Minutes - 09/11/2003i
Spokane Valley Planning Commission
Approved I -lirurtes
Council Chambers - City Hall 11707 E. Sprague. Ave.
September 11, 2003
1. CALL TO ORDER
Bill Gothmann, Planning Commission Chair, called the meeting to order at
6:33 P.M.
if. PLEDGE OF ALLEGIAAICa
After a moment of silence in memory of the people who lost their lives on
September 11, 2001, the Commission and audience recited the Pledge of
Allegiance.
III. ROLL CALL
Fred Beaulac -Present Bill Gothmann - Present
Bob Blum -Present Ian Robertson - Present
David Crosby - Present John G. Carroll - Present
Gail Kogle -Approved Absence
IV. APPROVAL, OF AGENDA
Commissioner Robertson moved that the a enda be approved as presented.
Connn.ixsioner Beaulac seconded the motion. Motion passed unanimously.
V. APPROVAL OF MINUTES
Commissioner Gothmann requested that several small corrections be made to the
minutes of the August 28, 2003 Public Hearing.
It was moved by Commissioner Crosby acid seconded by Commissioner.81unr
that the minutes of the August 28, 2003 Planning Commission meeting be
approved as amended. Motion passed unanimously.
VI. PUBLIC CO M ENT
There was no public comment.
VII. COMMISSION REPORTS
Commissioner Crosby: Reported on a Light Rail meeting that was held in the
Council Chambers earlier today. He was one of three Commissioners who
attended, and found it interesting to hear what the City of Spokane has in mind for
the Light Rail project. The City of Spokane has expanded the scope of the project
to all mass transit, including buses. Mr. Crosby was pleased to learn of the
number of stops planned for the City of Spokane Valley.
Mr. Crosby will be unable to attend the next Planning Commission meeting on
Thursday, September 25, 2003.
Chairman Gothmann: Reported on the September 9, 2003, City Council
meeting. The Zoning Code Compliance Ordinance was presented to the City
Council for the second time, and was passed. The Junk Vehicle Ordinance had its
first reading. The Council complimented the Planning Commission on its good
work with the Junk Vehicle Ordinance.
V111. A.DiNTI-NtSTRATIVE REPORT
Marina Sukup, Director, reported that a Uniform Land Development Code is in
the development process. The Plarutung Commission will discuss the Unified
Code before submittal to the City Council.
TX. COMMISSION BUSWESS
A. OLD BUSINESS:
Continuation of August 28, 2003, Public Hearing - Annual
Comprehensive Plan Amendment CPA-03-05
The Chair declared a continuation of the August 28, 2003 Public Hearing
to Consider Annual Comprehensive Plan Amendment CPA-03-05
open at 6:48 p.m.
Members of the public were encouraged to fill out a card if they wished to
sign in or speak for or against the amendment.
Chaimlan Gothmann read Section 9.8 from the City of Spokane Valley
Planning Coni mission Rules of Procedure, regarding the rules of order
for conduct at public hearings.
Greg McCormick provided the Commission with an overview of the
original Comprehensive Plan Amendment 03-05 and its evolution. Since
the Planning Commission's Public Hearing on August 28, 2003, staff has
met with the applicant's representative to discuss zoning and land use
alternatives.
Staff Recommendation: Staff recommends changing the southern portion
of the parcel to Medium Density Residential, designating that portion as
an Urban Residential 12 (UR-12) Zone. Business and professional offices
are allowed uses within this zone designation so construction of the
applicant's business office would be allowed. Staff further recommends
retaining the Low Density Residential land use designation and UR-3.5
Zoning on the northern portion of the parcel.
Commissioner Crosby asked Mr. McCormick if there would be anything
stopping the property owner from returning to the Planning Commission
with another zone change request for the southern portion of the parcel,
since it is surrounded by other parcels that are coned UR- 12 and UR-22.
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Mr. McCormick explained that the property owner has the right to request
rezone of that parcel at any time during the annual Comprehensive Plan
Amendment process.
Applicant 'testimony:
Dwight 1_turne, 9101 N. Mt. View Lane, Spokane, WA
Mr. Hume appeared as a representative for texington Homes, and spoke
in favor of the staff reconuuendation. He believes this alternative staff
recommendation will work for the property owner. By changing the
zoning of the northern parcel to UR-12, the usage of the land will be
limited and the traffic impact will be felt only on Broadway, which is a
major thoroughfare.
Public Testimony:
Planning Coirunission Vice-Chairman Robertson stated that he received
forty-eight (48) cards from citizens present who oppose CPA-03-05. Ten
(10) citizens affirmed their desire to speak, twenty-four (24) citizens did
not wish to speak; and fourteen (14) citizens did not specify whether they
wished to speak or not.
The following citizens in attendance testified at the meeting:
Kathy Stoy, 1104 N. 1'erri.ne, Spokane Valley, WA
Mrs. Stoy handed staff a 2002 WSDOT Traffic Count Report on the area
J in question. She explained that her first concern regarding this rezone
request is the potential increase of traffic in her residential neighborhood -
especially on Cataldo Avenue. In addition, Mrs. Stoy wanted to know if
the property owner planned to build a single office or an office complex,
and what the acreage breakdown was between what would be zoned UR-
12 and what would be zoned UR-3.5. She read a letter from her neighbor,
Donald Sommers, who opposed rezone of the entire parcel because of his
concern about more traffic.
Staff calculated the acreage breakdown as 1.48 acres in the northern
parcel, and 1.52 acres in the southern parcel.
.Joe Stoy, 11.04 N. Perrine, Spokane Valley, WA
Mr. Stoy had a problem with the adjusted rezoning of the southern parcel
of the property to UR-12, and believes that this zone is not a proper one in
which to build a contractor's office.
Commissioner Goth.mann explained that the Planning Commission makes
the zoning decision, the property owner makes the land usage decision.
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Gust A13ariotes, V1 7 08 E.. C:ataIdu, Spokane Valley, WA
- r. Abariotes confirrn0 drat his priniar concern is heightened lraffie in
this quiet residential neighborhoud- He read a letter from his neighbor.
Helen} a]TOII; whO is a]sn concerned about the potential for too much
traffic.
Anrnny rl. Parker, 12103 E. Boone.. Spokane Valley, WA
Mr- T"arker haS lived in his horne for over 5 years. He believes there have
been problems in the past with land usage issues; and thinks that traffic
and speedi rig are results of apartment buildings being built on the quiet
residential street of Catatdo.
Phyllis Moss, 1.1822 E. Boone, Spokane Valley, NVA
Mrs- Mass IIves on the corner of ataldo and Wilbur, and ha, almost been
hit by cars speeding through that intersection. She is very concerned
about the traffic problern-
Lean Kosq, 1.1.822 E. Boone, -Spokane Valley, WA
Mr. Moss' I-arnily has lived in this home for 34 years, There is a problem
with high-speed traffic in this low density residential nei~borho0d. He is
against M/,Oning-
V4+ilma Belcher, N'. 1005 'Perrino, Spokane Valley, WA
is. Belcher lives directly north of the land in question, She is concerned
that the landowner will submit a rezone request, and she asked what would
happen if he did.
Director Maritsa ukup explained that if the Iandowner sLibmItted a rezone
request, it would have to be re-posted. re-slp-ied and re-heard.
Carol Rell, 1.01.2 TNT. Perrino Rudd, Spokane Valley, A
Ms. R(-.11 has lived in her home for 32 years. She fears for tie safety of the
little kids in the neighborhood and doesn't understand why the
nei, hborhood has to change. The lando~viaer has plenty of nnoney to bui Id
wherever he wa1rts to, but the people in her neighborhood do riot have
enough money to move or to protect their interests.
hri e ener, 1.01.0 N. Fox Read, Spokane Valley, WA
Mr. Keener has problems with the zoning changes, ji.oting that connection
to the sewers cost individual property owners $7,000, and that he expected
a loss in property values as a result of the rczoinuI g. In addition, he is
concerned about the area children, since there are no sidewalks on ataldo
and the kids have to walk on the streets with the speeding cars to get from
one place to another-
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Clarion Bergland, 1018 N. Fox toad, Spokane Valley, WA
Mi. Bergland read a letter from his neighbor, Lonnie Allard, concerning
the traffic in their neighborhood. Mr. Bergland is concerned that the
owner of the subject property will come back to try to change the UR-12
zoning right away.
Carol Nicholson, N. 1105 Perrine, Spokane Valley, WA
He read a note from his neighbor, Robert Gell, who is opposed to building
more apartments on the subject property. iMs. Nicholson is concerned that
the high density residential zoning will creep up on that little northern strip
of land. She appealed to the Plaiu-iing Commission not to make a decision
that would negatively impact so many residents for the financial gain of
this landowner.
Kathleen Seeger, 1108 N. Perrine, Spokane Valley, WA
i%9rs. Seeger has lived in her home for 22 years. She read a letter from her
neighbor, Anna Amarin, regarding the problems with traffic, drugs and
theft since apartment houses were built on Cataldo. Mrs. Seeger doesn't
want her new grandchild to be endangered by the increased traffic
problems.
Nancy Kent, 81.2 N. Wilbur Road, Spokane Valley, WA
Ms. Kent's parents have lived in their home for 30 years. She moved into
the house across the street from them because she loves the neighborhood.
it used to be safe for children, but when the first low-income housing
project was built the traffic, drug and crime problems began.
i\fickie Thomas, N. 1105 Fox Road, Spokane Valley, WA
The Thomas family just purchased their home a year ago. Mr. Thomas is
opposed to the rezone request because he believes the neighborhood won't
be safe if the zoning allows for more people to live in a small space.
Richard T. White, 1003 N. Fox, Spokane Valley, WA
Mr. White is a newlywed who lives with his wife on the corner of Cataldo
and Fox. The quiet neighborhood appealed to them, but it won't remain
quiet when construction noises begin. He is very much opposed to CPA-
03-05, and reminded the Planning Commission that they exist as a group
to represent the people.
James Renggli, 1018 N. Perrine, Spokane Valley, WA
Mr. Renggli was concerned because he received an email earlier in the
week explaining that even if the Planning Commission voted in favor of
the staff recommendation for a split of the property with half remaining
UR-3.5 and the other half being rezoned to UR-12, the City Council could
reject the Commission's recommendation and resurrect the applicant's
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original request for approval to rezone the entire property for high density
residential.
Director Sukup explained to Mr. Renggli that the City Council would not
hear a different rezone request than the one the Planning Commission
approves for recommendation to the Council. If the Council does not
approve what the ilanning Cornaiission submits, the Council will send
CPA--03-05 back to the Commission for reconsideration.
Martha Bayle, 908 N. Wilbur, Spokane Valley, OVA
Ms. Bayle reminded the Commission that its job is to represent the wishes
of the people. She was angry that she and so many others had to appear
before the Commission a second time.
Velma Marion, 1.01.7 N. Wilbur, Spokane Valley, WA
Ms. Marion was unable to attend the hearing, but sent a hand-written letter
in opposition to CPA-03-05 to be added to the public record. She doesn't
like the increase in traffic in her neighborhood; and considers the corner at
Cataldo and Wilbur a death trap.
The following citizens in attendance did not speak, but opposed the
alternative CPA-03-05 proposal by signing public hearing cards:
- Marilyn Tiffany, N.1108 Fox Road, Spokane Valley, OVA
.:loyd 'Ciffany, N. 1108 Fox Road, Spokane Valley, WA
Richard Thomas, N. 1105 Fox Road, Spokane Valley, WA
.Mike Ota, N. 1013 Perrine, Spokane Valley, WA
Tonya Ota, N. 1.01.3 Perrine, Spokane Valley, WA
Johnny Belcher, N. 1005 Perrine, Spokane Valley, WA
Karen Renggli, 1018 N. Pe.rrine., Spokane Valley, WA
Charles A. Cato, 1108 N. Wilbur, Spokane Valley, WA
Phyllis Cato, .1.108 N Wilbur Road, Spokane Valley, WA
Linda Sweet, 803 N. Wilbur, Spokane Valley, WA
Gary Sweet, 803 N. Wilbur, Spokane Valley, OVA
Torn Nicholson, N. 1105 Perrine, Spokane Valley, WA
Joyce Fronihold, 12117 E. Boone, Spokane Valley, WA
William Pierce, 11902 E. Boone, Spokane Valley, WA
L.G. Barrett, 1020 N. Wilbur Road, Spokane Valley, «'A
Sharry White, 1003 N. Fox Road, Spokane Valley, WA
Joel Rell, W. 1012 Perrine Road, Spokane Valley, WA
Janice L. Davis, 11908 E. Boone Ave., Spokane VaUey, WA
Michael L. Davis, 11908 E. Boone Ave., Spokane Valley, OVA
Judy Bergland, 1018 N. Fox Road, Spokane Valley, WA
Lani Morgan, 1011 N. Fox Road, Spokane Valley, WA
Betty V. Purkett, 1106 N. Fox Road, Spokane Valley, WA
Marla Jo Harper, 1019 N. Perrine, Spokane Valley, WA
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Duane Harper, 1019 N. Pe.rrine, Spokane Valley, WA
Robert Seeger, 1108 N. Perrine Road, Spokane Valley, OVA
Frances Warren, 11722 E. Cataldo, Spokane Valley, WA
Larry W. Kent, N. 812 Wilbur Road, Spokane Valley, WA
Donald & Luella Hartley,,] 1707 E. Broadway, Spokane Valley, N1'A
Steve Devaney, 1.018 N. Rates Road, Spokane Valley, WA
Pat Roc., 1004 N. Fox Road, Spokane Valley, WA
W.D. Parker, 1.004 N. Fox Road, Spokane Valley, WA
Randy Ross, C. 1.2022 Boone, Spokane Valley, WA
Walter IN-larion, 1017 N. Wilbur, Spokane Valley, WA
Chairman Gothrnann closed the hearing for CPA-03-05 to further public
testimony.
The Commission discussed the most recent staff recommendation for
CF'A-U3-05. Commissioner Blum voiced his reservations about the
applicant's request to rezone the subject property. Commissioner Crosby
believes that the Conunission is simply delaying the inevitable by zoning
only the southern section UR-12 this year, and thinks the entire parcel
should be zoned UR-22 now. Commissioner Robertson briefly spoke to
the citizens in attendance regarding their collective strength and how to
best utilize it for the purpose of reducing traffic problems, crime and drugs
in their neighborhood. Conuuissioner Carroll agreed with Commissioner
Crosby that this clash between developers and established neighborhoods
will be common during the period of new growth and development in the
City. UR-22 in this area may be inevitable, but will surely be slowed
down by the adjusted staff reconunendation for CPA-03-05.
Commissioner Ian Robertson proved that the Planning Commission
approve the staff recommendation to change the southern portion of the
parcel to Medium Density Residential and implement the UR-12 Zone;
and to retain the low Density Residential laird use designation and UR-
3.5 Zoning on the northern portion of the parcel. The motion was
seconded by Commissioner Beaulac. Commissioners Beaulac, Carroll,
Gothruann and Robertson voted in favor of the motion. Commissioners
Blurry and Crosby voted in opposition. Motion passed 4-2.
Commissioner Robertson told the citizens in attendance not to think. of this
as the end of the road for their community efforts. He encouraged them to
try working out a good compromise with the property owner.
Chairman Gothmann closed the Public Hearing at 7:51 p.m. The
Commission took a break at 8:00 p.m.
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Mr. Robertson noted the he and Mr. Gothmann met with the Dishman
Hills association to discuss potential purchase of property along
Appleway.
Upon the Conunission's return from break, Commissioner Blum wished to
state for the record that the Planning Commission is not working with the
Dishman Hills Natural Association. A group of concerned citizens, not an
ad-hoc committee of the Coruunission, have met with parties associated
with CPA-03-02.
B. NEW BUSINESS:
Comprehensive Plan: Transportation.elenient presentation
Director Sukup provided the Commission with a slide show detailing the
development process for a transportation element in the Comprehensive
Plan. She explained that the Transportation and Land Use elements are
closely connected, and of vital importance to the Comp Plan.
Comprehensive Plan: Public Participation Program
Mr. McCormick explained that the Growth Management Act requires
adoption of a Public Participation Program. The Planning Commission
plays a key role in the process by acting as a liaison between citizens and
the City CoUnCil. He reviewed the draft plan.
Commissioner Crosby moved, and Conm k srotier Carroll seconded, a
J motion to approve the proposed reco» rnrendations for a Comprehensive
flan Public Participation Pro;ra►n. Motion passed unaninrously.
Adult Oriented Business Briefing
Scott Kuhta, Associate Planner, provided the Commission with a slide
show which covered the background and proposed future actions
regarding this issue. The City Council extended a moratorium on siting
new adult oriented businesses for six additional months, now set to expire
March 2, 2004. This extension allows sufficient time for the Planning
Conunission to recommend changes to the siting standards of the Zoning
Code. The City Council also extended the amortization period one
additional year, now set to expire September 7, 2005. A public hearing on
proposed Zoning Code revisions is tentatively scheduled for October 9,
2003, to allow sufficient time to issue a SEPA detenirination and provide
adequate public hearing notice.
Planning staff developed three options for the Commission to consider
sending to a public hearing. Upon direction of the Commission, staff will
prepare a draft Zoning Code Amendment for a public hearing.
Staff recommendation: The staff recommends Zoning Option 2, which
deletes the amortization provisions from the Zoning Code, while keeping
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the siting standards in place. This option is supported by both Planning
and Legal staff. If the City adopts this option, the four existing Adult
Retail Use Establishments will be allowed to remain al. their current
locations. They will be considered legal nonconforming uses under the
existing Zoning Code. This option will not require the City to amend
siting standards to create new areas zoned for adult businesses. Adoption
of this option will result in a low probability of the City facing legal
challenge.
The Commission requested that staff perform a survey of the three
potential sites for future location of new adult oriented businesses, and to
report back to them ifa serious problem with any of these existing parcels
of"Iand is perceived.
It Eras moved by Commissioner Blunt, and seconded by Commissioner
Crosby, that the Planning Commission recommend Option 2,
maintaining a buffer radius of 1,000 feet, to the City Council for public
hearing. Motion passed unanimously.
X. FOR '1'R E GOOD OF TR E ORDER
Commissioner Robertson: Stated for the record that if the City Council
approves the Junk Car Ordinance, the City of Spokane Valley will need
more enforcement staff in 2004.
Commissioner Beaulac: Pointed out to the Commission that its meeting
on the fourth Thursday of November would be precluded by
Thanksgiving. The meeting on the fourth Thursday of Decenber would
be precluded by Christmas. He requested that staff look into the
possibility of holding November and December Commission meetings on
the first and third Thursdays of the month.
Commissioner Carroll: Expressed his growing concern over the last few
public hearings. When public testimony is concluded, the discussion of
the Commissioners should not be directed to the audience, but to each
other.
Commissioner Blum: is concerned about the Open Public Meetings Act.
He requested verification regarding the regulation stating that more than
three Commissioners should not meet together without posting a formal
meeting notice. Chainnan Gothman.n confirmed that it is improper and
illegal for a quorum (4) or more Commissioners to gather at a public
meeting or event without posting a meeting notice in advance.
Commissioner Crosby: Requested confirmation regarding
Commissioners' terms of office. Whose term expires on what date of
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which year? He altio expressed a desire to have a photo taken of the
Planning Conumission and the Planning staff at the dais.
XI. M)JOURNINMENT
There being no further business, the meeting was adjourned at 9:13 p.m.
SUBMITTED: APPROVED:
P
f;
Debi Alley
Administrative Assistant
Bill Gothmann
Chairman
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