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2023-07-13 - Agenda PacketSpokane jValley Regular Meeting Agenda Spokane Valley Planning Commission Thursday, July 13, 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 Spokane Valley Planning Commission meeting will be held July 13, 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 onlv be accented for those items noted on the agenda as "Public comment' or "Public hearing." If making a comment via Zoom, comments must be received by 4:00 pm, the day of the meeting. Please email ylannine(a),spokanevallev.ore 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: LINK TO ZOOM MEETING INFORMATION: https://spokanevallev.zoom.us/i/87146597722 One tap mobile US: +12532158782„ 87146597722# or +13462487799„87146597722# US Dial by your location US: +1 253 215 8782 US AGENDA: 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES: June 22, 2023 6. COMMISSION REPORTS 7. ADMINISTRATIVE REPORT 8. PUBLIC COMMENT: On any subject which is not on the agenda. 9. COMMISSION BUSINESS: a. Findings Of Fact: CPA-2023-0001: 2023 Annual Comprehensive Plan Amendments (Presented By Levi Basinger) b. Findings Of Fact: CTA-2023-0002 — Accessory Dwelling Unit Regulations Update (Presented By Lori Barlow) 10. FOR THE GOOD OF THE ORDER 11. ADJOURNMENT Special Meeting Minutes Spokane Valley Planning Commission Room 212 — Centerplace Regional Event Center June 22, 2023 I. Planning Commission Vice -Chairman Haneke 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. HI. Administrative Assistant Marianne Lemons took attendance, and the following members and staff were present: Susan Delucchi Tony Beattie, Senior Deputy City Attorney Val Dimitrov Chaz Bates, Planning Manager Karl Granrath, absent Lori Barlow, Senior Planner Walt Haneke Levi Basinger, Planner Bob McKinley Nikki Cole, IT Specialist Nancy Miller Marianne Lemons, Administrative Assistant Daniel Wilson There was consensus from the Planning Commission members to excuse Chair Granrath. IV. AGENDA: Commissioner McKinley moved, and it was seconded to approve the June 22, 2023, agenda as presented. There was no discussion. The vote on the motion was six in favor, zero against, and the motion passed. V. MINUTES: Commissioner Delucchi moved, and it was seconded to approve the June 8, 2023, minutes as presented. There was no discussion. The vote on the motion was six 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 the City Council passed a resolution to change the location of the Planning Commission meetings to Centerplace until the construction is completed on the City Hall Council Chambers. VIII. PUBLIC COMMENT: There was no public comment. IX. COMMISSION BUSINESS: a. Public Hearing: CTA-2023-0002 — Accessory Dwelling Unit (ADU) Regulations Update 6-22-2023 Planning Commission Minutes Page 2 of 6 The public hearing was opened at 6:04 p.m. 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 relates 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. Ms. Barlow outlined the proposed draft regulations: • 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 ADU 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. Ms. Barlow explained that code -text amendments can be initiated by property owners, citizens, agencies, neighborhood associations, City Departments, the City Planning Commission, or the City Council. The approval criteria to be considered is to determine if the code -text amendment is consistent with the applicable provisions of the Comprehensive Plan and bear a substantial relation to public health, safety, welfare, and protection of the environment. She stated that the City staff has determined that the code -text amendment is consistent with applicable provisions of the Comprehensive Plan and does bear a substantial relation to public health, safety, welfare, and protection of the environment. Ms. Barlow stated that the benefits of the change to the code would add diversity in housing options, provide a housing type that blends in with existing single-family neighborhoods, would cater to changing demographics such as seniors or smaller households, would provide housing that is typically more affordable than single family homes, would remove a known barrier to ADU production and would be a gentle approach to accommodating the housing demand. She explained that the purpose of the proposed amendment would increase the overall housing supply and variety of housing, would encourage infill development, would reduce the need for additional land because the ADU's would utilize available area within established neighborhoods, and would provide for a greater opportunity for housing options. Ms. Barlow concluded that based on the requirements outlined in SVMC 17.80.150F, staff recommends the Planning Commission approve CTA-2023-0002. Commissioner Delucchi asked the process for initiating a code -text amendment at the City Council level. 6-22-2023 Planning Commission Minutes Page 3 of 6 Planning Manager Chaz Bates answered that City Council Member Arne Woodard recommended that this item be forwarded to the Planning Commission for consideration during the "advanced agenda" portion of the meeting. The City Council agreed via consensus to the recommendation. The City Manager then directed the Planning Staff to proceed with the draft language for presentation. The item was opened for public comment. Barb Howard (Spokane Valley) stated that she has an ADU located in her neighborhood, and she doesn't feel that the City should allow them at all within the City limits. She also expressed concern regarding Olympia dictating what Spokane Valley is going to do with their land use. She does not think that the City has the infrastructure or resources (police, code enforcement) available to service the additional housing units. Kathy Moore representing Big Sky Homes and Development. She stated that the owner -occupied requirement is extremely restrictive and harmful for homeowners to develop their property. She explained that this change will allow more affordable homes for the middle -income families. She showed that their proposed development will have five homes with five ADU's on the property located at 12th Avenue and Rees Lane. She doesn't think property owners should be restricted on what they can do with their properties. Steve Fisher (Spokane Valley) stated that he has an ADU on his property and is out of town for more than six months of the year. He expressed that he doesn't think there should be a restriction on what property owners can do with their property and doesn't feel that a person shouldn't be penalized if they don't live in the primary home full-time. He also commented that the State has passed legislation that will force the City to remove this requirement and thinks that it should be done now rather than waiting for the implementation of the law in 2026. Linda Klesch (Spokane Valley) stated that she has done a lot of research on how to make a City better without implementing invasive laws like what is being done at the State level. She said that the City needs to work on job growth. She also expressed that she is against the change to the owner -occupancy requirement for ADU's because she feels that property values will go down. The City has three years to implement the laws that have been passed and feels that the City needs to slow down and figure out the best way to move forward based on the growth around the City limits (Idaho). There were no other public comments offered. The public hearing was closed at 6:38 p.m. Commissioner Miller expressed that these ADU's will turn into rentals in single-family residential neighborhoods and will not have a great impact on the housing needs. Commissioner Wilson stated that the rights of property owners to do what they want with their properties should be protected but neighboring property owners also deserve to have their rights protected as well. Changes to this requirement will happen based on the new legislation but he feels that there are items that need to be addressed before that change happens. He stated that the current infrastructure is struggling to keep up with the current population and adding more density could create substantial future issues. He feels that the City will also need to look at road improvements, decreasing traffic congestion, sewer/water capacity, law enforcement needs, and public services to accommodate the new legislation so the City is not forced into a bad growth situation. Commissioner Delucchi stated that she feels the discussion regarding ADU's is premature, and no changes should be done to the current code until an impact determination has been reached regarding 6-22-2023 Planing Commission Minutes Page 4 of 6 the new legislation. She expressed that she doesn't think the item should have been brought forward for consideration until all of the new law changes are reviewed and considered. She said that she realizes the change is inevitable but the City has three years to prepare for it so she doesn't think the change should happen until it is required. Commissioner Dimitrov commented that the City does not have the infrastructure, or the law enforcement resources to accommodate the proposed change. He feels that precedence should be given to those persons already living in Spokane Valley versus investors or newcomers moving into the City. Commissioner McKinley expressed that ADU's can change the look of a single-family area and he doesn't want to see them built within his neighborhood but feels that the requirement could be very hard to enforce through Code Enforcement. Commissioner Haneke stated that he is strongly opposed to the proposed change. He feels that the change is going to increase the amount of traffic on the City streets and could cause capacity issues for the City utility infrastructure. He expressed that he knows the new law will force the City to make this change in three years but doesn't think it should be done before then because it would be an endorsement of the new State laws. Commissioner Miller moved and it was seconded to recommend that the City Council deny CTA- 2023-0002 regarding the removal of the owner -occupied requirement for Accessory Dwelling Units. There was no discussion. The vote on the motion was six in favor, zero against, and the motion passed. b. CPA-2023-0001: 2023 Comprehensive Plan Amendments (CPA) The public hearing was opened at 6:52 p.m. Planner Levi Basinger gave a staff report. He explained that the Growth Management Act (GMA) allows local jurisdictions to consider amendments to their Comprehensive Plans once a year. The City received one proposed site -specific map amendment during the application timeframe. Mr. Basinger stated that the applicant/owner of the proposed property change is the City of Spokane Valley. The requested amendment is to change the zoning from Single -Family Residential (SFR) and Neighborhood Commercial (NC) to Parks, Recreation, & Open Space (P/OS). The amendment will expand the P/OS zone by 23.9 acres. After the Planning Commission made their recommendation to the City Council that they approve the CPA, it was identified that proper mailing notice for the public hearing was not provided. To ensure that the Planning Commission had an opportunity to hear new and relevant public testimony, staff reissued the public notice. One June tad & June 9th, a second notice of the public hearing was published. On June 6, a second notice of public hearing was mailed to property owners within 400 feet of the proposed amendment. Mr. Basinger stated that the area is identified in the Parks & Recreation Master Plan. The change will provide new park space for residents in an area of the City that is lacking in park space. The proposed use is compatible with surrounding uses. The change will also preserve open space in the 6-22-2023 Planning Commission Minutes Page 5 of 6 flood plain/critical areas. He stated that the City has determined that the site is not conducive for building but would serve well as park/open space land. The item was opened to the public for comment. Planning Commission Secretary Marianne Lemons read two public comments that were received via email. Comment received from Susan Brunemeier: She stated that she lives on the southeast side of the proposed property on Caprio Avenue. She would like to see pathways for walking and outdoor enjoyment of natural land. She feels that it would be a great place for walkers, runners, and for families to picnic with their children. She would also like to see the northeast end developed for marsh birds and the tree left in place for deer and wildlife. Comment received from Margaret Larive: She stated that she is happy that the City is considering a park on this property. When Summerfield subdivision was first built, the developers promised a recreation area where the lots are located but it never occurred. She also expressed that she feels it would make a great area for a dog park, a wetland for birds, and could be a fun place for children to play (especially if the large dirt piles were left in place for kids to run their bikes up and down). Rick Donaldson (Spokane Valley) stated that he lives near the proposed property and is in support of the proposed change to park space. He stated that a substantial amount of the property lies within a designated floodplain providing an area for storage of run-off water during a flood event. Wetlands on the property also provides habitat for wildlife in the area and increased water quality. He stated that he has observed numerous different types of wildlife on the property, and he feels the space would provide more benefit to the community as open space and parks space. There were no other public comments offered. The public hearing was closed at 7:06 p.m. Commissioner Delucchi moved, and it was seconded that the City Council approve CPA-2023-0001 to rezone the proposed propertyfrom Neighborhood Commercial to Parks/Open Space. There was no discussion. The vote on the motion was six in favor, zero against, and the motion passed. X. GOOD OF THE ORDER: There was nothing offered for the Good of the Order. XI. ADJOURNMENT: Commissioner McKinley moved, and it was seconded to adjourn the meeting at 7:09 p.m. The vote on the motion was six in favor, zero against, and the motion passed. 6-22-2023 Planning Commission Minutes Page 6 of 6 Walt Haneke, Vice -Chairman Date Signed Marianne Lemons, Secretary CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: July 13, 2023 Item: Check all that apply ® old business ❑ new business ❑ public hearing ❑ information ❑ study session ❑ pending legislation AGENDA ITEM TITLE: 2023 Annual Comprehensive Plan Amendments — Findings and Recommendation. GOVERNING LEGISLATION: RCW 36.70A, SVMC 17.80.140 and 19.30.010. PREVIOUS COMMISSION ACTION: On March 9, 2023, the Planning Commission held a Study Session on the 2023 Annual Comprehensive Plan Amendments (CPA). On April 13, 2023, the Planning Commission held a public hearing on the proposed CPA, and on April 27, 2023, the Planning Commission made a recommendation to the City Council to approve CPA-2023-01. After the Planning Commission made their recommendation to the City Council, it was identified that proper mailing notice for the public hearing was not provided. To ensure that the Planning Commission had the opportunity to hear any new and relevant public testimony, staff has reissued the public notice for CPA-2023-0001. On June 22, 2023, the Planning Commission held another public hearing on CPA-2023- 0001. Following the public hearing on June 22, 2023, the Planning Commission deliberated on the CPA and voted as follows: CPA-2023-01 6-0 (1 absent) to forward to City Council a recommendation to approve CPA-2023-01. The Findings and Recommendations attached are substantially similar to the Findings and Recommendation made on April 27, 2023. They have been updated to reflect the additional noticing dates and recommendation from the Planning Commission. City Council may choose to adopt the proposed amendment as recommended by the Planning Commission, deny the proposed amendment, or modify and adopt the proposal. If the Council chooses to modify a proposal and the modifications are substantial, they must either conduct a public hearing or refer the proposal back to the Planning Commission for further consideration. RECOMMENDED ACTION OR MOTION: I move to approve and forward to the City Council the Findings and Recommendation of the Spokane Valley Planning Commission for CPA-2023-0 1. STAFF CONTACT: Levi Basinger, Planner ATTACHMENTS: 1. Findings and Recommendations for CPA-2023-01 RPCA Findings of Fact for 2022 Comprehensive Plan Amendments Page I of I FINDINGS AND RECOMMENDATION OF THE SPOKANE VALLEY PLANNING COMMISSION FOR PROPOSED COMPREHENSIVE PLAN AMENDMENT - CPA-2023-01 July 13,2023 A. Background: 1. The Growth Management Act (GMA) allows local jurisdictions to consider amendments to their Comprehensive Plans once each year. The City codified this process in SVMC 17.80.140. Consistent with state law and the SVMC, staff published notice on September 2 and 9, 2022, advising the public of the annual amendment process and that the City would accept applications for the 2023 cycle through November 1, 2022. The notice was also sent to all agencies, organizations, and adjacent jurisdictions that may have an interest in seeking amendments to the Comprehensive Plan. 2. On November 22, 2022, the City Council approved the 2023 Comprehensive Plan Amendment Docket. The Docket included the proposed amendment to the Comprehensive Plan: one site specific map amendment. Site specific amendments approved for a Comprehensive Plan amendment will require and receive a zoning classification amendment consistent with the new land use designation. B. Findings: 1. SVMC 17.80.140 provides the framework for the public to participate throughout the Comprehensive Plan amendment process, including notice and public hearing requirements. 2. On December 5, 2022, the Department of Commerce was provided a notice of intent to adopt amendments to the Comprehensive Plan. 3. Pursuant to the State Environmental Policy Act, chapter 43.21C RCW (SEPA), and Title 21 SVMC, an environmental checklist was prepared for the proposed Comprehensive Plan amendment. 4. Staff reviewed the environmental checklists and issued a Determination of Non -Significance (DNS) for all Comprehensive Plan amendments on December 9, 2022. The DNS was not appealed. 5. The Planning Commission finds the procedural requirements of SEPA and Title 21 SVMC have been fulfilled. 6. On March 24 and 31, 2023, notice for a public hearing on the proposed amendments was placed in the Spokane Valley News Herald. On March 29, 2023, a "Notice of Public Hearing" sign with a description of the proposal and information on the public hearing was posted on site. 7. On June 2 and 9, 2023, a second notice for a public hearing on the proposed amendments was placed in the Spokane Valley News Herald. On June 6, 2023, a "Notice of Public Hearing" sign with a description of the proposal and information on the public hearing was posted on site. 8. Individual notice of the map amendment proposal was mailed to all property owners within 400 feet of the proposed site -specific map amendment on June 2, 2023. Planning Commission Findings and Recommendation CPA-2023-01 Page 1 of 4 9. The Planning Commission reviewed the proposed amendments concurrently to evaluate the cumulative impacts. The review was consistent with the annual amendment process outlined in SVMC 17.80.140 and chapter 36.70A RCW GMA). 10. On April 13, 2023, the Planning Commission held a public hearing on the proposed Comprehensive Plan amendments. After receiving public testimony, the Planning Commission closed the public hearing and deliberated on the Comprehensive Plan amendments. After reviewing and deliberating on the Comprehensive Plan amendments, Planning Commission voted on the proposed amendments as follows: a. CPA-2023-01: 4-0 (3 absent) to forward to City Council a recommendation to approve. 11. On June 22, 2023, the Planning Commission held a public hearing on the proposed Comprehensive Plan amendments. After receiving public testimony, the Planning Commission closed the public hearing and deliberated on the Comprehensive Plan amendments. After reviewing and deliberating on the Comprehensive Plan amendments, Planning Commission voted on the proposed amendments as follows: a. CPA-2023-01: 6-0 (1 absent) to forward to City Council a recommendation to approve 12. The proposed amendment to change the designation for 19 acres from Single Family Residential (SFR) and 4 acres from Neighborhood Commercial (NC) to Parks and Open Space (P/OS) bears a substantial relationship to the public health, safety, welfare, and protection of the environment. In 2021, the City acquired four parcels (46351.9143, 46352.9149, 46354.9150, 46355.9151) west and south of Progress Road and east of Forker Road. This area was generally identified as New Park Area 1 in the 2019 Parks and Recreation Master Plan. These plans were developed through an extensive community engagement process. Additionally, the expansion is necessary to maintain the adopted Level of Service (LOS) 3.25 acres of park land for every 1,000 residents. 13. The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the City's adopted plan not affected by the amendment. The Growth Management Act (GMA) adopts fourteen goals to guide the development of local comprehensive plans and development regulations. The proposal is consistent with the GMA goals to enhance recreational opportunities and develop parks and recreation facilities. Additionally, the GMA requires a Parks and Recreation element to be a part of the adopted comprehensive plan. The City's Comprehensive Plan adopts the Parks Plan by reference. 14. The proposed amendment does not respond to a substantial change in conditions beyond the property owner's control applicable to the area within which the subject property lies. 15. The proposed amendment is not in response to or corrects an obvious mapping error. 16. The proposed amendment will address a documented deficiency of park land in the Comprehensive Plan. Presently, the City needs an additional 53 acres of park land to meet adopted levels of service. In addition, the Comprehensive Plan identifies the following goals and policy that support the proposed change: P-GI Develop, grow, and maintain a diverse and accessible park, recreation, trail, and open space system that enhances community character. P-P2 Acquire land for the development of parks or the preservation of open space within the City's boundaries and adjacent UGAs. P-P3 Using the Parks and Recreation Master Plan, periodically assess recreational facilities to identify potential gaps and improvements. Planning Commission Findings and Recommendation CPA-2023-01 Page 2 of P-P7 Identify and protect regional open spaces and natural areas to form a connected network of active and passive recreation areas. NR-GI: Pursue flood hazard reduction while providing predictability for landowners. NR-P9: Ensure that wetlands, fish and wildlife habitat conservation areas, frequently flooded areas, geologically hazardous areas, and critical aquifer recharge areas are identified, designated, and protected. 17. The change to P/OS will not impact the physical environment. The change will result in less intensive uses than are allowed in SFR and NC zones, reducing potential effects on the physical environment. 18. According to the City's Critical Areas map, most of the property is located in the 100-year floodplain. The primary flood zone designation that applies to the site is AO, which is defined as an area of shallow flooding, usually in the form of sheet flow, with an average depth ranging from 1 to 3 feet. There is also a seasonal stream (DNR Type F) located on the property that flows into a drainage channel, which is deposited into a stormwater storage basin where it infiltrates into the soil. The parcels are not located within shoreline jurisdiction, and there are no known surface water quality or quantity issues. The City's environmental controls including floodplain and critical areas regulations will ensure protection of the critical areas and adjacent land use are addressed at the time of future development. During deliberations, members of the Planning Commission stated an agreement with public testimony that a future park development should consider maintaining the area as natural open space. 19. The proposed amendment is compatible with the surrounding land uses. Future development of the park space will provide a documented need and location identified in the 2019 Parks and Recreation Master Plan. 20. The proposed amendment site is adequately served by and will have minimal impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools. 21. The proposed amendment provides benefits to the neighborhood and City by providing an opportunity to provide park and open space to the neighborhood without the need to leave the area. Plante's Ferry Park, the nearest formal public park, is outside municipal boundaries and maintained by Spokane County. The proposed amendment will provide new City -owned and maintained park and open space for residents. The expansion of park space in this area will help the City meet its adopted LOS for park land. 22. The quantity and location of park land is planned for and needed as identified in the Parks Plan. A park at this location furthers the goals of the Parks Plan and Comprehensive Plan. 23. The proposed change would have no on projected population density. 24. The proposal will not have an impact on other aspects of the Comprehensive Plan. In addition to meeting the goals in the Parks and Recreation Master Plan the proposed amendment addresses the following goals, policies, and strategy of the Comprehensive Plan: LU-G2 Provide for land uses that are essential to Spokane Valley residents, employees, and visitors. Planning Commission Findings and Recommendation CPA-2023-01 Page 3 of 4 LU-P18 Enable public open spaces. P-GI Develop, grow, and maintain a diverse and accessible park, recreation, trail, and open space system that enhances community character. P-P2 Acquire land for the development of parks or the preservation of open space within the City's boundaries and adjacent UGAs. P-P3 Using the Parks and Recreation Master Plan, periodically assess recreational facilities to identify potential gaps and improvements. P-P5 Design parks and community facilities to provide easy access for pedestrians, bicycles, autos, and public transit. P-P8 Plan for access to parks, trails, and other open spaces in all neighborhoods. NR-Gl Pursue flood hazard reduction while providing predictability for landowners. NR-P2 Prepare and/or regularly update watershed plans for Chester Creek, Glenrose Channel, Saltese Creek, Forker Draw, and Central Park Basin. NR-P3 Prepare an accurate, updated map of areas expected to be inundated by a 100- year flood, particularly in the Spokane River, Forker Draw, and Glenrose Channel Areas. NR-P9 Ensure that wetlands, fish and wildlife habitat conservation areas, frequently flooded areas, geologically hazardous areas, and critical aquifer recharge areas are identified, designated, and protected. Conclusion: The Planning Commission finds compliance with SVMC 17.80.140(H) — Comprehensive Plan Amendment Approval Criteria for CPA-2023-01. This proposed 2023 Comprehensive Plan amendment is consistent with the goals and policies of the Spokane Valley Comprehensive Plan, and would promote the public health, safety, welfare, and protection of the environment. Recommendations: The Spokane Valley Planning Commission recommends the City Council approve 2023 Comprehensive Plan amendment CPA-2023-01. Approved this 13' day of July 2023. Karl Granrath, Chairman ATTEST Marianne Lemons, Planning Commission Secretary Planning Commission Findings and Recommendation CPA-2023-01 Page 4 of 4 CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: July 13, 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 Findings of Fact GOVERNING LEGISLATION: RCW 36.70A.106, SVMC 17.80.150 and 19.30.040. PREVIOUS COMMISSION ACTION: May 11, 2023 — Study Session; May 251— Study Session deferred to June 8d; June 8' — Study Session; June 22, 2023 — Public Hearing. 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 related matters. 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. On May 11, 2023, the Planning Commission conducted a study session on the proposed amendment and requested additional information 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. The second study session was scheduled for May 251, but due to noticing issues the item was moved to the June 81 meeting. On June 22" d a public hearing was conducted followed by deliberations. The Planning Commission voted 6-0 (one member was absent) to recommend to City Council that CTA-2023-0002 be denied. OPTIONS: (1) Approve the Planning Commission's Findings and Recommendation for CTA-2023-0002 or (2) provide further direction. RECOMMENDED ACTION OR MOTION: Move to approve the Planning Commission's Findings and Recommendation for CTA-2023-0002. STAFF CONTACT: Lori Barlow, AICP, Senior Planner ATTACHMENTS: 1. Findings and Recommendation 2. Draft CTA-2023-0002 RPCA Findings and Recommendation for Code Text Amendment CTA-2023-0002 Page 1 of I FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING COMMISSION CTA-2023-0002 Proposed Amendment to Spokane Valley Municipal Code (SVMC) Pursuant to SVMC 17.80.150(E) the Planning Commission shall consider the proposal and shall prepare and forward a recommendation to the City Council following the public hearing. The following findings are consistent with the Planning Commission recommendation. Background: 1. Pursuant to RCW 36.70A.130, Spokane Valley adopted its 2016 Comprehensive Plan Update and updated development regulations on December 13, 2016, with December 28, 2016, as the effective date. 2. At the April 18, 2023, Council meeting Council discussed the ADU requirement that the owner of the property must occupy either the primary residence or the ADU for at least 6 months of the year, and directed staff to review the requirement. 3. CTA-2023-0002 is a City -initiated text amendment to eliminate the requirement that the property owner occupy the primary dwelling unit or the accessory dwelling unit (ADU). 4. The Planning Commission held a properly noticed public hearing and conducted deliberations on June 22, 2023. The Commissioners voted 6-0 (one member is absent) to recommend that the City Council deny the amendment. Planning Commission Findings: 1. Compliance with SVMC 17.80.150(F) Approval Criteria a. The proposed text amendment is consistent with the applicable provisions of the Comprehensive Plan. Findings: The proposed amendment is not consistent with the following goals and policies of Comprehensive Plan: LU-Gl Maintain and enhance the character and quality of life in Spokane Valley. H-P6 Preserve and enhance the city's established single-family neighborhoods by minimizing the impacts of more dense housing typologies such as duplexes and cottage development. Conclusion: The proposed text amendment is not consistent with the goals and policies of the Comprehensive Plan. b. The proposed amendment does not bear a substantial relation to public health, safety, welfare and protection of the environment. Findings: The proposed amendment does not bear substantial relation to public health, safety, welfare, and protection of the environment for the following reasons: L The proposed amendment will turn neighborhoods into rentals. it Evidence was not provided that removing the requirement will have an impact on the housing crisis iiL The rights of property owners should be protected and balanced against the rights of the adjacent property owners. iv. Changes to owner occupancy requirement are inevitable over the next 3 years as a result ofthe legislation. However, the impacts to infrastructure and the long-term consequences of increased density should be studied prior to adopting changes to density. V. The discussion is premature until the full impacts of the legislative changes is evaluated The City must look at the costs of the required density increase and should use the next 3 years to prepare for the changes. Findings and Recommendations of the Spokane Valley Planning Commission CTA-2023-0002 Pagel oft FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING COMMISSION vi. The rights of the current residents should be considered versus the capital investments necessary to support the additional population. v!L The CTA establishes ADU's that are currently operating without the property owner living on the premises as a legal ADU. viiL Private property rights should be protected to the extent that the rights of others are not impacted. The current rules protect those interests. ix. Spokane removed the owner requirement, and it resulted in a doubling of the ADU permits. x. The City should wait to take action on implementing the legislation and should consider how to encourage the state to undo the legislation. xi. Majority of comments heard from the public are opposed and would not like to speed up the process required by the state. Conclusion: The proposed text amendment does not bear a substantial relation to public health, safety, welfare, and protection of the environment. Recommendation: For the reasons stated above the Spokane Valley Planning Commission recommends that the City Council deny CTA-2023-0002. Attachment: Exhibit 1 — Proposed Amendment CTA-2023-0002 Approved this 22nd day of June 2023: Planning Commission Chair ATTEST Marianne Lemons, Administrative Assistant Findings and Recommendations of the Spokane Valley Planning Commission CTA-2023-0002 Page 2 of 2 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. 12. Prior to issuance of occupancy, a deed restriction shall be recorded with the Spokane County auditor to indicate the presence of an ADU, the Fequ4amea! of , d other standards for maintaining the unit as described in the SVMC. CTA-2023-0002 — ADU Update - Draft 24. Home businesses are prohibited in the ADU. Page 2/2 24. 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. 45. 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.