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2022-04-28 PC SIGNED APPROVED MINUTESMeeting Minutes Spokane Valley Planning Commission Council Chambers — City Hall April 28, 2022 I. Planning Commission Chairman Bob McKinley called the meeting to order at 6:00 p.m. The meeting was held in person. II. Administrative Assistant Deanna Horton took attendance, and the following members and staff were present: Fred Beaulac Cary Driskell, City Attorney Susan Delucchi Chaz Bates, Planning Manager Karl Granrath Deanna Horton, Administrative Assistant Walt Haneke Lori Barlow, Senior Planner Bob McKinley Eric Robison, Homeless & Housing Coordinator Nancy Miller Sherri Robinson III. AGENDA: Commissioner Haneke moved to approve the April 28, 2022 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 April 14, 2022 minutes as submitted. Commissioner Robinson stated that she would like the minutes to be resubmitted at the next meeting due to content error. She would like to wait until the next meeting when Planning Commission Secretary Marianne Lemons is available to address the effors. The vote on the motion was zero in favor, and seven against and the motion did not pass. The minutes will return for approval at the next meeting. V. COMMISSION REPORTS: Commissioner Robinson reported that she recently assisted at a fundraiser for NAOMI Community. VI. ADMINISTRATIVE REPORT: Senior Planner Bates stated that after conversations with City Administrative Staff and a review of the Planning Commission Code Of Conduct procedures, it has been determined that Planning Commissioners are not allowed to participate in meetings via ZOOM. It is required that Planning Commissioners appear in person now that the meetings have moved back to Council Chambers. Mr. Bates requested that Planning Commissioners let staff know ahead of time if they are unable to attend a meeting. VII. PUBLIC COMMENT: There was no public comment. VIII. COMMISSION BUSINESS: 04-28-2022 Planning Commission Minutes Page 2 of 5 a. Study Session: CTA-2022-0001— Community Services Regulations Senior Planner Lori Barlow presented proposed permanent regulations governing transitional and emergency housing. She explained that the regulations were prompted by the adoption of House Bill (HB) 1220 that was passed by State Legislation in 2021. HB 1220 requires that Washington cities plan for affordable housing in their next Comprehensive Plan update. It also states that the City cannot prohibit transitional housing and permanent supportive housing in any zones where residential dwellings or hotels are allowed and cannot prohibit emergency housing and emergency shelters in any zone where hotels are allowed. HB 1220 does allow cities to adopt reasonable occupancy, intensity of use, and spacing standards to promote public health and safety but cities must allow enough transitional or emergency housing to meet current and projected needs. Ms. Barlow explained that the City regulations prior to July 20, 2021 allowed transitional housing only in the Multi -Family (MFR) zone through a conditional use permit process. This regulation is in direct conflict with HB1220. Therefore, the City adopted Ordinance 21- 009 regarding interim regulations that were to remain in effect for one year until permanent regulations are adopted. Ms. Barlow stated that staff was presenting draft permanent regulations that would replace the previous interim regulations (that will be entirely removed from the code upon expiration). The draft regulations will establish Chapter 19.45 "Community Services." It will establish definitions for the following: Emergency Housing, Emergency Shelter, Permanent Supportive Housing, Transitional Housing and Transitional Parking. It will also add uses to the Permit Type and Land Use Application Table, it will modify the "Permitted Use Matrix" in the code to provide for uses in zones required by HB 1220, and it will identify uses that are subject to Spokane Valley Municipal Code (SVMC) supplemental use regulations. She mentioned that "Transitional Parking" was not included in the interim regulations. Ms. Barlow explained the definitions as outlined in the draft code and gave detail on the definitions that were modified and/or deleted from the interim regulations. She also explained the changes to Table 17.80-1 regarding Permit Procedures and the Permitted Use Matrix. She explained that the newly added items are all "Type 2" permits which are approved administratively by staff. Staff can approve, approve with conditions, or deny the applications based on the application meeting the outlined criteria of the code. The permit procedure also outlines the notification process. A "Type 2" permit requires a notice of application with a comment period and a notice of decision must be issued by the City. Ms. Barlow outlined detail regarding the application requirements and standards. When an application is received it must include the following: identification of sponsors/agencies and their experience, an operations plan, an access to services map, an interior space plan, and a parking plan. The operations plan must detail staff contacts, a site management plan, a site maintenance plan, occupancy policies and code of conduct, an outreach plan, record keeping and confidentiality, and a coordination plan with street outreach teams to ensure space availability. If the facility is proposing a transitional parking program, they would also have to provide a site plan showing where parking will occur, a restroom and handwashing stations, and details regarding overnight/day use. Ms. Barlow explained the standards and requirements that each application will have to meet. The facility must meet all local development, zoning and building codes, occupancy is limited to twenty adults in the non-residential zones and ten adults per dwelling unit in the residential zones, the facility must comply with Spokane County Health requirements, the 04-28-2022 Planning Commission Minutes Page 3 of 5 facility must have adequate trash receptables, the parking must be approved by the City, there must be onsite supervision, children are not allowed without a parent/guardian, and 24-hour points of contact are required. There are also requirements stating that there is a minimum of one mile spacing between facilities. The transitional parking program requirements include onsite access to restroom and handwashing stations, parking for organizations must be maintained and recreational vehicles are prohibited. Ms. Barlow stated that the public hearing for the proposed permanent regulations will be held at the next Planning Commission meeting for review and recommendation. Commission Delucchi asked if there is a definition for recreational vehicle (RV) and asked why living in an RV is prohibited. Ms. Barlow answered that there is a definition for recreational vehicle in the code. Homeless and Housing Coordinator Eric Robison answered that prohibiting recreational vehicles was determined by reviewing other communities parking projects. In those communities it was found that it was very hard to keep track of the individuals living in RV's and enforcing safety protocols. It was also found that the people living in RV's are less interested in moving into permanent housing than those living in vehicles. The proposed transitional parking intent is to allow a temporary housing solution and an RV could be used for long-term housing. Commissioner Delucchi asked about exterior lighting being excluded from transitional parking. Ms. Barlow answered that it was removed from the code because the lighting requirement was more geared towards planned encampments, but she stated that requirements for lighting could be added if the Planning Commission wanted. Commissioner Haneke asked if it would be possible to allow RV's but limit the time that they are allowed to park. Mr. Robison answered that time limits were discussed but there are situations where a person could be waiting for a significant amount of time to get into permanent housing and that could cause problems in these transitional parking areas. Mr. Haneke expressed that if people are allowed to live in their vehicles while waiting for a permanent home, an RV isn't much different. Commissioner Miller asked how the transitional parking would be monitored. Ms. Barlow answered that the parking areas would have to comply with all the rules and requirements just like the other housing solution types. Commissioner Beaulac asked about putting the housing types in the "industrial" zones. He expressed concern that these facilities would not be a good fit in these areas. Ms. Barlow answered that according to HB 1220, these types of facilities must be allowed in any zone where hotels are allowed and hotels are allowed by the code in the industrial zone. Commissioner Beaulac asked if these facilities will be required to report using the Community Management Information System (CMIS) and Coordinated Entry Program. Ms. Barlow responded that the new regulations state that all entities must report regardless of whether they are private or publicly funded. Commissioner Delucchi asked about people living in semi -trucks being allowed in transitional parking. Ms. Barlow answered that semi -trucks were not specifically considered but the regulations have a limit of 20 adults in non-residential zones and 10 adults in residential zones. Staff feels that the monitors of these sites will probably restrict semi - trucks to allow for the maximum adults to park in the space. Commissioner Miller asked about the one mile spacing of facilities. Ms. Barlow clarified that only type of facility can be built within a mile of another. According to the proposed 04-28-2022 Planning Commission Minutes Page 4 of 5 language, the different housing types cannot be combined into one facility. Each type of housing must be at least one mile apart. Commissioner Miller expressed that she would like something in the code regarding overbuilding of these types of facilities. She stated that she doesn't think a new one should be allowed if the current ones aren't running close to capacity. Mr. Robison responded that these facilities are expensive to build and typically if two facilities are being built in a similar location, they are generally serving a different population or providing different services. Commissioner Haneke answered about the notification process to the adjacent property owners. Ms. Barlow answered that according to Type 2 permitting regulations, a notice of application and a notice of decision is sent to the adjacent property owners. Commissioner Haneke asked if the notification is just adjacent properties or all properties within 400 feet of the proposed location. Ms. Barlow answered that the notice is only sent to the immediately adjacent properties. Commissioner Haneke expressed that he would like to see additional notices sent to residents. Commissioner Granrath asked about the determination of "experience" that is specified as a requirement. Mr. Robison answered that running a shelter is very difficult and the City wants to make sure that the applicant or their designees have some sort of knowledge and experience in this area. Commissioner Granrath asked if the City will impose conditions regarding fencing, landscaping, etc. to help mitigate the impact on surrounding areas. Ms. Barlow answered that the proposed language in 19.45.060 regarding "Waivers and Decisions" states that the City can impose conditions to minimize nuisance -generating features and mitigate potentially adverse operational characteristics. It also states that if adequate mitigation is not possible, the City can deny the application. Commissioner Robinson asked if there is a plan to get information out to the public regarding this new regulation. Ms. Barlow answered that the City is following the procedural process of publishing the public hearing notice, notifying stakeholders/agencies/providers and holding the public meetings. Mr. Robison responded that there has been some communication with the community about the City's plan for addressing homelessness and he hopes to increase that communication in the future. Commissioner Robinson commented that she would like to see more notification to the public and the Parks Department of the decisions being contemplated or made to get more community "buy in". A brief recess was called at 7:25 p.m. The meeting was called back to order at 7:35 p.m. Commissioner Delucchi asked if the City has an issue with RV's being parked on the street. Mr. Robison answered that RV's being parked on the street and people living in RV's is a challenge for the City and Law Enforcement. City Attorney Driskell responded that the code does have restrictions in the code regarding camping in the right-of-way and the City Council will be reviewing stricter guidelines regarding parking on the street and junk vehicles for possible adoption. Ms. Delucchi commented that she would like to see the City reconsider prohibiting RV's. Commissioner Haneke asked if the Planning Commission could give suggested changes to staff to make to the proposed language to be brought back to the next meeting. Ms. Barlow answered that the public hearing has already been advertised and any changes to the proposed draft language will have to be made via motion during the public hearing. A public hearing will be held on this matter at the May 12, 2022 meeting. 04-28-2022 Planning Commission Minutes Page 5 of 5 IX. GOOD OF THE ORDER: Commissioner Beaulac asked if it would be possible to send a recommendation to the City Council to change the official paper of record from the Spokane Valley Herald to the Spokesman Review. City Attorney Driskell answered that staff would discuss the matter and figure out the best way to get the information to the City Council. Chairman McKinley stated that he will not be able to attend the May 12, 2022 Planning Commission meeting. X. ADJOURNMENT: Commissioner Beaulac moved to adjourn the meeting at 8:10 p.m. The vote on the motion was seven in favor, one against, and the motion passed. Bob McKinley, Chair Marianne Lemons, Secretary 0� z 7 Date Signed