2008, 07-29 Special Joint Council/Planning Commission Meeting MinutesMINUTES
Special Joint Meeting /Study Session
Spokane Valley City Council and
Spokane Valley Planning Commission
Tuesday, July 29, 2008 6:00 p.m.
CenterPlace, Great Hall, 2426 N Discovery Road
ATTENDANCE:
Council Planning Commission
Rich Munson, Mayor
Dick Denenny, Deputy Mayor
Diana Wilhite, Councilmember
Rose Dempsey, Councilmember
Bill Gothmann, Councilmember
Steve Taylor, Councilmember
Gary Schimmels, Councilmember
Ian Robertson, Chair
Marcia Sands
Fred Beaulac
John Carroll
Art Sharpe
Absent:
Craig Eggelston, excused
Gail Kogle, excused
There were an estimated 100 citizens in attendance.
Staff
Dave Mercier, City Manager
Mike Jackson, Deputy City Manager
Ken Thompson, Finance Director
Cary Driskell, Deputy City Attorney
Kathy McClung, Community Dev Director
Mike Basinger, Senior Planner
Scott Kuhta, Senior Planner
Neil Kersten, Public Works Director
Mike Stone, Parks & Rec Director
Greg McCormick, Planning Manager
Lori Barlow, Associate Planner
John Whitehead, Human Resources Mgr
Rick VanLeuven, Police Chief
Carolbelle Branch, PIO
Bill Miller, IT Specialist
Deanna Griffith, Administrative Assistant
Chris Bainbridge, City Clerk
Mayor Munson called the meeting to order at 6:00 p.m., welcomed everyone to the meeting, explained the
agenda for the meeting, and asked City Clerk Bainbridge to call roll. City Clerk Bainbridge called roll; all
Councilmembers were present; all Planning Commissioners were present except Gail Kogle and Craig
Eggelston, who were excused.
1. Action Item: Motion Consideration: Appleway Right -of -Way Litigation, Petition for Review to
Supreme Court — Cary Driskell
It was moved by Councilmember Taylor and seconded to authorize staff to file a petition for review with the
Washington Supreme Court regarding ownership of the Appleway corridor east of University Road. Deputy
City Attorney Driskell explained that Council previously authorized staff to appeal the trial court decision to
the Court of Appeals, which recently issued an opinion substantially upholding the trial court; and Mr.
Driskell stated that staff seeks authorization to file a petition for discretionary review with the Washington
Supreme Court, and that any such petition for review must be filed and served no later than August 14, 2008,
and said that staffs seeks clarification of who owns the right -of -way upon incorporation or annexation, and
added he feels it could be beneficial to pursue this. Mayor Munson invited public comment; no comments
were offered. Deputy Mayor Denenny said he was hopeful this would have been brought directly from the
court of appeals to the Supreme Court, and supports this move. Mayor Munson added that this is not a
contentious argument, as both sides believe they are correct, and when such division of opinion occurs, this
is why we have the appeal process; and said that he does not believe or expect any acrimony from the County
as a result of this appeal. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None.
Motion carried.
Special Meeting Council & Planning Commission July 29, 2008 Page 1 of 8
Approved by Council: 08 -12 -08
2. Workshop Item — Collaborative Planning Options for UGAs — Susan Winchell & Bill Grimes
Ms. Susan Winchell of the Boundary Review Board thanked the planning staff for their collaborative
planning, and explained that she will be presenting the background of this issue, followed by Bill Grimes of
Studio Cascade who will discuss the proposal. Ms. Winchell went through the PowerPoint presentation
giving the history of the UGA development regulations, and briefly explained about the joint planning
process, the Countywide Planning Policies, gave some background on collaboration background and on the
Metro area partners, which include Spokane County, Spokane, Spokane Valley, Liberty Lake, Airway
Heights, and Millwood. Mr. Grimes then continued with the presentation discussing the CTED (Community
Trade and Economic Development) Grant phases, the problem that the UGA development rules appear
unclear, and that development on one side of a jurisdictional line impacts land on the other; he explained that
it is about zoning, subdivisions, land use actions and compatibility, environmental review, street design and
neighborhood character, and gave the example of Moran Prairie and which standards to use: county or City
of Spokane; he showed the differences in the density details and explained about the overlay categories and
gave some examples, and said that the next steps include revisions to the overlay, further staff review, and
that he is hopeful to have an October meeting in this venue to discuss metro -wide planning implementation.
Brief discussion included the desire that County and City staffs communicate; that Spokane Valley's low
density residential is the least urban of the designations; that it appears we should examine different ways for
the County and cities to work together and review applications to meet different zoning standards of each
city; the desire for further discussion on the standards for cluster development; mention that the only way to
have complete control over development would be through annexation; mention that minimum lot size has
been discussed and should be part of this process; the difference between the overlay and the County having
a single ordinance or having five different ordinances to adhere to; and that Ms. Winchell and Mr. Grimes
encouraged Council and Commissioners to let them know of any suggestions they might have for further
discussion. Mayor Munson said Council appreciates the work done, but that Spokane Valley was setting
development standards for the last three years, and it appears we are now being asked to reconsider those
standards to accept the overlay; adding that any such change will take time to consider. There was further
discussion concerning preserving the characteristics of individual cities' regulations, such as larger lot sizes
in Spokane Valley; concern with infrastructure and connections, the comment that this should not be just
another layer to make regulations more difficult; and the comment from Ms. Winchell that this would be
something that the County would adopt, that the City does not have a role in this but she wants to make sure
what the County adopts is agreeable to the municipalities; that there are several months of work ahead of
them, and this process has been changing as they move ahead.
Mayor Munson called for a recess at 6:50 p.m. and the Planning Commissioners retired from the dais.
Mayor Munson reconvened the Council meeting at 7:00 p.m.
3. PUBLIC HEARING: Sprague /Appleway Revitalization Plan
Mayor Munson went over the ground rules on the procedure for conducting the hearing, explaining that each
speaker will be allowed three minutes; he explained that Council will not deliberate tonight, that people will
receive answers to their questions but not tonight as Council and staff cannot possibly answer all questions
tonight; and he said this is a passionate subject, but he asked citizens to please be civil in their remarks; that
Mr. Kuhta will give a general overview, then an overview on each book; followed by public comment on
each book. Mayor Munson said that at approximately 8:45 p.m., he will ask how many people want to speak
who had not had an opportunity, and based on that outcome, this public hearing could be scheduled for
another date. Mayor Munson welcomed everyone to the meeting and invited Mr. Kuhta to the podium.
Mr. Kuhta went through his PowerPoint giving an overview of the project's history, including the numerous
community meetings, and the public hearing of the Planning Commission; and said that staff anticipates final
adoption of this plan this fall. He explained that the Plan is divided into three books; that Book I gives the
Special Meeting Council & Planning Commission July 29, 2008 Page 2 of 8
Approved by Council: 08 -12 -08
community intent; Book II contains the development regulations, and Book III contains the city actions,
including transportation. Mayor Munson opened the public hearing at 7:11 p.m. Mr. Kuhta then showed via
the PowerPoint slides, the statements concerning the community intent: which is to
1. Transform the visual character of Sprague Avenue
2. Re- position disinvested corridor properties to capture value in the current and future marketplace
3. Instigate the construction of the first City Center
4. Increase the vehicular capacity of the Sprague - Appleway corridor
5. Substantially enhance the development potential and value of the properties currently lining the
undeveloped Appleway right -of -way
6. Support the continued growth and success of Auto Row
7. Balance mobility and access, vehicular and pedestrian functionality along the Corridor
8. Incorporate transit planning into the future vision
9. Create a framework for sustainable development
10. Establish a planning framework that builds on and reflects the unique character of the City and
Region.
Mayor Munson opened the floor for public comments on Book I: Community Intent.
Rob Nordhagen, 6708 E Appleway: said he had questions on item numbers 4, 5, and 6 above; he said that
this will increase traffic; there are five lanes flowing westbound now, and four that flow eastbound; and that
the plans will move to five lanes with two in each direction and a center turn lane; and he asked how that will
increase traffic; he mentioned property value and auto row; and asked what we will do with auto row; it
states we will try to enhance auto row and he understands we will "stomp out" used car dealers; that he
understands existing used car dealers will be grandfathered in; and he feels 4, 5, and 6 above are very
confusing.
Ron Roberts, 1116 N Willow Road: said he shares the comments from the previous speaker and questioned
how this will increase traffic by decreasing the number of lanes on Appleway; he compared what we are
doing with what happened in Hayden as they did some revitalization there and he said it was terrible; he also
questioned the process concerning who was invited to the public meetings; as it seemed businesses and
developers were invited but not the general public; he said he is pleased Council has not made any
determinations yet, and he encouraged Council not to lock on to the one way to do something. Mayor
Munson remarked that there have been many focus groups which were all open to the public, and there were
no restrictions on who was invited or could attend.
Jack Riley, 8122 Sprague, owner of the Plantation Restaurant on Vista and Sprague: said he is concerned
about the one -way couplet; that they had the one -way since the beginning over five years now; that he has
seen buildings being torn down; and asked where will the County get tax money when buildings are torn
down; he said he had to borrow money just to pay the property taxes that accumulated over the past year and
a half; and he urged Council to turn it back as the current configuration isn't working for anybody; he said
we need more industry to attract more quality jobs for people here. Mayor Munson reminded the audience
that Council is seeking comments now on Book I.
David Gnotta, 809 S Mariam: said he speaks on behalf of himself and his wife Sylvia; that they are in favor
of redevelopment; and regarding the one way corridor, of the meetings he attended it appears that the vast
majority of the citizens felt that transportation was the overriding factor and he said it makes one wonder
why that is being ignored; he said that having some cross streets would address the issue; or having
destination spots like the auto dealers would be helpful; that the idea of entertainment attractions would be a
great draw and help a lot of businesses along the way; and that it seems to be working, so why spend millions
of dollars to change it; that it makes you wonder where the priorities are and who has power to affect the
ballot; he suggested that business clean up the area and said we are not a cash rich city.
Special Meeting Council & Planning Commission July 29, 2008 Page 3 of 8
Approved by Council: 08 -12 -08
Dan Harter, 9020 E Sprague: he voiced concern with #6 above; said that he supports continued growth and
asked why used vehicles services are not permitted; said he wonders who we are supporting there and that it
is un- American to restrict businesses there.
David Casey, Valley Liquidators, corner of Sprague & Evergreen: concerning #6 above; he asked why there
would be discrimination of independent auto dealers; that that is his livelihood; and he questioned why we
would give the area just to the new car dealers.
Chad Barnhart, 9601 and 9611 E Sprague: said he is concerned about #6 and limiting business and
opportunity for the corridor; that he has seen a lot of businesses leave, and people are looking for more
opportunities.
Glen Kivett, N 17 Walnut Road: said he owns about 100 feet north of Sprague and that he didn't buy
property for speculation purposes; that he is in favor of the corridor remaining the same only extending it
clear to Missoula if possible as it is a most fabulous means of transporting oneself through the valley; he said
this plan reminds him of the guy who wears size 32 pants and buys a size 40 belt because they're cheap and
he'll grow into them; but the guy who has all the food is down the road a ways and he said that guy is the guy
in the mall. He said he feels we are looking down the wrong line; and he doesn't think it'll work.
Margaret Kivett, N 17 Walnut Road: said she is Glen's wife and agrees that they like the way it is now.
Mike Dalton, 8617 E Sprague: explained that he purchased some property based on the plan the County had
at the time; that a few years ago he had a business on Sprague, and decided to go with the 20 -year county
plan; that he bought the property and worked on zoning to get it to where he could build a new building on
Appleway, that he invested a lot of money on that property and a lot of time over the years; that if the
intention of the plan is to support continued growth and success of auto row , that he's in auto row but it
doesn't encourage him to continue with his project; that he knows there will still be good traffic flow, but
that the whole intention is to drive the customer and shoppers to Sprague Avenue; that shoppers are brought
in by advertising of car dealers, and if it changes to two -way, there will be no reason for customers to go to
Appleway; that businesses were lost when it changed but most came back in time, and for him this change is
not promoting growth.
Joe Lane, representing First Choice Auto Sales: regarding #6, he said he has a marketing degree from the
University of Nevada; and he questioned if anyone realizes how much time and effort people put on
marketing their property and trying to get people to come to Appleway, and people on Sprague trying to do
the same thing in marketing their property; and he's concerned about the new car program in section 6, that it
does not say "new auto row" it says auto row; and he feels Council needs to educate themselves on how
many new car franchises can be brought into an area based on the demographics; and he feels that is a large
injustice not bringing in the used car dealers; and he questions how Council expects these people to re-
market their property.
Philip Rudy, business address of 720 N Argonne, home address of 5647 N Fruithill: said he is concerned
with #8: incorporate transit planning into the vision for the corridor; that he suggests putting monorail on the
list as opposed to mass transit /light rail, as a monorail can go in about any time, it can go across parking lots,
is fairly quiet, the initial cost is more but maintenance cost is almost minuscule compared to light rail, and he
added that monorail is very safe.
Patricia Lewis, 145 E 20th Avenue: said she uses the address of Veradale as she doesn't like the way Spokane
Valley is heading, that she didn't move here to have six hundred neighbors, she doesn't want three -story
parking garages; that she disagrees with #7 : balancing mobility and access; that she agrees there is a need for
Special Meeting Council & Planning Commission July 29, 2008 Page 4 of 8
Approved by Council: 08 -12 -08
re- vitalization but it is working well the way it is; and asked how can you limit where you can put a drive -
thru restaurant, as limiting where people can put business doesn't help anyone.
Gene Hinkle, 11916 E Sprague: he said we got here because the old University mall got run into the ground;
that the vacancies didn't happen because of the couplet and everybody knows that; that now the City wants
to make that their centerpiece; and said the same individual who ran it into the ground owns the property we
want to develop; and he cautioned Council to make sure they know what they are doing with such an
agreement.
Larry Deemer, 6008 E 18 stated that he wants to know where we got the "community" in that title of
community intent; that bond votes show that people were against it; that it doesn't represent the people
specifically on two points, that it supports auto row is obvious and it is inappropriate to single out a business
like this for development; and concerning sustainable development, he asked what that means as if feels the
meaning is sustainable business development, but he asked what about sustainable agricultural, and where
does that come from?
Duane Wakan, 2702 E 50t Avenue: explained that he was a former intern for the City of Spokane Valley;
said he and his wife moved here from Salt Lake, and he likes the intent based on #7; that they had that in Salt
Lake and had options to get people from point A to point B rather then just relying on cars, and he would like
to see that here; he said he has had conversations with folks his age and people want to get out of Spokane
and move to cities that have things like Portland and Seattle; and he encouraged marking a place that would
be interesting for people to move to.
There were no further comments on Book I and Mr. Kuhta gave a brief overview of Book 2.
Mr. Kuhta explained that the bulk of this Subarea Plan and this section describes how property will be
regulated and zoned if and when the plan gets adopted; he showed the district zones map; and explained the
desire to locate some residential at least on the south side; and said that what will be applicable will be
applicable to all new development; but that the regulations do not require any change to existing properties if
those existing properties have no changes; that this section includes new signage regulations for each zoning
district; and said that this is consistent with our current regulations; that property can be sold or transferred
and no changes will be required if the property is used for the same purposes. Mayor Munson opened the
floor for comments on Book II: Zoning.
Jim Scott, 2312 S Bolivar: said he owns property at 205 South Evergreen, that it has been used commercially
for 68 years and that this plan takes away long standing commercial zoning and replaces it with residential
building; he said it will decrease the value of property and that is unconscionable and wrong to downzone; he
urged Council to move to exclude their property as staff and the Planning Commission have done for other
parcels; and said that a plan of this magnitude and cost should be put to a vote of the people.
Carlos Landa, owns property at Opportunity Shopping Center, 12109 E Sprague: said he feels the 20% rule
would have restricted putting a new side on the building; that the cost of tearing those down and re- locating
to a corner as the new plan goes also means people trying to break leases; that he can't get a new building
because of this 20% rule; and suggested if maybe the rule were more than 40 or 50% it would be better; he
mentioned the high cost of building costs today compared with the assessed value and said that the 20% rule
would be very restrictive; he said that if you want to continue with the corridor as one -way and if you want to
make the going home street Appleway you could kiss retail goodbye on Sprague; and other than that, he
supports the plan and realizes there have been years spent asking the community about how they feel and he
feels there was valuable input. To clarify, Mr. Kuhta said that exterior improvements exceeding 20% of
assessed or appraised value of property would be required to meet only the architectural regulations
contained in the plan.
Special Meeting Council & Planning Commission July 29, 2008 Page 5 of 8
Approved by Council: 08 -12 -08
Mike VanDimter, 15018 E Shelly Court: said he is past president of the Washington State Independent Auto
Dealers and is concerned about used car sales not being permitted; that he would like to discuss this to help
this city address this and would like to meet with someone to express concerns about this; that he wasn't
aware this existed prior to this meeting, and said he has property on this corridor in auto row.
Dean Grafos, 16120 E Sprague: said he is a business owner and owns real estate on the corner of Conklin
Road and Sprague, that he has 630 feet of frontage on Sprague, 700+ on Appleway; and gave a copy of his
comments to the City Clerk; he said the current zoning on his property is Community Commercial and was
down zoned from B -3 and Light Industrial; and said that it appears he is faced with another proposed
downzone; and as noted in his handout, he asked that his property be removed from the Mixed Use and
Residential Boulevard downzone, and that they retain their current Community Commercial Zoning.
Frank Ide, 106 W Mission, of Taylor Engineering: he explained that he was retained by AutoNation to
provide assistance in redeveloping their Appleway Toyota property at 8600 East Sprague; that it appears
some standards would hinder redevelopment such as frontage requirements and maximum lot sizes; and he
suggests the frontage coverage requirement be reduced to 25% and said they'd like to rearrange the building
to north/south and that would require more than 40% frontage; and as noted in his handout, he had
suggestions for Sipple Road and for the maximum block size.
Councilmember Gothmann mentioned that anyone can submit any length of written comments; and that there
is no ending date set yet for the City to receive written comments.
Ron Roberts, 1116 N Willow said he endorses change but doesn't like change just for the sake of change
which is what he feels is what we are doing here; he said we are being pushed into something we can't get
back out of or will regret; that the businesses seem to say that the one -way caused the demise; he said he's
lived here over 40 years and saw the decline; and saw how they were poor caretakers of the property; and
said just because there is a two way street doesn't mean there will be buildings there; that the shops went to
the mall as that is where the population went; he suggested not going backwards and said this is most
regressive thing he has seen; and he has reservations about letting something get this far after people put in
the best thing we ever had, and he said to go backwards is mind boggling.
David Knotta, 809 S Mission: said there is a concept about farming out some people; that it turned out he can
stay and things won't affect him unless certain things happen; that he has a commercial building and can
keep that same purpose even if he transfers it to someone else for the same use. Mayor Munson said the
rules require we cannot discriminate for businesses.
Susan Scott, 2312 S Bolivar Road: said her husband spoke about the impact of down zoning, that they own
property at 205 South Evergreen and it will have issues of nonconforming and problems for new regulations
for developing; that the property is long and narrow and the plans will be void because of this Plan; she said
Appleway will prohibit access to her property on the south and the new setbacks to front on Appleway will
block their only access to Evergreen; she asked why there would be regulations on a road that doesn't exist
and that the Plan places an opened moratorium on any development or redevelopment of a property; that they
could be put out of business with no development options and she implored Council to look beyond the
vision and see the unintended economic consequences on existing businesses and properties, and she asked
to have her property taken out of the plan.
Dan Harter, 9020 E Sprague: said he is confused, that his property is in the gateway commercial, the way he
understands it it says new vehicles will be permitted not used vehicles unless sold by the new car dealers; and
said we should not discriminate on businesses; and he asked how that applies if he sells his property ten years
from now; and Mayor Munson said that staff will investigate.
Special Meeting Council & Planning Commission July 29, 2008 Page 6 of 8
Approved by Council: 08 -12 -08
Joe Jovanovich, 9610 E 1s Avenue: said he has been down zoned, and said he forgot his next comments; and
Mayor Munson said he could come back later and speak again.
Stacy Bjordadhl, 505 W Riverside: said she has problems with the plan as it exempts public projects; it is
only applicable to private projects as explained in her handout; and said that the plan would exempt City Hall
from compliance, and that it is unfair that only the City's landowners and businesses must comply with the
Plan; yet the City is immune from the very same plan it drafted and promotes as serving the best interests of
the City; she said it appears the adoption is premature until we own the right -of -way; that the plan
downzones a significant number of properties and is contrary to the Growth Management Act to protect
property rights; that a number of terms and concepts are void or vague and it will be expensive for property
owners to comply; that property owners will need to hire an architect to comply; that the plan uses language
such as "preserve and enhance" but she is not certain what that means; and she asked how does one measure
"significant" amounts of traffic; that the plan explains that fences and walls have to be attractive and
compatible with the Spokane Valley character and she asked how to measure those types of criteria; that she
has concerns about discrimination and equal protection and the plan has inconsistencies and discrimination in
terms of where a property is situated; and said there is no uniformity; and that lenders are not happy loaning
on nonconforming buildings.
William Berry, 13107 E Apache Pass: he said he owns property in Spokane Valley and cannot comment on
the book in three minutes; and he realizes he can put his comments in writing; he said of the three properties
he owns, one will be impacted as it will have two zones; the other will have two new zones and all that is
different from where they were last October; that he owns 126006 East Sprague, that he asked for a had a
meeting with Scott Kuhta for about an hour; that this business has been there for 18 years as an auto service
location and that it will be nonconforming and he understands about that; but said he will have to give up
about 25' on Appleway when Appleway widens to 100'; that he worries about stormwater drainage swales
and landscaping; and when all is done he will be left with 75' depth on his property; and that he will have the
privilege of paying for all that.
Joe Jovanich, 9610 E 1s Avenue: thanked Council for allowing him to continue; he asked Council to think
about this package; that the concept is gorgeous and he wonders who will be the first person who has to buy
the property he or his neighbor is on; he said the first people who sell out, he imagines building a residential
building facing his commercial lot site, and if so, it won't sell; so the area will end up with more blighted
areas; he questioned putting a residential area next to a modern business already out there; and asked Council
to think how you would feel if selling that property in a restrictive area that is not in compliance with the rest
of the site.
Larry Ryder, Spokane Valley Fire, 102319 E Sprague: said that the city annexed into his fire district, and he
asked if there is an appeal process; that he will have trouble re- formatting fire stations with certain portions
of the building against the street; that there is talk of having a round -about in the middle of his area (Fire
Station 6) and asked if that were to take place, is the City looking to have a fire station in the same corridor
area; and sad that cross streets are important in getting the fire department in the right direction.
Rob Nordhagen, 6708 E Appleway: he mentioned cross streets, especially between Thierman and Park that
works tremendous because there are those cross streets; but he said he is curious if anybody would want to
move further down Appleway; that we are talking about taking a corridor and turning it into a residential
area; that there are corridors sitting empty downtown; and he asked if we are trying to create a city like
downtown; as most people move here to have the room; and he said we need to go back to the drawing table;
that he would support something like a small arena in the valley and that businesses would support that use
for games or small concerts; as it would bring people to the valley.
Special Meeting Council & Planning Commission July 29, 2008 Page 7 of 8
Approved by Council: 08 -12 -08
Richard Poston, 12703 E 9 he asked who will pay for all this huge stuff; and said Sprague should be left as
it is; and to leave the one way alone; and to leave Appleway coming back alone, but to finish it off with three
lanes as far as Pines Road as that will show people we are ready to do something; and for the plans for a
beautiful city hall, he asked what's wrong with this property out here [meaning CenterPlace], as it is a
beautiful area and there is a nice park here; and it worries him that property taxes will go up considerably.
As it was 8:45 p.m., Mayor Munson asked for a show of hands of those who have not had the opportunity to
comment but wish to. Based on the showing of hands, Mayor Munson said he closes tonight's hearing at
8:48 p.m. and said council will reschedule another hearing soon to receive comments on Book III
Mayor Munson adjourned the meeting 8:49 p.m.
Special Meeting Council & Planning Commission July 29, 2008 Page 8 of 8
Approved by Council: 08 -12 -08
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SPOKANE VALLEY CITY COUNCIL MEETING
Tuesday, July 29, 2008
Please si _ n below if ou would like to speak at the
S ra'ue /a lewav Revitalization Plan
Public Hearing
PRINT NAME AND ADDRESS FOR 'THE RECORD. There may be a time limit for your comments. Any documents
for Council consideration should be provided to the City Clerk for distribution.