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PC APPROVED Minutes 05-22-14 Minutes Spokane Valley Planning Commission Council Chambers—City Hall, May 22,2014 Vice Chair Carlsen called the meeting to order at 6:00 p.m. Commissioners, staff and audience stood for the pledge of allegiance. Ms. Horton took roll and the following members and staff were present: Kevin Anderson Scott Kuhta, Planning Manager Christina Carlsen Lori Barlow,Senior Planner Robert McCaslin, Absent- Excused Cary Driskell,City Attorney Mike Phillips Micki Harnois,Planner Chris Sneider,Absent- Excused Deanna Horton, Secretary Steven Neill Joe Stoy, Absent- Excused Hearing no objections, Commissioner McCaslin, Sneider and Stoy were excused from the meeting. Commissioner Neill moved to approve the May 22, 2014 agenda as presented, motion passed four to zero. Ms. Horton noted all amended set of minutes for May 08, 2014 had been entailed to the Commissioners with some suggested changes. Commissioner Neill moved to approve the April 24, 2014 as presented Motion passed,four to zero. Commissioner Neill moved to approve the amended minutes for May 08, 2014. Motion passed,four to zero. COMMISSION REPORTS: Commissioners had no report. ADMINISTRATIVE REPORT: Planning Manager Kuhta reported the City Council was still working on Comprehensive Plan Amendments , but had voted to approve CPA-01-14 and CPA-02-14 during a motion consideration . CPA-03-14 was not approved with a six to one vote. All of the proposed text amendments had been approved. PUBLIC COMMENT: Scott Cooper, Catholic Charities, Spokane, WA: Mr. Cooper stated he works for Catholic Charities and with the Association of Manufactured Home Owners(AMHO). Mr. Cooper asked the Commission to place a Manufactured Home zone on the Comprehensive Plan docket. Mr. Cooper said low-income people need a place to live and stay. He remarked that manufactured homes are the only source of low-income housing, which is not subsidized. Mr. Cooper said people who own manufactured homes are doing it on their own and owning their own home. However ail over the state, property owners have the ability to decide to sell the land and then leave the people who live on the land with little warning to move their home. Other cities around the state are creating ordinances to protect people who live in manufactured home parks. Mr. Cooper asked the Commission to please consider adding the manufactured home park zone to the Comprehensive Plan docket and adopting a manufactured home park zone. COMMISSION BUSINESS: A. Public Hearing Spokane Valley Municipal Code(SVMC)Amendment CTA-01-14: Planner Micki Harnois gave an overview of the proposed privately initiated amendment to the Spokane Valley Municipal Code (SVMC) 19.70.010(B)(3)(b) and Table 19.60-1 to change the required side and rear yard setbacks from the current 35 feet to 20 feet when the property is adjacent to a residential use or zone. 05-22-14 Planning Commission Minutes - Page 1 of,' Commissioner Carlsen moved to amend chart 19,60-1 to create a separate row for setbacks when adjacent to a residential use to be 20 feet, leaving the setback for adjacent to a residential zone at 35 feet. Commissioner Anderson said he did not see the need to separate the setbacks. Commissioner Neill commented that separating the setbacks created another hardship on the property owner; it was creating another limiting factor. Commissioner Anderson said he would be more agreeable to the separation if it was 10 feet for uses and 20 feet on zones, but 35 feet was too much. Vote on the amendment was one to three, motion fails. Commissioner Neill moved to amend the motion to return the references to all original references to Heavy Industrial setbacks. Motion passes four to zero. Commissioner Anderson asked if the chart could be amended to separate uses from zones even if all the setbacks stayed the same, so if there was a time in the future when the desire to change them to separate numbers. Mr. Kuhta said it was possible to do just that. Commissioner Carlsen moved to amend chart 19-60-1 to add for side and rear yard setbacks to separate numbers. The motion was approved four to zero. Commissioner Carlsen said she would be comfortable with I-2 zone setbacks at 35 feet, but changing the use setback to 20 feet. She felt this would allow the industrial zones to change Commissioner Phillips said he would agree to changing all setbacks to 20 feet. Commissioner Neill said he still felt a 35-foot setback on a 50-foot lot was too much. He said he thought a 20-foot setback for 1-1 and 1-2 adjacent to residential uses and I-I adjacent to a residential zone, and a 35-foot setback for 1-2 when adjacent to residential zones. Commissioner Anderson said he could support this suggestion. Commissioner Neill moved to amend table 19.60-1 to set a 20 foot side and rear yard setbacks for I-I and 1-2 when adjacent to residential uses and 1-1 adjacent to a residential zone, and a 35 foot side and rear yard setbacks for 1-2 when adjacent to residential zones. Amendment passed, three to one with Commissioner Phillips dissenting. Motion to recommend approval of CTA-2014-0001 to the City Council with an amended table 19.60-1 to reflect a 20 foot side and rear yard setbacks for I-1 and 1-2 when adjacent to residential uses and I-1 adjacent to a residential zone, and a 35 foot side and rear yard setbacks for 1-2 when adjacent to residential zones. Motion passes four to zero. B. Public Hearing Draft Shoreline Master Program (SMP),Draft Regulations: Senior Planner Lori Barlow introduced the public hearing for the draft Shoreline Master Program regulations. Ms. Barlow said the purpose was to conduct a public hearing to accept testimony on the drab Shoreline Master Program regulations. She anticipated deliberations would occur June 12.Staff would return at that time to discuss comments received. Chair Carlsen opened the public bearing at 7:15 p.m. Jamie Short, Dept. of Ecology (DOE),4601 N Monroe: Ms. Short shared Ecology's appreciation for all the time and efforts the City has put into the SMP which include tailoring regulations specifically to condition in the Valley She noted that DOE appreciated the creative approach used in developing the the buffers. She noted that Ecology had met with staff to discuss the buffers and get a better understanding of the method. Ecology is"on board" with our buffers and thinks its an interesting approach. However, she would like to address docks on the river. The City's regulations provide dimensional standards, but do not state where they would be allowed. She said approximately three years ago the City Council conditionally approved Goals and Policies which prohibit docks on free flowing stretches of the Spokane River. This is consistent with the recommendation with the Citizens' Advisory Group, and it is consistent with Spokane County's Master Program. The regulations say they would be allowed in Waterfront Residential. In some cases, this designation overlaps the free flowing portions of the river. The DOE requests the regulations geographically define where docks will be allowed. She said Ecolgoy has weighed in before on this subject. It was a large discussion item for the Citizens' Advisory Board. She encouraged the Commissioners to look at the City's Inventory and Characterization Report, which describes the area and also suggested review of the city of Spokane's Upriver Dam Project Boundary. 05-22-14 Planning Commission Mimics Page 3 of4 Kitty Klitzke, Futurewise, 35 W. Main: Ms. Klitzke stated she participated in the Technical Advisory Group. She said she represented Futurewise, Lands Council, Spokane River Keepers, and the Spokane Chapter of Trout Unlimited. She said the groups have issues with docks and where they should be allowed on the river. They don't feel they should be on the free flowing sections of the river. She said there are issues with the butlers. She said the groups feel the buffers are shallow, not exceeding 100 horizontal feet from the ordinary high water mark at times. Species such as the Blue Heron might need 179 feet for shelter. She said there might be places where the critical areas overlay the buffers and they might need to 1. be wider. Commissioner Carlsen asked if Ms. Klitzke had a specific example where she felt the buffer was not wide enough and she responded she could not be specific off the top of her head and the letter submitted did not address any specific area. She said there are places on the map where the habitats are mapped with a straight line and nesting areas do not follow straight lines. She said the letter contains suggested language changes, which also references areas the Dept. of Natural Resources and Dept. of Fish and Wildlife have mapped. in the geologically sensitive areas the group is proposing setbacks which would be more site specific to keep geological areas from becoming a danger to people and the environment. She said the group does not feel that wetland buffers should not be required for smaller wetlands, and the No Net Loss standard would be better served if some of the smaller wetlands required a buffer. Ms. Klitzke submitted a comment letter which was given to the Planning Commission. Commissioner Anderson asked about the Upriver Dam Project Boundary information. Ms. Short from DOE said she would be able to provide a copy to staff, who would then disseminate the information to the Commissioners. Bill Abrahams, 1718 S Manner Rd.; Mr. Abrahams said lie was a member of the Shoreline Advisory Group. He complemented Ms. Barlow and staff for the hard work on the SMP. He said the rules as proposed are pretty good. He felt the suggested changes proposed by DOE and DNR were good ones. His goals are to preserve the river as a corridor as wild as it can be kept. He said for him,it was an escape. He said in most cities you cannot find a river running through it in such a `wild' state. He feels the City should encourage `wild' nature; it should be a draw to the City. He offered the river has value and needs protection. Seeing no one else who wished to testify, the chair closed the public hearing at 7:34 p.m. GOOD OF THE ORDER: Planning Manager Scott Kuhta informed the Commission that he had resigned his position and this would be his last meeting. The Commissioners wished him well and thanked him for his service. ADJOURNMENT: There being no other business the meeting was adjourned at 7:36 p.m. 1 i A Ai ALOIS. Ak ,f Ai (6 ( i 1-I i ci Christina Car ' 1,Chair person Date signed AO1Ift` Deanna Horton, secretary 05-22-14 Planning Commission Minutes Page 4 of 4