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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. 02-28-2019 Planning Commission Minutes Page 2 of 15 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. 02-28-2019 Planning Commission Minutes Page 3 of 15 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 02-28-2019 Planning Commission Minutes Page 9 of 15 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. 02-28-2019 Planning Commission Minutes Page 10 of 15 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 444jk (tAdt Robin Hutchins, Secretary