Title 19 to achieve consistency with Ordinance #20-008 and #20-009 adopting the 2020
Comprehensive Plan Amendment CPA-2020-0007 and Ordinance #20-009 adopting the Comprehensive
Plan Zoning Map that established the R-4 zoning district as new zone.
APPROVAL CRITERIA: Spokane Valley Comprehensive Plan, SVMC 17.80.150, 19.30.040.
SUMMARY OF CONCLUSIONS: Staff concludes that the proposed amendments to SVMC Title 19 are
consistent with minimum criteria for review and approval, and consistent with the goals and policies of the
Comprehensive Plan.
STAFF CONTACT: Martin Palaniuk, Planner and Lori Barlow, AICP, Senior Planner
ATTACHMENTS:
Exhibit 1: Proposed Text Amendment Language
Exhibit 2: Presentation
Exhibit 3: SEPA exemption determination email — May 4, 2021
BACKGROUND INFORMATION
1. APPLICATION PROCESSING: SVMC Chapter 17.80, Permit Processing Procedures. The
following table summarizes the procedural steps for the proposal.
Process
Date
Department of Commerce 60-day Notice of Intent to
—Adopt Amendment
May 6, 2021
SEPA Review — N/A - see exhibit 3
Published Notice of Public Hearing:
May 21 & May 28, 2021
Cargo Shipping Container Background: 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."
Staff Report and Recommendation CTA-2021-0001
The location of this provision within the development standards for accessory dwelling units is "out of
place". The intent of the code is to prohibit cargo shipping containers as a permitted structure in residential
zones as an accessory use. The current code location leads to ambiguity as to whether the provision applies
to cargo shipping containers throughout all residential zones or only cargo shipping containers as an ADU.
The proposed amendment will move the provision to SVMC 19.65.130 — Supplemental Use Regulations,
Residential. This section of the code provides supplemental regulations that apply to accessory structures
in ALL residential zones. This section within the SVMC clarifies that shipping containers are prohibited
as an accessory structure to a residential use in residential zones.
Staff Analysis. The movement of the code provision does not change the way that cargo shipping
containers are regulated. The change places the provision in the code where it has the broad applicability
intended and clearly states that cargo shipping containers are not an allowed accessory use in residential
zones.
R-4 Background: In 2020 the City of Spokane Valley City Council adopted a comprehensive plan
amendment CPA-2020-0007 by ordinance #20-008 that added two policies to guide the development of
alternative housing types along with implementing zoning code amendments. The amendment included
creating a new R-4 zoning district that would provide more housing options for residents near public transit
and commercial services. The amendment also included changes to Title 19, Zoning Regulations, adding
development standards for the new R-4 zoning district that had application in various sections.
Subsequently it was found that several sections were overlooked during the amendment process and this
amendment will make sure those sections will include the R-4 zone.
Staff Analysis: CPA-2020-0007 established the R-4 Single-family Residential Urban Zone. The R-4 zone
is a single-family residential zone and was intended to be regulated similar to the other single-family zones
relative to battery charging stations, transitional regulations, adult uses, and marijuana uses. Related
updates to sections 19.65, 19.70, 19.75, 19.80, and 19.85 of the SVMC when CPA-2020-0007 was adopted
were overlooked. This creates unintentional inconsistency throughout the SVMC in how the R-4 zone is
regulated as compared to the other single-family residential zones. The proposed amendment will create
consistent regulation applicable to all of the residential zones throughout Title 19. The following table
provides a summary of the change to each section of the SVMC.
Code Section
Summary of change
19.65
Allows a battery charging station as an accessory use to a permitted use in the R-4
19.70
Applies the transitional regulations to MFR development where that development
abuts the R-4 zone. Allows walkway and driveways in the front yard setback of the
R-4 zone. Allows additional height for various structures such as cooling towers,
roof gables, chimneys, and vent stacks in the R-4 zone.
19.75
Adds the R-4 zone to the zones in which the transitional regulations apply. The
regulations include the ground level setback, the upper level setback, and use
regulations that apply to the transitional setback.
19.80
Adds the R-4 zone to areas from which an adult use must remain 1,000 feet
19.85
Add the R-4 zone to zones that allow the production or processing of marijuana by
any person pursuant to state law in a dwelling or accessory structure.
A. 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
Page 2 of 4
Staff Report and Recommendation
CTA-2021-0001
The City may approve a 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:
Goal LU-G4: Ensure that land use plans, regulations, review processes, and
infrastructure improvements support economic growth and vitality.
Policy LU-P5: Ensure compatibility between adjacent residential and commercial or
industrial uses.
Policy LU-P7: Protect residential neighborhoods from incompatible land uses and
adverse impacts associated with transportation corridors.
Policy LU-P9: Provide supportive regulations for new and innovative development
types on commercial, industrial, and mixed -use land.
Staff Analysis: The amendment is consistent with the goals and policies of the
Comprehensive Plan.
(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 amendment will ensure that the
transitional regulation is applied to all instances in which non-residential
development occurs adjacent to residential development in the R-4 zone and ensures
adult and marijuana use regulations will be properly applied in the R-4 zone. The
amendment additionally clarifies that cargo shipping containers are not allowed in
residential zones to protect the quality and character of residential neighborhoods.
b. Conclusion(s): The proposed text amendment is consistent with the approval criteria
contained in the SVMC 17.80.150(F).
3. COMPLIANCE WITH SVMC TITLE 21 — ENVIRONMENTAL CONTROLS
a. SVMC 21.20 - State Environmental Policy Act
The Planning Division has reviewed the proposed project and has determined that Based
on WAC 197-11-800(19)(a) and the SEPA determination issued on February 21, 2020 for
CPA-2020-0007 no further environmental review is required.
2. Finding and Conclusions Specific to Public Comments
a. Findings: No public comments have been received to date.
b. Conclusion(s): Adequate public noticing was conducted for CTA-2021-0001 in accordance
with adopted public noticing procedures.
3. Finding and Conclusions Specific to Agency Comments
a. Findings: No agency comments have been received to date that identified any concerns or
issues.
b. Conclusion(s): No concerns have been noted.
Page 3 of 4
Staff Report and Recommendation
B. CONCLUSION
CTA-2021-0001
For the reasons set forth in Section A, the proposed code text amendment to move regulatory
standards for cargo shipping containers from SVMC 19.40.030, Accessory dwelling units, to SVMC
19.65.130 Residential, that addresses residential accessory structures, and adds the "R-4 zoning
district" throughout Title 19 is consistent with the requirements of SVMC 17.80.150(F) and the
Comprehensive Plan.
Page 4 of 4
19.65.150 Transportation.
Battery Charging Station. Battery charging stations are allowed only as accessory to a
permitted use in the R-1, R-2, R-3, R-41 and P/OS zones.
19.70.020 Residential standards.
Residential development shall meet the standards shown in Table 19.70-1. Standards
for alternative residential development are set forth in Chapter 19.40 SVMC, Alternative
Residential Development Options, and standards for planned residential developments
are set forth in Chapter 19.50 SVMC, Planned Residential Developments.
Table 19.70-1 — Residential Standards
R-1
R-2
R-3
R-4
MFRM
Front and Flanking
35'
15'
15'
15'
15'
Street Yard Setback
Garage Setbackm
35'
20'
20'
20'
20'
Rear Yard Setback
20'
20'
10,
10,
10,
Minimum
Side Yard Setback
5'
5'
5'
5'
5'
Open Space
N/A
N/A
N/A
N/A
10% gross
area(')
Lot Size
40,000 sq.
10,000 sq.
5,000 sq.
4,300 sq.
N/A(4)
ft.
ft.
ft.(6)
ft.
Lot Coverage
30.0%
50.0%
50.0%
60.0%
60.0%
Maximum
Density
1 du/ac
4 du/ac
8 du/ac
10 du/ac
22 du/ac
Building Height(5)
35'
35'
35'
35'
50'
(1)
Where MFR abuts R-1, R-2, ef--R-3, or i -=i zones, development shall comply with the
provisions of Chapter 19.75 SVMC, Transitional Regulations.
(2)
Attached garages, where the garage door does not face the street, may have the
same setback as the primary structure.
(3)
Open space requirement does not apply to single-family development in the MFR
zone.
Single-family residential development in the MFR zone shall have a minimum lot size
(4)
of 2,000 square feet per dwelling unit. Only one single-family dwelling shall be allowed
per lot.
The vertical distance from the average finished grade to the average height of the
(5)
highest roof surface.
(6)
Duplex development in the R-3 zone shall have a minimum lot size of 14,500 square
feet.
19.70.030 Mixed -use and nonresidential standards.
A. Development in the RC, CMU, MU, IMU, and I zones shall meet the requirements set
forth in SVMC Title 24 and Chapter 19.75 SVMC, Transitional Regulations.
B. Nonresidential development in the NC zone adjacent to residential uses shall comply
with the following dimensional standards:
1. Maximum building height of 35 feet;
2. Minimum front yard setback of 15 feet;
3. Minimum side yard setback of 10 feet; and
4. Minimum rear yard setback of 10 feet.
19.70.040 Setback designation and measurement.
A. Except as provided in SVMC 19.70.040(B), each lot shall contain only one front
setback and only one rear setback. Any other setback shall be considered a side
setback.
B. Where lots have double frontage, running through from one street to another, the
required front yard shall be provided on both streets.
C. The city manager or designee is authorized to designate front, rear, and side
setbacks. In situations where the city manager or designee cannot establish a front and
rear setback due to the orientation of the lot, the city manager or designee shall
establish these setbacks based upon orientation of the lot as compared to surrounding
lots and to any existing development pattern. All other setbacks shall be defined in
relation to the established front and rear setback.
D. The setback shall be measured from the property line unless there is a border
easement, in which case, the setback shall be measured from the border easement.
E. Setbacks, when adjacent to a private street or driveway easement, shall be
measured from the inner edges of the street or driveway and are established pursuant
to Table 19.70-1 except the flanking street which is five feet.
19.70.050 Additional standards.
A. Structure intrusions into setbacks are prohibited except:
1. The ordinary projections of window sills, belt courses, cornices, and other
architectural features projecting not more than 12 inches and roof eaves projecting
not more than 24 inches.
2. Minor features of a structure, such as chimneys, fire escapes, bay windows no
more than 12 feet long and which cantilever beyond the foundation of the
structure, uncovered stairways, wheelchair ramps, and uncovered decks or
balconies, may extend into a required setback up to 20 percent of the depth of the
setback. However, these features may not be within three feet of a lot line when a
setback is required.
3. Attached mechanical equipment such as heat pumps, air conditioners,
emergency generators, and water pumps are allowed to project not more than 24
inches into the side or rear setback only.
4. Fences that meet the requirements set forth in SVMC 22.70.020.
5. Walkways and driveways, including parking in the driveway, are allowed in the
front yard setback of R-1, R-2, a4id-R-3, an,j < zones only.
6. Canopies, marquees, awnings, and similar features in mixed -use or
nonresidential zones may fully extend into a front yard setback subject to the
requirements of SVMC Title 24.
B. Supporting member of any garage, carport, portable carport, or other automobile
storage structure shall not be located within the required front yard.
C. Accessory structures shall not be erected within five feet of any rear or side property
line, or be located within the front yard or any public or private easement.
D. Where applicable, structures shall not be erected to a height in excess of that
permitted by SVMC 19.110.030, Airport hazard overlay.
E. In R-1, R-2, a4;4-R-3. =,;;c! zones, cooling towers, roof gables, chimneys, and vent
stacks may extend for an additional height, not to exceed 40 feet, above the average
finished grade of the building. Water stand pipes and tanks, church steeples, domes
and spires, and school buildings and institutional buildings may be erected to exceed
maximum height requirements; provided, that one additional foot shall be added to the
width and depth of front, side, and rear yards for each foot that such structures exceed
the required height.
F. Open space required pursuant to Table 19.70-1 shall be accessible to all residential
units and shall be suitable for active and passive recreational purposes, subject to the
following:
1. The required open space area shall not include required yards, parking areas,
required landscaped areas, stormwater facilities, or required spacing between
structures;
2. The amount of open space may be reduced by up to 25 percent where at least
two of the following amenities are provided:
a. Play or sports courts;
b. Playgrounds with equipment;
c. Trails or pedestrian walkways not required for access to residential units or
parking areas;
d. Swimming pools;
e. Gazebos; or
f. Clubhouses;
3. The required open space shall not be reduced by more than 50 percent.
G. Residential development in nonresidential zones shall comply with the density and
dimensional standards of the MFR zone in Table 19.70-1, except single-family
development in the NC zone, which shall comply with the density and dimensional
standards of the adjacent single-family residential zone. Where the NC zone abuts
multiple single-family residential zones, the zone with the higher density shall apply.
Where there are no single-family residential adjacencies to the NC zone, the density
and dimensional standards of the R-2 zone shall apply.
H. New development exceeding three stories in height shall be served by paved service
lanes that are at least 16 feet in width.
I. The following design standards apply to all outdoor lighting in residential zones:
1. All new development shall provide lighting within parking lots, along pedestrian
walkways, and accessible routes of travel.
2. Lighting fixtures shall be limited to heights of no more than 24 feet for parking
lots and no more than 16 feet for pedestrian walkways.
3. All lighting shall be shielded from producing off -site glare, either through exterior
shields or through optical design inside the fixture, and shall not emit light above
90 degrees.
4. Street lighting installed by the City or other public utilities is exempt from SVMC
19.70.050(I).
J. Principal or accessory structures shall not be located within the clearview triangle
pursuant to Chapter 22.70 SVMC.
19.75.020 Applicability.
A. General.
1. The ground level setback requirements shall apply to any portion of a property
located in the:
a. MFR, RC, CMU, or MU zone that abuts a property located in the R-1, R-2,
e�R-3, or R-4; or
b. I or IMU zone that abuts any property not zoned I or IMU.
2. The upper level setback requirements shall apply to any portion of a property
located in the MFR, RC, CMU, MU, I, or IMU zones.
3. Nonresidential development in the NC zone adjacent to residential zones shall
comply with the provisions of SVMC 19.70.030(B).
B. Exemptions. Wireless communications facilities are not subject to Chapter 19.75
SVMC.
C. The application of transitional regulations may be modified by the city manager or
designee consistent with Chapter 19.75 SVMC.
19.75.030 Transitional regulations.
A. General. The transition shall be provided in the form of a ground level setback of 10
feet, or the applicable setback pursuant to Chapter 19.70 SVMC, Density and
Dimensions, whichever is greater, and an upper level setback as provided in SVMC
19.75.030(A)(2) and illustrated in Figure 19.75-1.
1. All transitional ground level setback areas shall be landscaped pursuant to the
provisions of SVMC 22.70.070.
2. Upper Level Setback Calculation.
a. Starting at a height of 15 feet at the boundary of an R-1, R-2, e�R-3, or R-=1
zone, the building height may be increased at a ratio of one foot of height for
every one foot of horizontal distance from the nearest R-1, R-2, or R-3 zone
boundary. Figure 19.75-1 provides a graphic illustration of this requirement.
b. Where the protected zone boundary is the centerline of a right-of-way, the
horizontal distance calculation in SVMC 19.75.030(A)(2)(a) shall be measured
from the property line of the zone providing protection. Figure 19.75-1
provides a graphic illustration of this requirement.
Figure 19.75-1
C2
T
0 I
I\�`
'f�JA C'
O
\�
36
�
m
oca
e
o I
a
25'
(
15,
Protected Zones
10' min. Zones Providing Protection
setback
B. The following regulations shall apply to the ground level transitional setback areas:
1. Outdoor sales, outdoor seating, or outdoor displays or signage are prohibited
within 30 feet of any R-1, R-2, or-R-3, - : zone.
2. Parking, drive aisles, and/or queuing areas in the RC, CMU, MU, IMU, and I
zones are prohibited within 20 feet of any R-1, R-2, er-R-3. o� P.- . zone. All parking
and drive aisles shall be landscaped and screened pursuant to SVMC 22.70.050
and 22.70.070.
3. Loading areas in the RC, CMU, MU, IMU, and I zones are prohibited within 30
feet of any R-1, R-2, or-R-3. or y - zone.
4. Any mechanical equipment, building vents, and exhausts within the transitional
setback areas shall be visually screened pursuant to SVMC 22.70.070. All building
vents and mechanical equipment exhausts shall be directed away from adjacent
R-1, R-2, or-R-3, or 's--' zone.
5. All outdoor lighting in the transitional setback areas shall be shielded and not
produce off -site glare pursuant to SVMC 22.60.030 and shall be limited to 16 feet
in height above grade.
19.75.040 Ground level transitional use limitations.
A. In the MFR zone ground level transitional setback areas, only the following uses are
permitted:
1. Open space and landscaping.
2. Outdoor recreation areas accessory to residential uses.
3. Parking and parking structures.
4. Club houses.
B. In the ground level transitional setback areas of RC, CMU and MU zones, only the
following uses are permitted:
1. Open space and landscaping.
2. Pedestrian pathways.
3. Outdoor recreation areas accessory to permitted uses on site.
C. In the ground level transitional setback areas of the I and IMU zones, the following
uses are prohibited within 20 feet of a NC, RC, CMU, or MU zone:
1. Agriculture and animal uses located outside of an enclosed building;
2. Heavy industrial uses conducted outside of an enclosed building;
3. Warehouse, wholesale and freight movement uses outside of an enclosed
building; and
4. Transportation uses located outside of an enclosed building.
D. In the ground level transitional setback areas of the I and IMU zones, the following
uses are prohibited within 30 feet of a R-1, R-2, R-3, -4. or MFR zone:
1. Agriculture and animal uses;
2. Heavy industrial uses;
3. Warehouse, wholesale and freight movement uses outside of an enclosed
building;
4. Transportation uses located outside of an enclosed building; and
5. Outdoor storage accessory to any of the above uses unless visually screened
pursuant to SVMC 22.70.070.
19.80.030 Adult use development standards.
A. There shall be five existing acres of contiguous (includes across streets) zoning
classified Regional Commercial.
B. The use shall be located or maintained at least 1,000 feet from the nearest property
line of the use listed in SVMC 19.80.030(B)(1) through (6). Distance shall be measured
from the nearest property line of the adult retail use establishment or adult
entertainment establishment(s) to the nearest property line of the following preexisting
uses:
1. Public library;
2. Public playground or park;
3. Public or private school and its grounds of kindergarten to twelfth grade;
4. Nursery school, mini -day care center, or day care center;
5. Church, convent, monastery, synagogue, or other place of religious worship;
6. Another adult use subject to the provisions of SVMC 19.80.030.
C. An adult retail use establishment or adult entertainment establishment(s) shall not be
located within 1,000 feet of an urban growth area boundary or within 1,000 feet of any of
the following zones:
1. R-1, Single -Family Residential Estate;
2. R-2, Single -Family Residential Suburban;
3. R-3, Single -Family Residential;
4. R-4. Single -Family Residential Urban:
45. MFR, Multifamily Residential;
a6. MU, Mixed Use;
67. CMU, Corridor Mixed Use; or
7-8. NC, Neighborhood Commercial. (Ord. 16-018 § 6 (Att. B), 2016).
19.85.060 Marijuana production and processing in residential zones.
Washington State law authorizes qualified patients and designated providers to produce marijuana and
to process marijuana in dwellings, residences, domiciles, and similar housing units under limited
circumstances and with limited processing methods. Subject to applicable federal, state, and local laws,
any owner, lessor, or leasing agent may request or require disclosure of a renter's or lessee's desire to
produce or process marijuana within a rented or leased dwelling unit. In addition to compliance with
any applicable state or federal laws and regulations, lawful production or processing of marijuana by any
person in a dwelling, residence, domicile, or other similar housing unit shall be subject to all locally
applicable land use, development, zoning, and building regulation requirements including, but not
limited to, all applicable requirements set forth in SVMC Titles 17 through 24 as the same are now
adopted or hereafter amended, and the following regulations:
A. Any home production or processing of marijuana by any person pursuant to state law shall not be
permitted outside of the dwelling or accessory structure;
B. Any home production or processing of marijuana by any person or allowed by state law in a dwelling
or accessory structure shall be enclosed, blocked, or sight -screened from the public right-of-way and
from adjacent properties so that no portion may be readily seen by normal unaided vision or readily
smelled from such locations. Accessory structures shall be permanent structures enclosed by a roof and
walls on all sides and connected to a permanent foundation. For purposes of SVMC 19.85.060, accessory
structures shall not include cargo containers, recreational vehicles, or other similar types of structures.
Accessory structures shall be completely opaque in addition to necessary sight -screening;
C. Home processing of marijuana shall not involve any combustible method and shall comply with all
federal, state, and local laws and rules, including all standards adopted by the Washington State Liquor
and Cannabis Board; and
D. Production or processing of marijuana by any person pursuant to state law in a dwelling or accessory
structure shall only be allowed in the R-1, R-2, a444-R-3, :ind c-�i zones.
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.
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.
19.65.130 Residential.
A. Accessory Structures.
1. The combined building footprint of all accessory permanent structures in residential zoning Formatted: Indent Left 0.5"
districts shall be:
a_d—Up to 1,000 square feet for parcels up to 10,000 square feet in size; or
b. 2-.-Up to 10 percent of the lot size for parcels greater than 10,000 square feet in size.
2. Careo shiooine containers and similar enclosures are not a oermitted accessory structure in
anv residential zonine district.
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.
' Formatted: Indent First line: 0.5"
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.
1. 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;
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.
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From: Lori Barlow
To: Martin Palaniuk
Subject: RE: CTA-2021-0001 Batch Amendment
Date: Tuesday, May 4, 2021 9:42:29 AM
Attachments: Threshold Determination (DNS) - Sianed.odf
Marty,
Based on WAC 197-11-800(19)(a) and the SEPA determination issued on February 21, 2020 for CPA-
2020-0007 no further environmental review is required. The exact languge for WAC 197-11-800(19)
(a) is listed below. Please add this ernail and the attached DNS for CPA-2020-0007 to the project
file.
WAC 197-11-800(19) Procedural actions. The proposal, amendment or adoption of legislation, rules,
regulations, resolutions or ordinances, or of any plan or program shall be exempt if they are:
(a) Relating solely to governmental procedures, and containing no substantive standards respecting
use or modification of the environment.
Thanks — Lori
Lori Barlow, AICP I Senior Planner, Community and Public Works Department
10210 E. Sprague Avenue I Spokane Valley, WA 99206
(509) 720-5335 1 LBarlow@sookanevallev.or
www.spokanevalley.org
This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act. chapter
42.56 RCW.
From: Martin Palaniuk <mpalaniuk@spokanevalley.org>
Sent: Tuesday, May 4, 2021 7:57 AM
To: Lori Barlow <Ibarlow@spokanevalley.org>
Subject: CTA-2021-0001 Batch Amendment
Lori,
I have reviewed the attached checklist together with the staff report for CPA-2020-0007. Section D,
Supplemental Sheet for Non -project Actions of the environmental checklist and the associated
review contemplated the impacts of the increased density permitted within the R-4 zoning district.
The omission of the R-4 zoning district reference throughout various chapters of Title 19 was an
oversight during the comprehensive plan amendment CPA-2020-0007. Please confirm that further
environmental review of the addition of the R-4 reference to the SVMC through CTA-2021-0001 is
not warranted given the environmental review provided for CPA-2020-0007.
The second part of the batch amendment would move the cargo shipping container language from
SVMC 19.40.030 Development standards —Accessory dwelling units to SVMC 19.65.130.A Accessory
Structures. This change results in no substantive changes respecting use or modification of the
environment and may be exempt from the threshold determination pursuant to WAC 197-11-
800.19.B. Please confirm that the second part of the batch amendment is exempt pursuant to WAC
197-11-800.19.E
Marty
Martin Palaniuk / Planner
10210 E. Sprague .Avenue / Spokane `Valley, -WA 99206
(509) 720-5031 / int7alani7,tk@sbokaiievalley
ne
,;oOValley.
This email and any attachments may be subject to disclosure pursuant to
-Washington State's Public Record Act, chapter 42.56 RC-W.
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: May 27, 2021
Item: Check all that apply ❑ old business
® information
FILE NUMBER: N/A
❑ new business ❑ public hearing
❑ study session ❑ pending legislation
AGENDA ITEM TITLE: Tiny home informational presentation
GOVERNING LEGISLATION: SVMC 19.40, SVMC 24.40, RCW 19.27
BACKGROUND: Title 24 adopts the Washington State Building Codes and amendments to such code
per Revised Code of Washington (RCW) 19.27.031 and 19.27.040. Chapter 19.40 SVMC addresses the
minimum size of an accessory dwelling unit as well as standards for manufactured homes on individual
lots and/or within manufactured home parks. The term `tiny home' is used to describe a variety of
structures, including small site -built homes, manufactured/mobile homes, recreational vehicles, homes
constructed on a trailer/chassis, and converted sheds. During this presentation, staff will discuss the
regulations related to the various types of structures which may be referred to as tiny homes and describe
how each type of structure would be regulated in the City of Spokane Valley.
RECOMMENDED ACTION OR MOTION: Informational item only; no action necessary.
STAFF CONTACT: Jenny Nickerson, Building Official.
ATTACHMENTS:
1. Powerpoint presentation.
RPCA Public Hearing — CTA-2020-0004 Title 24 Building Codes Regulations Code Text Amendment Page I of 1
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