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Minutes - 01/31/2008 Approved Spokane Valley Planning Commission Approved Minutes Council Chambers — City Hall, 11707 E. Sprague Ave. Special Meeting January 31, 2008 L CALL TO ORDER Chair Robertson called the meeting to order at 6:00 pm. IL PLEDGE OF ALLEGIANCE Commissioners, staff and audience stood for the pledge of allegiance. IIL ROLL CALL City Clerk Bainbridge called roll; Commissioners Robertson, Beaulac, Carroll, Kogle, Sands and Sharpe were present. Chair Robertson excused Commissioner Eggleston. Commissioner Eggleston arrived at 6:26 p.m. Staff attending the meeting. Community Development Director Kathy McClung; Planning Manager Greg McCormick, Development Senior Engineer John Hohman, and City Clerk Chris Bainbridge. IV. APPROVAL OF AGENDA. It was moved by Commissioner Kogle, seconded and unanimously agreed to approve the agenda as presented. Chair Robertson mentioned he would like to change the order on the agenda to have the "Doggie Daycare Amendment" presented prior to the "Emergency Amendments." There was no objection. V. PUBLIC COMMENT. Chair Robertson invited public comment; no comments were offered. VIL FOR THE GOOD OF THE ORDER As staff inembers were making presentation material copies for the Commissioners, Chair Robertson took a few moments to explain the Public Hearing process. Commissioner Carroll asked about the status of the stormwater definitions, and Engineer Hohman responded that part-time employee Gloria Mantz continues to work on that, and it is anticipated to have those definitions completed within the next few weeks. Chair Robertson also mentioned that U.S. Representative Kathy McMorris Rogers will be in town tomorrow to visit the new sports center the "HUB" and he invited everyone to the HUB at 2:30 tomorrow for that occasion. VL COMMISSION BUSINESS: New Business — Public Hearing — Uniform Development Code Amendments 1. PUBLIC HEARING: DOGGIE DAYCARE AMENDMENT: Chair Robertson declared the public hearing open at 6:07 p.m. and asked for staff presentation. Community Development Director McClung thanked the Commissioners for their attendance during such winter conditions. She said this is a proposal to add Doggie Daycares and Indoor Kennels in the Neighborhood Commercial, Regional Commercial, and Corridor Mixed Use zones; that "doggie daycare" is not listed in the Code and is a fairly new concept; that the applicants followed the procedure whereby prior to the adoption of the new UDC, they checked with staff and asked if their facility could be in a Planning Commission Meeting Minutes of 1-31-08 Page 1 of 4 Approved mixed use commercial zone, which at that time was B3, and they were told it was allowed; however, after the adoption of the UDC, such was not included in the mixed use commercial zone and as the applicants had not actually submitted their application, they were not vested. Ms. McClung further explained that the applicants asked her for an interpretation as allowed by Code, and that she did so for the Doggie Daycare portion but she did not feel comfortable in including indoor kennels as they were addressed in other zones in the Code. Director McClung said that the applicants therefore applied for a Code amendment, which triggered this public hearing; that staff feels that is an appropriate use and that there will be more residential incorporated in commercial areas and people will be using those types of services; that staff feels this meets the criteria set forth; that to approve a Code amendment, such (1) must be consistent with the Comprehensive Plan; and (2) must be good for the general health and welfare of the community; and that staff therefore recommends approvaL Commissioner Kogle asked if this would become part of the land-use matrix, and Ms. McClung responded it would to keep the Code consistent; and she mentioned that the applicants are present if Commissioners have questions for them. Commissioner Robertson invited public testimony. Lonny Kelp, 2724 South Man-of-war Lane, Veradale, WA. Mr. Kelp said he is with "Jeannie's Doggie Daycare and Pet Hotel;" said that their "kennel" is not a kennel but more of a type of "Davenport Hotel,." There being no further comment, Chair Robertson declared the public testimony closed at 6:12 p.m. and asked for a motion. It was moved by Commissioner Kogle and seconded that they recommend adoption of the permitting of indoor kennels and doggie daycare businesses in the Neighborhood Commercial, Regional Commercial, and Corridor Mixed Use zones. Brief Commission discussion included that this would be an all-indoor facility, and that Commissioner Kogle mentioned that while she supports this type of business, she is not certain she favors kennels all "up and down" the commercial areas and wondered if there is a way to make this distinction as allowing this business, would mean allowing others. Director McClung explained that this must be entirely indoors, and many kennels would not fit that classification, and they must meet the noise requirements and other conditions in the Code, and that this does not include all commercial zones; and in response to question, there will be no external runs. Director McClung mentioned that when she was originally asked to give a formal interpretation, such request came from staff rather than the applicant; and it was staff's impression that the applicant was asking for short- term doggie daycare only; and that Ms. McClung said she felt comfortable in making that determination; but once it moved to more of a kennel area with longer stays, a code amendment became necessary. Vote by Acclamation was unanimous to recommend adoption to City Council as stated above. At the request of Chair Robertson, Mr. Kemp gave a more detailed description of his operation. 2. PUBLIC HEARING: EMERGENCY AMENDMENTS PASSED BY COUNCIL 11-7-07: Chair Robertson opened the public hearing at 6:19 p.m., and asked for staff's presentation. Planning Manager McCormick explained the history of the interim amendments to the UDC, and said that these will remain interim until officially adopted by Council; and that the interim ordinance expires May 7, 2008. Mr. McCormick said the UDC sections of concern include 19.40.010 regarding use of RV's (which includes travel and/or camper trailers) as a temporary or permanent dwelling; sections 19.40.090 and .100 dealing with Accessory Dwelling Units; Appendix A Definitions and the correction of the definition of ADU; and section 19.60.010 which is a table which omitted a flanking street setback in the commercial and office zoning district; and section 22.130 which did not address areas for future acquisition; and he mentioned that Mr. Hohman is here should there be questions in regard to future acquisition, that Development Engineering uses that on a regular basis to address development. Concerning section 19.40, Residential Accessory uses and structures, Mr. McCormick explained that this is the change dealing directly with the accessory dwelling unit (ADU), and the revisions in 19.40.100 adds a purpose and intent statement, includes conditions and limitations not previously provided, includes Planning Commission Meeting Minutes of 1-31-08 Page 2 of 4 Approved development standards and criteria for those ADUs, and provides the appropriate application process. It was also mentioned that in section 19.40.100.3a: "All accessory apartment dwelling units. .." Mr. McCormick said that change will be made to make the language consistent.. Commissioner Sands suggested including the acronym ADU in the definitions; and Mr. McCormick said he will check to make sure we have a list of acronyms, or to include "ADU" in the definitions. Chair Robertson then opened the floor to public testimony. Sara Orran_�e, Spokane Homebuilders and Spokane Association of Realtors, 5814 East 4 Spokane Valley, WA 99212. Ms. Orrange read a January 31, 20081etter (see attached) from Joel White, Executive Officer of Spokane Home Builders Association, addressing 19.40.100 Accessory Dwelling Units: purpose and intent; standards and criteria, definition of "family;" size of the ADU, and the application process; and 22.130.035 Future Acquisition Areas. Chair Robertson invited further testimony and after hearing none, he declared this part of the hearing closed at 6:55 p.m. Mr. McCormick mentioned the size of the ADU as recommended in the letter, and mentioned that the intent of the ADU is not to create duplexes, and that many of the single family residential areas are not designed to have multi-family residences; and of the recommendation to increase the square footage from 800 to 1200, that there are many single family homes with 1200 square feet or less; and such an increase in square footage is likely not in keeping with the Comp plan goals and policies concerning neighborhood preservation. There was some discussion concerning this unit size limitation, perhaps to have the size a maximum 1,000 square feet; that given the purpose and intent of the ADU, the purpose is not to reduce isolation and urban sprawl and infilling, but rather the purpose is to maintain that single family unit and that the statement of purpose and intent "to reduce the isolation of households that is a result of urban sprawl and suburban land use" should be deleted. Regarding the letter's comment on the application process, Mr. McCormick explained that there is an identified process and it is not a conditional use, but is a simple ADU application that the owner provides the information so we know what is being proposed is consistent with the adopted regulations; that this is an administrative review, and once everything is satisfactory, there would be a sign-off on the process; and that is currently provided for in Title 17; and that we are not proposing any changes to Title 17. Mr. Hohman mentioned that the letter further states that "stormwater facilities located within the FAA must be relocated once the city purchases the property for public use. .. so, in essence, the city condemns the property and takes away its available use;" and he mentioned that there is no condemnation of property, that the language is in the interim zoning code and was in Spokane County's zoning code; and this was an oversight in not including it in the UDC; that it does not condemn or dedicate the property but sets it aside for future road improvements; and is typically used on major arterial road projects and not on local access streets. Director McClung stated that the definition of "family" is included in the Code, and she read that definition. Chair Robertson closed the public hearing at 7:06 p.m. and asked for a motion. It was moved by Commissioner Kogle and seconded that they recommend to the City Council, emergency uniform development code amendments as listed, that they are from title 19 and 22, section 19.40.100; section 19.40.090 and .100, Appendix A, Section 19.60.010, and section 22.130. Discussion ensued regarding the size of the ADU, including the number of bedrooms, and the intent to preserve the single-family residential area; and to perhaps start with the lower square footage and change in the future if needed. Planning Commission Meeting Minutes of 1-31-08 Page 3 of 4 Approved It was moved by Commissioner Sands and seconded to amend the square footage to 1,000 and keep the unit at two bedrooms. Vote was four in favor; three opposec� Motion passec� Commissioner Sands moved to change the language under 19.40.100 accessory dwelling units section l.d purpose and intent, to remove the language "to remove the isolation of households that is a result of urban sprawl and suburban land use" because it does not meet the intent of the accessory dwelling unit purpose. T�ote by Acclamation: Unanimous in favor. T�ote by Acclamation to recommend this to City Council as amended: Unanimously in favor. Ms. McClung reminded Commissioners of the upcoming open house February 14, 2008 meeting, and of the joint meeting/study session with the Council on February 19 on Book 3 concerning the corridor. It was moved by Vice Chair Beaulac, seconded and unanimously agreed to adjourn. The meeting adjourned at 7:19 p.m. SUBMITTED: APPROVED: Christine Bainbridge, City Clerk Ian Robertson, Chair Planning Commission Meeting Minutes of 1-31-08 Page 4 of 4