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2023-06-22 PC APPROVED SIGNED MINUTESSpecial 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. III. 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. VIL 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 Planning 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 2"d & June 9d , 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 property from 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 LO Walt Hane-Chairman Marianne Lemons, Secretary Date Signed