Loading...
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