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Minutes - 05/27/2004e M Spokane Valley Planning Commission Approved 1rtinutes Council Chambers - City Hall 11707 E. Sprague Ave. May 27, 2004 I. CALL TO ORDER Bill Gothmann, Planning Commission Chair, called the meeting to order at 6:35 p.m. ff. PLEDGE OF ALLEGIANCE The Commission and audience recited the Pledge of Allegiance. III. ROLL CALL Fred Beaulac - Excused Absence Bill Gothmann - Present Bob Blum - Present Ian Robertson - Present David Crosby - Present John G. Carroll - Present Gail Kogle - Present IV. APPROVAL OF AGENDA Commissioner Crosby moved that the agenda be approved as presented. Commissioner Carroll seconded the motion. Motion pa.-sed unanimously. V. APPROVAL OF iNMUTES It was moved by Commissioner Carroll and seconded by Commissioner.Kogle that the minutes of the May 13, 2004 Planning Commission meeting be approved as presented Motion passed unanimously. VI. PUBLIC COIL ANTENT There was no public comment. W(. COMMISSION REPORT S Conunissioner Gothmann reported that he will not be able to attend the Community Meeting on June 2" d, Commissioner Robertson will be there in his stead. VIII. ADNirmSTRATIVE REPORT Mr. McCormck reminded the Planning Commission of the Community Meeting on Wednesday, June 2"d , at Greenacres Elementary School. The final Spring 2004 Community Meeting will be on June 17ffi at the Spokane Valley Church of the Nazarene. Ms. Sukup, who was unable to attend the meeting, asked Mr. McCormick to notify the Planning Conunission that she will have three matters come before them in the near future: a proposal for an interim UR-1 Zone; an addition to the existing City Code regarding dimensional standards for residential and non- residential properties; and proposed Clear View Triangle standards. LK COMMISSION BUSINESS A. OLD BUSMESS: There was no Old Business. B. NEW BUSINESS: Public Hearing - Annual Comprehensive Plan Amendments The Chair declared a Public Hearing to Consider Remanded 2003 Annual Comprehensive Plan Amendments open at 6:43 p.m. Members of the public were encouraged to fill out a card if they wished to speak to one of the amendments. The hearing on each amendment will follow these steps: • Announcement by Commission Chair • Staff overview and recommendation • Testimony by the applicant and/or property owner • Public Testimony (3-minute limit per person) • Commission deliberation and vote Greg McCormick, Long Range Planning Manager, briefly explained to the Commission and audience members that these amendments were adopted by the City Council on October 28, 2003, as recommended by the Planning Commission. The amendments were subsequently appealed to the Eastern Washington Growth Management Hearings Board by the City of Liberty Lake. Liberty lake cited a procedural error where the Spokane Valley failed to notify the Washington State Office of Conununity Trade and Economic Development (CTED) at least 60 clays prior to adoption of the amendments per RCW 36.70A.106. The purpose of this Planning Commission hearing is to satisfy the Hearings Board decision and the procedural requirement of RCW 36.70A.160. Public Hearing for CPA-03-01 was opened at 6:45 p.m. CPA-03-01: The subject property is located on the north side of Montgomery Avenue about 300 feet west of Argonne Road with a street address of 8915 E. Montgomery Avenue, Spokane, Washington. The site is currently developed with a commercial car wash facility, self-storage and outdoor storage for trucks and recreational vehicles. Greg McCormick, Long Range Planning Manager, explained that the property owner requested a change in land use designation from Low Density Residential to Regional Commercial and a change in zoning 2 r designation from Urban Residential 7 (UR-7) to Regional Business (13-3). The subject property was zoned commercial in 1970, but was rezoned under the recent Spokane County Comprehensive Plan and subsequent Phase 1 Zoning process. The original staff reconuncndation, which wasadopted by City Council, was to change land use designation to Conuminity Center and apply the Community Business (B-2) zone. Public testimony for CPA-03-01was opened at 6:52 p.m. Public Testimony: Alfred C. Bevacqua, 8820 E. Montgomery, Spokane Valley, `VA Mr. Bevacqua is an opponent of CPA-03-01. He testified during the September 11, 2003 hearing with regard to trucks parking on the street across from his residence. At that time, Mr. Bevacqua provided the Commission. copies of a letter dated December 7, 2000, written to Mr. Brumback by James Richardson, Associate Planner of Spokane County, addressing code violation complaints. He also provided a letter dated August 28, 2003, outlining his personal reasons for opposing CPA-03-01, along with a number of photos of trucks parked along his street. Since the City Council adopted the Plan ring Commission's recommendation for CPA-03-01, 18-wheelers have been driving down his street and it has become even more dangerous for children and elderly pedestrians. He strongly recommended that the Planning Commission vote against CPA- 03-01. Public testimony for CPA-03-02 was closed at 6:58 p.m.. A motion was made by Commissioner Robertson and seconded by Commissioner Crosby to recommend the following .Staff Recommendation for CPA-03-0.1 to City Council: Change land use designation to Community Center, with zoning of Community Business (8-2). The motion was seconded by Commissioner Crosby. Alotion passed unanimously. Commissioner Gothman.n suggested that Mr. Bevacqua's concerns about traffic should be handled by the City's Traffic Division, Police Department, or other authority. It is not a good situation for residents in this area. Perhaps developing a NO PARKNG ZONE on one side of the street would help. Public Hearing for CPA-03-01 was ended at 7:02 p.m. Public Hearing for CPA-03-02 was opened at 7:03 p.m. CPA-03-02: The subject property is located on the south side of Appleway Boulevard, east of its intersection. of Park Road and is approximately 3 acres in size. Subject property is currently vacant. Mr. McCormick explained that the applicant requested a change of land use designation from Neighborhood Commercial to Regional Commercial and zoning from Neighborhood Business (B-1) to Regional Business (B- 3). The main issue concerning this property is the potential impact commercial development will have on the Dishman Mills Natural Area, located south of the site. The original staff recommendation, which was adopted by City Council, was to designate the property Community Commercial and apply the Community Business (B-2) zone. Public testimony for CPA-03-02 was opened at 7:06 p.m. Applicant Jean Repp, President of Associated Restaurants, was present but declined to speak. Public testimony for CPA-03-02 was closed at 7:07 p.m. It was moved by Commissioner Crosby that the Staff Recommendation to designate the property Community Commercial and apply the B-2 zone for CPA-03-02 be submitted to City Council. Commissioner Carroll seconded the motion. Blum, Carroll, Crosby, Kogle and Robertson voted in favor of the motion. Chairman Gothmann opposed. Motion passed 5-1. Commissioner Gothmann stated that he would personally prefer the site to remain a B-1 cone because of his concern for the Dishman Hills area. Commissioner Kogle reminded him of, the staffs earlier assurance to the Commission that numerous envirotunent.al testing would be required before development on that land to insure continued integrity of surrounding property. Public Hearing for CPA-03-02 was closed at 7:07 p.m. 4 r Public Hearing for CPA-03-03 was opened at 7:0 p_m, CPA-03-03: The subject property located on the vest side of Pines Road bet►veen the Union Pacific Railroad right-of-way and Mansfield Avenue. It consists of four separate parc.el9 and is a total of approximately 2.5 acres in sue. object property is currently vacant, Mr. McCormick indicated that the applicant requested a 0a.Rge ire the Iand use designation from High Dernsity Residential to Light L-idustri.al amd a change of zoning from Urban. ltesideatial (M-22.) to Light Industrial (J- 2). The original staff recommendation, which was adopted by City Council, was for a lmid use designation change to Light Industrial, with a zone change to fight Industri al (1-2). There was no Public Testimony on CPA-03-03_ Commissioner Robertson inoved that the Plan ning 'o fission recommend chaptging the subject property land use designation to Light Industrr!ul and the zonin to Li,, lit Lndustrr'.al (1-2) to City Councit. C'orna issioner Plum seconded the motion. Cammha sioners Blum, - Crosby, Gothmann, Nagle and Robertson voted in favor of f the motion. amrnissioner Ca rroll. opposed. Motion passed 5-I. public Hearing for CPA-03-03 closed at 7'17 p_m, Public Heari rig For CPA.-03-04 opened at 7:18 p. m. 'PA-03-04: The subject property gaim access from the terminus of Cataldo Avei,u.e, ,vest of Bradley itnd is located in the NE 1 of Section 13, Township 25 North, .huge 43 EW . It is comprised of approximately 2,57 acres and is currently developed with an enclosed golf practice facility. Mr. c Connick explained that the, subject property'vas overlooked during the County°.5 2002 Cowprehensive Plan update, and vas therefore changed from Rogiona1. Coim-nercid with a zatun8 designation cf Regional Business {I3-3} to Low Density Residential with a zoning of Urban Residential 7 ( R-7). This resulted in the existing use becoming ttnoncon-forTning", 5 The original staff recommendation, which was adopted by City Council, recommended a change of land use designation to Light Industrial and a change of zoning to Light Industrial (I-2). There was no Public Testimony on CPA-03-04. Commissioner Robertson moved, and Commissioner Blum seconded, a motion to recommend Council approval of the CPA-03-04 Staff Recommendation to change land use designation to Light Industrial and zoning to Light Industrial a-2). Motion passed unanimously. Commissioners briefly discussed the recent purchase of this parcel of land by Senske. The potential for large lots of chemicals being stored there is real, and they are concerned about risks to the surrounding property. Mr. Kuhta assured Commission that Critical Materials are strictly regulated. Public Hearing for CPA-03-04 was closed at 7:23 p.m. Public Hearing for CPA-03-05 was opened at 7:23 p.m. CPA-03-05: The subject property is located on the north side of Broadway Avenue, south side of Cataldo Avenue approximately 960 feet west of Pines Road. It is comprised of approximately 3 acres and is predominantly vacant with a single family dwelling existing on a portion of the property. Mr. McCormick indicated that the applicant requested a change of land use designation from Low Density Residential to High Density Residential and a change of zoning from Urban Residential 3.5 (UR-3.5) to Urban Residential 22 (UR-22). The final staff recommendation, which was adopted by City Council, was to change land used designation only for the southern portion of the property to Medium Density Residential and zone UR-12 with no change on the northern portion of the parcel. Public Testimony for CPA-03-05 was opened at 7:27 p.m. Planning Commission Vice-Chairman Robertson stated that he had received 33 cards from citizens present. The following citizens in attendance testified at the meeting: 6 Joe Stoy, 1104 N. Perrine, Spokane Valley, WA He recommended that the Commssion and Council adopt CPA-03-05 as proposed in October, 2003. Gust Abariotes, 11708 E. Cataldo, Spokane Valley, WA Mr. Abariotes echoed Mr. Stoy's thoughts, and hopes the land ovNner doesn't return to to the Commission to change the zoning on the other half of his property. Clarion Bergland, 1.018 N. Fox Road, Spokane Valley, WA Mr. Bergland agrees with what was adopted by City Council in October, 2003. Phyllis Moss, 1.1822 E. Boone, Spokane Valley, WA Mrs. Moss hopes that this time the matter will be settled. She doesn't want apartments built on the subject property because the traffic is so dangerous as it is. Leon Moss, 11822 E. Boone, Spokane Valley, `VA Mr. Moss would only oppose CPA-03-05 if apartments were to be built on the subject property. Wilma Belcher, N. 1005 Perrine, Spokane Valley, WA Ms. Belcher is opposed to having apartments built across the street from her house. Joel C. Rell, N. 1012 Perrine Road, Spokane Valley, OVA Mr. Rell is opposed to having apartments built across Perrine on Cataldo. Nancy Kent, 812 N. Wilbur, Spokane Valley, WA Mrs. Kent is pleased with the recommendation, and doesn't want apartments built on the subject property. Chris Keener, 101.0 N. Fox Road, Spokane Valley, WA Mr. Keener urged the Planning Commission to stick with their original. recommendation. The following citizens in attendance did not speak, but signed public hearing cards: James Renggli, 1018 N. Perrine, Spokane Valley, WA Sarah Kautzman, 1004 N. Perrine Road, Spokane Valley, WA Johnny Belcher, 1005 N. Perrine, Spokane Valley, WA Vicky Bass, 1108 N. Perrine Road, Spokane Valley, WA Carol Nicholson, N. 1105 Perrine, Spokane Valley, WA Larry W. Kent, 812 N. Wilbur Road, Spokane Valley, WA 7 Leonard Barrett, 1020 N. Wilbur Road, Spokane Valley, OVA Gwen Barrett, 1020 N. Wilbur Road, Spokane Valley, WA Nick Abariotes, 11813 E. Broadway, Spokane Valley, WA Tom Nicholson, N. 1105 Perrine, Spokane Valley, WA Walter Marion, 1017 N. Wilbur Road, Spokane Valley, WA Pat Parker, 1004 N. Fox Road, Spokane Valley, WA W. D. Parker, 1004 N. Fox Road, Spokane Valley, WA Frances Warren, 11722 E. Cataldo, Spokane Valley, A'L'A Marla Jo Harper, 1019 N. Perrine, Spokane Valley, WA Duane L. Harper, 1019 N. Perrine, Spokane Valley, WA Judith Bergland, 1018 N. Fox Road, Spokane Valley, WA Public Testimony for CPA-03-05 was closed at 7:40 p.m. Commissioner Carroll moved that the Planning Commission recommend Council adoption of CPA-03-05, changing the southern portion of the subject property to Medium Density Residential and gone UR-12 with no change on northern portion ofparcel. Commissioner Blum seconded the motion. Motion passed unanimously. Neighborhood representatives were complimented for their action in this matter. Public Hearing for CPA-03-05 was closed at 7:43 p.m. The Commission took a brief break. Public Hearing for CPA-03-06 was opened at 7:55 pan. CPA-03-06: The subject property is located on the north side of Broadway Avenue, between Blake and Mamer Roads. It is comprised of approximately 5+ acres and is developed with Broadway Court Estates, which is an independent retirement complex for senior citizens, on the west portion of the subject property. Mr. McCormick explained that the applicant requested a change from Low Density Residential to High Density Residential land use designation, and a corresponding zoning map amendment on the eastern portion of the site from Urban Residential 3.5 (UR-3.5) to Urban Residential 22 (UR-22) for the purpose of expanding the facility. The western portion of the site is currently zoned UR-22. The original staff recommendation, which was adopted by City Council, was to amend the land use designation of the property from Low Density Residential to High Density Residential, including the separate parcel fronting Broadway and surrounded by the subject property, with the 8 application of the Urban Residential 22 (UR-22) zone to the expansion area. J There was no public testimony for CPA-03-06. A (notion was made by Commissioner Kogle to recommend adoption of CPA-03-05 by City Council; designating the entire site as Nigh Density Residential and the zoning to Urban Residential 22 (UR-22). Commissioner Crosby seconded the motion. The motion passed unanimously. Public Hearing for CPA-03-06 was closed at 7:59 p.m. Public Hearing for CPA -03-07 was opened at 8:00 p.m. CPA-03-07: The subject property is located on the northwest corner of Darker Road and Boone Avenue. It is comprised of :approximately 3 acres. The eastern half of the subject property is developed with a convenience store that includes a fast food restaurant and a gas station. The westerly half of the subject property is currently vacant. The applicant proposes to construct multi-family dwellings in this area if the comprehensive plan and zoning map requests are approved. Mr. McCormick explained that the applicant had requested a change in land use from Low Density Residential to High Density Residential on the western portion, with a zoning of Urban Residential 22 (UR-22), and Community Commercial, with a zoning of Community Business (13-2) on the eastern portion. The original staff recommendation, which was adopted by City Council, was for a change to Community Commercial designation, with a zoning of Conununity Business (B-2) for the existing commercial business on the eastern portion of the site. Designating the western portion High Density Residential was not supported. Ii .was recommended and. approved that the western site be designated as Medium Density Residential, with a zoning of Urban Residential 12 (UR-12). Applicant Testimonv: Dwight J. Hume, 9101 N. Nit. View Lane, Spokane, WA Mr. Hume spoke on behalf of applicants Pring and Tonani. He provided the Commission with a letter detailing the history of the site, site specifics, anal questions about the impact of designating the land as High Density Residential. He also submitted a copy of an aerial map highlighting the - subject property and its surrounding industrial ties to the railroad and 9 major arterials. Mr. Hume urged the Planning Commission to reconsider their original recommendation to the Council by honoring the applicants' original request to have 3 acres changed from Low Density Residential to High Density Residential. Public Testimony for CPA-03-07 was opened at 8:10 p.m. Howard Bruegeman, 18422 E. Sharp, Spokane Valley, WA Mr. Bruegeman didn't understand why the Planning Commission was considering a change from their original recommendation to the Council. High Density apartments will crowd the already-busy arterials during rush hour, and increase the amount of trash that lands in his yard. The following citizen in attendance did not speak, but signed a public hearing card: Vern Cox, 18419 E. Boone, Spokane Valley, WA Public Testimony for CPA-03-07 was ended at 8:13 p.m. Applicant Response: John Peterson, E. 8412 Sprague, Spokane, WA Mr. Peterson spoke on behalf of the applicants, Mr. Pring and Mr. Tonani. He wished to restate his prior hearing pleadings by urging the Planning Commission to correct a 2002 zoning mistake that changed the subject property from Industrial 2 (1-2) to Urban Residential 7 (UR-7). The applicants would like to have more options for their land, and UR-22 would offer that flexibility. Mr. Peterson doesn't think the owners should be denied the same zoning consideration that property owners on the other side of the freeway have been given. Commissioner Blum moved to recommend a change to the land designation of the west portion of the property to High Density Residential, with Urban Residential 22 (UR-22) zoning, and a change to the eastern portion of the property to Community Commercial with a Business 2 (B-2) zoning. Commissioner Carroll seconded the motion. Commissioners Blum, Carroll, Kogle, Gothmann and Robertson voted in favor of the motion. Commissioner Crosby opposed Motion passed 5-1. Chairman Crosby stated that he believes that UR-22 designation is out of character with the present neighborhood. The subject property doesn't have Barker Road frontage. There was a brief discussion about the pros and cons of this recommended change. Public Hearing for CPA-03-07 was closed at 8:28 p.m. 10 Discussion of Comprehensive Plan Private Utilities Chapter Draft Mr. McCormick provided the Planning Commission with an overview of the City of Spokane Valley's Comp Plan draft of Chapter 6 - Private Utilities. This chapter is required by GMA, and does not include sanitary sewer, Stormwater or other water issues which are covered in the Capital Facilities Plan. Commissioner Gothmann had a few notes written on his draft that he gave to Mr. McCormick for editing purposes. Commissioner Crosby mentioned the iunpact of growing cell tower building taking place in the region. Mr. McCormick explained that if this is a big issue, this section of the draft chapter will need to be built up or amended to take care of it. Public Comment: Doug Kelley, Representing Avista Utilities, 1411 E. Mission, Spokane. Mr. Kelley stated that he saw this draft chapter for the fast time on Monday and was overwhelmed by the 17 different implementation strategies. He requested additional consideration of the following strategies: PUT-8: Mr. Kelley will submit documentation to Mr. McCormick containing additional wording for this section. PUI-9 and 10: Mr. Kelley will submit legal documentation to Mr. McCormick regarding case law on underground lines. PUI-11: Mr. Kelley recommended that staff take a close look at Spokane County's Phase II Plan with regard to landscaping around utilities. Mr. Kelley requested that staff consistently use either the word "should" or "shall" throughout the Implementation Strategies section to eliminate confusion. Dan Villalobos, Representing Inland Power & Light, 320 E. 2na Avenue, Spokane. Mr. Villalobos echoed Mr. Kelley's sentiments regarding PUI 8-11. There are a number of costs involved that ought to be discussed in advance. EVfF effects are no known about underground lines. He also suggested that the City help Mr. Bevacqua with the traffic problem on his street. X. FOR THE GOOD OF THE ORDER There were no announcements. 11 X1. ADJOURNMENT There being no further business, the meeting was adjourned at 8:53 p.m. SUBMITTED: APPROVED: t Debi Alley Administrative Assistant L Bill Gothmann Chairman 12