PC APPROVED Minutes 02-28-19 Regular Meeting Minutes
Spokane Valley Planning Commission
Council Chambers—City Hall
February 28,2019
I. Chair Johnson called the meeting to order at 6:03 p.m.
II. Commissioners, staff and audience stood for the pledge of allegiance.
III. Office Assistant Robin Hutchins took roll and the following members and staff were present:
James Johnson Eric Lamb, Deputy City Attorney
Danielle Kaschmitter Lori Barlow, Senior Planner
Timothy Kelley Karen Kendall, Planner
Robert McKinley Martin Palaniuk, Planner
Michael Phillips, absent - excused Colin Quinn-Hurst,Planner
Michelle Rasmussen Jenny Nickerson, Building Official
Matt Walton Ray Wright, Senior Traffic Engineer
Mike Basinger, Economic Development Manager
Robin Hutchins, Office Assistant
Deanna Horton, Secretary to the Commission
Hearing no objections, Commissioner Phillips was excused from the meeting,
IV. AGENDA: Commissioner Walton moved to approve the February 28, 2019 agenda as
presented. There was no discussion. The vote on the motion was six in favor, zero against, and
the motion passed
V. MINUTES: Commissioner Walton moved to approve the meeting minutes from February 14,
2019 as presented. Commissioner Johnson asked to correct his comment made regarding
reducing up to 600 dwelling units. His intent was to state it could impact 600 dwelling units
as that was a critical point.
The vote on the amended motion was six in favor, zero against and the motion passed
VI. COMMISSION REPORTS: Commissioner Johnson went to the City council meeting and
advised Councilmember Haley commented on the important topics the Commission has
addressed.
VII. ADMINISTRATIVE REPORT: Senior Planner Lori Barlow advised the City has received
a privately initiated Code Text Amendment and will bring forward a City Initiated Code Text
Amendment.
VIII. PUBLIC COMMENT: On any subject which is not on the agenda.
There was no public comment.
IX. COMMISSION BUSINESS:
i. Findings of Facts: CTA-2018-0005, a privately initiated amendment of Spokane
Valley Municipal Code 19.40.050, 19.40.060 and 19.60.050, proposing changes to the
duplex and townhome development standards.
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Senior Planner Lori Barlow summarized that CTA-20I8-0005 has come before the
Commission on several occasions. First being the study sessions, a continued public
hearing and the process ending in deliberations where the Commission voted
unanimously to deny the request. Ms. Barlow explained that the fmdings and
recommendation will be forwarded to the Council for review and their process will also
include public comment for those following the item.
Commissioner Walton moved to forward the Findings of Fact recommendation as
presented to the City Council.
Commissioner Walton stated he recognized the interest and would like to see how the
Council continues to look at the item. Commissioner Walton strongly recommended the
Commission uphold their Findings of Fact. Commissioner Johnson clarified that his
correction to the minutes was extremely important for a number of reasons. He added
that if the Commission would have approved this request it would have impacted
thousands of opportunities for dwelling units to be constructed and was too far reaching.
The vote on the motion was six in favor and zero opposed and the motion passed.
ii. Public Hearing: Proposed 2019 Comprehensive Plan Amendments.
Chair Johnson read the rules of the public hearing and opened the public hearing at 6:14
p.m.
Ms. Barlow reviewed the process and advised that determinations of non-significance had
been issued for all amendments being considered. Should the Commission make it
through to deliberations the Findings of Facts will be considered on March 14, 2019 and
then the recommendations will be forwarded to the Council. Ms. Barlow emphasized the
notice requirements for the amendments. On January 30, 2019 the general notice was
published in the newspaper, a notice was posted on site for those that are site specific and
notices were mailed to property owners within 800 feet as opposed to code requirements
of only 400 feet. Ms. Barlow added that three additional comments have been received
for consideration and will be discussed during the applicable amendment presentation.
Ms. Barlow highlighted procedural recommendations advising that tonight's meeting is
for the Commission to review the materials and to consider public comment. Ms. Barlow
explained that staff will be discussing the City initiated Comprehensive Plan
Amendments collectively. The site specific Comprehensive Plan Amendments will be
presented individually.
a. CPA-2019-0004: A City Initiated Amendment to update implementation
strategies to remove completed strategies, update timelines, and add new
strategies consistent with the goals and policies in the Comprehensive Plan.
CPA-2019-0006: A City Initiated Amendment to Annexation and policy additions.
CPA-2019-0008 A City Initiated Amendment to create a new map appendix of the
most recently adopted maps.
Ms. Barlow introduced Comprehensive Plan amendment CPA-2019-0004. Ms.
Barlow explained that this will modify some strategies in Chapter 2 to refresh some
language and bring it into line with the City's objectives. This will remove strategies
that have been completed, update timelines and modify with new information.
Ms. Barlow continued with CPA-2019-0006 advising that this would modify one
existing Land Use goal and one existing Land Use policy regarding annexation and
will add one additional policy.
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Lastly, Ms. Barlow explained CPA-2019-0008 introduces a new map appendix to the
Comprehensive Plan. The maps are not new to the City but the appendix is new to
the Comprehensive Plan. The appendix will capture the maps and attach them to the
Comprehensive Plan making them more user friendly for public access. Ms. Barlow
concluded that there have been no substantive comments related to any of the
amendments she presented.
There was no public comment.
b. CPA-2019-0005: A City Initiated Amendment to update the pedestrian and
bicycle component of the Transportation Element and related goals and policies.
CPA-2019-0007: A City Initiated Amendment to update Figures 26, 27 and 46 to
reflect changes and amendments to pedestrian and bicycle facility
recommendations. CPA-2019-0010: A City Initiated Amendment to create a new
appendix of transportation project for a 20-year period that is informed by
existing studies.
Transportation Planner Colin Quinn-Hurst introduced Comprehensive Plan
amendment CPA-2019-0005. Mr. Quinn-Hurst explained that this amendment
updates the pedestrian and bicycle components in completing the pathway and trail
network. This will add language to support consideration of a Complete Streets
ordinance. Mr. Quinn-Hurst explained that the bicycle and pedestrian plan was first
established in 2011, and the updates will revise the components to reflect changes in
the network based on current conditions and practicalities. The 2011
recommendations included a network of 156 miles of sidewalk, 38 miles of bike lanes
and 28 miles of new pathways. Mr. Quinn-Hurst explained that with 156 miles at
$600.00 per foot for a new side walk the cost is a substantial amount of money adding
up to half a billion and decades of time.
Mr. Quinn-Hurst stated the City conducted a public involvement process that
included attending community events and an online survey. Through the survey it
was determined that the top priority for improvements was a completed sidewalk
system the second was good pavement, and third was pathway and bikeway
improvements followed by crosswalks. The City administered a technical evaluation
looking at crashes and safety, congestion and travel patterns, to find"hot spots"
where improvements would have the largest impact and they fit in line with public
comment. In conclusion adding text to Chapter 5 would outline these priorities, add
language to support the goal of connecting the pathway network by linking the
Appleway Trail to the Centennial Trail. Lastly this amendment would add language
supporting eventual consideration of a Complete Streets ordinance to leverage
existing funding.
Mr. Quinn-Hurst continued with CPA-2019-0007 advising this proposal is to update
the Sidewalk, Bicycle and School District Maps to reflect completed projects and
updated networks.
Mr. Quinn-Hurst highlighted CPA-2019-0010 advising this amendment will create an
appendix showing a list of 20-year transportation projects. This will be regularly
updated as a resource for vetting and developing our transportation projects to make
them eligible for grant opportunities. Mr. Quinn-Hurst concluded that there have
been no substantive comments related to any amendments he presented.
02-28-2019 Planning Commission Minutes Page 4 of 15
Commissioner Johnson stated he is somewhat disappointed that the Pines Road grade
separation at Trent Avenue is going to take seven years. He hopes there will be a way
to accelerate the schedule to keep within the $29 million budget.
There was no public comment.
c. CPA-2019-00001: A Privately Initiated Amendment to change the Comprehensive
Plan Land Use Designation from Industrial(I) to Single Family Residential(SFR)
and to change the Zoning District from Industrial (I) to Single Family Residential
Urban (R-3).
Planner Karen Kendall introduced CPA-2019-0001 a privately initiated
Comprehensive Plan amendment, located 300 feet south of the intersection of Park
Road and Broadway Avenue. This site-specific Comprehensive Plan Map and Zoning
Map amendment is requesting to change the Comprehensive Plan Land Use
Designation from Industrial (I) to Single Family Residential (SFR) and to change the
Zoning District from Industrial(I) to Single Family.
Ms. Kendall went on to explain the potential incompatibility of rezoning the site to R-
3 from Industrial as it would reduce the allowable uses from a broad range of industrial
uses to single family, duplex, cottages, townhomes, daycares, school and church uses.
The R-3 zone would allow six dwelling units per acre and up to 12 units per acre with
cottage development. Changing the land use designation and zoning of the subject
parcel will impact adjacent industrial properties as future development will be subject
to transitional regulations, limiting ability for full site development. The transitional
standards include greater setbacks, screening requirements and various other
restrictions. Ms. Kendall explained that if approved, the transitional regulations would
apply to any new development on the four parcels adjacent to the subject parcel located
to the west and south. Ms. Kendall went on to explain that two of the surrounding
parcels have had recent activity. One parcel has an active building permit and the other
has gone through a pre-application meeting, both for industrial development.
Ms. Kendall concluded that staff has received standard agency comments with nothing
substantive. Staff has also received three additional public comments and summarized
that the concerns were specific to redevelopment of the adjacent parcels,the industrial
nature of the area and traffic impacts on Park Road. Ms. Kendall concluded that this
amendment is not consistent with the City's Comprehensive Plan.
Commissioners Kelley asked if the property located south east of the parcel will have
little to no impact and it was concluded to be true. Commissioner Kelley also
questioned green zone compliance (transitional regulations) with existing parcels
should this amendment be approved and it was determined that once the lots are
developed they would have to comply with transitional regulations. Commissioner
Johnson discussed the property located at Broadway Avenue and Park Road being
commercial and the transitional impact to those surrounding it should this amendment
be approved or denied. Ms. Kendall explained that it would depend on what zone they
proposed to change to in order to determine what types of impacts would be associated,
if any at all.
Danny Davis, 2780 W lago Street, Post Falls, ID: Mr. Davis gave a presentation to
the Commission and audience. Mr. Davis explained that he is the owner of the Circle
J Mobile Home Park adjacent to the proposed parcel. Mr.Davis described his argument
to be that the current zoning is possibly wrong today. He went on to explain that what
exists today is a beautiful mobile home park consisting of sixty-one low income houses,
02-28-2019 Planning Commission Minutes Page 5 of 15
for seniors fifty-five and over surrounded by Industrial. Mr. Davis detailed the current
uses that are allowable next to these homes to be dog kennels, animal processing,
crematorium and heavy truck industrial sales.Mr. Davis explained that they believe the
zoning has been incorrect since implementation. Mr.Davis continued that his proposal
is in line with the City's Comprehensive Plan such as providing land uses that are
essential to residents and to enable development of affordable housing for all income
levels.
Mr. Davis explained that their plan is to build a fifty-five and over cottage style
development for seniors in turn providing innovative and affordable housing types for
all income levels. Mr.Davis advised they have reached out to their neighbors to discuss
the transitional zoning and understand their concerns. Mr. Davis promised that should
their application be approved they will self-implement the transitional buffers onto their
property as they do not want the thirty-foot buffer to encroach onto their neighbors.
Mr. Davis concluded that a residential rezoning is much more compatible, will remain
in line with the City's Comprehensive Plan's goals and policies, and promised their
neighborhood friendly development plan would not negatively impact the surrounding
properties.
Commissioner Johnson asked Mr. Davis when the Circle J was purchased and what the
zoning of the neighboring parcels were at that time. Mr. Davis advised they purchased
the property six years prior and the zoning was Industrial at the time it was purchased.
Curt Nead, 18582 W Rice Avenue, Howser, ID: Mr. Nead stated he is representing
the Crow family trust for Mr. Jim Crow at 1201 N Evergreen Road. Mr.Nead advised
they share a property line with the subject property and they feel this change would
negatively impact their property when it comes to the setback requirements. Mr. Nead
asked without a plan in place how would the promise by the development be enforced?
Mr. Nead stated their property would be made unattractive to potential buyers and
would take away future opportunities. Mr. Nead concluded that developing a senior
community where access would merge into active Industrial traffic on Park Road would
not be conducive to safety. Mr. Nead stated they agree with staff that this is not in
keeping with the City's goals and policies and believe it should be denied.
Jim Chavez, 15902 E 15th Ave, Spokane Valley, WA: Mr. Chaves read a statement
on behalf of his brother Brian Chaves whom is the property owner at N 630 Park Road
adjacent to the proposed amendment. Mr. Brian Chaves is not in favor of the proposal.
He respectfully requests that the Commission look at the incompatibility issues and
continued that the transitional regulations will be detrimental to his property. Mr.
Chaves notes that the self-imposed regulations can't be promised and he is opposed to
the proposed zoning changes.
Joel Elgee,24327 E Maxwell,Liberty Lake,WA: Mr. Elgee stated he is a proponent
and knows the applicant personally and spoke to his good character. He stated that if
Mr. Davis promises to do something he will. Mr. Elgee added that this proposed site
and the surrounding properties seem to be limited with the current zoning.
d. CPA-2019-0002: A Privately Initiated Amendment to change the Comprehensive
Plan Land Use Designation from Single Family Residential (SFR) to
Neighborhood Commercial (NC) and to change the Zoning District from Single
Family Residential Urban (R-3) to Neighborhood Commercial (NC)
Planner Marty Palaniuk presented CPA-2019-0002, explaining this is a privately
initiated amendment to change the Comprehensive Plan Land Use Designation from
Single Family Residential(SFR)to Neighborhood Commercial(NC)and to change the
02-28-2019 Planning Commission Minutes Page 6 of 15
Zoning District from Single Family Residential Urban (R-3) to Neighborhood
Commercial (NC).
Mr. Palaniuk stated that the property is located at 8th Avenue and Sullivan Road. 8th
Avenue is a minor arterial, and Sullivan Road is a principal arterial with approximately
20,000 vehicle trips per day. This is directly across the street from Central Valley High
School which creates significant traffic. North of the high school there has been
substantial multifamily developments creating significant density. Mr. Palaniuk stated
that this site consists of two properties, one owned by the Genesis Church and one
residence. There is an irrigation district located to the west of the property and a
Bonneville Power Administration (BPA) easement along the east. The BPA easement
encumbers both of the properties along the east boundary and does create some issues.
Mr. Palaniuk explained the intent of the Comprehensive Plan land use designation for
these properties is to have single family residential units. If approved this would change
the land use designation to Neighborhood Commercial, which is intended to provide
neighborhood scaled commercial developments to serve the neighborhoods. Mr.
Palaniuk explained the current zoning of R-3 limits the uses to residential, changing
the zoning would allow several additional uses to include retail, office and convenience
stores. He added the development restrictions to the Neighborhood Commercial zone
would keep the scale of the development to fit into the neighborhood. For example,
height requirements would be the same and setbacks would be designed to be consistent
with the adjacent residential lots. Mr. Palaniuk stated there have been no substantive
comments from staff or public related to this amendment. Mr.Palaniuk concluded that
this proposal is consistent with the City's Comprehensive Plan.
Commissioner Walton asked if other Neighborhood Commercial zones that has been
identified in the Comprehensive Plan had experienced any increase traffic flow or
traffic pattern impacts following redesignation or development? Mr. Palaniuk
explained that the only NC zone which had developed was a coffee/espresso stand
located at 16th Avenue and Sullivan Road and there have been no significant traffic
pattern impacts.
Commissioner Johnson asked Mr. Palaniuk if he was aware of an easement which
would allow 9th Avenue to extend to Progress Road. Mr. Palaniuk stated he was
unaware of any. Commissioner Johnson was concerned that if 9th Avenue was
extended it might impact the homes along 9th Avenue. Commissioner Walton asked
about the residential parcel's access points onto 9th Avenue,one being from the Church
parking lot and another from the daycare. Commissioner Johnson added there would
be nothing to preclude them from adding access to 9th Avenue. It was concluded that
the parcel with the single family residence would be allowed access to Sullivan Road
and 9th Avenue.
Ben Goodmansen-Whipple Consulting Engineers, 21 S Pines Road, Spokane
Valley,WA: Mr. Goodmansen thanked the staff for their work advised they agree with
the Staff Report. Mr. Goodmansen explained they feel this Land Use change is an
appropriate one, not only for the immediate neighborhood but for those to the South.
Mr. Goodmansen explained that the Coffee Espresso Stand on 16th Ave is a good
Neighborhood Commercial development and he pointed out that it is on the "going
home" side of the roadway. He added that they are seeing growth to the South and
commercial access is becoming necessary especially on the "going home" side of the
road. Mr. Goodmansen mentioned the access for the smaller parcel at 910 S Sullivan
Road has two access point, one on 9th Avenue and one on Sullivan Road. Lastly, Mr.
02-28-2019 Planning Commission Minutes Page 7 of 15
Goodmansen mentioned that the property owner Mr. Ford approached members of the
neighborhood to include the church and had positive feedback.
Stephen Ford, 320 S Sullivan Road, Spokane Valley, WA: Mr. Ford advised he is
an attorney and his current office is located at 320 S Sullivan Road where it has become
increasingly commercial which is not needed for the nature of his business. Mr. Ford
purchased the proposed property at 902 S Sullivan Road with intent to put a law office
there. He advised he spoke to the homeowners on 9th Avenue and the cul-de-sac to
discuss the proposal. He stated the response was overwhelmingly supportive.Mr.Ford
explained that he would be creating a nice entry into the neighborhood and separate the
neighbors from Sullivan Road. Currently the main access to 902 S Sullivan Road is
off Sullivan Road with a secondary access off of 9tt'Ave -Avenue both appropriate for
a Law Office. Mr. Ford stated he encourages the Commission to accept the
recommendation.
e. CPA-2019-0003 A Privately Initiated Amendment Comprehensive Plan Land Use
Designation from Single Family Residential (SFR) to Multi Family Residential
(MFR) and to change the Zoning District from Single Family Residential Urban
(R-3) to Multi Family Residential (MFR)
Mr. Palaniuk presented CPA-2019-0003, a privately initiated amendment to change
the Comprehensive Plan Land Use Designation from Single Family Residential (SFR)
to Multifamily Residential (MFR) and to change the Zoning District from Single
Family Residential Urban (R-3) to Multifamily Residential (MFR). Mr. Palaniuk
stated the property is located near the Mullan/Argonne Road corridor. Both roads are
principal arterials that are heavily traveled. Mr. Palaniuk added that the corridor is
mostly commercial uses, with a large retail center located northeast of the site. Mr.
Palaniuk continued that this site is situated on the northwest corner of Sinto Avenue
and Marguerite Road within an older neighborhood. The site is a single parcel with
two duplexes and a single family home constructed on site. Current regulations would
not permit the numerous dwellings on one lot.
Mr. Palaniuk continued explaining the current uses which are adjacent to the site and
are commercial. The intent of this amendment is to change the current land use
designation of Single Family Residential to Multifamily Residential. The change
would allow multifamily development and low impact commercial development, and
would change the zoning regulations significantly. The density would allow additional
units. Mr. Palaniuk added currently the Single Family Residential allows a density of
up to six units per acre, multifamily would allow up to 22 units per acre. However; on
this site the size would be limited to a maximum of 20 units, if the existing buildings
were to be raised and multifamily was undertaken 20 units would be the maximum
allowed. Mr. Palaniuk continued adding that the most significant change would be
increasing the height requirements from 35 feet to 50 feet, and the setback
requirements. Mr. Palaniuk stated staff did not receive any agency comments. Mr.
Palaniuk stated there has been one public comment received, and they are opposed to
the change. Mr. Palaniuk concluded that this proposal is consistent with the City's
Comprehensive Plan.
Commissioner Kelley asked for clarification that a multifamily zone has to be adjacent
to a higher intensity right-of-way or like zone, and can be separated by right of way?
Mr. Palaniuk explained that this being an area wide amendment and not a site specific
rezone, it does not have to meet that criteria. It was also clarified that the Commercial
zone across the public right of way would meet the criteria of a higher intensive zone
district.
02-28-2019 Planning Commission Minutes Page 8 of 15
Commissioner Walton added that with this being part of the Comprehensive Plan
process even though it is applying to a specific parcel that requirement is not necessary
even though this does border a higher use zone. Walton discussed the future
opportunity created if this were rezoned as multifamily since it would allow similar
rezoning of surrounding properties, or would those properties be required to apply for
a Comprehensive Plan Amendment. It was clarified that they would have to apply for
a Comprehensive Plan amendment. Deputy City Attorney Eric Lamb advised that the
staff report identifies the code requirements for Comprehensive Plan approval by
looking at consistency with the Comprehensive Plan as well as substantial relation to
public safety and welfare. The surrounding area plays into a lot of those points but is
not necessarily a check box at this point in time.
Commissioner Rasmussen asked if the owner of the parcel is seeking to subdivide the
property into four different lots and read the application stating such. Ms. Barlow
explained that they may have identified that specific language however if this is
approved there is nothing binding them to do exactly what is written, the plan could
change to include multiple options. Mr. Palaniuk explained that a pre-application
meeting was done and those details were listed but it can change. Mr. Palaniuk stated
that in changing this to Multifamily zoning it would be more advantageous for them to
subdivide the property to have the smaller lot sizes. Mr. Palaniuk added that it could
be subdivided now under the Single Family Residential zoning,however the lots would
have to be bigger and the duplex lots would have to be 10,000 square feet versus 4,000
square feet under the Multifamily zoning. Commissioner Walton asked what the total
size of the lot was, and it was noted to be just under an acre.
Commissioner Johnson asked for confirmation that they can have parking in the
transitional area as long as it has appropriate screening. Mr. Palaniuk stated if this
develops as Multifamily that is correct.
Joel Elgee, 24327 E Maxwell, Liberty Lake, WA: Mr. Elgee stated he was
appreciative of Staff's recommendation and thanked them for their work. Mr. Elgee
stated after looking at the current uses his intent would be in keeping with the City's
Comprehensive Plan by providing affordable house opportunities. He continued that
the intent of the owner is not to tear anything down and build new as that would not
make financial sense. He explained they would keep the existing and would possibly
build an eight to ten-unit apartment type structure with access off of Sinto Avenue or
Marguerite Road. Mr. Elgee added that this would provide public improvements to the
streets as well.
Commissioner Kelley asked the applicant if he was familiar with the current vacancy
rates in the Valley? Mr. Elgee advised that depending on the unit size generally they
are around three percent. Commissioner Kelley confirmed that five percent is
considered full occupancy. Mr. Elgee stated that up to four or five years ago the area
was at 10 percent vacancy. With this being a small project this would add to that
vacancy rate where it's needed.
Michael Porter, 8919 E Boone Avenue, Spokane Valley, WA: Mr. Porter stated he
and his family has lived in the area for 20 plus years and traffic is increasing on both
Sinto Avenue and Marguerite Road. Mr. Ported stated the neighbors will have
problems with parking as the streets are narrow and stated he is not in favor of the
proposal.
Mae Greenwood, 8802 E Boone Avenue, Spokane Valley, WA: Ms. Greenwood
thanked the Commission for the opportunity to speak. Ms. Greenwood is concerned
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with safety, traffic impacts and the on street and off street parking. Ms. Greenwood
stated the neither Sinto Avenue or Marguerite Road are arterials and there is no clear
access to the businesses. Ms. Greenwood thanked Mr. Palaniuk for mentioning her
comment adding that the public does not know how to comment as access isn't always
apparent. Ms. Greenwood stated she is opposed to this proposal.
John Rohrback, 8722 E Sinto Avenue, Spokane Valley, WA: Mr. Rohrback stated
his property is adjacent to the proposed site and his concern is with the size of the
building and the appearance of the neighborhood. He is also concerned with parking,
traffic and and safety of those walking the streets. Mr. Rohrback mentioned concerns
with a driveway coming from S into Avenue. Mr. Rohrback asked that if this is
approved the units be kept to a bare minimum to help with parking and traffic issues.
Jolene McGuire 8810 E Sinto Avenue, Spokane Valley, WA: Ms. McGuire spoke
about the conflicting information as to what is going to be constructed and gave
examples of proposed developments. Ms. McGuire is worried about access due to the
corner of Sinto Avenue and Marguerite Road being a hazardous corner and is also
concerned with parking. She is also concerned for her privacy in her home as being
looked in upon with the height requirement changes. Ms. McGuire asked for more
clarification as to what is being proposed as there are too many safety issues and she is
opposed to the proposal.
Daniel Harrington, 8817 E Sinto Avenue, Spokane Valley,WA: Mr. Harrington is
opposed to the proposal and is concerned for the safety of the children in the area as
there are no sidewalks and kids play in the street. Mr. Harrington stated this would
also take away his neighbors model airplane landing strip and the deer would no longer
visit. Mr. Harrington stated this would not be in keeping with the character of the
neighborhood. He is not in favor and asked the Commission to keep the neighborhood
safe.
Commissioner Johnson asked Mr. Palaniuk what kind of improvements would be
required if they were to put a 20-unit development? Mr. Palaniuk advised they would
have to provide sidewalks, a swale, curb and gutter along Marguerite Road and Sinto
Avenue. There was some discussion regarding dimensions for the street and sidewalk
improvements.
Commissioner Walton asked if under the current R-3 zoning would allow the parcel to
be subdivided into eight separate lots at 5,000 square feet minimum? Mr. Palaniuk
advised the City would apply the density standard which would allow six units per acre,
if changed to Multifamily it would allow for 20 units based on the size of the lot if the
two duplexes and single family were removed from the property. Commissioner
Kaschmitter asked that if sidewalks were required would it encroach onto the properties
along Marguerite Road? It was concluded that all of the improvements would be along
the frontage of the proposed site and no other properties would lose any frontage,
Commissioner Johnson asked for clarification regarding changing the zoning when no
other multifamily was contiguous to the subject parcel. Ms. Barlow explained that this
can be considered regardless, because it is a Comprehensive Plan amendment, not a
rezone, however if the City were looking at it via the rezoning criteria this would have
to be adjacent or contiguous to a property zoned of equal or higher intensity. In this
case the commercial property across the right-of-way to the east is a higher intensity
use.
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j. CPA-2019-0009: A City Initiated Amendment Proposal to change
Comprehensive Plan land use designation and zoning district from Multifamily
Residential (MFR) to Corridor Mixed Use (CMU).
Planner Karen Kendall introduced CPA-2019-0009 a City initiated Comprehensive
Plan to change the land use designation and zoning district from Multifamily
Residential to Corridor Mixed Use. Ms. Kendall explained the property involved is
18.7 acres and includes 12 parcels of land north of Mission Avenue between
McDonald Road on the west and Mamer Road to the east. Ms. Kendall explained
that there is a 150-foot-wide Bonneville Power Administration (BPA) easement
crossing the properties and noted that the properties were largely developed as the
Whimsical Pig with other various owners and uses. Ms. Kendall went on to explain
the surrounding uses of the site include single family residence,multifamily,
professional offices, assisted living and retail. The intent of the Comprehensive Plan
land use designation is to provide land that will allow light manufacturing, retail,
multifamily and offices along transpiration corridors - the uses in the area currently fit
the intent. Ms. Kendall explained that should this change occur;the amendment area
would be allowed to further develop consistently with the adjacent land uses. Ms.
Kendall continued that the zone change would allow uses that align with the intent of
the Comprehensive Plan along the major transportation corridor being Mission
Avenue. Ms. Kendall concluded that there is limited development opportunity for
these properties. This proposal would allow development along the corridor
consistent with the corridor and would not create any nonconforming use with the
change.
The Corridor Mixed Use designation has no height limitations; in comparison the
current Multifamily Residential zone is limed to 50 feet in height. However, there are
not many buildings that currently push or exceed the 50-foot height limit. Ms.
Kendall added the Corridor Mixed use has no density limits and the change may
allow an increase in the density from 22 dwelling units per acre to no limit however
this is not likely due to building placement, parking and landscaping. Ms. Kendall
advised staff has received no public comment. Staff has however received one
agency comment from Washington State Department of Transportation asking for
additional transportation information. Ms. Kendal stated the City's traffic engineer
provided a Trip Generation and Distribution letter concluding there is adequate
capacity. Ms. Kendall concluded that the amendment would make the location
consistent with the surrounding area and is consistent with the Comprehensive Plan.
Commissioner Johnson asked for an explanation on the voluntary impact fee
mentioned in the transportation report. Senior Traffic Engineer Ray Wright
explained that in working with developers and consultants the City has created the
Mirabeau Subarea Plan. The intent of this plan was to look at existing conditions of
the streets, what developments might occur within the zoning of each and expected
traffic impacts. Mr. Wright explained that within the Mirabeau Subarea Plan there is a
fee associated with the specific amount of trips needed to complete the analysis.
Mr. Lamb clarified that impact fees have not been adopted under the Growth
Management Act. These fees are technically mitigation fees similar to those
identified in the Planned Action Ordinance for the northeast industrial area. As part
of environmental review, developers are required to complete the traffic analysis.
Similarly, with the Mirabeau Subarea Plan there has been an agreement as to what
project may be coming and provide some certainly for the cost of those trips.
Developers are allowed to enter into this Subarea Plan voluntarily. Mr. Lamb added
02-28-2019 Planning Commission Minutes Page 11 of 15
that Washington State Department of Transportation wanted to clarify if the parcels
were changed to Corridor Mixed Use that the City has sufficient capacity. We
reviewed the proposal and concluded that we do.
Commissioner Walton asked what the maximum impact of this property would be if
developed at its maximum potential, then would the traffic analysis bear out or would
there need to be additional improvements. Mr. Wright stated they did consider that
possibility as this is a large piece of property. Mr. Wright stated that if this were
converted to a hospital that it would increase the trips considerably, and that
professional judgement was used to determine what can be supported.
Commissioner Kelley clarified that Mr. Wright reviewed the amount of traffic which
he expects new development to generate.
Ms. Barlow explained that the initial answer that staff was looking for was whether or
not there was capacity, and that has been addressed through analysis with Washington
State Department of Transportation. Future impacts from development will be under
discussion with the City and Washington State Department of Transportation,
however that would not be provided to the Commission as part of the current process.
Sharon Janson-13607 E Mission Ave, Spokane Valley,WA: Ms. Janson explained
that there is a lot of uncertainty and she is not sure as to what can be built. She
explained that her property includes the irrigation ditch, and she isn't sure what would
happen to her property.
Chair Johnson closed the public hearing at 8:13 PM
After a detailed discussion it was concluded that all City Initiated Code Text
Amendments CPA-2019-0004, CPA-2019-0006, CPA-2019-0008, CPA-2019-0005,
CPA-2019-0007 and CPA-2019-0010 would be combined as a collective motion and
vote.
Commissioner Walton moved to approve all six City Initiated Code Text Amendments
CPA-2019-0004, CPA-2019-0005, CPA-2019-0006, CPA-2019-0007, CPA-2019-
0008 and CPA-2019-0010 as presented by the City.
Commissioner Walton thanked the Staff for their work on each amendment.
Commissioner Johnson concurred.
The vote on the motion was six in favor and zero opposed and the motion passed
CPA-2019-0001 Commissioner Johnson stated he knows a party involved and recused
himself from deliberation. He passed the gavel to Commissioner Walton and left the
room.
Commissioner Kelley thanked the applicant, Danny Davis, for his enthusiasm and the
work he had done. Commissioner Kelley continued that he would be voting against the
proposal as he agreed with land owners. Commissioner Rasmussen advised she had
driven the location to familiarize herself with the area. Her concern is the Industrial
environment along Park Road. Commissioner Rasmussen added that she is a proponent
of Cottages and alternative housing types, however she is concerned for the properties
adjacent and will be voting against. Commissioner McKinley stated he was torn on the
proposal and feels that if it were developed as proposed it would provide needed
additional low income housing for seniors. However, the area is Industrial.
Commissioner Kaschmitter explained that she sees both sides with the need for senior
housing and the need for Industrial. She feels that with the current zoning of Industrial
it should be left as such,adding that it is harder to rezone to Industrial. After considering
02-28-2019 Planning Commission Minutes Page 12 of 15
public comment and the difficulty to enforce the promise related to buffers she is
opposed to the proposal. Commissioner Walton discussed blending uses and explained
that his concern is the impact to the surrounding properties. He applauded the
applicant's creativity in self-imposing the setbacks however it would not alleviate all
setback requirements to the Industrial lots. Commissioner Walton concluded that there
is existing Industrial infrastructure on a large portion of the mobile home park to the
south and also mentioned the current application and permits. Commissioner Walton
stated he will be voting against the proposal following City recommendations.
Commissioner Kelley moved to deny CPA-2019-0001 as presented. There was no
discussion.
The vote on the motion was five in favor and zero opposed and the motion passed.
Commissioner Johnson returned at 8.28 PM
CPA-2019-0002- Commissioner Johnson commented that this is almost what they
wrote the Land Use into the code for, adding that with the light there and the traffic,the
neighborhood commercial expansions are perfect for what the Commission had
intended. Commissioner Kelley commented on the "going home" side of the street and
how important that was; and that the City does need development here. Commissioner
Walton stated he sees this as being in line with the Comprehensive Plan. He added that
his only reservation would be to encourage crosswalk and signage should this be
developed to prevent vehicle verses pedestrian interactions. Commissioner Walton
concluded that he is in favor. Commissioner Rasmussen agreed that this is a good use
and thanked the applicant for reaching out to the neighbors. Commissioner Kaschmitter
stated she is in support of the proposal and thanked the applicant for speaking with the
neighbors. Commissioner McKinley stated he is in support.
Commissioner Walton moved to approve CPA-2019-0002 as presented. There was no
discussion.
The vote on the motion was six in favor and zero opposed and the motion passed
CPA-2019-0003 Commissioner Kelley stated he is sympathetic to public comments
related to safety. He added that should this be developed there will be curbs and
sidewalks that will help in regards to safety keeping people and children off of the street.
Commissioner Kelley stated he is in favor of the proposal. Commissioner Walton stated
he will be opposing the amendment. He stated there will be sidewalk and swales,
however, they will end without connections, causing safety concerns. Commissioner
Walton continued that if approved he feels it would be creating an island for additional
Multifamily residential applications moving forward, creating higher uses in an area
that does not have infrastructure that supports this kind of development. Commissioner
Walton thanked the applicant for their ideas, is respectful of the idea for additional
affordable housing, concluding that he will be voting no on this proposal.
Commissioner Kaschmitter agreed with Commissioner Walton and his comments
regarding the sidewalks adding that there would be access and parking issues and will
not be supporting the proposal. Commissioner McKinley stated he did not believe he
would be supporting the proposal. Commissioner Rasmussen stated she was on the
fence adding that she drove the site and is familiar with the road. She added that the
area has several sections of duplexes and some commercial toward the end of Mission
Avenue. Commissioner Rasmussen stated the environment does fit the proposal and
will be voting in favor. Commissioner Rasmussen added that she understands the
neighbors' concerns adding that the lots are large and there should be ample space for
02-28-2019 Planning Commission Minutes Page 13 of 15
parking. Commissioner Johnson also drove the area several times mentioning that there
is a large amount of open space to the back of the properties that does not appear to be
well used. Commission. Johnson reiterated that his argument for having a medium
density zoning and land use as this would be perfect for row houses. Commissioner
Johnson stated that this may be starting a slippery slope if this is approved, however he
feels that the owners of the properties will find an increase in property value that will
allow them to move to an area that provides the type of life they are looking for. He
continued that he feels this change is appropriate and will be voting in favor adding that
once this is under development there will be infrastructure improvements that will have
to be made. Commissioner Walton stated he considered the existing non-conforming
uses trying to divide the lot as it exists under the current zoning and determined it could
be done. Commissioner Walton spoke about lot sizes and duplex units and densities in
order to conform. Commissioner Walton added if zoned Multifamily he understands
the concerns from the homeowners. Commissioner Walton has concerns about access
and does not feel like this is the right time for this application and will be voting against.
Commissioner Johnson stated that when you look at the area as a whole it lends more
to a Multifamily zone. Commission Kelley spoke about the vacancy rates being unheard
of at three percent. Adding that this is a great location with access to bus service,
restaurants and retail. Commissioner Walton pointed out that he sees there is a flaw in
the thought process for the evening. Adding that should this be developed in the future
there would be sidewalk improvements providing access to bus routes however at
present the sidewalks would go nowhere. Commissioner Walton stated that he feels
creating this one small area hoping for more to follow is potentially poor foresight on
the part of the Commission. Commissioner Kelley asked for clarification from
Commissioner Walton regarding his stance on Multifamily and it was concluded that
Commissioner Walton is not opposed to Multifamily but feels this proposal would
provide a "base property" that may create additional adjoining properties.
Commissioner Walton concluded that right now the commission is looking at creating
higher occupancy for a single property that creates a non-conforming usage in this area.
Commissioner Kelley spoke about sidewalks stating that currently there are no
sidewalks and the addition of them would be a plus.
Commissioner Kelley moved to approve CPA-2019-0003 as presented.
The vote on the motion by a showing of hands was three in favor and three opposed.
Secretary Deanna Horton highlighted procedural voting requirements that a
Comprehensive Plan amendment recommendation can only be moved forward with a
vote of four. It was concluded that another motion be made with a hope for a fourth or
this moves forward with no recommendation.
Commissioner Kelley moved to approve CPA-2019-0003 as presented.
The vote on the motion by a showing of hands was three in favor and three opposed the
motion fails and amendment moves forward with no recommendation.
CPA-2019-0009 Commissioner Walton stated he is torn as all uses conform with the
existing Multifamily Residential and is unsure as to what this change would do to future
intent. He spoke about the maximum potential development for a rezone not just the
current zone and spoke about traffic flow and access to the hospital, Commissioner
Walton stated he is opposed at this time due to future potential. Commissioner
Rasmussen asked for clarification in regards to a property addressed during public
comment and if the property is within two zones. Ms. Kendall explained that the
property is directly on the corner of Mauler Road and Mission Avenue or is one of the
02-28-2019 Planning Commission Minutes Page 14 of 15
four single family residences. Ms. Kendall provided clarification by using the map and
stated that the property does span across the irrigation canal. Commissioner Johnson
asked if all property to the north are Corridor Mixed Use and it was determined to be
true.
Commissioner Kelley moved to extend the meeting to 9:15 PM
The vote on the motion was six in favor and zero opposed and the motion passed
Commissioner Kelley agreed with Commissioner Walton's concerns however, he is in
favor. Commissioner Kelley continued that he sees a lot of potential for development
with great access to Pines Road, Evergreen Road and Sullivan Road. Commissioner
Kelley added he does not believe traffic would inhibit the hospital. Commissioner
Kaschmitter stated she is on the fence. She sees the potential and also sees what is
existing and that it's working as is. Commissioner McKinley isn't sure why the change
is needed and is not in favor. Commissioner Kaschmitter added something to consider
would be changes in taxes should this be approved. Commissioner Rasmussen stated
that this ties in with the Comprehensive Plan's goals and mission in bringing
development and jobs. Commissioner Rasmussen added that she drove the area and this
proposal fits, adding that this being a City initiated amendment this will pave the way
for future development. Commissioner Rasmussen spoke on the transportation issue
that once a development is proposed it will be reviewed concluding she will be voting
for this proposal. Commissioner Johnson stated he also drove this area and spoke about
the expandable area for additional parking and access. He saw several units on the
ground floor that could be used for medical offices and sees benefit. Commissioner
Johnson added that should this be redeveloped it is exactly what the hope was.
Commissioner Johnson stated in his opinion this would be a benefit to the City and is
in favor. Commissioner Walton is in support of the proposal and sees great potential
for mixed use opportunities. Commissioner Walton added that the use does conform
with the adjoining uses. He continued he does have concern that access on Mission
Avenue is not very good, however he feels most of the traffic would feed toward Pines
Road if redeveloped and is in support. Commissioner Johnson added that should this
be developed into medical offices that use would not be during rush hour and would be
spread out throughout the day and does not see added traffic being an issue.
Commissioner Johnson conclude that he is sympathetic to single family homes and feels
that the residents will be in a good situation to sell their property and move to a much
more single family type of environment.
Commissioner Walton moved to approve CPA-2019-0003 as presented by the City.
The vote on the motion was five in favor and one opposed and the motion passed.
Commissioner Kaschmitter expressed her concern about apartments being moved
somewhere else in the valley deeper into an R-3 zone.
X. GOOD OF THE ORDER: Commissioner McKinley stated he will not be attending
the next meeting due to work conflict. Commissioner Walton thanked the public for
their comment. Commissioners Johnson apologized to the commission for CPA-2019-
0001 as he did not realize until public testimony that he had a business relationship with
one of the neighboring owners. He could have remained impartial,however perception
was more important and recused himself. Commissioner Kelley stated that if
Commissioner Johnson felt he could have been impartial he could have stayed. Ms.
Barlow noted that with Commissioners Phillips and McKinley being absent at the next
meeting and Commissioner Johnson recusing himself, that due to voting requirements
we may be in a position to move the Findings to the next meeting. Commissioner
02-28-2019 Planning Commission Minutes Page 15 of 15
Walton asked for procedural clarifications pertaining to the voting requirements with
the absentees and Commissioner Johnson recusing himself. Mr. Lamb stated that this is
a written recommendation from the Planning Commission and is memorialized as part
of the vote. It was concluded that under the rules of order that at least four votes are
needed to move a Comprehensive Plan amendment forward.
XI. ADJOURNMENT: Commissioner McKinley moved to adjourn the meeting at 9:13 p.m. The
vote on the motion was unanimous in favor, zero against, and the motion passed.
c/ 9
James Johnson, Chairman Date signed
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Robin Hutchins, Secretary