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Minutes - 10/14/2004Spokane Valley Planning Commission DRAFT Minutes Council Chambers -City Mall 11707 E. Sprague Ave. October 14, 2004 1. CALL TO ORDER Planning Commission Chair Gothmann called the meeting to order at 6:35 p.m. IL PLEDGE OF ALLEGIANCE The Commission, audience, and staff recited the Pledge of'Allegiance. 111. ROLL CALL Fred Beaulae - Present Bill Gothmann - Present Bob Blum - Present Ian Robertson - Present David Crosby - Present John G. Carroll - Present Gail Kogle - Excused Absence IV. APPROVAL OF AGENDA Mr. Kuhta requested a change under "Old Business" to move the continued hearing for CPA-07-04 ahead of the hearing for RE-Z- 17-04. Commissioner Cro.vhy moved that the October 14, 2004 agenda be approved as amended. Commissioner Beaulac seconded the motion. illotion passed unanimously. V. APPROVAL OF MINUTES Mr. K.uhta requested that Page 5 of the September 23, 2004 meeting minutes be corrected to reflect that Rich & Alice Beattie, Nahlah Abdal-Wahed and Mohamed E1-Bakkush were in favor of the Grecnacres Area-Wide Rezone proposal (REZ-17-04). It was moved by Commissioner Robertson and seconded by Commissioner Gothmann thal the minutes of the September 23, 2004 Planning Commission meeting be approved as amended. Uotion passed unanimously. VI. PUBLIC COMMENT There was no public comment. VII. COMMISSION REPORTS Commissioner Blum reported that he had attended the City Council meeting on October 12. He and Commissioner Crosby were reappointed to the Planning Commission for an additional three year term, conunencing January 1, 2005. Commissioner Crosby reported that he also attended the October 12 City Council meeting to present an Ad Hoc Sign Committee progress report. The Council had very few questions in response to his report. The Ad 1-loc Sign Committee met on Wednesday, October 13, 2004, to review a discussion draft of the Revised Sign Code. Discussion focused on height and area standards, sign maintenance, and treatment of obsolete/abandoned signs. Commissioner Gothmann explained to the Commission that due to family emergencies, he had not been able to gather the local Planning Commission Chairs together for a meeting this past summer as promised. Additionally, he was traveling throughout New England recently, trying to keep abreast of Comprehensive Plan processes in several towns and cities. He noticed that each individual plan reflected the community's values, and he is looking forward to the continued development of the City of Spokane Valley's plan. V111. ADMINISTRATIVE REPORTS Ms. Sukup reminded Commissioners of the Joint Meeting with other local Planning Commissions on Wednesday, October 27, 2004, from 11:30 a.m. to 1:30 p.m. The City of Spokane is hosting the event at the City Library, 906 W. Main, Room 1-A. Topic of discussion will be changes in the County vide Planning Policies (CWPPs). Planning Commission meetings in November have been changed from the second and fourth Thursdays of the month to the first and third Thursdays because of the holidays. A Community Workshop at Spokane Valley Church of the Nazarene will be held on Thursday, November 4, 2004. Findings from the previous Community Meetings will be summarized and public discussion will begin on the Parks & Recreation Master Plan. The Planning Conunission will hold a regular meeting in the Council Chambers on Thursday, November 18, 2004. IX. COMMISSION BUSINESS A. OLD BUSINESS: Continued Public Hearing: Comprehensive Plan Amendment Application No. CPA-07-04 Mr. Kuhta explained to the. Commission that he received an email from Applicants Todd Whipple and Chris Ashenbrener requesting a continuance of this hearing until November 18, 2004. They received new information from the City's Public Works Department and would like more time to prepare. a transportation model for the subarea. Commissioner Crosby moved that the Planning Commission continue the Public Hearing on Comprehensive Plan Amendment Application #CPA-07-04, to include public testimony, at its next regular meeting on 2 A'ovember 18, 2004. Commissioner Gothmann seconded Mr. Crosby's motion. Motion passed unanimously. Continued Public Hearing for Greenacres Area-Wide Rezone Application No..REZ-17-04 The Public --fearing for Greenacres Area-Wide Rezone Application 9RLL- 17-04 was continued at 6:45 p.m. Commissioner Gotlumnn reminded the. Commission and audience that there was still a motion on the floor to adopt the staff recommendation as presented on September 23, 2004. Staff recommended that the Planning Commission approve the requested area-wide rezone. Mr. Kuhta provided the Commission with an update report. At the September 23, 2004 hearing; public testimony was closed. The Planning Commission agreed to continue the Commission discussion section of the hearing on October 14, 2004. In the meantime, staff was asked to construct a map of the proposed rezone area, indicating the lots with vested land actions pending and the lots that citizens requested be excluded from the area-wide rezone on September 23. The revised map was sent to the Commission and posted on the web. Mr. Kuhta explained that the map shows four lots with preliminary plat approvals, two other vested lots with land use action applications pending, and four lots which requested exclusion from the rezone at the last meeting, for a total often lots. In addition, a letter sent by Joe and Jayne House in opposition to the area-wide rezone application was entered into public record on September 23, 2004. The letter requested that the City make the west boundary of the rezone area Flora Road. The area west of Flora Road was not indicated as a requested exclusion on the revised map. None of the other property owners in that area signed the Houses' letter nor filed a petition to be excluded. Mr. Gotlunann asked Mr. Kuhta to address the appropriateness of excluding individual parcels from the rezone. Mr. Kuhta deferred the question to -Director Sukup. Ms. Sukup informed the Conunission that spot zoning is illegal. The Commission could change the outer boundary of the rezone area, as long as they don't make the area larger. Conunissioner Crosby favored pulling the area west of Flora out of the area-wide rezone proposal for development purposes. Mr. Crosby asked for staff opinion. Staff recommended that the Commission consider the area-wide rezone request as a whole. If the Commission wants to consider excluding land from the rezone, they must have justification, and it is up 3 `j to the Commission to decide the issue based on information provided in public testimony. Staff recommended rezoning the entire area UR-3.5. The Commission proceeded with a lengthy discussion on the matter. Mr. Kuhta explained to them that if the area-wide rezone is approved, and the properties in the area which are presently vested are not developed within the land use action application deadline, the undeveloped parcels will revert to UR-3.5 zoning. If the presently vested properties are exempted from the area-wide rezone request and are not developed, they will remain UR-7*. Commissioner Crosby moved to amend the original area-wide rezone boundaries by excluding the area west of Flora Road and north of Mission Avenue from the proposed boundaries. Commissioner Gothmann seconded Commissioner Crosby's amendment. Those in favor: Commissioner Crosby. Those opposed: Commissioners Beaulac, Blum, Carroll, Gothmann and Robertson. Motion failed 5-1. It was moved by Commissioner Carroll and seconded by Commissioner Blum to amend the original area-wide rezone boundaries by excluding the area south of Indiana and east of Greenacres. Those in favor: Commissioners Carroll and Blunt. Those opposed: Commissioners Beaulac, Crosby, Gothmann and Robertson. Motion failed 4-2. A motion was made by Commissioner Carroll to combine the last two amendments by excluding both the area west of Flora Road and north of Mission Avenue and the area south of Indiana and east of Greenacres. Commissioner Crosby seconded the motion. Those in favor: Commissioners Carroll and Crosby. Those opposed: Commissioners Beaulac, Blum, Gothmann and Robert-son. Motion failed 4-2. Commissioner Blum moved that the Planning Commission amend the original area-wide rezone boundaries by ecluding the sir vested properties shown on the map. The motion was seconded by Commissioner Crosby. Those in favor: Commissioners Blum and Crosby. Those opposed. Commissioners Beaulac, Carroll, Gothmann and Robertson. Motion failed 4-2. Chairman Gothmann called for the main motion: approval of the Greenacres Area-Wide Rezone Request bREZ--17-04 as presented. Those in favor: Commissioners Beaulac, Gothmann and Robertson. Those opposed: Commissioners Blum, Carroll and Crosby. Motion tied 3-3. 4 The Planning Commission was unable to develop a recommendation on the requested rezone. The matter will be forwarded to the City Council without a Conunission recommendation. Public Hearing for RI-2-1 7-04 was closed at 7:45 p.m. The Planning Commissioners took a ten-minute break. B. NEW BUSINESS: Public Hearing for Amended Street Vacation Request No. STV-03-04 Commissioner Gothmann opened the hearing for Amended Street Vacation Request 4STV-03-04 at 7:55 p.m. Chris 1_inc Properties, L.L.C. is requesting the vacation of a remainder of the Appleway right-of-way acquisition and a portion of David Road located between Sprague Avenue and Appleway; west of Thierrnan Road. The Planning Commission held a public hearing on August 26, 2004, but tabled the decision pending additional information concerning WSDOT's interest in David Road. Since that time, the applicant amended the original request, proposing to - exclude that portion of David Road under the jurisdiction of WSDOT, but including the property acquired by Spokane County for tile Appleway Extension. Applicant proposes to use the properh, to construct 208 swales. Staff made the following two recommendations to the Planning Commission: e Approve vacation of that portion of David Street within the City's jurisdiction, subject to the requirements of the ordinance for survey and utility easements with conditions required by the utility, and • Provide notice to the Council ofa proposal to declare the remainder of the Appleway right-of-way acquisition as surplus property. Commissioner Carroll suggested that the City vacate the triangle of land now and then sell its 50% immediately to simplify the process. Ms. Sukup explained that there are legal reasons this cannot be done. The red crosshatched area on the map, north and east of the triangle of land; belongs to the Washington State Department of Transportation. It first needs to be turned over to the County, and then turned over to the City before vacation can occur. Public Testimony for STV-03-04 was opened at 8:02 p.m. Marshall Clark, Applicant, 2320 N. Atlantic, Spokane, WA 99205 Mr. Clark asked that the City vacate the triangle of land, and David Road, as quickly as possible. That was his original proposal. The land in question is only about 1,000 s.f. Public Testimony for S`I`V-03-04 was closed at 8:05 p.m. Commissioner Robertson moved that the Planning Commission accept the staff recommendation to approve the street vacation request, advising City Council of a proposal by the correct department to declare the small triangle of land as .surplus. The motion was seconded by Commissioner Beaulac. Those in favor: Commissioners Beaulac, Carroll, Gothmann and Robertson. Those opposed: Commissioner Crosby. Abstaining: Commissioner Blum. Motion passed 4-1. Public Hearing for STV-03-04 was closed at 8:12 p.m. Public Hearing for Ordinance Amending Regulations Relating to Planned Unit Developments (PUDs) A Public Hearing was opened at 8:12 p.m. to amend City Ordinance No. 03-053, Sections 4.08.19 and 4.15.01 of the Spokane Valley Uniform Development Code relating to Planned Unit Development and Residential Dimensional Standards; repealing Chapter 14.704.00'ofthe Interim Development Regulations; and establishing an effective date. Ms. Sukup provided the Commission with an overview of present City standards and new County Amendments regarding these issues. These proposed revisions are intended to add to the safety and quality of new Planned Unit Developments (PUDs). Public Testimony was opened and closed at 9:02 p.m. Following discussion, the Commission requested that the following changes be made to the proposed draft ordinance: Section 4.08.19.02 Applications and Process, Number 2.a: Commissioner Crosby suggested that the extension of time referred to in the last sentence be defined. Ms. Sukup recommended it be twelve months. Section 4.15.1 Residential Zone Dimensional Standards Chart: Commissioner Beaulac asked that the column labeled "Residential PUDs" for Building Height (in stories) be changed to read "Zone". 6 Commissioner Crosby moved to accept the draft ordinance related to Planned Unit Developments as amended Commissioner Blum seconded the motion. Motion passed unanimously. Tlie Public Hearing was closed at 9:17 p.m. X. FOR THE GOOD OF THE ORDER Commissioner Carroll recommended that the Commission review its policies and procedures. He doesn't tNnk the Commission should let anything leave its purview without some sort of recommendation. It was suggested as a discussion item on the November 18, 2004 meeting agenda. It was moved by Commissioner Crosby and seconded by Commi vioner Carroll that the Planning Commission discuss Public Hearing policies, particularly with regard to forwarding recommendations to the City Council, at the November 18, 2004 rqular meeting. Motion passed unanimously. XT. ADJOURNMENT There being no further business, the meeting was adjourned at 9:30 p.m. APPROVED: Debi Alley, Administraii William 14. 4-IJA thman , Chairmen 7 SUBMITTED: