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2022-10-13 Agenda Packet00* Spokane`' jVa11ey Agenda Spokane Valley Planning Commission Regular Meeting Thursday, October 13, 2022 at 6:00 p.m. Remotely via ZOOMmeeting and In Person at 10210 E Sprague Avenue Note: In response to Governor Inslee's announcement reopening Washington under the "Washington Ready" plan, members of the public may attend Spokane Valley Planning Commission meetings in -person at City Hall at the address provided above, or via Zoom at the link below. Members of the public will be allowed to comment in person or via Zoom as described below. Public comments will only be accepted for those items noted on the agenda as "public comment." Those wishing to make a comment via Zoom, need to email planning@aspokanevalley.org prior to 4:00 p.m. the day of the meeting to speak during the comment period of the meeting. Comments can also be entailed to planning(i spokanevalley.org and they will be read into the record or distributed to the Commission members via email. Otherwise, comments will be taken in -person at the meeting in Council Chambers. LINK TO ZOOM MEETING INFORMATION: https://spokanevallev.zoom.us/*/87146597722 One tap mobile US: +12532158782„ 87146597722# or+13462487799„87146597722# US Dial by your location US: +1 253 215 8782 US 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES: September 8, 2022 6. COMMISSION REPORTS 7. ADMINISTRATIVE REPORT 8. PUBLIC COMMENT: On any subject which is not on the agenda. 9. COMMISSION BUSINESS: a. Study Session: CTA-2022-0003 — Privately Initiated Map Amendments Update 10. FOR THE GOOD OF THE ORDER 11. ADJOURNMENT I. II. IV. u Meeting Minutes Spokane Valley Planning Commission Council Chambers — City Hall September 8, 2022 Planning Commission Chairman McKinley called the meeting to order at 6:00 p.m. The meeting was held in person and via ZOOM meetings. The Commissioners, staff, and audience stood for the Pledge Of Allegiance Administrative Assistant Marianne Lemons took attendance, and the following members and staff were present: Fred Beaulac Susan Delucchi Karl Granrath, absent Walt Haneke, absent Bob McKinley Nancy Miller Sherri Robinson, absent Tony Beattie, City Senior Deputy Attorney Chaz Bates, Planning Manager Lori Barlow, Senior Planner Greg Bingaman, IT Specialist Marianne Lemons, Administrative Assistant There was consensus from the Planning Commission to excuse Commissioner Granrath, Commissioner Haneke & Vice -Chair Robinson. AGENDA: Commissioner Delucchi moved to approve the September 8, 2022 agenda as presented. There was no discussion. The vote on the motion was four in favor, zero against and the motion passed. MINUTES: Commissioner Beaulac moved to approve the August 25, 2022 minutes as presented. There was no discussion. The vote on the motion was four in favor, zero against and the motion passed. VI. COMMISSION REPORTS: There were no Planning Commission reports. VII. ADMINISTRATIVE REPORT: Planning Manager Chaz Bates reported that STV-2022-0001, the city -initiated street vacation request to vacation approximately 7,900 square feet of unimproved right-of-way extending from Mission Avenue to Park Road was approved by the City Council. He also stated that the deadline for submitting Comprehensive Plan Amendments for the 2023 review process is November 1, 2022. VIII. PUBLIC COMMENT: There was no public comment. IX. COMMISSION BUSINESS: 09-08-2022 Planning Commission Minutes Page 2 of 2 a. Findings of Fact: CTA-2022-0002: Multi -Family Residential Parking Regulations Update Senior Planner Lori Barlow presented the Findings of Fact for CTA-2022-0002 to amend the multi -family residential parking regulations. She stated that the Planning Commission held a public hearing on the proposed code text amendment at the August 25, 2022 meeting. After receiving public testimony, the Planning Commission moved and voted 5-2 to recommend denial to the City Council. She explained that the approval of the Findings Of Fact would formalize the recommendations that were made at the public hearing. Commissioner Delucchi moved to approve the Findings of Fact for CTA-2022-0002 as presented. There was no discussion. The vote on the motion was four in favor, zero against, and the motion passed. b. Study Session: Role of the Planning Commission and Public Hearing Procedures Planning Manager Chaz Bates and Attorney Tony Beattie presented a training session regarding the Planning Commission Rules of Procedure, Robert's Rules of Order, and general roles and processes associated with the Planning Commission. X. GOOD OF THE ORDER: Commissioner Delucchi reminded the Commission that Val leyfest will be held on September 24 — 25, 2022. XI. ADJOURNMENT: Commissioner Beaulae moved to adjourn the meeting at 7:08 p.m. The vote on the motion leas four in favor, zero against and the motion passed. Bob McKinley, Chairman Date Signed Marianne Lemons, Secretary CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: October 13, 2022 Item: Check all that apply ❑ old business ® new business ❑ public hearing ❑ information ® study session ❑ pending legislation AGENDA ITEM TITLE: CTA-2022-0003 Comprehensive Plan Map and Zoning Map Amendments GOVERNING LEGISLATION: RCW 36.70A.106, SVMC 17.80.150 and 19.30.040. PREVIOUS COMMISSION ACTION: None BACKGROUND: Review of past privately initiated site -specific Comprehensive Plan land use and zoning map amendments identified a need for code text amendments to SVMC 19.30.010 Comprehensive Plan text and map amendments and SVMC 19.30.030 Site -specific zoning map amendments. Pursuant to SVMC 19.30.040 modification to SVMC Titles 17 through 24 are classified as a Type IV development application and require the Planning Commission to provide a recommendation to City Council. Chapter 19.30 SVMC (Changes and Amendments) outlines the process for amending the Comprehensive Plan (text and map), area -wide rezones, site -specific rezones. A review of chapter 19.30 SVMC found that there were two related issues: (1) there are no criteria for privately initiated site -specific Comprehensive Plan land use amendments and (2) a property can be eligible for a site -specific zoning map amendment if it is adjacent to a property zoned the same or higher zone. Adjacent includes corner touches and across right-of-way. Additionally, there is ambiguity in what classifies as a "higher zone". Conceptually, this can be interpreted either as a more intensive zone (Industrial is higher than Multiple Family), or more logically the allowed uses are similar but more dense (Multiple Family is higher than Single Family). These issues taken together allow for more intense zoning and land use designations intruding into less intense zones. CTA-2022-0003 is a city -initiated code text amendment to revise chapter 19.30 SVMC as it relates to privately initiated site -specific Comprehensive Plan land use map amendments and privately initiated site - specific zoning map amendments. The proposed regulation will identify additional criteria that shall be "considered" when reviewing the proposed map amendments. Staff will provide an overview of the proposed regulations RECOMMENDED ACTION OR MOTION: No action recommended at this time. STAFF CONTACT: Martin Palaniuk, Associate Planner ATTACHMENTS: 1. Presentation 2. Draft CTA-2022-0003 RPCA Study Session for Code Text Amendment CTA-2022-0002 Page I of I CTA-2022-0003 Privately Initiated Map Amendments Update Study Session - October 13, 2022 Martin Palaniuk, Associate Planner Spokane Valley° Tonight's Agenda Background - What's the Issue Draft Regulations = Next steps Privately Initiated Map Amendments Concern: ■ The intrusion of more intense land uses into areas of less intense uses. What's the cause?: ■ The SVMC does not identify any criteria for approving a change to the land use designation map. ■ The criteria for zoning map amendments allow land use changes when adjacent to the same or higher zoning classification. — "Higher" is undefined. — Adjacent includes "corner touches" and across right of way. 9/22/2022 PC Study Session - CTA-2022-0003 Comprehensive Plan Land Use Map r- die. - Mn W �_ S 1'WOf.f. ::u •aR. ��P+!'�ji' Apt 11Ps�n{ __ r bill l.7yc ! 9/22/2022 1:_ L Zoning Map r 9/22/2022 2 F Comprehensive Plan Map Amendments ■ Comprehensive Plan Land Use Map Amendments — Changes permitted annually — Decision authority is legislative body (City Council) — Change to Comp Plan land use map automatically require a zoning map amendment (must be consistent) — Both map amendments are done concurrently Zoning Map Amendments ■ Zoning Map Amendments — Must be consistent with the Comp Plan land use designation. May be requested at anytime (unless a Comp Plan map amendment is required). — Decision authority is Spokane Valley Hearing Examiner — Change to Zoning map may or may not require a Comp Plan land use map amendment. Any change other than a residential zone requires a change to the Comprehensive Plan land use map. PC Study Session - CTA-2022-0003 Example: Ponderosa Area SFR to CMU v•;, - Comp Plan Amendment to change from SFR to CMU. 'v, CMU shn on rr�,R j a;�r d Adjacent to CMU. °da Surrounded on three sides I Ich z F by SFR and SFR uses. Separated by railroad right- - CMU R-2 SFR Sya,, of -way and Chester Creek. U P� y ~�, CMU permits multi -family residential at an unlimited �..,� density and height. 9/22/2022 PC Study Session - CTA-2022-0003 3 Example: Otis Orchards Area SFR to MFR/CMU 9/221/2022 PC Study Session - CTA-2022-0003 Zone change from SFR to MU or CMU. Adjacent to Industrial. Surrounded on two sides by SFR and SFR uses. Separated by Euclid Road right-of- way. Question as to what is "higher zoning classification". Does adjacent I zone allow change to MU or CMU? 9 Example: R-4 area s ®ran y I_ L'_�i _ I t AM ej r� ��a5":i � •, a R 4' — R-4ail • R-4 - Park Road to Sullivan Road between Broadway Avenue north of Sprague Ave and Wh Ave south of Sprague Ave • 10 DU/acre in R-4 • Townhomes and cottages permitted in R-4 9/22/2022 PC Study Session - CTA-2022-0003 1C Possible Solutions ■ Develop criteria to "consider" for privately initiated site -specific Comprehensive Plan map amendments. — Effect on surrounding land use and traffic circulation — Existence of logical boundaries — Avoid creating peninsulas or protrusions into different land use — Must meet zoning map amendment criteria. ■ Revise site -specific zoning map amendments criteria. — Avoid protrusions into different zoning district — Consider boundaries and barriers — Must be adjacent to and contiguous to a similar zoning district. Define "similar" as allowing substantially similar uses or density. PC Study Session - CTA-2022-0003 Comprehensive Plan Map Criteria ■ Existing Regulations — Only once per year, except for limited circumstances — Classified as a Type IV 4/28i2czz ■ Proposed Regulations — Only once per year, except for limited circumstances — Classified as a Type IV — Effect on surrounding land use and transportation circulation — Avoid extending across freeways, highways, railroad — Avoid creating peninsulas or intrusions — Also must follow rezone criteria Zoning Map Criteria ■ Existing Regulations — Concurrency — Consistent with comp plan — Substantial relation to public health — Needed for comp plan goals — Be adjacent to higher zone — Not detrimental to surrounding properties — Have communitywide benefit Proposed Regulations - Concurrency — Consistent with comp plan -- Substantial relation to public health — Needed for comp plan goals — Not detrimental to surrounding properties Have communitywide benefit Avoid peninsulas or intrusions Consider ROW, river, railroad corridors -- Adjacent to substantially similar zoning district 4/28/2022 PC Study Session - CTA-2022-0001 Next Steps — CTA-2022-0003 QJ',�gO i ❑ ❑ Finding & Study Sessions 9/22/2022 Administrative Report 10/13/2022 0Y 15t Ordinance JReading 2nd Ordinance Reading Recommendation 0 9/22/2022 PC Study Session - CTA-2022-0003 1= Questions & Discussion PC Study Session - CTA-2022-0003 Spokane Valley Municipal Code Page 1/2 19.30.010 Comprehensive Plan text and map amendments. A. Pursuant to RCW 36.70A.130(2)(a), proposed updates to the Comprehensive Plan shall only be processed once per year except for the adoption of original subarea plans, amendments to the SNIP, the amendment of the capital facilities chapter concurrent with the adoption of the City budget, in the event of an emergency, or to resolve an appeal of the Comprehensive Plan filed with the Growth Management Hearings Board. B. Privately initiated Comprehensive Plan land use mar) amendments shall consider the following criteria 1. The effect of the proposed amendment on the land use and circulation pattern of the surroundine area. 2. The existence of boundaries such as right-of-way and natural areas shall be observed. In general, proposals shall avoid extending land use designations across freeways, highways, or railroad ri_hts-of-way that present a logical boundary. 3. Proposed amendments shall avoid crentinu, peninsulas or otherwise create intrusions into a different land use designation. C. A site- specific land use map amendment also requires a site -specific zoning map amendment and shall additionally meet the criteria in 19.30.030 B. RED. Comprehensive Plan text and map amendments are classified as Type IV development applications and shall be processed pursuant to SVMC 17.80.140. (Ord. 16-018 § 6 (Att. B), 2016). 19.30.020 Area -wide rezones. A. Area -wide rezones shall be considered only in conjunction with updates to the Comprehensive Plan text and maps to ensure full consideration of the cumulative effects of all changes. B. Area -wide rezones are classified as Type IV development applications and shall be processed pursuant to SVMC 17.80.140. (Ord. 16-018 § 6 (Att. B), 2016). 19.30.030 Site -specific zoning map amendments. A. Site -specific zoning map amendment requests may be submitted at any time. Site -specific zoning map amendments are classified as Type III development applications and shall be processed pursuant to SVMC 17.80.140. B. All site -specific zoning map amendment requests shall meet all of he following criteria: 1. Meet the requirements of Chapter 22.20 SVMC, Concurrency; 2. Be consistent with the Comprehensive Plan land use designation; 3. Bear a substantial relation to the public health, safety, and welfare; 4. Be warranted in order to achieve consistency with the Comprehensive Plan or because of a need for additional property in the proposed zoning district classification, or because the proposed zoning classification is appropriate for reasonable development of the subject property; 5. Shall avoid creating a peninsulas or intrusion into a different zoning district. (whieh shall inelude 00fReF (ER16heS and PFOpefty loeated aeFoss a publis Fight of way) to lareperty of the same 6. Not be materially detrimental to uses or property in the immediate vicinity of the subject property; and 7. Have merit and value for the community as a whole: and 8. Consider boundaries and barriers such as right-of-way, Spokane River, railroad corridors; and The Spokane Valley Municipal Code is current through Ordinance No. 22-005, passed March 29, 2022. Spokane Valley Municipal Cade Page 212 .9. Shall be adiacent and contiguous to a similar zoning district. A similar zoning district in this circumstance shall mean the allowed uses shall be substantially similar and if housing is allowed the density shall be greater.- 19.30.040 Development regulation text amendments. Requests to amend SVMC Titles 17 through 24 may be submitted at any time. Text amendments are classified as Type IV development applications and shall be processed pursuant to SVMC 17.80.150. (Ord. 16-018 § 6 (Att. B), 2016). The Spokane Valley Municipal Code is current through Ordinance No. 22-005, passed March 29, 2022.