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PC APPROVED Minutes 01-10-19 Regular Meeting Minutes Spokane Valley Planning Commission Council Chambers—City Hall January 10,2019 I. Chair Rasmussen called the meeting to order at 6:00 p.m. Commissioners,staff and audience stood for the pledge of allegiance. Secretary Deanna Horton took roll and the following members and staff were present: James Johnson Erik Lamb, Deputy City Attorney Danielle Kaschmitter Lori Barlow, Senior Planner Timothy Kelley Jenny Nickerson,Building Official Robert McKinley Chaz Bates,Economic Development Specialist Michael Phillips, absent-excused Michelle Rasmussen Robin Hutchins, Office Assistant Matt Walton Deanna Horton, Secretary to the Commission Hearing no objections, Chair Rasmussen excused Commissioner Phillips from the meeting. II. AGENDA: Commissioner Johnson moved to amend the January 10,2019 agenda. He offered to move exchange the study session for CTA-2018-0005 with the annual public records training in order to accommodate the waiting audience. The vote on the motion was six in favor, zero against, and the motion passed. IIL `MINUTES: Commission Secretary Deanna Horton noted there was a mistake in the October 11,2018 minutes regarding the outcome of a motion. She explained the vote on the motion for the Findings of Fact for CTA-2018-0003 needs to be corrected from five in favor and zero against,to four in favor,one against with Commissioner Rasmussen dissenting. The Findings will also be corrected to reflect this change. Commissioner Walton moved to amended the previously adopted minutes from October 11 to change the outcome of the vote on the Findings of CTA-2018-0003. The vote on this motion was six in favor, zero against, and this motion passed Commissioner Johnson moved to approve the minutes from November 15 and December I3, 2018 as presented. There was no discussion. The vote on this motion was six in favor, zero against and the motion passed. IV. COMMISSION REPORTS: Commissioner Johnson reported he attended the Pines Grade Separation Project meeting on November 13, 2018, the City Council and the Human Rights Task Force meeting on January 8, 2019. V. ADMINISTRATIVE REPORT: Senior Planner Lori Barlow reported the advanced agenda was looking to be very busy for the beginning of the year. She stated the Comprehensive Plan amendments would not be on the agenda until February, due to staff needing more time for review and evaluation of the proposals. VI. PUBLIC COMMENT: There was no public comment. VII. COMMISSION BUSINESS: i. Election of Officers: Ms.Horton informed the Commission that according the rules of procedure, Commissioner Johnson had reached his term limit as Vice Chair and would not be able to be elected to that position again. However; Commissioner Rasmussen had only served one term as Chair. She then accepted nominations for the position of Chair of the Planning Commission. Commissioner Rasmussen and Commissioner Johnson were nominated for the position of chair and both accepted the nomination. The vote on this position was as follows: Commissioner Vote James Johnson Rasmussen Danielle Kaschmitter Rasmussen Timothy Kelley Rasmussen 2019-01-10 Planning Commission Minutes Page 2 of 4 Robert McKinley Johnson Michelle Rasmussen Johnson Matt Walton Johnson With the vote ending in a tie, Commissioner Rasmussen stated she would step aside and allow Commissioner Johnson to take the chair position. Commissioner Johnson stated he would accept this proposal. Commissioner Walton and Commissioner Rasmussen were nominated for the position of vice chair. Commissioner Rasmussen declined the nomination, Commissioner Walton accepted. There was consensus from the entire Commission to accept Commissioner Walton as the vice chair for the 2019 year. ii. Findings of Fact: CTA-2018-0004: A city-initiated amendment to Spokane Valley Municipal Code (SVMC) creating a new chapter 21.60, Centennial Business Park Planned Action Ordinance(PAO) Economic Development Specialist Chaz Bates explained the Findings of Fact reflected the process and decision the Commission had made regarding CTA-2018-0004,the Planned Action Ordinance, Centennial Business Park. Commissioner Johnson moved to approve the Findings of Factfor CTA- 2018-0004. There was no discussion. The vote on the motion was six in favor, zero against and the motion passed iii. Study Session: CTA-2018-0005: A privately initiated amendment to SVMC 19.60.050 Permitted Use Matrix, 19.40.060 Development Standards — Duplexes, and 19.40.050 Development Standards—Cottage Development. Ms. Barlow gave the Commission a presentation explaining the privately initiated code text amendment CTA-2018-0005 which proposes to amend SVMC 19.60.050 Permitted Use Matrix, 19.40.060 Development Standards—Duplex, and 19.40.050 Development Standards— Cottages. She stated that all of the changes relate to the R-3 zoning district only. She continued in the Permitted Use Matrix the amendment proposes to change in the line for Duplexes from a `P' for permitted under the R-3 zoning district to an `S' which would signify that there are additional regulations. On the line for townhomes it would strike the `P,' and make them prohibited in the R-3 zone. In SVMC 19.40.060 Development Standards—Duplexes, language would be added which states `Duplexes shall be limited to one duplex per acre. Duplexes shall have separate parcel numbers per each dwelling unit, be non-adjacent, across the street from or on opposite corner.' Ms.Barlow stated that when planners are looking at the Permitted Use Matrix and see the °S' instead of the P they would then look to this language to see these additional regulations to govern where a duplex could be placed in a development. She said the currently duplexes are allowed in the R-3 and the multifamily zones. The proposal does not ask to change any of the other standards for a duplex. She then showed the Commission how it might look if a development were proposed to have a duplexes and where they could be placed. Commissioner Walton asked what would happen if a developer sold the lots in the plat, and someone wanted to come in and build a duplex on one of the lots,outside of the larger development. Would this be a way to get around the intent of the proposal? Ms. Barlow stated that in the past dedication language has been used but the City is reluctant to use this, because the only way to remove that language should the regulations change in the future would be through another process, There would have to be discussion internally as to how to implement the proposal should it be adopted. She hoped to look at these applications further in the staff report for the public hearing. Commissioner Kelley confirmed that it did not matter who owned the lots, it would only allow one duplex per acre. If the land was divided into four lots, and one person built a duplex, the other three would not be able to do so. Commissioner Rasmussen asked how many parcels of land this would affect. Ms. Barlow stated she did not know,but would try and work to figure it out, but it might not show what is completely under utilized. 2019-01-E 0 Planning Commission Minutes Page 3 of 4 Commissioner Walton asked if there are other jurisdictions had these same types of restrictions. Ms. Barlow said she could Iook to some jurisdictions lying further away from the City, however she had looked the surrounding jurisdictions and did not find any regulations built into those codes which were similar to this. Spokane County had used plats in the past to keep the density to a certain number, which they felt was not an effective way to manage density. In fact, Spokane County was changing their regulations to eliminate barriers in order to make it easier to develop duplexes, and they are increasing the density in some of their urban districts. Commissioner Rasmussen asked how the proposal affected the City's Comprehensive Plan in respect to the Growth Management Plan and capacity to handle population growth. Ms. Barlow stated in theory it should not have any effect, because our density is six units per acre, it does not matter if it is single family homes or duplexes, six structures verses three structures,the density is still six units. Ms. Barlow continued explaining the proposal looks to add language SVMC 19.40.050 (C) whole purchase of any development by one entity in the R-3 zone is prohibited.'This would prohibit a single owner from owning all of a cottage development. Commissioner Walton asked if this would apply to the cottage structure, meaning the entire area developed into cottages or would it apply to the land someone would purchase and create for development into that purpose? Would it be prohibited for a developer to come in, buy the land, develop a cottage development and then sell off the individual cottages as separate pieces? Ms. Barlow said the way the language is written it would prohibit the entire development being owned by a single entity. Someone could own the underlying land and common areas, but individuals would own the separate living structures. This would insure that the cottages would be owner occupied and not a rental community. After Commissioner Kelley tried to clarify how someone could develop a cottage development, Ms. Barlow said she would have to have more discussions with other staff members in order to try and work through this, because as it written this would prohibit a cottage development. Ms. Barlow stated the public hearing for this amendment has been scheduled for January 24,2019. iv. Annual Training: Public Records Act,Open Public Meetings,Appearance of Fairness. Deputy City Attorney Erik Lamb gave the Commission and staff in attendance training on how to handle public records,the Public Records Act, public meetings, and the appearance of fairness, VIII. GOOD OF THE ORDER: Commissioner Johnson stated he would not be able to attend the January 24, 2019 meeting. Commissioner Walton said he would like to reflect on the work the Commission put into CTA-2018- 0003,which was the city initiated amendment regarding open space requirements in mixed use zones. He said he felt like the Commission put in a tremendous amount of work, reflection and it reflects tremendous on this body. Especially when you consider the amount of regarding the subject,the very vague nature of the proposal that City Council submitted to us,in terms of having us look at this subject. I felt we created a very reasoned approach to not only addressing the concern Council brought to us,in the fee-in-lieu of but also in terms of helping to define for future development what mixed use really means. After reviewing the January 8, 2019 City Council video and looking at their decision to go against the Planning Commission, I am personally extremely disappointed in the direction the City Council chose to take. It disregards the hard work the Commission put in that. Each of you individually spent a lot of time, not only addressing the information we had, but in providing guidance to the planners. I just wanted to recognize that again. It is difficult not to take it personally when you have a lot of work you put into something and then have it disregarded by a different body, but in this case, I understand the direction the City Council chose to take, but I very strongly disagree with it. The entire intent of an elected body, as well as a body appointed by that elected body, is to govern on behalf of the people. In terms of what we have seen for public comment, from members of the community showing up at public meetings, and being engaged the public very clearly cares about maintaining the character of Spokane Valley. Simply saying we wish to take government out of actions so we can maintain the maximum amount of freedom, in my view is an abdication of our responsibilities to the community and to the citizens who elected the City Council,who appointed us as a Commission. While I understand the City Council had a role to play,and that role for their own individual sakes meant they 2019-01-10 Planning Commission Minutes Page 4 of 4 had to exercise their conscious to make a decision that went against the Planning Commission. I truly feel the Planning Commission created a legislative action for consideration by the elected individuals which would truly create a situation that was pro-growth and pro-character of Spokane Valley. It would have satisfied both sides of an ongoing and heated discussion that continues and was evident from watching the videos from January 8, 2019 and the meetings previous to that. I wanted to go on the record that I feel the City Council erred in making the decision they did and that this body made the correct determination by explaining what mixed use was and by also basically creating a scenario that allowed both residential and mixed use development while still discouraging the strictly residential that members of the City Council indicated they were not necessarily for, but then voted to affirm that particular stance. Commissioner Rasmussen thanked the Commission members for their support while she chaired the Commission in the last year. IX. ADJOURNMENT: Commissioner Johnson moved to adjourn the meeting at 7:12 p.m. The vote on the motion was unanimous in favor and the motion passed. (LC/Latc_ t-t�-err 1f "' 7 V-1(.1 Michelle Rasmussen, Chair Date signed aCi\-1"-*0 Deanna Horton, Secretary