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2021-06-10 Agenda Packetx., CITY OF Vaikj� Spokane Valley Planning Commission Regular Meeting Agenda City Hall Council Chambers, 10210 E. Sprague Ave. June 10, 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 wisliin z to make comments will need to email planrtiniy,(czi?spokanevallev.org prior to 4:00 pm the day of the meetinz in order to be to speak during the comments period during the meeting. Comments can also be emailed. Send an email to_ plaiitiingtiz�;spokanevalley.M and comments will be read into the record or distributed to the Commission members through email. 3. LINK TO ZOOM MEETING INFORMATION: https://spokanevalley.zoon3.us/i/9395079l 1.61 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. ROLL CALL 6. APPROVAL OF AGENDA 7. APPROVAL OF MINUTES: May 27, 2021 8. COMMISSION REPORTS 9. ADMINISTRATIVE REPORT 10. PUBLIC COMMENT: On any subject which is not on the agenda. 11. COMMISSION BUSINESS: a. Public Hearing: CTA-2021-0001 — Batch Code Text Amendment 12. FOR THE GOOD OF THE ORDER 13. ADJOURNMENT Meeting Minutes Spokane Valley Planning Commission Council Chambers — City Hall May 27, 2021 I. Planning Commission Chair Bob McKinley called the meeting to order at 6:01 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 Cary Driskell, City Attorney Karl Granrath Caitlin Prunty, City Attorney Walt Haneke Jenny Nickerson, Building Official Bob McKinley Martin Palaniuk, Planner Nancy Miller Taylor Dillard, Administrative Assistant Paul Rieckers Sherri Robinson III. AGENDA: Commissioner Robinson moved to approve the May 27, 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 moved to approve the May 27, 2021 minutes as presented. 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: There was no administrative report. VII. PUBLIC COMMENT: There was no public comment. VIII. COMMISSION BUSINESS: a. Study Session: CTA-2021-0001— Batch Code Text Amendment City Planner Martin Palaniuk gave a presentation on the proposed City -initiated text amendment to Title 19 of the Spokane Valley Municipal Code (SVMC). He stated that the amendment is to clarify that cargo containers are not allowed in residential zones as an accessory structure and referenced the R-4 zone in applicable sections of the zoning code that were intended to address all residential zones. Mr. Palaniuk explained that SVMC 19.40.030(D)(6) has details regarding cargo containers under the Development Standards — Accessory Dwelling Units (ADU) section of the code. 05-27-2021 Planning Commission Minutes Page 2 of 3 He stated that staff feels that the current code location causes ambiguity as to whether the provision applies to cargo shipping containers throughout all residential zones or only shipping containers used 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 in residential zones. Mr. Palaniuk also explained that in 2020, the City Council adopted a comprehensive plan amendment that created the R-4 zoning district. The amendment also included changes to Title 19, Zoning Regulations, which added development standards for the new zoning district. He stated that since the adoption of the amendment staff has found that several sections relevant to all residential zones were overlooked including sections related to battery charging stations, transitional regulations, adult uses, and marijuana uses. The proposed amendment will fix these items throughout the residential zones. He stated that there are no regulatory requirements being added to the zones and the proposed change is to keep the code consistent. Commissioner Haneke asked if the "POD" containers are allowed for temporary storage due to a remodel. Building Official Nickerson answered that they are allowed if the resident procures a "Temporary Use Permit". However, they are not allowed to be used for a long- term storage or as a storage shed. Actual cargo shipping containers would not qualify for a temporary use permit because they are prohibited by the code in all residential zones. Mr. Palaniuk said that the public hearing for this proposed code text amendment will be held on June 10, 2021. b. Presentation: Tiny Homes Building Official Jenny Nickerson gave an informational presentation regarding tiny homes. She explained that the Spokane Valley Municipal Code (SVMC) does not define the minimum size of a dwelling unit so a tiny home is just a single-family dwelling unit by classification. However, there are regulations regarding accessory dwelling unit stating that the unit cannot be smaller than 300 square feet. The International Residential Code (IRC) states that a dwelling is required to contain a habitable room of at least 70 square feet and it does not require that the bathroom be a separate room. In February 2021, Washington State adopted a portion of IRC Appendix Q which specifically addresses tiny houses. It states that a tiny house is defined as a home that is less than 400 square feet, excluding lofts. A loft is defined as a floor level above and open to the main floor with a ceiling height of less than 6' 8". Ms. Nickerson explained that a tiny home constructed on -site requires a simple building permit. If a tiny home is constructed off -site, a permit is required at the construction location. If the tiny home is built onto a trailer, it is classified as a recreational vehicle (RV) and a permit from Labor & Industries is required. If a tiny home is built in a factory, it is classified as a manufactured home or park model RV. If a shed is converted to a tiny house, a simple building permit is required for both the shed and the conversion. Ms. Nickerson stated that a tiny home constructed on site must be designed in accordance with Washington Building Code and go through the typical building permit process (as long as it meets the zoning requirements and the building code requirements). The dwelling unit 19 05-27-2021 Planning Commission Minutes Page 3 of 3 may be as small as 70 square feet and can be designed to be removed from foundation and transported. A tiny home constructed in a factory is regulated by the Washington State Labor and Industries Factory Assembled Structures division. The local building department regulates the anchoring of the home to a foundation or footing system. Tiny homes constructed on a trailer rarely meet the minimum standards and are commonly licensed as an RV. Commissioner Miller commented that she thinks there should be a minimum square foot requirement on the primary dwelling unit on a property (like there is for accessory dwelling units). IX. GOOD OF THE ORDER: Commissioner Granrath commented that he was excited to see that the City of Spokane Valley purchased land to be added to the parks system. Commissioner Robinson stated that she is excited that the Balfour Park expansion and the Library construction is moving forward. X. ADJOURNMENT: Commissioner Haneke moved to adjourn the meeting at 6: 53 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 3 CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: June 10, 2021 Item: Check all that apply ❑ old business ® new business ® public hearing ❑ information ❑ study session ❑ pending legislation AGENDA ITEM TITLE: CTA-202 1 -0001 Batch Code Text Amendment — Public Hearing GOVERNING LEGISLATION: RCW 36.70A.106, SVMC 17.80.150 and 19.30.040. PREVIOUS COMMISSION ACTION: Study Session conducted on May 27, 2021. BACKGROUND: CTA-202 1 -0001 is a batch code text amendment to relocate the regulations governing cargo containers from the Alternative Residential Options section of the code to the Supplemental Use Regulations section and add a reference to 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. RECOMMENDED ACTION OR MOTION: Conduct the public hearing and deliberate on the proposed amendment. The Planning Commission will adopt findings and make a recommendation on the amendment to City Council on June 24, 2021. An example motion for approval of the proposed amendment is "I move to recommend City Council approve CTA-202 1 -0001 as presented." STAFF CONTACT: Martin Palaniuk, Planner RPCA Public Hearing for Code Text Amendment CTA-2021-0001 Page 1 of 2 ATTACHMENTS: 1. Staff Report CTA-2021-0001 2. Proposed Amendment Language 3. Power Point Presentation 4. SEPA Exemption Determination Email RPCA Public Hearing for Code Text Amendment CTA-2021-0001 Page 2 of 2 STAFF REPORT DATE: May 19, 2021 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. StaffAnalysis: 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-202 1 -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-,,",,,,_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 MFR(I) Front and Flanking 35' 15' 15' 15' 15' Street Yard Setback Garage Setback(2) 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(3) Lot Size 40,000 sq. 10,000 sq. 5,000 sq. 4,300 sq. N/A(4) 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(6) 35' 35' 35' 35' 50' Where MFR abuts R-1, R-2, er-R-3___, zones, development shall comply with the (1) provisions of Chapter 19.75 SVMC, Transitional Regulations. Attached garages, where the garage door does not face the street, may have the (2) same setback as the primary structure. Open space requirement does not apply to single-family development in the MFR (3) 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. Duplex development in the R-3 zone shall have a minimum lot size of 14,500 square (6) 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, a444-R-3. , 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, agd-R-3F_ ­ 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, 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, sF--R-3 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 g I 46 NO 25' a- 15, Protected Zones 10, min, Zones Providing Protection setback M� 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, e-F-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, Gr-R-3 - i-'� -� zone. All parking and drive aisles shall be landscaped and screened pursuant to SVIVIC 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, Gr--R-3, zone. 4. Any mechanical equipment, building vents, and exhausts within the transitional setback areas shall be visually screened pursuant to SVIVIC 22.70.070. All building vents and mechanical equipment exhausts shall be directed away from adjacent R-1, R-2, of-R-3, zone. 5. All outdoor lighting in the transitional setback areas shall be shielded and not produce off -site glare pursuant to SVIVIC 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, _----.,,.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. MFR, Multifamily Residential; 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, and-R 3 __ ._ , 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 S. 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. Nome 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. FpgidpAtial g ai-4vi�. 19.65.130 Residential. A. Accessory Structures. The combined building footprint of all accessory permanent structures in residential zoning -- Formatted: Indent Left 0.5" districts shall be: ^_.:_4.Up to 1,000 square feet for parcels up to 10,000 square feet in size; or ,__2-Up to 10 percent of the lot size for parcels greater than 10,000 square feet in size. 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. J. 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. ►`J - 0 I ■ x i '(D N .a } i a1 O 0 -a 13 a = ,= :D O a M O a = N Q Q N v c -Q t 4- o Q o s £ 0=a �N 0 = a a � as v u } ;� a 4- 4- O N = N O C z ID v a Q. i ._ i= �3 O i � � tN N v � U o •• O v V N N 7 y a 0 = O r = a O V O N V O N 0u If '3 O O = v v v O = v ,,. a o = } _0 Q c a , v 0 v O —= a 3 O = ( v 5 0 V _ O a� N� •" _ _ a y- V v= a v= O O y T N v 4: v V — i- 4- Q o a � E = v o 0 k N N a' ` N � -- 4-V E 1V . N 4-+- v r\/ +- _ >. 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Irmiw *.a a) W -1 4-J 4-J u .In c 4- E 0 aC 0 4 c 0 cu taA -0cu 0 0 V) _0 co iL ra ❑r7 m m co iL ra ❑r7 m m From: Lori Barlow To: Martin Palaniuk Subject: RE: CrA-2021-0001 Batch Amendment Date: Tuesday, May 4, 2021 9:42:29 AM Attachments: Threshold Determination (DNS) - Sianed Pdf Mai v» B a t r r• � , -% 8 -- 1.x.1.C.(_ ?rj t- rr�,l_ 1 r -11 t�j' ! `); 1, �.i i..;..�>i;PA r -A `.I. s„lal.4t.)I; ;i.l.:. 7 on l } .:..i<;l yI .1 t'( ._f ,ts! CPA- ,'_ ; 7 fs..? I"t,,s rY3s) flw.. Ii1st,..� csI r4 � jgzt:yr zt e` Ltd .._'t the _xact ;�;ig1 ,', tilt �L�, i4 ; p E_ t 1 i `�1 (a) ', hiller r,ef )`.fir. }Sr c..E. u. :) ti ..'.:;c.. and the ckUac s,,s{ 10 it _',PA-2020-, s 7 "U `.11 ' . rs-CJC r. W 4 �r 1. tl�ti }; - ,� ,_'1 si`.eIC,r �� �,. C.�j i:r r �l�,i ,,?r?C�.{vsi ,i i � c�u ,,4, r "r v IE. J;i :i :i ,x s:r,i.:x. .}i `T h i 3ry ..fie ti ,c w) ' i t..i fir .. r � = ` m ,..rdu 'Jr ..r va "<' i .a K1G` s c� e nvi Lori Barlow, AICP I Senior Planner, Community and Public Works Department 10210 E. Sprague Avenue I Spokane Valley, WA 99206 (509) 720-5335 1 LQarlow@sookanevalley org wwvy. spg Ea n eva l l ey. Q rg Wssningon ; 5 PuecxdIA.1-t. chap ter 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- 800.19.8. 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. S_prague Avenue / Spokane Valley, `tiVVA 992o6 (509) 720-5031 / m iukCbspokanevalley or4 [�(IYt YJ ne A,, I ley - This email and any attachments may be subject to disclosure pursuant to Washington State's Public RecordAct, chapter 42.56 R.C'W-