PC APPROVED Minutes 09-10-15 Minutes
Spokane Valley Planning Commission
Council Chambers—City Hall,
September 10,2015
Chairman Stoy called the meeting to order at 6:00 p.m. Commissioners, staff and audience stood for the
pledge of allegiance. Ms. Heath took roll and the following members and staff were present:
Kevin Anderson Erick Lamb City Attorney
Heather Graham, absent excused Lori Barlow, Senior Planner
Tim Kelley Marty Palaniuk, Planner
Mike Phillips
Susan Scott
Joe Stoy
Sam Wood Elisha Heath, Secretary of the Commission
Hearing no objections, Commissioner Graham was excused from the meeting. Commissioner Anderson
moved to approve the September 10, 2015 agenda. The vote on the motion was six in favor, zero against,
the motion passes.
Commissioner Anderson moved to accept the August 27, 2015 minutes as presented. The Commission
approved minutes with a vote on the motion of six in favor, zero against.
COMMISSION REPORTS: Commissioner Kelley reported he attended the Traders Club Meetings.
Commissioner Wood attended the Spokane Home Builders Association Government Affairs Meeting.
The other Commissioners had no reports.
ADMINISTRATIVE REPORT:
Senior Planner Lori Barlow reported the Shoreline Master Program (SMP)became effective September 3,
2015. October 1, 2015 the city of Rockford is holding a short course on local planning 6:00 p.m. - 9:00
p.m. at the Rockford Council Chambers.
PUBLIC COMMENT:
Dan Pavelich, 4311 S. Madison Road: Mr. Pavelich stated his residence is adjacent to the former
Painted Hills Golf Course and he is not a resident of Spokane Valley, rather Spokane County within the
400 foot buffer for the proposed development. He stated that he wanted to attend to become familiar with
the Planning Commission members. Mr. Pavelich thanked Ms. Barlow, staff and others at the City for
cooperation extended to his group when requesting a significant amount of information. He thanked the
members of the Planning Commission for their service to the City.
COMMISSION BUSINESS:
Public Hearing: CTA-2015-0005 Proposed Amendment to Spokane Valley Municipal Code
(SVMC) Chapter 17.80 Permit Processing Procedures, Table 17.80-1 —Permit Type and Land Use
Application; SVMC Chapter 18.20 Hearing Examiner, Section 18.20.030 — Powers and Duties;
SVMC Appendix A,Definitions.
Chairman Stoy opened the Public Hearing at 6:11 p.m.
Planner Marty Palaniuk gave a presentation to the Commission outlining the proposed amendments
to SVMC 17.80 Permit Processing Procedures, Table 17.80-1 Permit Type and Land Use
Application; SVMC Chapter 18.20 Hearing Examiner, Section 18.20.030 Powers and Duties; SVMC
Appendix A, Definitions. Amend the SVMC to provide consistency with the newly adopted
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Shoreline Master Program (SMP). There are also some code compliance housekeeping items
included in this amendment. Within Appendix A staff deleted the shoreline specific definitions from
the development code. If one of the definitions were to change staff would only need to update one
document. Mr. Palaniuk listed the definitions that had been deleted. The proposed amendment will
also modify Table 17.80-1, which is a table of all the permits the City processes, and clarifies what
type of permit applies to each land use application. The SMP establishes the process for the
following permits: a shoreline letter of exemption; a shoreline conditional use permit; a shoreline
variance; and a substantial development permit. Additional language is proposed to be added to the
end of Chapter 17.80 to call out any procedures and processes within the SMP that may also apply to
the permit.
Within the table:
• added a shoreline letter of exemption;
• deleted shoreline permit exemption, a dock permit;
• added a shoreline conditional use permit, a shoreline nonconforming use/structure review,
and shoreline variance to the table in Type II permits.
In Section C Mr. Palaniuk highlighted the additional language which clarifies if anything in the SMP
applies to a specific permit as far as processing then that protocol will be followed. The amendment
will also modify Chapter 17.90 Decision and Appeals authority which calls out that the shoreline
permits will be appealed to the Shoreline Hearings Board. Commissioner Wood asked for
clarification of the Shoreline Hearing Board. Ms. Barlow stated that the Shoreline Hearing Board is
a state appointed board. Mr. Lamb further explained that the SMP is a state mandate with strict
guidelines to follow including using the Shoreline Hearing Board as the appeal authority. It is
composed of three permanent Shoreline Hearing Board employees, members of the Association of
Counties, Association of Washington Cities and the Commissioner of Public Lands. Commission
Wood asked if the Hearing Examiner was previously the appeal authority. Mr. Lamb explained that
the Code previously identified the Shoreline Hearing Board; the proposed change is a change to
shoreline permits in the SMP. Commissioner Wood asked if shoreline permit appeal decisions would
be made regionally and not locally. Ms. Barlow clarified that the appeals have always gone to the
Shoreline Hearings Board and will continue to do so.
Powers and Duties of the Hearing Examiner previously included conditional use permits and
variance permits. They will now be administratively reviewed by the Department followed by
Department of Ecology. The addition of shoreline letter of exemption, appeal to the duties of the
Hearing Examiner. Mr. Palaniuk clarified that the Hearing Examiner will be hearing appeals of
shoreline letters of exemption, and not making the decision on shoreline letters of exemption.
Chairman Stoy opened the floor to public comment, hearing none the Public Hearing was closed at
6:25 p.m.
Commissioner Anderson moved to approve CTA-2015-0005 Amendment to Spokane Valley Municipal
Code (SVMC) Chapter 17.80 Permit Processing Procedures, Table 17.80-1 —Permit Type and Land Use
Application; SVMC Chapter 18.20 Hearing Examiner, Section 18.20.030 — Powers and Duties; SVMC
Appendix A, Definitions, as presented. Motion seconded and opened for discussion.
Commissioner Wood stated that he prefers for things done in the community to be approved by us and
not the state. He asked for verification that the process was required by state law, and that it can't be
changed. Mr. Lamb stated that is correct. Chairman Stoy reminded the Commission that the decision
which is going to the state level is an appeal not the issuing of the permit. Ms. Barlow further expanded
on who might file an appeal to a decision on a permit.
Commissioner Anderson asked for clarification that the only change from Study Session to current
presentation was the addition of the word appeals in SVMC 18.20 "Shoreline letter of exemption
appeals". Mr. Palaniuk stated yes and he expanded that the additional text in the staff report was to
provide more explanation.
Chairman Stoy called for the vote on the motion was six in favor, zero against, the motion passes.
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GOOD OF THE ORDER: Nothing presented.
ADJOURNMENT: There being no other business the meeting was adjourned at 6:30 p.m.
Joe Stoy, Cltairperso Date signed
bLii)
Elisha Heath, Secretary
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