PC APPROVED Minutes 09-27-18 Minutes
Spokane Valley Planning Commission
Council Chambers—City Hall
September 27,2018
I. Chair Rasmussen called the meeting to order at 6:01 p.m. Commissioners, staff and audience stood for
the pledge of allegiance. Office Assistant Mary Moore took roll and the following members and staff
were present:
Michelle Rasmussen Erik Lamb,Deputy City Attorney
James Johnson Lori Barlow, Senior Planner
Timothy Kelley Marty Palaniuk, Planner
Suzanne Stathos Jenny Nickerson, Building Official
Danielle Kaschmitter
Mike Phillips Mary Moore, Office Assistant
Matthew Walton
H. AGENDA: Commissioner Johnson moved to accept the September 27,2018 agenda as presented. The
vote on the motion was seven in favor, zero against, and the motion passed.
III. MINUTES: Commissioner Johnson moved to approve the September 13, 2018 minutes. He noted
Commissioner Phillips had attended the meeting. The vote to approve the amended minutes was seven
in favor, zero against, and the motion passed
IV. COMMISSION REPORTS: Commissioner Johnson stated he attended Valleyfest over the weekend
and attended the City Council meetings. He reported that at the September 25, 2018 council meeting
Mayor Higgins appointed him to the Spokane County Human Rights Task Force.
V. ADMINISTRATIVE REPORT: There was no administrative report.
VI. PUBLIC COMMENT: There was no public comment.
VII. COMMISSION BUSINESS:
i. Public Hearing: CTA-2018-0003 A city-initiated proposed amendment to Spokane Valley
Municipal Code(SVMC) 19.70.050(G)Open Space requirements in Mixed Use Zones.
Commissioner Rasmussen opened the public hearing at 6:05.
Planner Marty Palaniuk gave a presentation regarding a proposed amendment to SVMC
19.70.050(G) open space requirements in mixed use zones. Mr. Palaniuk stated the amendment
was in the public hearing stage of the process. If the amendment is recommended at this meeting,
then at the next meeting staff will return with the Planning Commission's findings of fact and
recommendations to City Council. Commissioner Kelley clarified there are two mixed use zones
within the City's zoning districts which allow residential development, Corridor Use zone and the
Mixed Use zones. Mr. Palaniuk said in the Mixed Use zone 85% of the properties and in Corridor
Mixed Use 50%, are within the 1300 square foot of a public park or trail. Mr. Palaniuk also
explained the use of the words"mixed use"in the sentence referred to both of the mixed use zones,
MU and CMU. Mr. Palaniuk reviewed the proposed changes to SVMC 19.70.050(G)which are as
follows:
• Eliminate the open space exemption for multifamily or mixed use development of less than
10 new dwellings;
• Include"public trail"when exempting the open space requirement for development located
within 1300 feet of a public park;
• Define what form of mixed used development is exempt from providing open space;
• Remove"fee in lieu of land" option;
• Specify that parking areas shall not be considered as non-residential uses for the purpose
of classifying the project as mixed use;
• Add a definition for"mixed use" to Appendix A—Definitions, "A development with two
or more different land uses combined in a single development project. Mixed-use
2018-09-27 Planning Commission Minutes Page 2 of 3
development can be either vertical or horizontally mixed, and could include employment
uses such as office, retail, community, or cultural facilities, along with higher density
residential uses."
Chair Rasmussen invited the public to testify.
Arthur Witten, Spokane Home Builders Association (SHBA): Mr. Whitten stated the Home
Builders Association is in support of the removal of the fee in lieu regulation. He urged planning
commission to reinstate the open space exemption for projects with 10 dwelling units or less. He
said it builds a strong neighborhood when there are varieties of businesses and residences,whether
renter or owner occupied,in mixed use zone.He said he felt the intent of that language was to allow
the small-scale multifamily development to accompany these mixed use structures that are allowed
in the zones. The SHBA believes the Planning Commission stepped outside of the City Council's
intent when directing staff to review this provision and should keep the language. Commissioner
Kelley asked if Mr. Whitten meant removing the requirement for 10 units or less in only the Mixed
Use zone and not the Corridor Mixed Use zone. Mr. Witten stated he meant in both zones and it
should stay in the code.
Seeing no one else who wished to testify, Chair Rasmussen closed the public hearing at 6:22 p.m.
Commission Johnson moved to accept CTA-2018-0003 with a change to reinstate the open space
exemption for developments of 10 units or less, Commissioner Johnson agreed with all of Mr.
Whitten's comments and added the exemption would apply to a very small percentage of the overall
mixed use zoned lands. Commissioner Kelley asked if the discussion was about Corridor Mixed
Use or Mixed Use zone.Commissioner Kelley stated we don't see sidewalks or any way for people
to move back and forth safely from building to building. Corridor mixed or mixed use zones
supplies that open space to have common areas to socialize. Commissioner Kelly did not support
reinstating the open space exemption. Commissioner Phillips supported leave it as proposed and
does not support reinstating the exemptions. He stated the open space requirement is only 210
square feet for each dwelling unit and the maximum area that would require dedication would be
2,100 square feet. He said that much area is equal to approximately half of his front yard. He did
not feel that was too much to ask a developer. Commissioner Phillips supported the amendment as
originally proposed. Commissioner Walton stated he struggled with eliminating the exemptions.
He has been a proponent of eliminating this exemption. He does not believe in excessive
regulations. Mr.Walton stated the purpose of the change is to support and promote true mixed-use
developments and felt that the amendment, as written, does that. He did not support the motion.
Commissioner Kelley asked for clarification on the motion and Chair Rasmussen said that the
motion on the table was to approve the language as presented with a modification to reinstate the
open space exemption for 10 dwelling units or less. Commissioner Kelley stated that those in favor
of the motion are in favor of eliminating open space. Commissioner Walton said the motion is to
reinstate the stricken requirement for open space for projects with 10 or less dwelling units and to
reinstate the language rather than have it remain stricken. Commissioner Stathos did not have any
comment. Commissioner Kaschmitter wanted to see open space required for multifamily projects.
Commissioner Walton clarified the open space requirement only applies to multifamily projects
and not mixed use projects. Commissioner Rasmussen shared support for both sides but feels
reinstating the exemption will stimulate economic development, reduce costs, and support more
affordable housing. Commissioner Kelley stated that commissioners in favor of open space should
vote against the motion on the floor and those not in favor of open space should vote in favor of
the motion. Commissioner Johnson stated he thought the amount of open space that would be
required for a project with 10 dwelling units or less will not be a sufficiently usable area. Residents
will meet their open space needs by going elsewhere. Commissioner Johnson agreed with the
concept of focusing development in areas where it fits,but also wants to support infill type projects
that fit.
Commissioner Kelley referenced the planning goals within.Washington State Growth Management
Act and said not supporting the motion aligns with the Growth Management Act. Commissioner
Walton restated that he supports focusing and supporting mixed-use projects in areas designated
2018-09-27 Planning Commission Minutes Page 3 of 3
for mixed use. He pointed out that the City has designated lands for multifamily development, and
there is opportunity for multifamily development in those areas. The Commission should support
regulations that encourage mixed-use projects in the land designated for mixed use and feels the
amendment, as written, provides that support. Commissioner Johnson asked if staff had any
comment.Senior Planner Lori Barlow suggested the Commissioners make a decision and move the
amendment forward. Commissioner Rasmussen ask for clarification on voting on the motion and
whether a subsequent motion could be brought forward. Deputy City Attorney Erik Lamb provided
clarification on voting on the motion and stated that subsequent motions could be made and voted
on.
Chair Rasmussen called the vote and the motion on the floor, which would require multifamily
developments of 10 units or less to provide open space. The vote on this motion was two in favor
and five against with Commissioners Kelley, Kaschmitter, Phillips, Stathos, and Walton dissenting.
Commissioner Walton moved to approve the amendment as presented by staff. Chair Rasmussen
called for the vote with five in favor and two against, Commissioners Johnson and Rasmussen
dissenting. The motion passed.
VIII. GOOD OF THE ORDER: Commissioner Walton congratulated Commissioner Johnson on his
appointment as the City's representative on the Human Rights Commission.
IX. ADJOURNMENT: Commissioner Johnson moved to adjourn the meeting at 6:52 p.m. The vote on.
the motion was unanimous in favor and the motion passed.
(" � , ,t_- (.--, ——L . / ,' ( -
ir
Michelle Rasmussen, Chair Date signed
Mary Moore, Offic ssistant