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2007, 07-31 Study Session MinutesMayor Wilhite called the meeting to order at 6:00 p.m., and welcomed everyone to the meeting. Present: Councilmembers: Diana Wilhite, Mayor Steve Taylor, Deputy Mayor Dick Denenny, Councilmember Mike DeVleming, Councilmember Bill Gothmann, Councilmember Rich Munson, Councilmember Gary Schimmels, Councilmember MINUTES CITY OF SPOKANE VALLEY CITY COUNCIL STUDY SESSION Tuesday, July 31, 2007 Staff: Dave Mercier, City Manager Mike Connelly, City Attorney Mike Jackson, Parks & Rec Director Nina Regor, Deputy City Manager Scott Kuhta, Senior Planner Greg McCormick, Planning Manager Carolbelle Branch, Public Information Officer Ken Thompson, Finance Director Neil Kersten, Public Works Director Rick VanLeuven, Police Chief Greg Bingaman, IT Specialist Chris Bainbridge, City Clerk Employee Introductions: Engineer John Hohman introduced new employees Bonnie Gow and Wayne McGavran; followed by Senior Plans Examiner Nik Bentley introducing new building inspector Rob Guerry. Council welcomed the new employees. I. Public Comment: Uniform Development Code Title 19 Mayor Wilhite explained that this is an opportunity for citizens to comment on the Uniform Development Code Title 19. The following people commented: 1. John Miller, E. 5817 Bernhill Colbert: said he is not a resident but owns property here; that the mixed use district allows more than one type use but doesn't specify what would include industrial uses, and he would like that clarified; and that he would like to include a residential component in the park with maybe other light uses like a restaurant. 2. Chuck Hafner, 4710 S Woodruff,: said he lives in the Ponderosa area, said he didn't know why this was being considered again today as it has already been approved numerous times; that Council ignored or disregarded Planning Commission recommendations; and he questioned the 25,000 square foot lot size; and that Mr. DeVleming should recuse himself as he is leaving his council position; and Mr. Taylor should recuse himself as he represents the Homebuilders Association which could be a conflict of interest; and he questioned again when the 40,000 square foot tract was reduced to 25,000 square feet. 3. Loyd Petersen, 3001 N Joel Court: said he is a retired real estate appraiser; that is he astounded that the Council over -rode the Planning Commission regarding changing the UR 3.5 to UR7.1; and feels having a subdivision across the street with 65 or 70 foot lots and very small homes would adversely affect his property. 4. Ken Garceau. 3417 E 31st; said that Council controls the future for our community; and he spoke of potential growth in Washington state of 7500 residents a year in our county; he mentioned that the Growth Management Act (GMA) has thirteen provisions; and one is not to create sprawl; and he said we Meeting Minutes: 07 -31 -07 Page 1 of 8 Approved by Council: 08 -14 -07 have to have enough buildable land or we will force workers to drive long distances to get to work, all of which drives up the cost of housing. 5. Jerry Reisdorph, 18825 Fairview Ct: voiced his opposition to six or seven homes to an acre and said that creates a fire hazard; said zoning should be left as is; and that Mr. Taylor should recuse himself due to conflict of interest. 6. Dale Strom, 15112 East Wellesley: said he wants his grandkids to have a place to live and ability to invest in an affordable piece of property; that the Dishman commons area is a dense area; he asked people in that area if they like it and they responded they do. 7. Robin Bekkedahl, representing Avista Utilities, PO Box 3727 Spokane, 99220. said Title 19 doesn't adequately address utilities; that there are no zones that allow gas distribution, electrical distribution, electrical substations or transmission; and that increasing density increases loads on their facilities. 8. Norma Shane, 11207 E 18` expressed concern about the size of the lots council is proposing for developments; said she's been affected by a home built on a 50' lot; she sits on a hillside; she lost her privacy in the back of her house and on both sides; and said that land contour should be considered. 9. Sheldon Jackson, 406 East 14 Spokane: said he has a commercial question at 19.60.010 paragraph #4, where it states that in commercial zones, all new developments share access with adjoining properties; he asked if the City attorney reviewed this as it is almost in a commercial development to force someone to share access with someone else. 10. Doug Rider, 19410 E Buckeye Avenue: said he feels the development around his area is cramming people together; and that Mr. Taylor should recuse himself from anything to do with this as feels it is a conflict of interest; that he is a retired fire chief and sees a big fire problem with houses this close to together. 11. Steve Vance, 15910 E 11 Veradale: said Chuck Hafner addressed a lot of the problem, that he lives in the Rotchford area; he wants to know why changes are made without proper citizen notification; that he doesn't have a problem with new developments, but objects to disturbing a 30 -year old neighborhood; and asked Council to reconsider the 25,000 lot size in Rotchford and Ponderosa areas. Deputy Mayor Taylor mentioned that the 40,000 square foot tract was not changed to 25,000 as that 25,000 is a scrivener's error in the code. 12. Dick Behm, 3626 S Ridgeview Drive, Ponderosa: said he is disappointed Council is not protecting the neighborhoods from over development; and he asked Council to reconsider if they are contemplating changing the Planning Commission recommendations. 13. Faith Phillips, 4126 S Sunderland Drive: said she believes urban sprawl is an issue most communities will have to deal with, and that Council is holding the fates of about 700 homes where people invested most of their savings and lives; and that Council represents the people who elected them and not the builders. 14. Ron Hormann, 1319 S Shamrock, Rotchford: asked about the 40,000 square foot lot sizes in title 19; and said that title 19 refers to title 22 with minimum lot size of 25,000 sq feet. [Mayor Wilhite said that was supposed to be 40,000, and that Council will take care of any discrepancies between title 19 and 22 when they get to Title 22. Councilmember Munson said page 8 of 43, table 19 is where that is noted for residential 1.) Mr. Hormann said he appreciate the efforts to make changes Meeting Minutes: 07 -31 -07 Page 2 of 8 Approved by Council: 08 -14 -07 15. Paul Gehringer, PO Box 14454, Spokane Valley: said we became a city so could we could be represented; that he fought a re -zone on Evergreen which was done two weeks ago; that fifteen feet from his house will be paved over and Council allowed that for commercial; and he asked how much will be left for residential as it appears there is no plan. 16. Keith Stracchino, 10508 E Cimmaron Drive: said he wanted to remind Council of the concern of the Ponderosa residents and of safety issues associated with overpopulating an area with only two places of egress; and that a speedy evacuation can't happen. 17. Bob Blum, 12722 E 15` said there must be a middle ground and that should be being discussed, between having no development and having nothing left undeveloped; if low density residential includes R1 through R3, he's not sure what would prevent a homeowner in R3 to go from R1 (or vice versa); and if approved, a person could put six homes in a space that used to have just one home; he talked about properties with backyards facing roads and of the ability to fence that area; he said that Title 19 talks about fences and accessory units like sheds in backyards; and said those need to be considered; and perhaps those established areas could be grandfathered in. 18. Art Britton, 18812 E. Euclid: said we keep putting houses in and don't keep the industry to go with them; that impact fees were mentioned here and there but nothing ever done and it seems we need that to pay for the streets and infrastructure. 19. Len Bouge, 304 S Conklin Road: said he doesn't plan on putting six houses on his property, but he wants to be allowed some property where he can place a retirement home; that he has been stopped and told he can't do this; that he has been asking this for about three years and that the over half an acre won't disturb the ambiance of the area; but the way Title 19 is written he can't have his retirement home on his property; and he doesn't understand why grandfathering is not acceptable. 20. Patty Shea, Regional Business Manager of Avista Utilities, 1141 E Mission Avenue: she questioned section 19.110.040 pipeline hazard overlay; she said that the title states the hazard area shall extend 500 feet and their easements are much less. (Reference her handout for further areas of concern.) 21. Margaret Mortz, 3420 S Ridgeview: said she lives in a wildland interface zone which is subject to conditions that the Fire Chief and Sheriff's Office regulate and they said no more development until the infrastructure and an evaluation is provided; she doesn't object to her zone of 3.5; but would object to higher densities; and said that evacuation needs to be addressed; that the GMA demands an average of four houses per acre over the urban region; and she suggested Council read her analysis of the Litowitz test as contained in her handout to Council. 22. Pete Miller, 18124 E Mission Greenacres: she said these people care about the direction the city is taking, and she asked that Council approve the Planning Commission's recommendations as submitted and if Council ignores those recommendations, it will be apparent Council responds only to special interests. 23. Gail Stiltner, 10119 E 44 in Ponderosa: said she feels the regulations of the GMA have been misused or misinterpreted or the real intent of the Act has been ignored; that she has questioned the Act's implementation many times; and if we don't retain zoning that allows one house per acre, we will see the demise of that unique section of the community; and will see safety issues arise due to limited and inadequate streets. Meeting Minutes: 07 -31 -07 Page 3 of 8 Approved by Council: 08 -14 -07 24. Ron Oman, 4337 S Farr Road: said he supports the one acre lots in the Ponderosa and Rotchford areas; and it should be approved so future generations can experience the values they all enjoyed over the years. 25. Judy Belous, 8803 E 44 Avenue: said she supports the one acre restriction for Ponderosa, and echoes Gail Stiltner about the neighborhood character; that there has been lots of lip service from this council and other municipalities; that Council needs to have some vision of what the neighborhood should have as we don't want all neighborhoods looking the same; and she asked what is council's vision for the city. 26. Jerry Garratt, 9719 E 44 Avenue: suggested Council adopt the Planning Commission's recommendations; and said that Mr. Taylor should recuse himself from this vote as he's representing the building association. 27. Cathy White, 9403 E Holman Road: she discussed the issue of abandoning the interim zoning specifically; and asked Council to require evaluation of the water supply for existing homes and future development; and that the water and fire districts should conduct an evaluation as there is evidence of non - reliable water volume and /or pressure to protect the public and the firefighters if a fire occurs; and that the Ponderosa water tank has no backup and has a slow refill rate. Mayor Wilhite said the City does not own its own water district and she recommended Ms. White present that matter to the water district. Ms. White asked if Council consults with the water boards; and Mayor Wilhite recommended she bring that up with water district. 28. William McCormick, 18810 E 4Th Street: said condensing houses on top of each other creates an unreal lifestyle; that people move here to get away from that environment; that we need a safe atmosphere and Council needs to consider the environment before changing zoning codes. 29. Mary Pollard, 17216 E Baldwin Avenue: said she is shocked at Council's arrogance, and she demands the R2, 10,000 square foot lots be retained and Ponderosa as R -1 should be retained at 40,000 square feet; that Council never enacted compassionate ordinances to protect existing uses by requiring lots backing existing properties to be finished; that GMA does not demand four houses per acre but that is only an average; and the lack of vision won't attract investors to our community; one zone does not fit all; and she asked that Council please keep zoning and have criteria that makes this a meaningful process. 30. Regan Heaton, 4042 S Conifer Court: said she is a second generation in the Ponderosa; that Mr. Taylor should take his vote out as he's in the building industry; that he coached kids from Ponderosa elementary and those kids are already going to other schools as the Ponderosa is already dense enough and the area should never be this high of a density. 31. Jennie Willardson, 12722 E 23 said her neighborhood developed as a typical minimum 10,000 sq ft area; that GMA allows for an average 10,000 square feet or four houses per acre; that Council is in the laps of developers and not listening to the people is annoying; and that government is for the people and not for the wealthy developers. 32. Joseph Edwards, 16104 E. Rich Avenue: said people want larger lot sizes; that we need to keep those lots and need to put into place reasons for making zoning changes; and Council should protect the interests of all the people and not just the developers. 33. Nancy Nishimura, E 15103 Valleyway: stated that Council seems to act in haste over issues that the Planning Commission worked on for a long time; that one councilmember has a clear conflict of interest and should excuse himself since his livelihood is connected with developers; that there are many Meeting Minutes: 07 -31 -07 Page 4 of 8 Approved by Council: 08 -14 -07 examples of housing that have been allowed to go into disrepair and are crime ridden, like Edgeclift; that she is not convinced more small homes on more small lots will solve problems. 34. Sonja Peterson, S. 4202 S Pondra Drive: mentioned that she loves her home; she spent the last 16 years building it up and working on the landscaping; she loves her neighbor's space and it matters very much what the person across the street does or does not do to their home; that Council's vote matters very much; there is still no sewer at her house; but putting six houses per acre won't solve the problem; she doesn't want any fancy new streets or street lights, and she wants the area to be left as it is. 35. Janice Cooperstein, 9716 E 4Th Avenue: said she strongly objects to any zoning code where the City sets certain zoning; that residents live under the expectation of that zone, and if a developer requests and gets higher zoning that is unfair to existing property owners; she asked what is the density goal for our city; that we don't have existing infrastructure, which deals with the point Cathy White was trying to make about the water problem; that Council has input into what the code should be especially for wildfire areas; that Ponderosa has the worst access roads of all those neighborhoods with limited access roads. 36. Jim Cooperstain, 9716 E 4Th Avenue: said the Ponderosa is a historically wildfire area with limited access roads, inadequate roads, and questionable water supply and water pressure; and under certain conditions the area is an extreme urban wildfire area; that there should not be any consideration for a smaller lot size or increased number of dwellings in established neighborhoods; and unchecked and unreasonable development seems to have more rights then existing homeowners. 37. Bev Scheunemann, 1924 S Balfour: commented about the Dishman Commons area; she lives in Chester Hills near Dishman Mica Road; those houses facing 16 have boards attaching each other; and it seems like a backdoor way to allow them to be built closer together. 38. Adriane Borgias, 9326 E Holman Road: she has lived there for 17 years; the property is on an urban growth boundary and the land is an easy target; when homes are packed in it detracts from the admirable aspects of neighborhoods; that residents try to protect property rights but they become disempowered when up against the economic engine of urban growth; and we need to retain traditional zoning in those areas; and instead focus on the blocks of vacant boxed stores that exist along Sprague as that is the area the GMA is intended to address; and is where Council can create a vibrant livable city. 39. Judy Rigby, 17817 E Montgomery: said there is a conflict of interest here and the Council should heed the Planning Commission recommendation; and it would be disheartening to ignore that; that she wants to keep what they have now; and everyone's existence here tonight shows that compassion. 40. Marilyn Greer 2509 N Long Road: explained that she has been there since 1960 with two acres; that zoning is meaningless without insuring what it is on the map; that this is more of a "bate and switch" to buy property and then have a developer pay for a zone change; that the present system only allows low to change to higher and not the reverse; that there must be tools to mitigate to keep neighborhood integrity; that what happens next to and across to you impacts your life; and that she has been routinely denied rights to due process without an opportunity to seek mitigation of negative impacts to their property; and that the vision is too short and her taxes have tripled because she has a river view. 41. Joe Michielli, 8324 E Sinto; said he is perhaps the resident who has been in the valley the longest as he's been here 78 years; that he used to live in Ponderosa and witnessed that fire years ago and said those people were trapped in that area; and if there are more lots per acre it will be a fire death trap; that if it changes to more houses per acre, the City will benefit from taxes but what about the people in that area; and he said that lot size is very important. Meeting Minutes: 07 -31 -07 Page 5 of 8 Approved by Council: 08 -14 -07 42. Sharon Panther, 8004 East Glass: said she wanted to address the airport overlay zone and asked why it was enacted as it wasn't state or federally mandated; and she asked why there was no public notification; that this altered her plans for retirement and kept her from doing things she wanted to do with her property; that the ordinance was approved in February of 2006 but she learned about it in a passing conversation. 43. Erica Johnson, 17112 E Baldwin: said she has lived here almost 20 years and has seen her parents work to build up their property and to make a way of living proud to pass on; but that she's not sure she wants to do that any more; and asks if is this building a better future for the next generation. 44. Mick Jackson, 2016 S Early Dawn Drive: explained that he is unclear about a couple things and since it is Council's goal to represent the majority of people, he assumes this was built for a certain size meetings; that it seems a lot of people are upset and don't want anything changed; that he's not sure why there should be a change to smaller lots and doesn't understand the reasoning behind it; that when this happens in most major cities it is generally not effective over a long period of time and becomes more inner city with traffic and school problems; and that if Council wants to do what is in the best interests of their constituency, he doesn't see a reason to change this and if it's a mistake, it can't be undone once those homes are built. 45. Dave Crosby, 10421 E Sinto: he presented some facts about the number of homes under $140,000 in the area; and said there is nothing on the market under $95,000; that he is from the Association of Realtors and his livelihood has been selling affordable homes; that he sells to first time affordable buyers, but that the medium home price in the area is $264,000 compared to the country -wide medium of $213,000. 46. Michael Donahue, 18809 Fairview Court: said he moved here in 1948 as a Washington State Trooper, and has seen the valley grow from farming apples and the growth has been orderly growth using existing roads; that there is still a lot of room to build homes; that we don't have to have the expensive terribly big homes that people can't afford; but that he measured the distance between two homes being built in a new area development and said the distance is ten feet and said we don't want that to continue over a long period of time as that barely allows room for a tree and nice shrubbery; and asked Council not to judge everything based on what one councilmember thinks. 47. As some people relinquished their time to Chuck Hafner, Mr. Hafner completed his comments by stating that he has supported this council since inception even with differences; that this is not a personal attack; that he asked Mr. McCormick what happened to the one -acre proposal; and Mr. McCormick said he knew nothing about the change; and Mr. Hafner asked why are the only people aware of change those in the City's planning department; and he would request an explanation in writing; and said that rezoning to accommodate more building is not within the vision of our city but is simply greed; and that special interests should not be considered; and the only answer is to change the type of government or the representatives at the ballot box. 48. Loyd Peterson was also allowed additional time by another citizen relinquishing their time, and Mr. Peterson said he heard nothing said about what will happen to all the schools and how many schools will need to be built if you go to this UR 7 zoning. City Clerk Bainbridge mentioned that she received other written comment from Margaret Mortz, 3420 S Ridgeview who did speak tonight; and from Elizabeth Mosey of the law firm of Winston & Cashatt; and that copies will be forwarded to each councilmember. Meeting Minutes: 07 -31 -07 Page 6 of 8 Approved by Council: 08 -14 -07 Mayor Wilhite announced that if people would like to receive e -mail notification of other public hearings, or public comment opportunities, that there are sign -up sheets with the Clerk. Mayor Wilhite called for a recess at 8:15 p.m. and reconvened the meeting at 8:30 p.m. It was moved by Councilmember Denenny and seconded to extend the meeting to 9:20 p.m. In Favor: Mayor Wilhite, Deputy Mayor Taylor, and Councilmembers Gothmann, Munson, and Denenny. Opposed: Councilmembers DeVleming and Schimmels. Motion passed. 1. Uniform Development Code Deliberation Title 19 — Greg McCormick After brief discussion and mention of the receipt of the red -line copy of Title 19, it was determined Councilmembers would use the "clean" copy previously distributed. Mayor Wilhite led discussion on the following sections: 19.40.090: Residential Accessory Uses & Structures - no suggested changes 19.40.100: Dwellings, Accessory Apartments — no suggested changes 19.40.110: Other accessory structures It was mentioned there have been nuisance lawsuits in other areas concerning windmills and noise. Mr. McCormick will further research that topic. 19.40.120: Manufactured Housing — no suggested changes 19.40.130: Manufactured Home Parks — no suggested changes 19.40.140: Home Occupations Councilmember Denenny questioned #3; and Deputy Mayor Taylor said he preferred to strike #3 entirely. It was also suggested to limit the number of people residing, other than family members, to two or three. It was decided that Mr. McCormick will come back with suggested verbiage. Councilmember DeVleming said he had no objection to limiting the number to two, and Council concurred. 19.40.140: Animal raising & Keeping. This section needs to be correctly numbered to 19.40.150 Mayor Wilhite announced that as the time is now 9:00 p.m., Council will conclude the discussion and will start back with 19.50: Planned Residential Developments when they next meet to discuss Title 19, which is currently scheduled for August 21. Due to the tight timeline in which to complete the entire Uniform Development Code, Mr. Mercier and Mayor Wilhite will send Council tentative meeting dates for continued deliberation. Councilmember Denenny suggested Council meet in the similar manner as when addressing the comp plan; i.e., twice a week if necessary. 2. Uniform Development Code Deliberation Title 22 — Greg McCormick In the interest of time, this was postponed to a future meeting. 3. Preliminary 2008 Budget — Dave Mercier City Manager Mercier said that tonight is his introduction to a balanced proposed budget for fiscal year 2008; and in the interest of time, he will focus on a few pages which will show the most trends and variances between this year and the next. Mr. Mercier then went over the highlights of page 3 showing the answer to the question of where are the taxpayer dollars going; and he mentioned that this Council's priority on public safety means that 179% of all the entire property tax is allocated to public safety. He explained that page 23 is the budget summary which tries to capture the essence of what's occurring in the budget; and he said that we budget everything including the reserves even though we don't anticipate Meeting Minutes: 07 -31 -07 Page 7 of 8 Approved by Council: 08 -14 -07 spending from the reserves. Page 56, he explained is the general government section showing where most expenditures appear that are applied to enterprise -wide issues like an election; and that this section includes the interfund of four million dollars to the civic building reserve, which is proposed to meet the objective to have needed resources for a city hall facility. Mr. Mercier also highlighted pages 64 which enumerates the street capital projects; page 72 showing the FTE's; page 73 which is the survey of work force comparison; and finally pages 79 and 80 which are copies of the updated version of the six -year financial forecast, which he explained, recognizes that four million dollars for the civic building and if Council decides not to do that, he would recommend keeping those funds in the general fund balance. 4. Advance Agenda Additions — Mayor Wilhite Mayor Wilhite reminded everyone that due to National Night Out, Council will not meet August 7; that there might be an executive session August 14 regarding the city center, and that she and Mr. Mercier will discuss adding a few extra sessions to address the UDC. 5. Council Check in — Mayor Wilhite Mayor Wilhite reported that last Friday was the deadline to submit applications for "outside agency funding," and that Process Access missed the deadline, and she asked Council to think about how they would like to handle that late request. 6. City Manager Comments — Dave Mercier Mr. Mercier said he had no additional comments. There being no further business, Mayor Wilhite adjourned the meeting at 9:22 p.m. ainbridge, r ity Clerk Diana Wilhite, Mayor Meeting Minutes: 07 -31-07 Page 8 of 8 Approved by Council: 08 -14-07 NAME PLEASE PRINT ADDRESS ZIP TELEPHONE -3.c V x ( I ( :_ t 1r\1 ) , - - 21e23. 963L.sL:00 val.......:..... �• - t • „ i ( Agm,.. crav(2 c?Li- 04/)-is _ _ Ce ` - #1, , ,z,i- - _____. 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NAME PLEASEPRINT ADDRESS ZIP TELEPHONE & , 4, 1 / o 11 9 9-4 � / cic a_U6 1 1 all iD ( 3 c A 5i ‘ I4 1 1 Nr cM ) ►I c y371 rc,A/1 11 —W 1 367t t-- & Oati ,C 3 F (( . cif <WY / 76- er ne in c 2 /9 -` S crer3CDG c, Z —(‘ . z PUBLIC COMMENT UDC TITLE 19 SIGN -IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING DATE: July 31, 2007 CITIZEN COMMENTS YOUR SPEAKING TIME WILL BE LIMITED TO THREE MINUTES Sign in if you wish to make public comments. NAME PLEASE PRINT ADDRESS ZIP TELEPHONE Ce Lc %' t (I c l-1 1,,,,, 9 -zd 6' 9-?_c - ;c) -11 1A) au(r 4i L . i ►Fr)rv► `./5 (/ s• 64.' OFF Kb 9a 9 - gs - 33 ,_"T If,fin I � )v1(9..s ‘7/4.;,((S. . (RUFF iii) e /. a,2 V 7 3 e:19/ ? 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Zf3 e / 14/ A f f f / / � , /( ' `' y �� ,,rho ` gi t., 114 - it) w 7 CC 7 ) ?2 6 , ( J` i jo Al , ` ' ivm de: i #' p 6 a "c �'� e. Q . 1 �r i f y IN d 4 .'CU 1 (+ C - [ f 7i # z 7 111 ITivA0L, OA vi v1,-e \ \ 1, 0 (--ev-crelr qh 6/1111 e C 0 tAl, IP 0 1 tt t, UN IFORM DEVF,LOPME�T CODE fUllCl [ EB CITIZEN Siria,ai_SU SPOKANE VALLEY CITY COUNCIL MEETING DATE: July 31, 2007 AS ADDITIONAL INFORMATION BECOMES AVAILABLE, OR ADDITIONAL MEETINGS/HEARING ARE SCHEDULED, PERSONS LISTED BELOW WISH TO RECEIVE NOTIFICATION OF SUCH: