Planning Commission Meeting Agenda...Planning Commission Agenda Item Report Submitted by: Michelle Ochs Submitting Department: Development Services Meeting Date: July 12, 2017 Subject:

Planning Commission Meeting AgendaPuyallup City Council Chambers

333 South Meridian, PuyallupJuly 12, 2017

6:30 PM

ROLL CALL

APPROVAL OF THE AGENDA

CONSIDERATION OF MINUTES

Consideration of the Minutes for February 22, 2017, March 8, 2017, March 22, 2017, and April26, 2017. February 22, 2017 PC DRAFT Minutes.pdfMarch 8, 2017 PC DRAFT Minutes.pdfMarch 22, 2017 PC DRAFT Minutes.pdfApril 26, 2017 PC DRAFT Minutes.pdf

WORKSESSION TOPICS

Zoning Overlays - Agriculture and Floodplain STAFF MEMO 071217.docxAg Zoning Code DRAFT 7.12.pdfFloodplain Overlay Code 7.12.pdf

OTHER COMMISSION BUSINESS

CITIZEN COMMENTS - TIME PERMITTING AND ADDRESSING ITEMS ON THE AGENDA

ADJOURNMENT

The City Council Chambers is wheelchair accessible. Those needing assistance with hearing devicesshould contact the City Clerk's Office (253-841-5480) the Friday preceding the meeting.

1

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/84355/February_22__2017_PC_DRAFT_Minutes.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/84356/March_8__2017_PC_DRAFT_Minutes.pdf


https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/84358/April_26__2017_PC_DRAFT_Minutes.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/84673/STAFF_MEMO_071217.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/84672/Ag_Zoning_Code_DRAFT_7.12.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/84671/Floodplain_Overlay_Code_7.12.pdf

Planning Commission Agenda Item Report

Submitted by: Michelle OchsSubmitting Department: Development Services Meeting Date: July 12, 2017

Subject:Consideration of the Minutes for February 22, 2017, March 8, 2017, March 22, 2017, and April 26, 2017.

Presenter:

Recommendation:Planning Commission will review and act upon the minutes from February 22, March 8, March 22, and April 26, 2017meetings.

Background:

Council Direction:

Fiscal Impacts:

Attachments February 22, 2017 PC DRAFT Minutes.pdf March 8, 2017 PC DRAFT Minutes.pdf March 22, 2017 PC DRAFT Minutes.pdf April 26, 2017 PC DRAFT Minutes.pdf

2

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/84355/February_22__2017_PC_DRAFT_Minutes.pdf



https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/84358/April_26__2017_PC_DRAFT_Minutes.pdf

Page 1 of 2

City of Puyallup Planning Commission

Puyallup City Hall – Council Chambers February 22, 2017

7:00 PM

(These minutes are not verbatim. The meeting was recorded, and copies of the recording are retained for a period of six years from the date of the meeting and are available upon request.) PLANNING COMMISSIONERS PRESENT:

Chair Clay Ciolek, Vice-Chair Pat McGregor, Cyndi Anderson, Curt Gimmestad, Donnie Juntunen, Chris Larson, Art Seeley

PLANNING COMMISSIONERS ABSENT:

STAFF PRESENT: Director of Development Services – Tom Utterback; Senior

Planner – Katie Baker; Assistant Planner – Rachael Brown; Administrative Assistant – Michelle Ochs

The meeting was called to order at 7:00 p.m. A quorum was established. APPROVAL OF THE AGENDA Mr. McGregor moved to approve the agenda, with a second by Ms. Anderson. The Commissioners unanimously approved the agenda. CONSIDERATION OF THE MINUTES February 8, 2017 Mr. Larson moved to approve the minutes as submitted, with a second by Mr. Seeley. The Commissioners unanimously approved the minutes. PUBLIC HEARING Institutional Zoning (Recording start time 1:47) Ms. Brown gave an overview of the item, including the two options that are being proposed for the Commissioner’s consideration for tonight’s public hearing. Ms. Brown explained the next steps in this process, including Planning Commission and City Council actions.

To be reviewed – July 12, 2017

3

Page 2 of 2

The public hearing opened at 7:20 p.m. Don Johnson – Superintendent of Cascade Christian Schools – Mr. Johnson thanked the Planning Commission and staff for their work on this process, and stated that Cascade Christian supports Option 1, as they feel it meets the intent and purpose of treating private schools in a similar fashion to public schools. Mr. Ciolek pointed out that Option 1 has language regarding a master plan, Mr. Johnson stated that he does not see that requirement as a hindrance to the process. The public hearing closed at 7:24 p.m. Mr. Ciolek asked for some clarification as to which option requires a master plan or a conditional use permit. Ms. Brown explained that high schools have the option of choosing a master plan or a conditional use permit, and that colleges or educational facilities require a master plan. Ms. Brown also explained that the college or educational facility, regardless of size, would still require a master plan. There was some general discussion regarding size requirements and noticing procedures for Conditional Use Permits. There was discussion regarding an attachment in the Planning Commission packet that had been added by Ms. Brown to define the terms: day care provider, family and day care center, to determine whether they are considered “schools” and would therefore be affected by this proposed new zoning. There was a question as to why a master plan is required for these schools that in the future don’t have the room to build out, or if just an expansion on an existing building would require a master plan. Ms. Brown explained that a master plan is required because these types of uses are generally more impactful, are required to come up with a plan to mitigate the impacts, even a simple expansion of a building. Mr. McGregor commented that there doesn’t seem to be a huge necessity for this new zoning, and that it is his opinion that it is only being looked at for the sake of Cascade Christian, with not a lot of interest from the other private schools in Puyallup. Mr. Larson made a motion to recommend approval of Option 1, and to request that staff review the definitions as necessary and determine whether there is a need to add the definitions into the code. Mr. Gimmestad seconded the motion. The Planning Commission voted and the motion failed, 3 - 4. There were no motions made regarding Option 2. Ms. Anderson made a motion to recommend approval to leave the zoning as is with no changes (Option 3), and Mr. Juntunen seconded the motion. The motion passed 5 -2. OTHER COMMISSION BUSINESS Ms. Baker communicated that Mr. Gimmestad, Mr. Ciolek, and Ms. Anderson are leaving the Commission with their terms expiring at the end of February, and thanked them for their service on the Planning Commission. ADJOURNMENT The meeting was adjourned at 7:58 p.m.

4

Page 1 of 2


Puyallup City Hall – Council Chambers March 8, 2017

6:30 PM


Vice-Chair Pat McGregor, Donnie Juntunen, Chris Larson, Laurie Larson, April Sanders, Art Seeley


Morgan Ireland

STAFF PRESENT: Senior Planner – Katie Baker; Administrative Assistant –

Michelle Ochs

The meeting was called to order at 6:30 p.m. A quorum was established. APPROVAL OF THE AGENDA Mr. Larson moved to approve the agenda, with a second by Mr. Seeley. The Commissioners unanimously approved the agenda. Mr. McGregor elected to put a hold on the election of officers to make sure Mr. Juntunen would be able to participate (Mr. Juntunen hadn’t arrived at the meeting yet), that item was moved on the agenda to take place after the work session topic. AGENDA ITEMS Zoning Overlays – Agriculture (Recording start time 01:50) Ms. Baker gave a brief background of the project, and an overview of the status of the overlay, and the next steps in the process. Ms. Baker gave a handout with a table of a listing of all the City’s overlays, and a map of the Agriculture & Open Space/Ag FLU Overlay. Planning Commission feedback:

• Ms. Sanders asked if the ag parcels outside the overlay are non-conforming, Ms. Baker replied that they are non-conforming and would not be able to expand, but would continue with the non-conforming use.


5

Page 2 of 2

• Mr. Seeley pointed out that there are major entities such as PSRC (Puget Sound Regional Council) that are encouraging agricultural lands inside the Urban Zones, and that he would like to see an allowance for new agricultural uses.

• Mr. Juntunen asked why they are currently looking at the overlays, Ms. Baker explained that there have been questions about farming and growing on residential properties in order to sell at a Farmer’s Market, and that is not allowed, you can only garden on your property for personal consumption.

• Ms. Larson asked about livestock allowances that can go along with some agricultural uses, Ms. Baker explained that there are code regulations regarding animals that address different species separately. Ms. Baker commented that this might be a possible part of this discussion, and that some work could possibly need to be done on the regulations for animals.

• There was some further discussion on whether to extend the overlay, with any missed properties with existing agricultural uses being able to apply to come in to the overlay in the appropriate time period.

• Ms. Sanders asked if there is an option for someone to withdraw from the overlay if they don’t want to be a part of it, Ms. Baker explained that the process would be very similar to applying for a zoning change that would go before the Hearing Examiner.

Ms. Baker explained that she would have some draft code for the Planning Commission to go over at the next meeting on this topic, and that there would be more on the Open Space overlay at a future date. ELECTION OF OFFICERS Mr. Juntunen nominated Pat McGregor for Chair, with a second by Mr. Seeley. The Commissioners voted, and the motion to nominate Pat McGregor for Chair for the 2017-2018 term, passed 6-0. Mr. Seeley nominated Chris Larson for Vice Chair, with a second by Mr. Juntunen. The Commissioners voted, and the motion to nominate Chris Larson for Vice Chair for the 2017-2018 term, passed 6-0. OTHER COMMISSION BUSINESS Ms. Baker gave a brief presentation of OPMA (Open Public Meetings Act), and pointed out that new, incoming Commissioners are required to take OPMA training, and that current Commissioners should have a refresher course once every four years. ADJOURNMENT The meeting was adjourned at 7:32 p.m.

6

Page 1 of 3


Puyallup City Hall – Council Chambers March 22, 2017

6:30 PM


Morgan Ireland, Donnie Juntunen, Laurie Larson, April Sanders, Art Seeley


Pat McGregor, Chris Larson

STAFF PRESENT: Director of Development Services – Tom Utterback; Senior

Planner – Chris Beale; Senior Planner – Katie Baker

The meeting was called to order at 6:33 p.m. A quorum was established. APPROVAL OF THE AGENDA Ms. Sanders moved to approve the agenda, with a second by Ms. Larson. The Commissioners unanimously approved the agenda. CONSIDERATION OF THE MINUTES November 9, 2016 The Planning Commission decided to delay this item and review it at the next meeting due to a lack of Commissioners in attendance at this meeting that attended the November 9, 2016 meeting. AGENDA ITEMS Zoning Overlays – Agriculture (Recording start time 01:40) Ms. Baker gave a brief background on the overlays and explained that the Commissioners will continue their review of the proposed code amendments, specifically regarding:

• Urban agriculture use allowances in multi-family zones

• Community urban use (community garden) regulations in residential zones

• Any additional terms to define or uses to address Ms. Baker also reviewed the new, proposed code with the Commissioners.


7

Page 2 of 3

Planning Commission feedback:

• Discussion regarding noticing procedures for property owners that have the overlay applied to them that are either selling or purchasing the property.

• Question regarding restrictions of use in the Agriculture Overlay, Ms. Baker replied that it is not restrictive at all, with no specific activities listed in the code.

Ms. Baker explained that staff is trying to clarify the process of qualifying and applying to be a part of the overlay designation.

• There was a question asked regarding selling produce grown on your property and whether applying for a home occupation license would fall under this code or a separate code, Ms. Baker replied that it will be in PMC 20.70 – Temporary Uses.

• There was some discussion regarding size restrictions for community gardens.

• Emphasis should be placed on the community learning the value of growing their own produce, either for their consumption, or to earn an extra income that would benefit the community, so this should not be too restrictive.

Ms. Baker explained that she would have the entire code package with amendments back before them in April, with a public hearing taking place with the annual Comprehensive Plan amendments sometime later in the year. Affordable Housing (Recording start time 49:31) Mr. Beale gave a handout of the RCW for Affordable housing incentive program, PMC code for Multi-family density allowances, and a table for Inclusionary Housing/Zoning Programs (Local Cities). Mr. Beale explained that the table was shown to City Council during a staff presentation on March 7, 2017, and that the Planning Commission will be reviewing that information at tonight’s meeting. Planning Commission Feedback:

• There was some discussion on whether there could be flexibility of the height/dwelling unit density bonuses for commercial and multi-family zone districts.

• Ms. Sanders stated a preference for incentive based programs to promote affordable housing, but was open to a discussion on other options, such as a multi-family tax exemption.

• Ms. Ireland commented that some of the incentives seem to create a burden on existing Puyallup residents, whereas the burden should be placed on the developer to produce more affordable options.

• Ms. Larson voiced concerns regarding the costs of impact fees, stating that some of the burden of the fees should fall on the developer.

8

Page 3 of 3

• There was some discussion regarding incentives for tiny homes, mother-in-law apartments, and detached units, and the fees involved in permitting them.

• There was some discussion on what part the parking/permit program would play in the Affordable Housing strategy.

OTHER COMMISSION BUSINESS Ms. Baker commented that the Active Transportation Plan was adopted by the City Council at their meeting the night before. ADJOURNMENT The meeting was adjourned at 8:29 p.m.

9

Page 1 of 2


Puyallup City Hall – Council Chambers April 26, 2017

6:30 PM


Chair Pat McGregor, Vice Chair Chris Larson, Morgan Ireland, Donnie Juntunen, April Sanders, Art Seeley


Laurie Larson

STAFF PRESENT: Senior Planner – Chris Beale; Senior Planner – Katie Baker

The meeting was called to order at 6:30 p.m. A quorum was established. CONSIDERATION OF THE MINUTES November 9, 2016 Mr. Larson moved to approve the minutes as submitted, with a second by Mr. Juntunen. The Commissioners voted and the minutes passed unanimously. December 14, 2016 Mr. Larson moved to approve the minutes as submitted, with a second by Mr. McGregor. The Commissioners voted and the minutes passed unanimously. AGENDA ITEMS 2017 Comprehensive Plan Amendments (Recording start time 02:45) Ms. Baker provided an overview of the amendments to the City’s Comprehensive Plan that will be considered for 2017, and explained for the newer Commissioners when and why amendments are made to the plan, and the process of how the amendments are made. Ms. Baker explained that there will be some city-initiated amendments, including the amendment to the Land Use Element to include the recent adoption of the South Hill Neighborhood Plan. Planning Commission Feedback:

• There was discussion regarding the population data and how those numbers are projected, Ms. Baker explained that they account for a 1.5% growth per year, along with


10

Page 2 of 2

data provided by the City regarding number of permits, annexations, and new project development.

• There was some general discussion regarding the population density and building intensities section of the Land Use Element.

Affordable Housing Strategy (Recording start time 29:38) Mr. Beale explained that the Planning Commission will continue its review on the Affordable Housing Strategy, specifically reviewing the table of incentives and amendments to the Puyallup Municipal Code (PMC) supporting affordable housing in the City. Planning Commission Feedback:

• Mr. Seeley pointed out that housing design standards should be carefully considered, so as not to allow huge homes on small lots, which don’t end up fitting in with the character of the neighborhood. Mr. Beale explained that one of the tools planners use when determining the size of the home in relation to lot size, is Floor to Area Ratio (FAR), and that it will remain in place.

• Concerns were raised about increasing the number of homes per development, without making sure there are stormwater mitigation measures to help with impacts. Mr. Beale explained that staff has made significant changes to address these issues.

• There was discussion about manufactured homes/tiny homes and what benefit they would have in the affordable housing plan since impact fees are high those types of homes.

• Mr. McGregor commented that he would like to see some code on tiny houses, and for the Planning Commission to look at it further.

• Mr. Juntunen requested information regarding senior/veteran affordable housing, and whether other cities have looked at this, what the code looks like, etc. Mr. Beale stated that staff could do more research on this type of housing.

OTHER COMMISSION BUSINESS None. CITIZEN COMMENTS None. ADJOURNMENT The meeting was adjourned at 7:49 p.m.

11

Planning Commission Agenda Item Report

Submitted by: Katie BakerSubmitting Department: Development Services Meeting Date: July 12, 2017

Subject:Zoning Overlays - Agriculture and Floodplain

Presenter:Katie Baker

Recommendation:Discussion

Background:The Planning Commission will finalize review of two zoning overlays (Agriculture and Floodplain), in preparation for anupcoming public hearing. Please see the attached staff memo and supporting code documents for more information.

Council Direction:

Fiscal Impacts:

Attachments STAFF MEMO 071217.docx Ag Zoning Code DRAFT 7.12.pdf Floodplain Overlay Code 7.12.pdf

12

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/84673/STAFF_MEMO_071217.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/84672/Ag_Zoning_Code_DRAFT_7.12.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/84671/Floodplain_Overlay_Code_7.12.pdf

City of PuyallupDevelopment Services | Planning Division333 S Meridian | Puyallup, WA 98371P: (253) 864-4165 | F: (253) 840-6678

To: Planning Commission

From: Katie Baker, AICP, Senior Planner

Subject: Zoning Overlays

Date of PC meeting: July 12, 2017

The July 12, 2017 Planning Commission work session will finalize review of zoning overlay code sections, specifically related to the agriculture overlay (PMC 20.50) and the floodplain overlay (PMC 20.49). The Commission has previously discussed these overlays at prior meetings on September 28 and October 12, 2016, and March 8, March 22, and May 24, 2017. This is intended to be the final review of draft code language prior to an upcoming public hearing.

Agriculture:Staff has finalized draft code language based on previous Planning Commission input. Proposed code language is noted in legislative markup. In addition, code language that has changed since the 5/24/17 meeting is highlighted.

The code sections for review are:- PMC 20.50 Agriculture Overlay Zone- PMC 8.08 Keeping of Fowl and Domestic Animals- PMC 20.15 Definitions- PMC 20.20 Single Family Residential Zones- PMC 20.25 Multi-Family Residential Zones- PMC 20.35 Manufacturing Zones- PMC 20.75 Home Occupations

Floodplain:In compliance with FEMA regulations, the City’s Engineering Department has recently adopted updated the Flood Damage Protection chapter in PMC 21.07 as well as FEMA flood plain maps. Therefore, staff recommends removal of the existing floodplain overlay zonefrom both the zoning map and the zoning code. PMC 20.49 Floodplain Overlay Zone is included in this packet for review of the language proposed for removal.

On July 12th, staff will facilitate discussion on this draft code language and receive Planning Commission direction for public review.

13

1

Chapter 20.50

AGRICULTURE OVERLAY ZONE

Sections:

20.50.000 Agriculture overlay zone.

20.50.005 Description and purpose.

20.50.010 Technical definitions.

20.50.015 Permitted uses – AGO zones.

20.50.020 Property development and performance standards – AGO zones.

20.50.025 Signs.

20.50.030 Agricultural nuisances.

20.50.035 Public notice.

20.50.000 Agriculture overlay zone.

The agriculture overlay AGO zone is hereby established. Properties so designated shall be subject to the

provisions of this chapter.


The AGO zone is intended to apply to properties designated “agriculture overlay” on the future land

useCity’s official zoning map of the comprehensive plan. The AGO zone is intended to ensure that

agricultural lands within these areas are treated sensitively to the location of and pressures from

surrounding urban development. It is the intent of this zone to encourage the continuation of

agricultural activities as defined herein until such time that these lands are needed for urban uses. It is

also the intent of this zone to protect agricultural activities from zoning and nuisance complaints.

20.50.010 Criteria.

The AGO zone shall be applied to properties meeting the following criteria:

(1) Property shall be a minimum of two acres in size.

(2) Property shall currently or within the previous five years be used for commercial agricultural

purposes, as defined in WAC 458‐30‐200.

20.50.010 Technical definitions.

For the purpose of this chapter, certain terms and words are defined:

(1) “Agricultural activity” means a condition or activity which occurs in connection with the production

of farm products, either for personal consumption or sale, and includes, but is not limited to, marketed

produce at roadside stands or farm markets; noise; odors; dust; fumes; operation of machinery and

irrigation pumps; movement including, but not limited to, use of current road ditches, streams, rivers,

canals, and drains, and use of water for agricultural activities; ground and aerial application of seed,

fertilizers, conditioners, and plan protection products; employment and use of labor; roadway

movement of equipment and livestock; protection from damage by wildlife; prevention of trespass;

construction and maintenance of buildings, greenhouses, fences, roads, bridges, ponds, drains,

14

2

waterways, and similar features and maintenance of streambanks and watercourses; and conversion

from one agricultural activity to another.

(2) “Farmland” means land or freshwater ponds devoted primarily to the production of livestock,

freshwater aquacultural or other agricultural commodities.

(3) “Farm product” means those plants and animals useful to humans and includes, but is not limited to,

forages and sod crops, dairy and dairy products, poultry and poultry products, livestock, including

breeding, grazing, and recreational equine use, fruits, vegetables, flowers, seeds, grasses, trees,

freshwater fish and fish products, apiaries, equine and similar products, or any other product which

incorporates the use of food, feed, fiber, or fur.

(4) “Generally accepted agricultural and best management practices” means sound, economically

feasible farming techniques and best management practices as defined and/or recommended by the

American Society of Agronomy, United States Department of Agriculture Soil Conservation Service,

Washington State Cooperative Extension Service, and other professional or industrial agricultural

organizations.

20.50.015 Permitted uses – AGO zones.

(1) Any use permitted or conditionally permitted in the underlying zone.

(2) Agricultural activities, including agricultural production, agricultural support uses.

(3) Community gardens.

20.50.020 Property development and performance standards – AGO zones.

(1) The development and performance standards for the particular use and the underlying zone shall

apply.

(2) Agricultural activities shall be conducted consistent with generally accepted agricultural and best

management practices and shall not be restricted in terms of time of day or days of the week.

20.50.025 Signs.

All signs within the AGO zones shall conform with the sign requirements of the underlying zone. In

addition, during any spray operations, farmers may post city‐approved caution signs on city right‐of‐way

that read “Caution – Spraying in Progress” or other warnings that may be required by other agencies,

without obtaining a permit.

20.50.030 Agricultural nuisances.

Notwithstanding any other provisions in this code, agricultural activities conducted consistent with this

chapter shall not be found to constitute a nuisance unless the activity has a substantial adverse effect on

the public health and safety. Agricultural activities undertaken in conformity with all applicable laws,

rules and generally accepted agricultural and best management practices are presumed to be good

agricultural practices not adversely affecting the public health and safety.

20.50.035 Public notice.

15

3

Any property offered for sale within the agriculture overlay zone shall include notice to potential

purchasers that it is located within an area where agricultural activities may be conducted and that such

activities are legal and permitted by zoning regulations. A note to this effect shall be placed on any short

plat or major subdivision approved by the city. Failure to do so shall not negate the right to engage in

agricultural activities on any property located within the agriculture overlay zone.

16

4

Chapter 8.08

KEEPING OF FOWL AND DOMESTIC ANIMALS

Sections:

8.08.010 Keeping of fowl and rabbitssmall farm animals.

8.08.02015 Keeping of hogs and goats.

8.08.0230 Keeping of certain domesticlarge farm animals.

8.08.030 Keeping of bees.

8.08.040 Domestic animals running at large restricted.

8.08.045 Animal sanitation in public places.

8.08.050 Violation – Punishment.

8.08.010 Keeping of fowl and rabbitssmall farm animals.

The keeping of small farm animals, includingIt is unlawful for any person to keep chickens, geese, ducks

or other domestic fowl, and rabbits, and miniature goats, is permitted subject to the following

standards. in any pen or building within a distance of 50 feet from, or in any runway, enclosure or upon

any portion of any premises within a distance of 25 feet from the nearest portion of any residence,

dwelling, hotel, apartment house or rooming house, now existing or hereafter constructed, owned by

any other persons within the city; and the keeping of chickens, geese, ducks or other domestic fowl or

rabbits as aforesaid is hereby declared to be a public nuisance.

(1) The maximum number of all fowl permitted accessory to a residence shall be one per five

hundred square feet of lot area.

(2) Roosters, peafowl, and exotic species are prohibited.

(3) Rabbits kept in accordance with the recommendations of the American Rabbit Breeders

Association (ARBA) and a minimum three and one‐half square feet of hutch space per rabbit up

to a maximum of two dozen rabbits.

(4) Structures housing domestic fowl or rabbits must be located and designed as follows:

a. Located ten feet away from property lines.

b. Designed to prevent rodents by incorporation of one of the following:

17

5

i. Raising the floor area eight to twelve inches above grade;

ii. Portable pens moved every few days with cleanup of ground; or

iii. Other techniques that have similar results.

(5) Miniature goats commonly known as pygmy, dwarf and miniature goats provided:

a. Male miniature goats are neutered;

b. Lots accommodating miniature goats must be a minimum of 6,000 square feet and may

be allowed at a ratio of two miniature goats per 10,000 square feet of property.

8.08.020 015 Keeping of hogs and goats.

It is unlawful for any person to keep hogs and goats in any pen, building, runway, or enclosure within a

distance of 150 feet from the nearest portion of any residence, dwelling, hotel, apartment house or

rooming house now existing or hereafter constructed, owned by any other person within the city; and

the keeping of hogs or goats as aforesaid is hereby declared to be a public nuisance.

8.08.020 Keeping of large farm animals.

The keeping of large farm animals is permitted on properties over one acre, provided that the property

contains a minimum of one‐half acre of lot area available as pasture, yard, or stall space for each such

animal in any combination. Any pen or building shall be located at least 100 feet from the nearest

portion of any residence, dwelling, hotel, apartment house, or rooming house, now existing and

hereafter constructed, owned by any other person within the city.

8.08.030 Keeping of bees.

The keeping of bees is permitted subject to the following criteria.

(1) Beekeeping may include honey bees, mason bees, cutter bees, cavity nesting bees or similar

bees used for honey or pollination purposes.

(2) Honey bees must be registered with the State Department of Agriculture according to

provisions of RCW 15.60.021 and meet the following restrictions:

a. A maximum of four honey bee hives on property up to one acre plus two hives per

additional acre is permitted as an accessory use to a single‐family home;

18

6

b. Honey bee hive shall not be located within twenty‐five feet of any lot line, provided this

distance may be reduced to ten feet if strategies are employed to require bees to gain

elevation before crossing the property line. This may include elevation changes, solid

fencing or other techniques that can achieve this objective.

(3) Area housing bee varieties other than honey bees must be a minimum of ten feet from

adjacent properties and limited in size appropriate for pollination of the owner’s lot.

8.08.030 Keeping of certain domestic animals.

It is unlawful for any person to keep any other domestic animals other than dogs and cats in any pen or

building within a distance of 100 feet from the nearest portion of any residence, dwelling, hotel,

apartment house, or rooming house, now existing and hereafter constructed, owned by any other

person within the city; and the keeping of any other domestic animals other than dogs and cats as

aforesaid is hereby declared to be a public nuisance.

8.08.040 Domestic animals running at large restricted.

It is unlawful for any person owning or having the charge and control of any of the domestic animals as

defined in PMC 8.08.010, 8.08.020 and 8.08.030 to permit the same to run at large upon any of the

streets, alleys or public places within the corporate limits of the city.

8.08.045 Animal sanitation in public places.

Where any animal, with the exception of domestic cats, deposits any fecal matter upon any public

sidewalk, street, alley or within any city park, playground, or cemetery, or upon any other public place,

the keeper of said animal shall remove and dispose of such fecal matter before the keeper of the animal

leaves the immediate area where the fecal matter was deposited. For purposes of this section, the

“keeper of an animal” shall mean the person who has immediate possession and control of the animal

while the animal is on public property as set forth above.

8.08.050 Violation – Punishment.

A violation of any section within this chapter shall be punishable as a civil infraction. The base penalty

for a civil infraction issued for violating a section of this chapter shall be as follows:

(1) First violation: $25.00, unless a person or domestic animal suffers physical harm as a result of the

violation then $250.00;

19

7

(2) Second violation: $125.00, unless a person or domestic animal suffers physical harm as a result of the

violation then $250.00; and

(3) Third violation and all subsequent violations: $250.00.

20

8

Chapter 20.15

DEFINITIONS

“Agricultural activity” means a condition or activity which occurs in connection with the production of

farm products, either for personal consumption or sale, and includes, but is not limited to, marketed

produce at roadside stands or farm markets; noise; odors; dust; fumes; operation of machinery and

irrigation pumps; movement including, but not limited to, use of current road ditches, streams, rivers,

canals, and drains, and use of water for agricultural activities; ground and aerial application of seed,

fertilizers, conditioners, and plan protection products; employment and use of labor; roadway

movement of equipment and livestock; protection from damage by wildlife; prevention of trespass;

construction and maintenance of buildings, greenhouses, fences, roads, bridges, ponds, drains,

waterways, and similar features and maintenance of streambanks and watercourses; and conversion

from one agricultural activity to another.

“Agricultural production use” means an intensive agricultural use that is conducted primarily within a

structure or enclosed area and may be associated with odors or noise perceptible beyond the property

boundaries. Typical uses include feed lots, greenhouse operations, poultry farms and fish hatcheries.

“Agricultural support use” means a use that provides a service or sells commodities for use by

agricultural activities. Typical uses include farm equipment sales and repair, farm material sales such as

grain, feed and fertilizer, and small scale farm product processing such as cider mills, dairies, poultry or

meat processing, where no more than five persons are employed.

“Agricultural use” means a use that involves the production of crops, food, fiber, ornamental plants,

trees and other natural vegetation, and the grazing and raising of livestock. Typical uses include flower

bulb and flower farms, farm residences, truck farms, tree farms and open fields for grazing.

“Community garden” means privately or publicly owned land used for the cultivation of fruits,

vegetables, plants, flowers, or herbs by multiple users. Community gardens may be divided into

separate plots for cultivation by one or more individuals or may be farmed collectively by members of

the group and may include common areas maintained or used by group members.

“Generally accepted agricultural and best management practices” means sound, economically feasible

farming techniques and best management practices as defined and/or recommended by the American

21

9

Society of Agronomy, United States Department of Agriculture Soil Conservation Service, Washington

State Cooperative Extension Service, and other professional or industrial agricultural organizations.

“Horticultural activity” means the raising of plants for the use of the plants or their products, generally

for food production, but may also include ornamental uses; examples include vegetable raising, P‐Patch

community gardens, raising flowers, orchards, vineyards and similar activities.

“Large farm animal” means varieties of large animals used in urban agricultural activities for production

of food, their products, or use such as cows, sheep, goats, horses, swine and other similar sized farm

animals. Miniature varieties of farm animals such as pygmy goats shall not be considered large farm

animals.

“Limited animal husbandry” means the keeping of animals for the use or the sale of their products, such

as meat, milk or eggs. Examples of animal husbandry uses are raising poultry for eggs and meat, raising

rabbits for meat, keeping goats or cows for milk or meat, keeping bees for honey or pollination of plants

and other similar activities.

“Small farm animal” means varieties of small animals used in urban agricultural activities for production

of food, their products, or use such as domestic fowl, rabbits, miniature goats, and beekeeping.

“Urban agriculture” means and includes a range of agricultural activities at various intensities.

Agricultural activities falling under this definition include both “Horticulture” and “Limited Animal

Husbandry” uses. Urban Agriculture is permitted under limitations considering compatibility with other

land uses in the context of the urban environment and associated land use/zoning designations.

22

10

Chapter 20.20 RS SINGLE-FAMILY RESIDENTIAL ZONES

20.20.010 Permitted uses – RS single‐family residential zones.

The following uses are permitted for all RS single‐family residential zones unless otherwise specified:

(1) One single‐family dwelling on each lot.

…

(6) The keeping of domestic livestock and animals including, but not necessarily limited to, horses, cows,

and goats; provided, that the property contains a minimum of 40,000 square feet of lot area available as

pasture, yard, or stall space for each such animal in any combination. Urban agricultural activities on lots

less than one acres in size are permitted as an accessory use to a residence as follows:

(a) Horticultural activity for personal use and incidental sales or distribution on site and off site

at a farmers market or approved retail area.

(b) Limited animal husbandry of small farm animals for personal use, including domestic fowl

and rabbits, miniature goats, and beekeeping, subject to the provisions of PMC 8.08.

(7) Urban agricultural activities on lots one acre or greater in size are permitted [as an accessory use to a

residence] as follows:

(a) All uses permitted under (6)(a) and (b);

(b) Large farm animals, including cows, horses, sheep and hogs, subject to the provisions of PMC

8.08.

(8) Community gardens, not to exceed one acre in size, subject to the following standards and criteria:

(a) Limited animal husbandry of small farm animals is allowed;

(b) The proposed use does not negatively impact sensitive areas on or adjacent to the subject

site;

(c) The proposed use will not result in excessive noise or emissions that are not typically

associated with operation of household mechanical equipment;

(d) On‐site parking needs, if any, are addressed;

(e) On‐site contaminated soils, if any, are addressed; and

(f) A set of operating rules addressing the governance structure of the garden, hours of

operation, maintenance, security requirements, and the name and contact information of the garden

coordinator, shall be kept on file with the Development Services Department.

23

11

Chapter 20.25 RM MULTIPLE-FAMILY RESIDENTIAL ZONES

20.25.010 Permitted uses – RM multiple‐family residential zones.

The following uses are permitted for all RM multiple‐family residential zones unless otherwise specified:

...

(22) Urban agricultural activities on lots less than one acre in size are permitted as follows





(23) Urban agricultural activities on lots one acre or greater in size are permitted [as an accessory use to

a residence] as follows:



8.08.




site;








24

12

Chapter 20.35 M MANUFACTURING ZONES

Table 20.35.010 Permitted and Conditionally

Permitted Uses – M Zones

MP ML MR

(1) Contractor’s shops or

storage yards

– P P

(2) Warehouse and distribution – P P

(3) Commercial recreation uses – CUP P

(4) Automotive repair or body

repair

– P P

(5) Public services uses P P P

(6) Community facility uses – P P

(7) Processing, assembly,

packaging or distribution

operations

– P P

(8) Business park uses P P P

(9) Heavy industry – CUP P

(10) Natural resource extraction

or processing

– CUP P

(11) Auxiliary dwelling unit

occupied by owner,

caretaker or night

watchman

(a) As integral part of other

buildings

P P P

(b) Detached, freestanding CUP CUP CUP

25

13




MP ML MR

(12) Accessory hazardous waste

treatment and storage, on‐

site

CUP P P

(13) Hazardous waste treatment

and storage, off‐site

– CUP CUP

(14) Veterinary clinic – P P

(15) Dog kennel – P P

(16) Blacksmith, welding or

metal fabrication

– P P

(17) Retail or wholesale building

material supply yards

– P P

(18) Equipment sale or rental – P P

(19) Research and development P P P

(20) Wholesale fuel storage or

unmanned retail fuel sales

– P P

(21) Truck stops and associated

uses

– P P

(22) Towing services or impound

yards

– P P

(23) Administrative offices P P P

(24) Accessory (on‐premises) day

care facilities

P P P

26

14




MP ML MR

(25) Independent day care

facilities

CUP CUP CUP

(26) Adult entertainment – CUP CUP

(27) Accessory retail sale of

products typically

associated with a principal

permitted use

– P P

(28) Accessory (on‐premises)

employee cafeterias or

auditoriums

P P P

(29) Offices, corporate and

general

P – –

(30) Quarries and mines of sand,

gravel and other material

– CUP CUP

(31) Electric vehicle

infrastructure

P P P

(32)

(33)

Storage units

Urban agricultural activities

–

‐‐

P

P

P

P

20.35.0xx Urban agricultural activities.

(1) Urban agricultural activities on lots less than one acre in size are permitted as follows:



27

15



(2) Urban agricultural activities on lots one acre or greater in size are permitted as follows:



8.08.




site;








28

16

Chapter 20.75 HOME OCCUPATIONS

20.75.015 Performance standards.

All home occupations shall be subject to the following performance standards:

(1) A home occupation shall be conducted in a dwelling or accessory building and shall be clearly

incidental and secondary to the use of the structure(s) and property as primarily residential. No

such home occupation shall occupy a floor area greater than 25 percent of the total enclosed

floor area of the structures on the property. Retail sales of items not produced on the premises

shall be allowed only if clearly incidental to the primary function of the home occupation. Urban

agriculture activities meeting the criteria of PMC 20.20.010 or 20.25.010 are exempt from this

standard.

(2) In no way shall the appearance of the structure or premises and properties be so altered, or the

conduct of the occupation within the structure be such that the structure or premises may be

reasonably recognized as serving the home occupation. Such alteration or conduct shall include

but not be limited to color, materials, construction, lighting, signs, sounds, noises, storage of

construction equipment, vehicle parking areas, radio or television interference, vibrations,

smoke, odors, and/or display of equipment or materials; provided, that this subsection shall not

preclude the placement of one nameplate, mounted flush against the wall of the residence,

stating the name of the home occupation. Urban agriculture activities meeting the criteria of

PMC 20.20.010 or 20.25.010 are exempt from this standard.

29

Chapter 20.49

FP FLOODPLAIN OVERLAY ZONES

Sections:

20.49.000 FP zones.


20.49.010 Permitted and conditionally permitted uses – FPM zone.

20.49.015 Development and performance standards – FPM zone.

20.49.030 Permitted and conditionally permitted uses – FPB zone.

20.49.035 Development and performance standards – FPB zone.

20.49.040 Floodplain waivers.

20.49.045 Warning and disclaimer of liability.

20.49.000 FP zones.

The following FP floodplain overlay zones are established. Properties so designated shall be subject to

the provisions contained in this chapter:

FPM Floodplain management overlay zone

FPB Floodplain basin overlay zone


The FP floodplain management overlay zones are intended to protect lives and property improvements

from flood hazards, preserve the integrity of the floodway to carry floodwaters, preserve riparian

vegetation along watercourses and prevent displacement of floodwaters onto other properties. As

overlay zones, they establish development regulations in addition to those prescribed by the underlying

zone in which the property is located. In addition to this intent, each FP zone has its own specific and

unique intent as follows:

(1) FPM Floodplain Management Overlay Zone. The FPM zone is intended to apply to those lands within

the floodplain subject to inundation by a 100‐year flood. It includes lands within both the floodway and

floodway fringe. This area is also referred to as the “area of special flood hazard” under the provisions of

Chapter 21.06 PMC.

(2) FPB Floodplain Basin Overlay Zone. The FPB zone is intended to apply to those lands subject to

frequent, but shallow inundation by storm waters, including the 100‐year flood. Such lands typically

have poor surface drainage, but are not typically located immediately adjacent to the floodway. This

area is also referred to as the “area of shallow flooding” under the provisions of Chapter 21.06 PMC.

20.49.010 Permitted and conditionally permitted uses – FPM zone.

(1) Regulations governing uses in the underlying zone shall apply to properties in the FPM zone.

(2) Within an identified floodway, no buildings or structures shall be permitted except bridges, culverts,

dikes and similar structures necessary to the construction or entrance of highways, roads, streets or

access routes intersecting or crossing a floodway.

Proposal: Remove entire overlay

code section. Recently revised

PMC 21.07 regulates floodplain.

30

(3) Flood‐control facilities or any construction necessary for the protection of floodways or to prevent

erosion of or damage to adjoining nonfloodway lands, or any construction necessary for the

conservation of channelization of floodwaters or watercourses shall be permitted in the FPM zone.

20.49.015 Development and performance standards – FPM zone.

The following development and performances standards apply to properties located in the FPM zone.

Determining compliance with these standards shall be the responsibility of the city engineer:

(1) Buildings, structures and manufactured homes within the FPM zone shall be constructed so that the

lowest habitable floor is situated at least one foot above the adjacent predicted elevation of the surface

of the floodwaters of the 100‐year flood, or otherwise floodproofed to prevent inundation of said

lowest habitable floor.

(2) Buildings, structures and manufactured homes within the FPM zone shall be constructed and/or

installed so as to prevent flotation, collapse or lateral movement. Anchoring systems for manufactured

homes and portable structures shall be capable of carrying a force of 4,800 pounds or a wind force of 90

miles per hour or greater.

(3) All new and replacement water supply and sanitary sewer systems shall be designed to prevent

infiltration of floodwater. Sanitary sewers shall be further designed to ensure continuing discharge in

the event of flooding. On‐site sanitary effluent disposal systems are prohibited.

(4) Buildings, structures, manufactured homes, filling and/or grading conducted within an identified

floodplain shall not obstruct the floodway or watercourse so as to inhibit its ability to transport

floodwaters. Nor shall such improvements be permitted so as to increase floodwater depth, volume,

velocity or severity to other properties. The city engineer may require, in connection with any proposal

for development within the FPM zone (including but not limited to filling, grading, land division, and

building construction), the submittal of technical documentation, prepared by a registered professional

engineer and acceptable to the city engineer demonstrating that the proposed development will not

increase floodwater depth, volume, velocity or severity to other properties.

20.49.030 Permitted and conditionally permitted uses – FPB zone.

Regulations governing uses in the underlying zone shall apply to properties in the FPB zone.

20.49.035 Development and performance standards – FPB zone.

The following development and performance standards shall apply to properties in the FPB zone.

Determining compliance with these standards shall be the responsibility of the city engineer:

(1) Buildings, structures or manufactured homes within the FPB zone shall have the lowest habitable

floor elevated above the grade of the building site. Nonresidential building sites shall be filled to an

elevation of at least one foot above the elevation of the crown of the highest adjacent public street for

at least 15 feet beyond the perimeter of said building or structure. Residential structures shall have the

lowest floor, including the basement, elevated above the highest adjacent grade of the site. Greater

depth of fill may be required if such fill is necessary to ensure positive drainage from the site to the city’s

storm drainage system.

31

(2) Except as provided for in subsection (1) of this section, buildings, structures, manufactured homes,

filling and/or grading on properties in the FPB zone shall be designed so as to prevent displacement of

floodwaters or increase the severity of floodwaters to other properties. The city engineer may require,

in connection with any proposal for development within the FPB zone (including but not limited to

filling, grading, land division, and building construction), the submission of technical documentation,

prepared by a registered professional engineer and acceptable to the city engineer demonstrating that

the proposed development will not increase floodwater depth, volume, velocity or severity to other

properties.

(3) Where hazardous floodwater velocities are determined to occur, appropriate floodproofing

measures shall be implemented in the design of the development.

20.49.040 Floodplain waivers.

The public works director is authorized to waive the provisions of this chapter provided the following

criteria can be met, where applicable:

(1) The subject property is found not to be within the 100‐year floodplain or flood hazard area or subject

to frequent storm water inundation;

(2) The strict compliance with the regulations set forth in PMC 20.49.015 or 20.49.035 is neither

necessary nor practical to assure that the description and purpose of the floodplain overlay zones, as

described in PMC 20.49.005, is achieved;

(3) That strict compliance with the regulations set forth in PMC 20.49.015 or 20.49.035 would prevent

reconstruction, rehabilitation, or restoration of improvements and/or property listed on the National

Register of Historic Places or the Washington State Inventory of Historical Places.

In consideration of applications for floodplain waiver, the public works director shall require the

submission of technical documentation, prepared by a registered engineer and acceptable to the public

works director, which explains how the proposal complies with the criteria set forth in this section. The

public works director shall approve, modify or deny any such application for floodplain waiver within 30

days of submission of a sufficient application. The decision of the public works director may be appealed

to the board of adjustment as an interpretation review pursuant to Chapter 20.87 PMC. All actions of

the public works director and board shall be made in writing and include the facts which cause such

actions to comply with the applicable criteria of this section.

20.49.045 Warning and disclaimer of liability.

The degree of flood protection required by this chapter is considered reasonable for regulatory

purposes and is based on scientific and engineering documentation and considerations. Larger floods

can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes.

This chapter does not imply that land outside the FP zones or uses permitted within such areas will be

free from flooding or flood damages. This chapter shall not create liability on the part of the city, any

officer or employee thereof or the Federal Insurance Administration, for any flood damages that result

from reliance on this chapter or any administrative decision lawfully made under this chapter.

32

Documents

Planning Commission Meeting Agenda...Planning Commission Agenda Item Report Submitted by: Michelle Ochs Submitting Department: Development Services Meeting Date: July 12, 2017 Subject: