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
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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
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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.
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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".
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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
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SUBMITTED: