Loading...
2022-05-12 PC SIGNED APPROVED MINUTESMeeting Minutes Spokane Valley Planning Commission Council Chambers — City Hall May 12, 2022 I. Planning Commission Vice -Chairman Sherri Robinson called the meeting to order at 6:00 p.m. The meeting was held in person and via ZOOM meetings. II. The Commissioners, staff, and audience stood for the Pledge Of Allegiance III. Planning Commission Secretary Marianne Lemons took attendance, and the following members and staff were present: Fred Beaulac Susan Delucchi Karl Granrath, absent Walt Haneke Bob McKinley, absent Nancy Miller Sherri Robinson Cary Driskell, City Attorney Tony Beattie, City Senior Deputy Attorney Chaz Bates, Planning Manager Lori Barlow, Senior Planner Marianne Lemons, Administrative Assistant There was consensus from the Planning Commission to excuse Chairman McKinley and Commissioner Granrath. IV. AGENDA: Commissioner Beaulac moved to approve the May 12, 2022 agenda as presented. There was no discussion. The vote on the motion was five in favor, zero against and the motion passed. V. MINUTES: Commissioner Haneke moved to approve the April 14, 2022 minutes as submitted. There was no discussion. The vote on the motion was five in favor, zero against and the motion passed. Commissioner Delucchi requested a change to page three, paragraph eight to include language about people living in their semi -trucks. Commissioner Robinson requested a change to page 4, paragraph 5 to include notification to the Parks Department to get more "buy -in". Commissioner Haneke moved to approve the April 28, 2022 minutes as amended. There was no discussion. The vote on the motion was five in favor, zero against and the motion passed. VI. COMMISSION REPORTS: There were no Planning Commissioner Reports. VII. ADMINISTRATIVE REPORT: City Attorney Cary Driskell introduced Tony Beattie as the new Senior Deputy City Attorney. VIII. PUBLIC COMMENT: There was no public comment. 05-12-2022 Planning Commission Minutes IX. COMMISSION BUSINESS: Page 2 of 6 a. Public Hearing: CTA-2022-0001— Community Services Regulations The Public Hearing was opened at 6:09 p.m. 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 and 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 indirect 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 presented the draft permanent regulations to 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 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 HB1220, 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 but has been added in the draft permanent regulations. Ms. Barlow explained the definitions as outlined in the draft code and gave details on the definitions that were modified and/or deleted from the interim regulations. She explained the changes to Table 17.80-1 regarding Permit Procedures and the Permitted Use Matrix. She also explained the addition of Chapter 19.65.035 regarding Community Services - Supplemental Use Regulations. Ms. Barlow stated that Chapter 19.45 outlined the purpose of the chapter and the applicability (which applies to all five uses). It stipulated that the permit type is a Type II permit that is administratively approved and notice is required. It stated application requirements and standards plus requirements for data entry into regional Homeless Management Information System (HMIS). It stated that the City can approve, approve with conditions, and deny permits. It also stated that the City can impose conditions to address nuisance and adverse operational impacts. Ms. Barlow described the details regarding the application contents. 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 05-12-2022 Planning Commission Minutes Page 3 of 6 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 to be approved. 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 facility must have adequate trash receptacle, 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 that state 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. Commissioner Beaulac asked if a residential Homeowner's Association (HOA) can adopt covenants or restrictions to prohibit the housing types. Mr. Driskell stated that state law would supersede any HOA adoptions. The matter was opened to public comment. Joe Ader (Spokane resident representing Family Promise of Spokane) stated that he is in favor of the regulations. He explained that Family Promise works with families dealing with homelessness and they attempt to get those families into permanent housing. The City of Spokane Valley had more than 700 homeless students during the school year. Family Promise would be interested in providing a "neighborhood site" for transitional housing. They currently have five of these locations throughout Spokane County and they are extremely successful. He stated that the one -mile requirement would make establishing a location that is located near schools that are referring a lot of students to their organization. He fears that the restriction of one mile would make that very difficult. He requested that the City allow for a variance or waiver process for potential locations that won't cause a negative public impact. Jennifer Wilcox (Spokane Valley resident) stated that she is an advocate for people experiencing homelessness or difficulty accessing affordable housing. She said that she feels that Spokane Valley should create their own plan and not solely rely on the surrounding areas for homeless services. She stated that she is in favor in the adoption of the code text amendment because the amendment is critically needed to ensure permanent regulations. She feels that the amendment will improve public safety and preserve the City's culture and growth management plan while improving the quality of life for life for the City's most vulnerable residents. There was no additional public comment offered. The public hearing was closed at 6:50 p.m. Commissioner Delucchi asked if the regulations will apply to churches. Ms. Barlow answered that if a church is establishing a facility that meets the definition of the code, it would have to comply with the requirements. However, there are some special circumstances regarding churches that will be taken into consideration at the time of application. 05-12-2022 Planning Commission Minutes Page 4 of 6 Commissioner Delucchi relayed information from publications regarding transitional parking lots. She stated that she would like recreational vehicles (RV's) to be allowed in the transitional parking zone. Commissioner Miller expressed concern of overbuilding of like facilities. She stated that she would like to include a recommendation that a new facility cannot be built until other "like" facilities are at maximum occupancy. Commissioner Haneke asked about parking lot lighting. Ms. Barlow answered that there was a requirement in the interim regulations regarding lighting, but it was removed in the draft permanent regulations because the building code addresses lighting. Mr. Haneke stated that he would like to re -add the requirement regarding lighting in parking lots of the facilities and transitional parking lots so that the lots are extremely well lit and there are no areas that aren't visible. Commissioner Haneke asked if security cameras are required. Ms. Barlow answered that security cameras are not included in the draft language. Mr. Haneke expressed he would like to add language requiring security cameras. Commissioner Haneke asked about the noticing process for surrounding neighbors. Ms. Barlow answered that there are two noticing requirements built into the code as presented. 1) The Type II permit requires notice to be sent to adjacent property owners. 2) In Chapter 19.45.030.2, an outreach requirement is included that states that notice must be sent to all property owners and residents within 400 feet of the proposed site. Ms. Barlow clarified that outreach is not required until after the application is approved. Commissioner Haneke asked if it would be possible to send out notification to all properties within a 400-foot radius at the time of application, even though it's not required by the Type II permitted process. Senior Planner Bates responded that changing the noticing requirement for one type of use could cause an "appearance of unfairness" to the specific use and cause confusion within the code making it difficult to interpret. Commissioner Haneke asked if the permit type could be changed to a Type III permit. Attorney Driskell answered that changing to a Type III permit for these types of uses would make the process inconsistent with State Law. The draft code as presented is consistent and is outlined as required by State Law. He also explained that these types of permits don't fit within the scope of the Type III permitting process. Mr. Haneke commented that he would like to see more notification go out to surrounding residents prior to the approval process. Commissioner Haneke asked about parking space requirements. Ms. Barlow answered that applicants are required to provide a parking plan that addresses the parking needs of the use based on the population served and projected needs. She explained that staff feels that the providers will have knowledge of what the projected parking requirements will be for their facility. The City will require a narrative from the providers of their proposed parking plan that will be reviewed for adequacy. Mr. Haneke comment that he would like a minimum parking requirement included in the code. Commissioner Delucchi asked if it would be possible to change the one -mile limit to one facility per elementary school district. Ms. Barlow responded that most elementary schools are located within residential zones so making that change could affect the uses that are only permitted in the non-residential zones. Commissioner Delucchi expressed that it might be necessary to allow additional facilities within a one -mile radius to meet the need. Chairman Robinson asked about a variance process. Ms. Barlow answered that the draft code does not outline a variance process. Commissioner Beaulac stated that he thinks there 05-12-2022 Planning Commission Minutes Page 5 of 6 should be a process for a variance or exemption that could be administratively approved or denied. Ms. Barlow responded that putting in a staff exemption process would be difficult to process because there's no criteria built into the code for staff to review if the exemption should be granted. The decision would be completely discretionary. Attorney Driskell suggested reducing the limit from one mile to one-half mile to allow for more facilities in a particular location. Commissioner Robinson commented that she thinks there needs to be at least enough parking spaces for the staff on duty. Mr. Haneke said that there should also be a parking requirement for residents. He suggested a minimum of ten spaces plus staff on duty for the facilities in non-residential zones and four or five spaces plus staff on duty for the facilities in residential zones. The following items were discussed by the Planning Commission for inclusion in the draft code recommendation. Commissioner Robinson asked for a show of hands to allow recreational vehicles in the transitional parking zone. The consensus was unanimously in favor. Commissioner Robinson asked for a show of hands to require lighting and security cameras in all parking areas. The consensus was unanimously in favor. Commissioner Robinson asked for a show of hands to prohibit a second facility from being built unless a like facility shows maximum occupancy. The consensus was one in favor and four against. Commissioner Robinson asked for a show of hands to add a minimum parking requirement of ten spaces plus staff on duty for the facilities in non-residential zones and four or five spaces plus staff on duty for the facilities in residential zones. The consensus was unanimously in favor. Commissioner Robinson asked for a show of hands to reduce the one -mile spacing requirement to one half mile. The consensus was four in favor and one opposed. Commissioner Beaulac moved to recommend approval of CTA-2022-0001 regarding Community Services Regulations subject to the following modifications: • Allow recreational vehicles in the Transitional Parking zone. • Require lighting and security cameras in all parking areas • Require a minimum of five parking spaces, plus enough for all facility staff on duty in the residential zones, and 10 parking spaces, plus enough for all facility staff on duty, in the non-residential zones. • Reduce the minimum distance between facilities from one mile to one half mile. There was no discussion. The vote on the motion was five in favor, zero against and the motion passed. X. GOOD OF THE ORDER: Commissioner Beaulac stated that he will not be at the next Planning Commission meeting. Commissioner Miller provided a copy of the Spokane Valley Herald to each of the Commissioners and informed them that a subscription is $25.00 per year. 05-12-2022 Planning Commission Minutes Page 6 of 6 XI. ADJOURNMENT: Commissioner Delucchi moved to adjourn the meeting at 8:04 p.m. The vote on the motion was five in favor, zero against and the motion passed. Bob McKinley, Chair Marianne Lemons, Secretary �-IM- Z Date Signed