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PC APPROVED Minutes 07-11-19 Regular Meeting Minutes Spokane Valley Planning Commission Council Chambers—City Hall July 11, 2019 I. Chair Johnson called the meeting to order at 6:00 p.m. II. Commissioners, staff and audience stood for the pledge of allegiance. III. Office Assistant Robin Hutchins called roll and the following members and staff were present: James Johnson Jenny Nickerson, Building Official Danielle Kaschmitter-arrived at 6:10 Erik Lamb, Deputy City Attorney Timothy Kelley Mike Basinger, Economic Development Manager Robert McKinley Lori Barlow, Senior Planner Raymond Friend Karen Kendall, Planner Michelle Rasmussen, absent - excused Matt Walton Robin Hutchins, Office Assistant Hearing no objections, Commissioner Rasmussen was excused from the meeting and Commissioner Kaschmitter was excused for being tardy. IV. AGENDA: Commissioner Walton moved to approve the July 11, 2019 agenda as presented. There was no discussion. The vote on the motion was five in favor, zero opposed, and the motion passed V. MINUTES: Commissioner McKinley moved to approve the June 13, 2019 minutes as written. There was no discussion. The vote on the motion was four in favor, zero opposed, with Commissioner Walton abstaining, and the motion passed. VI. COMMISSION REPORTS: Commissioner Friend stated he is excited and is looking forward to the opportunity. Commissioner Johnson hoped everyone had the opportunity to celebrate our nations birthday. VII. ADMINISTRATIVE REPORT: There was no administrative report. VIII. PUBLIC COMMENT: On any subject which is not on the agenda. There was no public comment. IX. COMMISSION BUSINESS: i. Study Session: STV-2019-0003, a privately initiated street vacation of Broadway Avenue. Planner Karen Kendall presented an overview of the privately initiated street vacation for a portion of the northwest corner of Broadway Avenue and Thierman Road. Ms. Kendall advised the study session is being conducted, the public hearing is scheduled for July 25, 2019 and the findings of fact is scheduled for August 8th, 2019. Ms. Kendall provided background into processing a street vacation advising that staff reviews connectivity, traffic volume, future developments and access to the site. Potential conditions to consider would be preserving utilities in easements and ensuring a timely process. 07-1 1-2019 Planning Commission Minutes Page 2 of 5 Ms. Kendall advised that the applicant's reasons for this request are to improve and maintain the current business uses, traffic signal equipment preservation, allow continued uses associated with businesses to occur in the right of way (ROW) and to correct an inconsistency that represents no physical change to the property. Ms. Kendall explained there are three affected parcels in this area of ROW to be vacated. The area is currently being used for parking, landscaping and daily operations for the adjacent businesses. In 1985 Washington State Department of Transportation (WSDOT) acquired the ROW being discussed, one month later the unused ROW was conveyed back to Spokane County. After it reverted back to Spokane County the ROW was not reconfigured. Since 1985 those ROW's have been continually used by the businesses that have also been paying taxes on the entire property. The City acquired the ROW in 2003 upon incorporation. In 2016 the City conducted a city wide traffic signalization project along Broadway Avenue and this inconsistency was not found at that time. The City has since preserved an easement in the ROW for the traffic signal equipment located on the corner of Broadway Avenue and Thierman Road. The City feels this street vacation would be correcting that error. Commissioner Kelley asked how this process would be affected if there was a change of ownership with the parcels. Ms. Kendall explained the previous owners would need to provide authorization to the new owners in order to operate on their behalf. Commissioner Kelley explained that two parcels on the application changed ownership last month and was concerned with what that might do to the process. Ms. Kendall explained that if the property owners whom paid the fees and made the request are no longer in agreement, or the new owners are not in agreement, this proposal would stop. Ms. Kendall advised she will reach out to the applicant Storhaug Engineering to obtain clarification. Commissioner Johnson asked if there would be any reason to postpone the public hearing. Deputy City Attorney Erik Lamb advised that it would not be recommended to delay the public hearing at this time. Mr. Lamb advised the City will contact the applicant to determine any ownership concerns prior to the public hearing and will advise if any changes are necessary. Commissioner Johnson also asked if there would be any reason to add a right hand turn lane for future use. Ms. Kendall explained there were no future plans mentioned for this intersection. With the site being so close to the 1-90 interchange WSDOT and the City would have to collaborate. The City contacted WSDOT and did not receive any comments. Commissioner Johnson stated he would like to see Public Works comments in writing and also that WSDOT reviewed this proposal and has no comments. Commissioner Walton stated if there was any potential use for this property it would make more sense to hold onto it rather than going through a condemnation process later. Ms. Kendall advised she will follow up and added that in State Law once ROW is vacated it cannot be asked to be vacated back. ii. Study Session: CTA-2018-0006, a privately initiated code text amendment to SVMC 19.40, 19.60 and 19.65 regarding affordable housing and multifamily developments. Senior Planner Lori Barlow explained that this item is not a study session but rather an informational discussion. She continued that this subject has been before the Commission on three prior occasions. A study session was conducted, a public hearing was held and after review the Planning Commission voted unanimously to forward a recommendation of denial to the City Council. The denial recommendation forwarded to the Council included the application materials, staff report, findings of fact and all meeting minutes 07-11-2019 Planning Commission Minutes Page 3 of 5 where this item was discussed. On June 18,2019 the City Council heard the administrative report and determined, after a considerable amount of discussion, the item be returned to the Planning Commission for reconsideration. Ms. Barlow continued to explain that during the June 18, 2019 Council meeting there were multiple items discussed regarding impacts and that the proposal may have been too limiting in areas and should be broadened in other areas. Council felt that with direction this item has merit. Ms. Barlow stated that Mr. Basinger contacted Mr. Mallahan with Catholic Charities and summarized the direction Council provided to staff; to consider limiting the allowed number of units and the allowed density and looking at limits that might focus the housing allowed to senior housing. Mr. Mallahan identified his concerns regarding those particular directives that might impact the viability of a project. Through these discussions it became clear that the best approach is to provide all information to Catholic Charities and ask them to modify their proposed code text amendment and consider the items that council is looking for in limiting the density and focusing on senior housing. Catholic Charities has been asked to modify their proposal and resubmit at which time staff will review the materials and bring it forward to the Planning Commission. The Planning Commission would likely conduct a study session,hold a public hearing and result in a recommendation to the City Council. Commissioner Walton asked how the process of City Council referring the item back to the Planning Commission differs from them denying the CTA and then advising Catholic Charities to resubmit. He explained he is confused by the process in being referred back to the Commission with no action that can be taken and what the Commissions role is. Mr. Lamb advised the Commissions role does not change in providing advisory recommendation to City Council. The Council has the prerogative under code to approve, reject, modify or request additional recommendation by the Planning Commission. In this case Council is looking for Planning Commission input and have asked for the modifications from Catholic Charities. Should this come back, the Commissions role has not changed. Per code the Commission can recommend approval, denial or approval with modifications. Commissioner Friend advised he was surprised that staff only picked two items to address with Catholic Charities. There were multiple items mentioned during the Council meeting especially those regarding this change being in the R-3 zone. He asked if that was discussed with the applicant? Ms. Barlow explained the Comprehensive Plan process versus the current code text amendment process in reference to establishing new zones. Mr. Friend advised he was confused as the Commission would be changing the rules by allowing multifamily in the R-3 zone. Ms. Barlow stated this CTA was consistent with many goals and policies within the Comprehensive Plan. It was also identified that relying on the underlying density it allowed for a concentration of the units and that the underlying density would still be met. Commissioner Johnson asked for clarification as to what was given to the Council for review and if they had received a recording. Ms. Barlow stated that the application, staff report, minutes from the meetings where this item was discussed and the finding of fact recommendation were provided to Council. Council was also given a considerable number of comments received subsequent to the Planning Commission meetings and decision. Commissioner Johnson asked if the Council received a recording of the meetings as two Council members were concerned that the Commission was worried that the item would turn into a low barrier or no barrier situation. He noted that was not discussed at all. It 07-11-2019 Planning Commission Minutes Page 4 of 5 was advised the Council did not receive any recordings. He continued that his concern was that this specific CTA was relevant to one property with City wide implications. Commissioner Johnson clarified that once an amended application is received there will be opportunity for public comment. Ms. Barlow added that the Council has the authority to create additional public comment opportunities. Commissioner Johnson asked if the Commission could recommend an additional public hearing and this was concluded to be the case. Commissioner McKinley stated that Catholic Charities has already come before the Commission on two separate occasions, once several years ago and once again recently. He asked how many times this is going to be brought forward? Mr. Lamb advised that under City Code the Planning Commission is an advisory body and provided an advisory recommendation to City Council. Council has asked for Planning Commissions review of this item again by giving guidance as to what the modifications will include once the amended item is resubmitted, Commissioner Kelley asked what the significance of a City wide proposal and not a site specific proposal was. Mr. Lamb explained that as this item is contemplated, to be aware of potential impacts City wide. Staff has identified a number of locations that could potentially comply with the criteria at this time,but someone could aggregate land in order to provide a project meeting the criteria. At this point there is one project and location that the applicant identified. However, this CTA would allow projects throughout the City not at just one location. This CTA would allow a project to be proposed and would not dictate if that project was approved or disapproved. This decision sets the process for consideration. Commissioner Kelley advised there was only one or two properties City wide that met the criteria, but made it clear that this would have an effect City wide. Commissioner Johnson stated due to this not being a site specific proposal, there will be no public notice mailings to the surrounding properties once resubmitted. Ms. Barlow advised the item would be posted in the newspaper,at the library and on the City's website. She added the neighborhood would need to make a point to follow the item. Commissioner Johnson thanked the applicant for notifying the public during the last process. Commissioner Walton asked that if in the process of this resubmittal the Commission makes substantive changes to the amended proposal, would there be a requirement to hold another public hearing? Mr. Lamb advised that if there are substantial modifications it would require a subsequent public hearing on the modifications. Commissioner Kaschmitter advised she drove through the neighborhood trying to understand how this would work. She understands this would be a City wide amendment, however, as she drove through the neighborhood the street is narrow. She feels as though there should be something stating how many feet a street needs to be with a sidewalk due to the effect on the neighborhood. Ms.Barlow clarified at this point the Commission would be establishing the process through the CTA. If the CTA were to be approved, a proposed project would go through an application process. Staff would look at specific impacts and any improvements that might need to be made. This review would include development standards for streets and building codes, the conditional use process as well as an environmental review. At this point those detailed reviews were not complete as this could be proposed anywhere in the City and not specific to one site. 07-I 1-2019 Planning Commission Minutes Page 5 of 5 X. GOOD OF THE ORDER: Commissioner Friend is excited and hopes to meet the standards expected of him. Commissioner McKinley recognized Senator Mike Padden in the audience and thanked him for his years of service. Commissioner Kaschmitter apologized for being late. Commissioner Johnson advised he is far too young to be a grandfather with a grandson whom is learning to drive. He also advised his grandson Vincent was awarded the National Honor Society. For the record, Chair Johnson advised Commissioner Kaschrnitter arrived at 6:10 P.M. XI. ADJOURNMENT: Commissioner Walton moved to adjourn the meeting at 6: 43 p.m. The vote on the motion was six in favor, zero opposed, and the motion passed. 7/2, James Johnson, Chairman Date signed Robin Hutchins, Secretary