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PC APPROVED Minutes 12-12-19 Regular Meeting Minutes Spokane Valley Planning Commission Council Chambers—City Hall December 12, 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. Assistant Robin Holt called roll and the following members and staff were present: James Johnson Jenny Nickerson, Building Official Danielle Kaschmitter—late excused Cary Driskell, City Attorney Timothy Kelley Lori Barlow, Senior Planner Robert McKinley Raymond Friend Michelle Rasmussen Deanna Horton, Administrative Assistant Matt Walton Robin Holt, Administrative Assistant Hearing no objections Commissioner Kaschmitter was excused and arrived at 6:06 p.m. IV. AGENDA: Commissioner Walton moved to approve the December 12, 2019 agenda as written. There was no discussion. The vote on the motion was seven in favor, zero opposed, and the motion passed. V. MINUTES: Commissioner Walton moved to approve the November 14, 2019 minutes as written. There was no discussion. The vote on the motion was seven in favor, zero opposed, and the motion passed. VI. COMMISSION REPORTS: Commissioner Johnson reported he attended an auction at the Temple Beth Shalom on November 16, 2019; on November 18, 2019 he attended the NAACP general meeting; on November 6, 2019 he attended the City Council meeting and thanked Council Member Wood for his service; on November 3, 2019 he attended a joint meeting between Spokane Human Rights Task Force and the Spokane Human Rights Commission related to the planning of an awards banquet; November 4, 2019 he attended the Spokane Human Rights Commission meeting related to developing an office of Civil Rights and December 10, 2019 he attended the Spokane County Human Rights Task Force regular meeting. VII. ADMINISTRATIVE REPORT: There was no administrative report. VIII. PUBLIC COMMENT: Sheri Robinson, City of Spokane Valley; Ms. Robinson asked the Commission to revisit a code change related to multifamily housing in providing green space for playgrounds and pools. She spoke about millennials and retirees wanting higher walkability scores. She spoke about the concerns related to multifamily housing being located in the residential zones adding that multifamily housing needs to be near services and transportation. She also asked the Commission to entertain a crosswalk at 22"a Avenue and University Road near Bowdish Junior High. She explained the middle school students cross there and it is unsafe, she gave several examples to include a fatality. IX. COMMISSION BUSINESS: i. Findings of Fact: CTA-2019-0003, a proposed amendment to SVMC 22.110.0 Signs- Aesthetic corridors. 12-12-2019 Planning Commission Minutes Page 2 of 4 Senior Planner Lori Barlow provided background into the proposed amendment CTA- 2019-0003, allowing wall signs in the aesthetic corridors. Ms. Barlow explained that the findings of fact formalize the process and decisions the Commission has made. Ms. Barlow advised this item has been before the Commission on two prior occasions. The Planning Commission held a public hearing and conducted deliberations on October 24, 2019 voting four to zero forwarding a recommendation of approval to City Council. Commissioner Walton moved to approve Findings of Fact CTA-2019-0003 as presented. There was no discussion. The vote on the motion was seven in favor, zero opposed, and the motion passed. ii. Public Hearing: CTA-2019-0004, a proposed amendment to Spokane Valley Municipal Code (SVMC) 22.70.020 Fencing, fence heights in residential zones. Chair Johnson opened the public hearing at 6:12 p.m. Ms. Nickerson provided a brief background and presentation related to fence height regulations in the residential zones. Ms.Nickerson explained this item has been before the Commission on multiple occasions for discussion and review. A Study Session was held on November 14, 2019 and tonight the Public Hearing. Ms. Nickerson addressed the suggested language related to an increase fence height for multifamily use through an administrative exception discussed during the last meeting. She continued, SVMC 22.70.020 section (c) now states that an administrative exception may be granted for a fence of more than six feet in height, but no more than eight feet in height, with a permitted non-residential or 111u 1 i 1 l%u n 1 use in a residential zoning district. There was some discussion regarding residential and non-residential fence heights related to electric fence components. It was conclude those details would be addressed through an administrative exception as listed in code. Chair Johnson closed the public hearing at 6:16 p.m. Commissioner Walton moved to approve CTA-2019-0004 as presented. There was no discussion. The vote on the motion was seven in favor, zero opposed, and the motion passed. iii. Study Session: STV-2019-0005, a proposed street vacation of portions of 12th and 13th Avenues, the alley between 12(1' and 13th Avenues and Chronicle Road. Ms. Barlow provided a presentation outlining the privately initiated street vacation for portions of 12th and 13111 Avenues and the alleyway in-between as well as a portion of Chronicle Road. Ms. Barlow explained this request is in the southwest portion of the City near the intersection of 12th Avenue and Carnahan Road. The area to be vacated is surrounded by residential development to the south and vacant or developing properties to the northeast and northwest. Ms. Barlow noted the proposed area does cross over a waterbody that was created by previous mining activities. Ms. Barlow provided procedural overview advising the Planning Commission is currently conducting the study session. The public hearing will be held on January 9, 2020 and the formalization of the Commission's decision will be held on January 23, 2020 with the Findings of Fact. Ms. Barlow advised that in processing a street vacation staff reviews connectivity, traffic volume, future developments and access. Potential conditions to consider would be utility and easement access, removal of the portion of the street or streets vacated and design or construction improvements. 12-12-2019 Planning Commission Minutes Page 3 of 4 Ms. Barlow explained the applicant feels the site is unconstructible and this vacation would allow for full development. The alleys are no longer required for public use or access and the on-site wetlands interfere with the construction of 13111 Avenue. Ms. Barlow provided an aerial view of the critical areas relative to the site. The unimproved portions of 12th and 13th Avenues and Chronical Road are within the City's floodplain area and a wetland. Ms. Barlow explained the request is to vacate 500 feet of Chronical Street at a full width right-of-way of 60 feet wide. 385 feet of 13th Avenue also at a full width ROW. Lastly, 12 feet of alleyway between 12th and 13th Avenues and 385 feet of 12th Avenue at a half width ROW of 30 feet. Ms. Barlow detailed potential issues explaining that adjacent properties need access for future development, as the proposed area is zones R-3. If Chronicle Road were to be vacated the two adjacent parcels would be land locked. The other potential issues would be the storm water system. The stormwater system is not within an easement, it would need to either be moved or have an easement. The City has been working with the property owner to resolve the potential issues with several options. Commissioner Kelley confirmed the applicant owns both sides of the roads to be vacated. The applicant also has a purchase sale agreement on the property immediately to the north. Commissioner Johnson asked what direction the storm drain flows. There was a lengthy discussion related to the direction of flow and the problems the system currently has and has had. The current storm water system is a private system that the City contributes to. City Attorney Cary Driskel explained that the system does run south to north and makes its' way onto the property owned by the Conservation District. The City's storm water division have been speaking with the Conservation District related to obtaining an easement. In addition, not only city or public waters are contributing to this storm water. There are a number of sources contributing including seepage from under the ground. There was also some discussion related to the site not have an exclusive water service district. Commissioner Johnson asked about compensation and it was determined that once council makes a decision and should compensation be required, it would be determined by resolution. Commissioner Walton asked Ms. Barlow to provide what the maximum allowed dwelling units are currently and what would be allowed if the streets were vacated. Ms. Barlow advised she will have the details requested, but added that there should not be a gain as there will still have to be access provided. The property that would be most affected is currently zoned R-3,which is six dwelling units per acre. Commissioner Johnson asked if the floodplain and the wetland would be included in the available property within the calculations. Ms. Barlow stated that in theory the wetland could not be developed however, the floodplain could be developed as long as it met the standards. iv. Study Session: Updating Planning Commission Rules of Procedure. Ms. Nickerson introduced the subject of the Planning Commission Rules of Procedure (ROP) and provided background into the discussions from the six previous visits related to this topic. The Commissioners were provided a clean and a redline version of the ROP to date. Commissioner Kelley spoke to the voting section; he explained it used to read: "four affirmative votes must be cast for comprehensive plans or the election of officers". The language related to the election of officers was redlined, he asked when and why that was changed. Administrative Assistant Deanna Horton explained that after the last meeting she added Section(c)Election of officers;that states: "Each Chair and Vice Chair must receive 12-12-2019 Planning Commission Minutes Page 4 of 4 four affirmative votes in order to be elected". She continued to explain the Comprehensive Plan votes Section (b) and Election of Officer votes Section (c) have been separated. There was a lengthy discussion related to what a majority vote constitutes, four votes or the majority of the Commissioners appointed? Commissioner Johnson advised there was a discrepancy in the language and multiple sections. Mr. Driskel advised the language should be consistent in all sections related to voting. The language should read: "by majority vote of the membership of the Commission". Commissioner Johnson addressed the language related to votes being taken by paper ballot changing from "shall be taken" to "may be taken". It was determined the language states "may be taken" to allow for flexibility by the Commission and to alleviate public records request concerns by requiring a paper ballot. Lastly, after some discussion, it was concluded the Commission would impose a three-minute time limit for public testimony or otherwise determined by Chair should more time be necessary. X. GOOD OF THE ORDER: Commissioner Rasmussen stated she has enjoyed her last three years on the board and this will be her last meeting. She thanked those on the board and the staff for all of their efforts. Commissioner McKinley thanked Commissioner Rasmussen for her service on the board. He asked everyone to enjoy the holidays. Commissioner Kaschmitter thanked everyone for their time and wished everyone a Merry Christmas. Commissioner Friend also thanked the Commissioners and staff for all of their hard work. Commissioner Kelley thanked Commissioner Rasmussen for her time with the Commission. Commissioner Walton also thanked Commissioner Rasmussen for her service and advised it has been a pleasure serving for the last three years. Commissioner Johnson also thanked Commissioner Rasmussen for her time and service. He was thankful for his time as Chair; he is looking forward to the future, and read aloud a quote form Margaret Mead. XL ADJOURNMENT: Commissioner Rasmussen moved to adjourn the meeting at 7:17 p.m. The vote on the motion was seven in favor, zero opposed, and the motion passed /0/ James Johnson, Chairman Date signed (3)Z2) Robin Holt, Secretary