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2023-05-25 - Agenda Packet*'64 0�� jVa11gy° Notice and Agenda For Special Meeting Spokane Valley Planning Commission Thursday, May 25, 2023 at 6:00 p.m. Remotely via ZOOM meeting and In Person at: CenterPlace Regional Event Center in Room 109, 2426 N Discovery Place NOTICE IS HEREBY GIVEN that a special Spokane Valley Planning Commission meeting will be held May 25, 2023, beginning at 6:00 p.m. The meeting will be held in Room 109 at CenterPlace Regional Event Center, 2426 N Discovery Place, Spokane Valley, Washington. The purpose of the meeting is to consider the items listed below on the Agenda. NOTE: Members of the public may attend Spokane Valley Planning Commission meetings in -person at CenterPlace 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' or"Public hearine." If making a comment via Zoom, comments must be received by 4:00 pm, the day of the meeting. Please email planniruda spokanevallev.org or call the Planning Commission Secretary at 509-720-5112 to be added to the Zoom speaker list. Otherwise, comments will be taken in -person at the meeting, as noted on the agenda below: Ali`►i;�Tiyi[IZ/7��itTilll�lYl`►[- ► I ; u :VY(I)`►R httt)s://st)okanevallev.zoom.us/i/86262747051 One tap mobile US: +12532158782„ 86262747051# or +16699006833„86262747051# US Dial by your location US: +1 253 215 8782 US (Tacoma) Meeting ID: 862 6274 7051 AGENDA: 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES: April 27, 2023 6. COMMISSION REPORTS 7. ADMINISTRATIVE REPORT 8. PUBLIC COMMENT: On any subject which is not on the agenda. 9. COMMISSION BUSINESS: a. Public Hearing: CTA-2023-0002: Accessory Dwelling Unit Regulations Update (Presented By Lori Barlow) 10. FOR THE GOOD OF THE ORDER 11. ADJOURNMENT I. II. IV Meeting Minutes Spokane Valley Planning Commission Room 212 — Centerplace Regional Event Center May 11, 2023 Planning Commission Chairman Karl Granrath 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: Susan Delucchi Val Dimitrov Karl Granrath Walt Haneke Bob McKinley, absent Nancy Miller Daniel Wilson Tony Beattie, City Senior Deputy Attorney Chaz Bates, Planning Manager Lori Barlow, Senior Planner Levi Basinger, Planner Nikki Kole, IT Specialist Marianne Lemons, Administrative Assistant There was consensus from the Planning Commission to excuse Commissioner McKinley from the meeting. AGENDA: Commissioner Delucchi moved to approve the agenda for May 11, 2023 cis presented There was no discussion. The vote on the motion was six in favor, zero against and the motion passed. V. MINUTES: Commissioner Miller noted a Scribner error on page 5 of 5. Commnissioner Haneke moved to approve the April 13, 2023 ininutes as corrected There was no discussion. The vote on the inotion was six in favor, zero against, and the motion passed. VI. COMMISSION REPORTS: Commissioner Delucchi reported that she is reviewing HB 1337 that was passed by legislation. Chairman Granrath also reported that Ire is reviewing the newly passed house bills. VII. ADMINISTRATIVE REPORT: There was no administrative report. VIII. PUBLIC COMMENT: There was no public comment. IX. COMMISSION BUSINESS: 5-I1-2023 Planning Commission Minutes Page 2 of 4 a. Findings of Fact: STV-2023-0001: 22ii1 Avenue & Glenview Circle Planner Levi Basinger presented the Findings of Fact for STV-2023-0001. The request is a privately initiated street vacation to vacate 6,900 square feet of public right-of-way south of the intersection of 22nd Avenue and Glenview Circle. He explained that the Planning Commission held a public hearing on the proposed street vacation on April 27, 2023. The Planning Commission deliberated on the street vacation request and voted unanimously to forward the request to the City Council as presented. He explained that the Findings of Fact will formalize the recommendations that were made at the public hearing. Commissioner Miller moved to approve and for ward the Findings of Fact to the City Council as presented There was no discussion. The vote on the motion was six in favor, zero against, and the motion passed unanimously. b. Study Session: CTA-2023-0002 — Accessory Dwelling Unit (ADU) Regulations Update Senior Planner Lori Barlow presented a staff report. She stated that CTA-2023-0002 is a city -initiated code text amendment to revise Spokane Valley Municipal Code (SVMC) 19.40.030 as it related to ADU standards. The proposed regulation change will eliminate the requirement that the property owner occupy the primary dwelling unit or the ADU and other matters related. 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 the City Council. Ms. Barlow explained that the reason for the change is that the requirement creates a barrier for the construction of ADU's to be constructed at the same time as a new home build. It also negatively impacts opportunities to provide affordable/flexible housing options. Ms. Barlow stated that the premise for the regulation was that ADU's were historically intended to allow for family members needing care. There are also some apprehensions about noise and negative impacts that may be caused by unsupervised renters. It allowed cities to limit the frequency of ADU's. Ms. Barlow said that the Washington Department of Commerce has identified a housing crisis and has provided a breakdown of fixture housing needs. The breakdown estimates that Washington will need 1.1 million housing units in the next 20 years. Ms. Barlow explained that the City developed a Housing Action Plan (HAP) that stated that the City would need 6,660 additional dwelling units by 2037 for a forecasted population of 109,913 people. However, the City is already at 107,100 people as of April 1, 2022 which is 97% of the 2037 forecasts. There have been 3401 dwelling units built since the HAP was approved so the City needs 3,059 additional dwelling units to meet the proposed need for the current population of the City. The draft regulations will be as follows: 5-11-2023 Planning Commission Minutes Page 3 of 4 • One ADU per parcel. • One off-street parking space per ADU. • The ADU must be at least 300 SF but less than 50% of the primary structure. • The footprint of the AD1J cannot exceed 10% of the lot area or 1000 sf, whichever is greater. • The ADU cannot have more than 2 bedrooms. • The entrance must be located on the side or rear of the primary structure. • The ADU must be set behind the front building setback line and meet all side yard setbacks. • The ADU will only be allowed on lots with a single-family dwelling unit. • A title notice is required. Ms. Barlow highlighted that the only change to the code would be to remove the owner occupancy requirement. From 2013-2022, the City issued a total of 76 ADU building permits. Commissioner Haneke requested a breakdown of how many housing units have been built each year for the past five years. Commissioner Delucchi suggested only removing the owner -occupied requirement for new builds but keep the requirement for established neighborhoods throughout the City. Ms. Barlow responded that the City Council determined that this requirement is a barrier within the City limits and specifically requested that this code text amendment be developed and put through the amendment process. Ms. Barlow stated that she would look at neighboring communities that have eliminated this requirement from their code and see how many additional ADU dwellings have been permitted since the change. Commission Dimitrov asked if Homeowner's Association (HOA) covenants would supersede this amendment to the code. Ms. Barlow answered that subdivision covenants or plat notations prohibiting ADU's within a development would supersede but would have to be enforced through civil action because the City does not enforce covenants. The Public Hearing for this item will be held at the May 25, 2023 Planning Commission meeting. X. GOOD OF THE ORDER: There was nothing offered for the Good Of The Order. XI. ADJOURNMENT: Commissioner Haneke moved to adjourn the meeting at 7:24p.in. The vote on the motion was sip in favor, zero against, and the motion passed 5-11-2023 Planning Commission Minutes Page 4 of 4 Karl Granrath, Chairman Date Signed Marianne Lemons, Secretary CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: May 25, 2023 Item: Check all that apply ❑ old business ® new business ❑ public hearing ❑ information ® study session ❑ pending legislation AGENDA ITEM TITLE: CTA-2023-0002 Accessory Dwelling Unit (ADU) Regulations Update GOVERNING LEGISLATION: RCW 36.70A.106, SVMC 17.80.150 and 19.30.040. PREVIOUS COMMISSION ACTION: May 11, 2023 — Study Session BACKGROUND: CTA-2023-0002 is a city -initiated code text amendment to revise SVMC 19.40.030 as it relates to ADU standards. The proposed regulations eliminate the requirement that the property owner occupy the primary dwelling unit or the ADU and other matters related. 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. The Planning Commission conducted a study session on May 11, 2023. At that meeting additional information was requested that included the number of residential permits issued by type, analysis of the number of permits issued and its relationship to the number of units needed, and a prediction of the increase expected if the owner occupant criteria were removed. Staff will present the information for discussion. As a result of the discussion on May 1 I", the public hearing scheduled for May 25th has been rescheduled to June 81i RECOMMENDED ACTION OR MOTION: No action recommended at this time. STAFF CONTACT: Lori Barlow, AICP, Senior Planner ATTACHMENTS: 1. Presentation 2. Draft CTA-2023-0002 3. Public Comment Received RPCA Study session for Code Text Amendment CTA-2022-0002 Page 1 of I CTA-2023-0002 Accessory Dwelling Unit Regulation Update Study Session - May 25, 2023 Lori Barlow, Senior Planner Tonight's Agenda ■ Additional Data/ ■ Draft Regulations ■ Next steps 5-25-2023 PC Study Session n2 - CTA-2023-0002 Accessory Dwelling Unit Regulations (SVMC 19.40.030) What is the DroDosal: ■ Eliminate owner occupy requirement SVMC 19.40.030(D)(1) Why is the regulation change proposed? ■ Barrier to the creation of ADUs with new homes at same time ■ Impacts opportunity to provide affordable/ flexible housing opportunities �19ALA.W DwtlWmm,mJW.-Anexn J..Yl.Loln A Sae. I. Ae ADc mn' x e...ly.e,. n+wmoe .,m mmm m m„e=L m «a' a,mm)' aam¢ m,L :.a..ADc,mm.amama,a.,m>-JvmIR ma 3.a...em.mv,.m!.vm. m,m.,LDc.,,a.•.e,.Ja,awmm.<e,:.nsw.¢mw:Jm,¢. p,m.Tewu.¢ma s.emum¢. 1. n.,lne,wlxe..,e=.emm,rm..vxm...•o!. mea.m,p,.,w,aema.e,vam.,meo, a. a'mo.,, maw��..o.o-o.,mv.r.;ammnaLenme�m.,,e. tm,,.�•:a.m�U: le.wawa ma..rmv^m.o'e..m.s W mms.wm.�.,.mw+w•.>e.•<!. ®o.wa) Mama S.SL, ADC�1.Ovam.mlSOpm,aefrte h.l,utle,ywrt W,V.afOr G^m.^'Me0ie6m4 m,h GRelmlpml o!b ML'tlill m[newJ 10 prtmto!W IRae.IX I,WOaryve!M.MM,'au D.mcme C. TJOiooul Drt.lgvmt Suav4 b ADC,. 1. ADc...., a muJ xem w u.m eouame .m,a Iw ma µmJ as. v"m+�� re.a.eo.. :.Arn;..e.Lpmm,..•u.a. rmamemm )me.,mm!m.a..vme�Jv,m.m.,e rw lo-a1: S.ADI'.,Oa:l mth.l'anNw bu ieoawM1i. mVI.S mW4!+mul'M'eL' p.mm[eua}'.pvOn,m a.'_ ¢a,mum.mm,..e�...axm..wJme.mm,a ADD.;vm+e.amuJ M.1 Fm•"aJVJ, W u,lei. aem4 m[IJUL,aeTUGut,u)v6MM[b. D, Olb. 1�1nmm,numnefacvp�'.•b,anm,mm YW b,.[wbaeAbSNYae.< ]'M,mm my[bWp.ux.elm ADC.S I �+-��+e�.��4a 1m.aM„4!a mmW°uL�. wCubv,W mMSl1C __ 5-25-2023 PC Study Session #2 - CTA-2023-0002 3 Housing Needs - At the City Level HAP COSV need: County Census Estimate Estimate ■ 6,660 dwelling units by 2037 Municipality 20211 2022 — For forecast of 109,913 people Spokane 539,339 54AI00 550,700 Unincorporated 158,524 159,560 162,715 — 107,100 people as April 1, 2022 (97% of Incorporated 380,815 3BZ540 387,985 2037 forecast) Airway Heights 10.757 10,760 11,040 — Estimated dwelling units needed based Cheney 13.255 12,390 12,920 on existing growth 6,460 Deer Park 4.383 4,520 4,670 Fairfield 589 600 600 — Dwelling units permitted since HAP 3,401 Latah 185 185 185 Liberty Lake 12.003 12,480 12,870 — 3,059 additional dwelling units to meet Medical Lake 4.874 4,870 4,840 need Millwood 1.881 1,915 1,915 — 2017 population estimate was 94,890 Rockford 522 520 545 Spangle 280 2W 280 ■ 44% of COSV households need Spokane 228.999 229,400 230,900 housing priced below 100% of the AMI I Spokane Valley 102.976 104,500 107,100 Waverly 121 120 120 Source: April 1, 2022 OFM Estimates 5-25-2023 PC Study Session k2 - CTA-2023-0002 4 Residential Units Permitted 2017-2022 By structure type 702 700 _. 661 600 585 _ — — 510 c 500 396 ° 400 - --- ._..- a 294 E 300 Z 215 219 205 200 127 -- 125-132--....- 100 64 0 2017 2018 2019 2020 2021 2022 —MFR —Duplex Triplex Fourplex —ADU —SF 396 294 585 661 510 702 2752 64 142 140 94 114 92 582 15 0 0 6 21 21 48 16 0 0 12 36 24 72 5 3 4 5 3 2 17 127 125 132 215 219 205 896 623 564 861 993 903 1046 4367 5 Residential Units Needs vs. Provided 2017-2022 Residential Units Needed Compared to ■ HAP 20 Year Projection 30000 Permits Issued — 6,660 housing units needed 2017 - 2037 — Need 333 additional units ea year 25000 — 2037 population 109,913 ■ 2022 Modified HAP Projection based 20000 on 2017-2022 growth 15000 — 6,460 housing units needed — Need 1,292 additional units ea year E ,•• 10000 ■ Actual Permits Issued 2017-2022 — 4,367 units permitted 500° •-''� - — 6-year average = 727 units �,,/�• _ — 2022 population 107,100 0 2017 2019 2021 2023 2025 2027 2029 2031 2033 2035 2037 0 Housing Unit Inventory Year 6,460 needed based on population Cumulative Permits Issued =Projected Units Needed growth Actual Units needed ... Linear (Cumulative Permits Issued) — 4,367 provided Linear (Actual Units needed) — 2,093 units short 5-25-2023 PC Study Session #2 - CTA-2023-0002 5 Jurisdictional Comparison - Predicting impacts OwnerPermits Issued by Adjacent Jurisdictions without ADU Permits Issued by Jurisdiction Occupant Requirement 2020-2022 Year 2018 2019 2020 2021 2022 50 45-- Spokane 13 28 43 40 35 Spokane 24 23 20 36 43 30 County 25 Spokane 3 4 5 3 2 �0 Valley 15 10 ■ No method to predict increase as a result of 5 removing criteria ° ■ Spokane County has not ever had owner occupant criteria ■ City of Spokane conducted a complete update of their ADU regulations in 2020 5-25-2023 PC Study Session n2 - CTA-2023-0002 2020 2021 2022 � Spokane � Spokane County Spokane Valley ......••• Linear (Spokane) Draft Regulations -Comparison (SVMC 19.40.030) Number allowed Owner Occupancy Parking One Required (either unit) One off-street space Same C: Eliminate Requirement Same Size At least 300 sq.ft.; but less than 50 % of the same primary structure; footprint cannot exceed 10% of lot area or 1,000 sf, which ever is greater; no more than 2 bedrooms Entrance located on the side or rear of primary structure Same Location Set behind front building setback line; meet all Same side yard setbacks Restrictions Allowed only on lots with a single family DU Same Misc. Title Notice Required Same 5-25-2023 PC Study Session m2 - CTA-2023-0002 8 Next Steps — CTA-2023-0002 •`.�� �ea QQ► O ea •�� 4� Public Hearing YU \C, ,C� 6/8/2023 O Q Finding & i Recommendation 6/8/2023 Study Session 5/11/2023and 5/25/2023 �O 2nd Ordinance C Administrative Report 15t Ordinance Reading 5-25-2023 PC Study Session 02 - CTA-2023-0002 9 ARk jF'' Questions & Discussion Study Session #2 - CTA-2023-0002 10 CTA-2023-0002 — ADU Update - Draft Page 1 /2 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. Prir to issuance of occupancy, a deed restriction shall be recorded with the Spokane County auditor to indicate the presence of an ADU, and other standards for maintaining the unit as described in the SVMC. 2. Home businesses are prohibited in the ADU. 3. 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. CTA-2023-0002 — ADU Update - Draft Page 212 4. 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. Marianne Lemons From: Levi Basinger Sent: Friday, May 5, 2023 12:34 PM To: Marianne Lemons Cc: Lori Barlow; Chaz Bates Subject: FW: 5/11 study session on ADUs owner occupancy Marianne, It appears we received this public comment in the email chain below regarding CTA-2023-0002, which is the study session item at the 5-11-23 Planning Commission meeting. Levi Basinger I Planner 10210 E. Sprague Avenue I Spokane Valley, WA 99206 (509)720-5332J1 lbwasinngger@sookaneyalley.org Sp�I���d N *W � p � e �%Hq e� � This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act, chapter 42.56 RCW. From: eastman.lara <eastman.lara@yahoo.com> Sent: Friday, May 5, 2023 1:28 AM To: Planning <planning@spokanevalley.org> Subject: 5/11 study session on ADUs owner occupancy [EXTERNAL] This email originated outside the City of Spokane Valley. Always use caution when opening attachments or clicking links. Can I publicly comment for this? I can't tell from the agenda but I would like to. My partner and I are homeowners of a house with an old and new section and the city permitting Department had talked to us about watching this proposal. We are planning to split our current home into an old and new side which will be a 2 bedroom 2 bath apartment and a 2 bedroom 1 bath ADU that is 50% of total square footage. This law change is pivotal to us being able to rent this house as 2 separate units to provide affordable middle range multi housing. We are advocating for this change and would love to speak up. We meet this exact situation and want to help secure the ability to split and rent this home that is not affordable as 1 house but affordable as 2 smaller homes. We would meet all other stipulations beyond owner occupancy as we plan to buy property out of town and only rent these once complete. The ADU could be rented to families or made fully handicap accesible as it single level with a no stair entry, Also. Thankyou Lara Eastman & Keven Bolinger off 8th and pines. 253-509-2334 Sent from my Verizon, Samsung Galaxy smartphone