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Agenda 02/14/2013 sookane Valle Y Spokane Valley Planning Commission Agenda City Hall Council Chambers, 11707 E. Sprague Ave. February 14, 2013 6:00 p.m. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. APPROVAL OF AGENDA V. APPROVAL OF MINUTES: January 24, 2013 VI. PUBLIC COMMENT: On any subject that is not on the agenda VII. COMMISSION REPORTS VIII. ADMINISTRATIVE REPORT IX. COMMISSION BUSINESS 1. NEW BUSINESS: a. Public Hearing- CTA-01-13: A city initiated text amendment to amend Spokane Valley Municipal Code (SVMC) 19.120, Permitted Use Matrix, and Table 19.60-1, Commercial Development Standards, to allow Townhouses in the Neighborhood Commercial Zone as a permitted use. X. FOR THE GOOD OF THE ORDER XI. ADJOURNMENT COMMISSIONERS CITY STAFF BILL BATES -CHAIR JOHN HOHMAN,CD DIRECTOR KEVIN ANDERSON SCOTT KUHTA,PLANNING MGR,AICP CHRISTINA CARLSEN ROBERT MCCASLIN STEVEN NEILL JOE STOY-VICE CHAIR CARL HINSHAW,SECRETARY W W W.SPOKANEVALLEY.ORG CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: February 14, 2013 Item: Check all that apply: ❑ consent ❑ old business ❑ new business ® public hearing ❑ information ❑ admin.report ❑ pending legislation FILE NUMBER: CTA-01-13 AGENDA ITEM TITLE: Study session—Amendment to the Spokane Valley Municipal Code DESCRIPTION OF PROPOSAL: A city initiated text amendment to amend Spokane Valley Municipal Code (SVMC) 19.120, Permitted Use Matrix, and Table 19.60-1, Commercial Development Standards,to allow Townhouses in the Neighborhood Commercial Zone as a permitted use. GOVERNING LEGISLATION: RCW 36.70A.106; SVMC 17.80.150 and 19.30.040 PREVIOUS ACTION TAKEN: Chapter 19.120, Permitted Use Matrix, was amended by City Council on September 25, 2012 (Ordinance No. 12-022). A study session with the Planning Commission was conducted on January 24,2013. BACKGROUND: On September 25,2012, City Council adopted a significant amendment to Chapter 19.120,Permitted Use Matrix,making a number of changes,mostly to the office and mixed use zones. Most of the changes expanded the uses allowed in these zones. One change recommended to the Planning Commission and Council was to remove Townhouses as a permitted use in the Neighborhood Commercial (NC)zone. This proposal would make Townhouses a permitted use in the NC zone. RECOMMENDED ACTION OR MOTION: Move to recommend approval of CTA-01-13, to allow Townhouses as a permitted use in the Neighborhood Commercial zone. STAFF CONTACT: Scott Kuhta,AICP,Planning Manager ATTACHMENTS: A. Staff Report and Findings CTA-01-13 CTA-04-12 RPCA for Study Session ATTACHMENT A COMMUNITY DEVELOPMENT DEPARTMENT CITY OF PLANNING DIVISION Spokane alle STAFF REPORT AND RECOMMENDATION TO THE PLANNING COMMISSION CTA-01-13 STAFF REPORT DATE: February 7,2013 HEARING DATE AND LOCATION: February 14, 2013,beginning at 6:00 p.m., Spokane Valley City Hall Council Chambers, Valley Redwood Plaza Building, 11707 East Sprague Avenue, Suite 101, Spokane Valley,Washington 99206. PROPOSAL DESCRIPTION: A city initiated text amendment to amend Spokane Valley Municipal Code (SVMC) 19.120, Permitted Use Matrix, to allow Townhouses in the Neighborhood Commercial (NC) Zone as a permitted use. PROPONENT: City of Spokane Valley Community Development Department, 11707 E Sprague Ave, Suite 106, Spokane Valley,WA 99206 APPROVAL CRITERIA: Spokane Valley Comprehensive Plan, Spokane Valley Municipal Code (SVMC) Title 17 General Provisions. SUMMARY OF RECOMMENDATION: The Planning Division recommends the Planning Commission approve the proposed amendment as put forth. STAFF PLANNER: Scott Kuhta,AICP,Planning Manager, Community Development Department ATTACHMENTS: Exhibit 1: Proposed text amendment to SVMC 19.120, Permitted and Accessory Uses and Table 19.60-1 —Commercial Development Standards A. BACKGROUND INFORMATION 1. APPLICATION PROCESSING: SVMC Chapter 17.80, Permit Processing Procedures. The following summarizes application procedures for the proposal. Process Date Pre-Application Meeting: N/A Application Submitted: N/A Determination of Completeness: N/A Published Notice of Public Hearing: 2/1/2013 and 2/8/2013 Sent Notice of Public Hearing to staff/agencies: 1/22/13 Staff Report and Recommendation CTA-01-13 2. PROPOSAL BACKGROUND: The proposal is to amend Spokane Valley Municipal Code (SVMC) Chapters 19.120,Permitted Use Matrix, and Table 19.60-1, Commercial Development Standards, to allow Townhouses as a permitted use in the Neighborhood Commercial zone. On September 25,2012,City Council adopted significant changes to the Permitted Use Matrix,mostly by expanding permitted uses in office and mixed use zones. One change was to remove Townhouses as a permitted use in the NC zone. This was the only residential use permitted in any of the commercial zones and it appeared to staff to be a mistake when the original Permitted Use Matrix was adopted. Staff has re-evaluated this change and now recommends adding Townhouses back as a permitted use in the NC zone. The Comprehensive Plan supports mixed use residential and commercial in neighborhood centers and adding Townhouses as a permitted use would allow some flexibility for NC zoned properties to have a residential component. The Spokane Valley Municipal Code(SVMC)defines Townhouses as follows: Dwelling, townhouse:A single-family dwelling unit constructed in groups of three or more attached units in which each unit extends from foundation to roof open on at least two sides. SVMC 19.40.020 establishes the following standards for Townhouse development: 1. a.Attached single-family dwellings, including duplexes and townhouses located on individual lots, shall meet minimum rear,front and side yard requirements (where applicable), minimum area requirements, and maximum lot coverage and building height requirements shown in Table 19.40-1. Townhouses are subject to the following requirements: i. No more than six dwelling units shall be attached in one continuous row or group; ii. No townhouse unit shall be constructed above another townhouse unit; iii. There shall be a side yard on each side of a contiguous row or group of dwellings of not less than six feet; iv. Townhouses included in a condominium development may limit the lot to the building footprint;provided that the yard area shared in common with all units is equivalent in area to the yard required by the underlying zone. Proposed Setbacks and Building Height The Neighborhood Commercial zone specifies the following standards for all development: Minimum Front Yard Setback -20 feet Minimum Flanking Street Setback—20 feet Minimum Side and Rear Yard Adjacent to a Residential Use or Zone—20 feet Maximum Building Height(in feet)-35 feet Page 2 of 4 Staff Report and Recommendation CTA-01-13 Staff proposes using the R-4 development standards for setbacks and building heights for Townhouse developments in the Neighborhood Commercial Zone: Front and Flanking Street Setbacks- 15 feet Garage Setback—20 feet Rear Yard Setback-20 feet Side Yard Setback—5 feet Maximum Building Height-35 feet B. FINDINGS AND CONCLUSIONS SPECIFIC TO THE MUNICIPAL CODE TEXT AMENDMENT 1. Compliance with Title 17(General Provisions)of the Spokane Valley Municipal Code a. Findings: SVMC 17.80.150(F)Municipal Code Text Amendment Approval Criteria i. The City may approve Municipal Code Text amendment,if it finds that (1) The proposed text amendment is consistent with the applicable provisions of the Comprehensive Plan; Staff Analysis: The proposed amendment is consistent with the applicable policies of the Comprehensive Plan. The amendment is consistent with the Comprehensive plan goals for encouraging a mix of commercial and residential uses in neighborhood centers,maintaining a flexible and consistent regulatory environment, and preserving and protecting neighborhoods. Relevant Comprehensive Plan goals and policies are shown below: Land Use Goal -1 Preserve and protect the character of Spokane Valley's residential neighborhoods. Land Use Policy LUP-1.3 Review and revise, as necessary, existing land use regulations to provide for innovation and flexibility in the design of new residential developments, accessory dwelling units and in-fill development. Land Use Goal LUG-2 Encourage a wide range of housing types and densities commensurate with the community's needs and preferences. Land Use Goal LUG-4 Provide neighborhood and community scale retail centers for the City's neighborhoods. Land Use Policy LUP-4.4 Encourage Mixed-use residential and commercial and office development in Neighborhood Commercial designations where compatibility with nearby uses can be demonstrated. Housing Goal HG-1: Encourage diversity in design to meet the housing needs of the residents of the community and region. Housing Policy HP-1.1: Consider the economic impact of development regulations on the cost of housing. Page 3 of 4 Staff Report and Recommendation CTA-01-13 Economic Goal EDG-7: Maintain a regulatory environment that offers flexibility, consistency,predictability and clear direction. Economic Policy EDP-7.2: Review development regulations periodically to ensure clarity,consistency and predictability. Neighborhood Policy NP-2.2: Review and revise as necessary,existing land use regulations to provide for innovation and flexibility in the design of new residential developments, accessory dwelling units, and in-fill development. (2) The proposed amendment bears a substantial relation to public health, safety, welfare, and protection of the environment; Analysis: The amendment bears substantial relation to public health, safety,welfare and protection of the environment. The proposed amendment will provide increased housing options and provide flexibility for infill residential development. b. Conclusion(s): The proposed text amendment is consistent with the approval criteria contained in the SVMC. 2. Finding and Conclusions Specific to Public Comments a. Findings: No public comments have been received to date. b. Conclusion(s): Public noticing was conducted as set forth in SVMC 17.80 for a Type IV application and has been deemed sufficient for this proposal. No concerns noted. 3. Finding and Conclusions Specific to Agency Comments a. Findings: No agency comments have been received to date. b. Conclusion(s): c. Public noticing was conducted as set forth in SVMC 17.80 for a Type IV application and has been deemed sufficient for this proposal. No concerns are noted. C. OVERALL CONCLUSION The proposed code text amendment is consistent with the Comprehensive Plans policies and goals. D. STAFF RECOMMENDATION The Planning Division, after review and consideration of the submitted application and applicable approval criteria,recommends the proposal to allow Townhouses in the Neighborhood Commercial zones. Page 4 of 4 Exhibit 1—Proposed Text Amendment to Neighborhood Commercial Zone CTA-01-13 Proposed Changes allowing Townhouse Development in the Neighborhood Commercial Zone Schedule of Permitted Uses a�i Reference Conditions Appendix 19-A _ o N 0 i V V V Q A L O C a) 7 a) a) O t R _cs N U -o a) 7 as aa)i _c E EE OE in" 0 co a) N M v a) c � a� . 2) E E E ED E i R J 2 LL LL Q a) O N to ,F O 0 O O a) O to O_ ' N M Ct Ct Ct 2 2 z 2U Um 0 0 zU UU (Yu au) P P P 814 Dwelling,townhouse P P P 19.60.070(B)(3) Table 19.60-1 —Commercial Development Standards Office Commercial Mixed Use Industrial GO 0 NC** C RC CC* CMU* MUC* I-1 1-2 Minimum Front Yard Setback 20 20 20 20 20 20 20 20 20 20 Minimum Flanking Street Setback 20 20 20 20 20 20 20 20 20 20 Minimum Side and Rear Yard Adjacent to a 20 20 20 20 20 20 20 20 35 35 Residential Use or Zone Maximum Building Height(in feet) 45 100 35 35 100 Unlimited 50 60 40 65 * Except as otherwise required ** Townhouse development in the NC zone shall comply with setback and building height standards in the R-4 zone found in Table 19.40-1 Exhibit 1—Proposed Text Amendment to Neighborhood Commercial Zone 19.60.070 B. 3. Projects with residential components shall provide 210 square feet of open space per dwelling unit conforming to the requirements of SVMC 19.40.020(E)and eligible for reduction for improvements on the same basis; provided, that: a. The requirement does not apply to the development of less than 10 new dwelling units; and b. Additional open space is not required for residential development located within 1,300 feet of a public park Table 19.40-1 —Residential Zone Dimensional Standards (In Feet) R-1 R-2 R-3 R-4 MF-1 MF-2 PRD Single-Family Lot Area/Dwelling Unit 40,000 10,000 7,500 6,000 3,600 2,000 Underlying zone Duplex Lot Area/Dwelling Unit 6,000 5,000 Lot Width 80 80 65(4) 50 45 20 30 Lot Depth 100 90 90 80 80 80 50 Minimum Front and Flanking Street Yard Setback(21(3) 35 15 15 15 15 15 15 Garage Setback(2 3) 35 20 20 20 20 20 20 Rear Yard Setback(1)(3) 20 20 20 20 10 10 15 Side Yard Setback")(3) 5 5 5 5 5 5 5 Open Space 10%gross area Maximum Lot Coverage 30.0% 50.0% 50.0% 55.0% 60.0% 65.0% 60.0% Exhibit 1—Proposed Text Amendment to Neighborhood Commercial Zone Table 19.40-1 —Residential Zone Dimensional Standards (In Feet) R-1 R-2 R-3 R-4 MF-1 MF-2 PRD Building Height(In Feet) 35 35 35 35 40 50 Underlying zone No accessory structure shall be located in the front or flanking street yard, and shall be set back not less than five feet from any side or (1) rear yard. Attached garages, where the garage door does not face the street, may have the same setback as the principal structure. (2) Setbacks, when adjacent to a private road or driveway easement, are established from the inner edges of the road or driveway and are (3) the same as noted above except the flanking road which would be five feet. (4) Duplex lots in R-3 zones may be a minimum of 60 feet in width. DRAFT PC ADVANCE AGENDA For Planning Discussion Purposes Only as of January 10, 2013 ***Please note this is a work in progress; items are tentative*** To: Commission& Staff From: Scott Kuhta, Planning Manager Re: Draft Schedule for Upcoming Commission Meetings February 28,2013 [due date Wed.,Feb.201 1. Findings: Code Text Amendment—Permitted Use Matrix(Townhouses in Neighborhood Commercial Zones) 2. Study Session: SEPA Categorical Exemptions March 14,2013 ldue date Wed.,March 61 1. Public Hearing: SEPA Categorical Exemptions 2. Study Session: Shoreline Management Program—Development Regulations March 28,2013 [due date Wed.,March 201 1. Findings of Fact: SEPA Categorical Exemptions 2. Study Session: Sign Code Amendments 3. Public Hearing: Shoreline Management Program—Development Regulations April 11,2013 [due date Wed.,April 3] 1. Public Hearing and Deliberations: Sign Code Amendments 2. Deliberations: Shoreline Management Program—Development Regulations April 25,2013 [due date Wed.,April 171 1. Findings of Fact: Sign Code Amendments 2. Cont'd Deliberations: Shoreline Management Program—Development Regulations 3. Study Session: Comp Plan Amendments May 9,2013 [due date Wed.,May 11 1. Findings of Fact: Shoreline Management Program—Development Regulations 2. Public Hearing: Comp Plan Amendments May 23,2013 [due date Wed.,May 15] 1. Deliberations: Comp Plan Amendments Draft Advance Agenda 2/7/2013 2:46:42 PM Page 1 of 1 Spokane Valley Planning Commission DRAFT Minutes Council Chambers— City Hall, 11707 E. Sprague Ave. January 24, 2013 I. CALL TO ORDER Chair Bates called the meeting to order at 6:00 p.m. II. PLEDGE OF ALLEGIANCE Commissioners, staff and audience stood for the pledge of allegiance III. ROLL CALL COMMISSIONERS Present Absent CITY STAFF Bill Bates-Chair 4,4 Scott Kuhta,Planning Manager Joe Stoy—Vice Chair Lori Barlow, Senior Planner Robert McCaslin r Erik Lamb,Deputy City Attorney Rod Higgins . ' Steven Neill . Christina Carlsen r r Kevin Anderson p r Cari Hinshaw, secretary IV. APPROVAL OF AGENDA Commissioner Stoy made a motion to approve the agenda as presented. This motion was passed unanimously. V. APPROVAL OF MINUTES Commissioner Neill made a motion to approve the January 10, 2013 and January 7, 2013 minutes as presented. This motion was passed unanimously. VI. PUBLIC COMMENT There was no public comment. VII. COMMISSION REPORTS VIII. ADMINISTRATIVE REPORTS Planning Manager Scott Kuhta: Reminded the Planning Commission about the sign code update from last year, and stated that our Code enforcement officers have been helping Planning Commission Minutes Page 1 of 5 businesses understand the new sign code. Mr. Kuhta mentioned that 2 or 3 folks showed up to the City Council meeting Tuesday, January 22, 2013 to express some concerns about sign regulations. He stated that John Hohman will be bringing a report back to the City Council March 5th, if any of the Planning Commission was interested in going. Mr. Hohman will be speaking on the enforcement activity, and how we have been helping the community with the regulations, also the possibility of revisiting the sign code regulations. IX. COMMISSION BUSINESS A. Unfinished Business: No unfinished business. B. New Business: Public Hearing: Shoreline Master Program Update — Draft Public Access Senior Planner Lori Barlow opened the Public Meeting explaining the purpose of the meeting and further stating the hope for this process is that the Planning Commission will forward a recommendation to council for approval. Ms. Barlow introduced Mr. Tadas Kisielius who is the special legal counsel for this project and Mr. John Patrouch who is with URS Corporation. Both were there to answer questions. Ms. Barlow provided the comments from the agencies that responded to the Plan: Department of Ecology, Washington State Parks, Spokane County Parks Department, Spokane Valley Parks and Rec, and Spokane Tribe of Indians. Ms. Barlow stated that with the exception of the Spokane Tribe of Indians the comments were fairly minor in nature. Ms. Barlow reviewed the response e-mail from Randy Abrahamson of the Spokane Indian Tribe. Mr. Abrahamson stated "I can't believe you didn't consider cultural resources etc...." Ms. Barlow stated that Mr. Abrahamson's letter was sent on a misunderstanding. And she further stated that Mr. Abrahamson did not understand that what he was asking for is just one piece to the Shoreline Master Plan. Ms. Barlow stated that they have addressed cultural resources in our goals, policies and they are currently addressing those in our development regulations. Ms. Barlow explained that Mr. Abrahamson comment letter does stay as part of the record, but he doesn't have any issues to this particular element, it was a bit of a misunderstanding in terms of what he was looking at. Ms. Barlow reported that to date there have been no public comment and they did make some changes to the technical review draft. As it became the public review Ms. Barlow stated they issued a public review draft, notices, and made it available for review and received no comments. Ms. Barlow had an open house on January 16, 2013. The turnout was rather low. Ten people attended and there were no real concerns from the persons that did attend. The Public Hearing was addressed. Ms. Barlow made a short recap of the Public Access Plan. Here are the things she went over: • Plan Review Summary • What is Public Access Planning Commission Minutes Page 2 of 5 • WAC Requirements (173-26-221-4) • What does Public Access look like • Public Access Plan • Section One- Introduction • Section Two- Integration with other Community Plans • Section Three-Public Access and Public Use • Section Four- Shoreline Conditions • Section Five- Proposed Shoreline Access and User Improvements • Section Six- Implementation Strategy • Draft Public Access Plan Development and Review Process Ms Barlow closed her presentation and asked if there were any questions. Chair Bates and Planning Commissioner Neill still had concerns about the e-mail comments from Randy Abramsom. Mr. Tadas Kisielius reiterated that the Public Access document is not intended to address what Mr. Abramsom comments were about. Mr. Kisielius stated that Mr. Abramsom concerns are for development regulations which will be addressed later at the appropriate date and time. After a brief discussion and no public comment Chair Bates closed the public meeting at 6:45 PM. Mr. Kisielius was open for questions, he discussed protecting public access and went thru and highlighted the benefits of the Public Access Plan. Which are as stated below: • Allows us to capture the nature and beauty. Also gives the recognition for great public access • Helps to protect the natural surroundings of the river corridor, long stretches of the centennial trail • Another benefit is to coordinate so you preserve that amenity. This also gives flexibility or relief for development and property owners. Mr. Kisielius also touched up on implementation on section 6. This was handed out in the PowerPoint presentation by Planner Ms. Barlow. Mr. Kisielius closed with asking if there were any questions. Chair Bates stated that a motion on the floor needed to be made prior to the discussion. So the motion was put on the table. Commissioner Stoy moved to accept the Shoreline Master Program Public Access Plan as presented by staff. A second was made. Chair Bates asked if there were any discussion. Planning Commission Minutes Page 3 of 5 Commissioner Anderson proposed three amendments to the main motion for the proposed Shoreline Master Program Update Public Access Plan. • To remove from page 8 the sentence: including an estimated 2 million uses in 2008 on the SRCT • To add the word existing to the top of table on page 10, table 3-2 • To add the word float boats for boat ramps on page 18, table 5-2 • To add motorized boats for Myrtle Point since this is intended for a true boat ramp John Patrouch informed Commissioner Anderson that Myrtle Point is a non motorized access. Commissioner Stoy moved to amend the main motion previously on the table for the Shoreline Master Program Public Access Plan to incorporate the three modifications that were discussed: 1. To remove from page 8 the sentence: (including an estimated 2 million uses in 2008 on the SRCT). 2. To add the word existing to the top of table on page 10, table 3-2. 3. To add the word non-motorized boats for boat ramps on page 18, table 5-2 for Sullivan Park and Myrtle Point. This was passed unanimously. Chair Bates asked if there was any discussion on the amended motion and asked for all in favor for the amended motion. This was passed unanimously. Chair Bates asked if there was any discussion on the main motion. There was none and this was passed unanimously. Study Session: Amendment to the Spokane Valley Municipal Code CTA-01-13 Planning Manager Scott Kuhta opened by saying; the amendment is proposing to add townhouses back into the Permitted Use Matrix for the Neighborhood Commercial Zone. Mr. Kuhta stated that the Permitted Use Matrix was amended last year. One of the changes was to remove townhouses from the Neighborhood Commercial Zones. Mr. Kuhta talked to a gentleman who expressed interest in developing townhouses on property zoned Neighborhood Commercial. Prior to purchasing the property, the individual saw that townhouses were a permitted use in the zone. Mr. Kuhta stated that he reevaluated it and believes that townhouses fit ok in the neighborhood commercial zone. Mr. Kuhta stated that the Comprehensive Plan includes policies that support townhouses, specifically that there is a policy that talks about mixed uses in the neighborhood centers. Mr. Kuhta explained a townhouse is a single family unit with at least three units attached, up to six Planning Commission Minutes Page 4 of 5 total, in each block and developed on individual lots. This is a specific development type. Commissioner Anderson needed some explanation about the lots. Mr. Kuhta explained that six units would be on their own lot and would have their own front and back yard. Town houses are different than duplexes. They are 3-6 units attached, all on their own platted lots. They are connected with a zero lot line. Chair Bates wanted to know if they have the same regulations as far as height and setbacks. Mr. Kuhta informed Chair Bates that they are the same regulations that you would find for all residential development in the zone that they are in. Mr. Kuhta discussed how there is a provision in the Code that says townhouses are developed and separate platting process for town houses. Commissioner Carlsen asked if the lot was big enough to split into lots to have town houses built. Mr. Kuhta stated that this property is small that and that it would be limited. The Neighborhood Commercial zones are meant to be smaller areas. This proposal allows the market to work a little bit if retail isn't working. It allows flexibility in such a way that it wouldn't be sitting vacant. Mr. Kuhta proceeded to say that the proposal is to put the P back under Neighborhood Commercial and to add the reference condition. Commissioner Stoy mentioned the residential requirements and asked if the minimum would be met on that particular property. Mr. Kuhta stated that if they can't they will have to look at something else. But they still need to meet the required setbacks. Mr. Kuhta explained that a Neighborhood Commercial zone does not specify minimum lot size because there are no other residential uses that are allowed there. There are no residential standards, so Mr. Kuhta stated he will look into this and bring back some information to the public hearing to see if that is something of concern. X. GOOD OF THE ORDER There was nothing for the good of the order. XI. ADJOURNMENT The being no other business the meeting was adjourned at 7:32 p.m. Bill Bates, Chairperson Cari Hinshaw, PC Secretary Date signed Planning Commission Minutes Page 5 of 5