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2022-11-10 Agenda PacketSpokane ,,,;oo*W1ey- Agenda Spokane Valley Planning Commission Regular Meeting Thursday, November 10, 2022 at 6:00 p.m. Remotely via ZOOM meeting and In Person at 10210 E Sprague Avenue Note: In response to Governor Inslee's announcement reopening Washington under the "Washington Ready" plan, members of the public may attend Spokane Valley Planning Commission meetings in -person at City Hall at the address provided above, or via Zoom at the link below. Members of the public will be allowed to comment in person or via Zoom as described below. Public comments will only be accented for those item noted on the agenda as "public comment." Those wishing to make a comment via Zoom, need to email planning aspokanevalley.org prior to 4:00 p.m. the day of the meeting to speak during the comment period of the meeting. Comments can also be emailed to planning a.spokanevalley.org and they will be read into the record or distributed to the Commission members via email. Otherwise, comments will be taken in -person at the meeting in Council Chambers. LINK TO ZOOM MEETING INFORMATION: https://spokanevalley.zoom.us/i/87146597722 One tap mobile US: +12532158782„ 87146597722# or +13462487799„87146597722# US Dial by your location US: +1 253 215 8782 US 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES: October 13, 2022 6. COMMISSION REPORTS 7. ADMINISTRATIVE REPORT 8. PUBLIC COMMENT: On any subject which is not on the agenda. 9. COMMISSION BUSINESS: a. Study Session: CTA-2022-0003 — Privately Initiated Map Amendments Update b. Study Session: STV-2022-0003 - Privately initiated street vacation request to vacate 21 square feet of public right-of-way adjacent to University Road. 10. FOR THE GOOD OF THE ORDER 11. ADJOURNMENT Meeting Minutes Spokane Valley Planning Commission Council Chambers — City Hall October 13, 2022 I. Planning Commission Chairman McKinley called the meeting to order at 6:00 p.m. The meeting was held in person and via ZOOM meetings. II. The Commissioners, staff, and audience stood for the Pledge Of Allegiance III. Administrative Assistant Marianne Lemons took attendance, and the following members and staff .were present: Fred Beaulac Tony Beattie, City Senior Deputy Attorney Susan Delucchi Chaz Bates, Planning Manager Karl Granrath Martin Palaniuk, Associate Planner Walt Haneke, absent Chad Knodel, IT Manager Bob McKinley Marianne Lemons, Administrative Assistant Nancy Miller Sherri Robinson There was consensus from the Planning Commission to excuse Commissioner Haneke from the meeting. IV. AGENDA: Commissioner Beaulac moved to approve the October 13, 2022, 2022 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 Robinson moved to approve the September 8, 2022 minutes as presented. There was no discussion. The vote on the motion was six in favor, zero against and the motion passed. VI. COMMISSION REPORTS: Commissioner Robinson stated that she toured the Bhutanese Community Garden in northeast Spokane. Commissioner McKinley stated that he attended Valleyfest and was happy with the turnout for the festival. VII. ADMINISTRATIVE REPORT: Planning Manager Chaz Bates reported that the City Council has remanded CTA-2022-0002 regarding multi -family parking regulations back to the Planning Commission for additional comment and recommendation. This item will be on the Planning Commission agenda after the new year. He also stated that the October 27, 2022 and November 24, 2022 meetings will be cancelled but that there will be two meetings during the month of December (despite the second meeting being held so close to Christmas). There was a discussion by the Planning Commission about changing the day of the Planning Commission meeting from Thursday to Wednesday. Attorney Beattie said that he would research 10-13-2022 Planning Commission Minutes Page 2 of 4 the rules and by-laws to find out if it was possible to make that sort of change. VIII. PUBLIC COMMENT: There was no public comment. IX. COMMISSION BUSINESS: a. Study Session: CTA-2022-0003: Privately Initiated Map Amendments Update Associate Planner Martin Palaniuk gave a staff report. He stated that CTA-2022-0003 is a city - initiated code text amendment to revise Chapter 19.30 of the Spokane Valley Municipal Code (SVMC) as it relates to privately initiated site -specific Comprehensive Plan land use map amendments and privately initiated site -specific zoning map amendments. The proposed regulation would identify additional criteria that would be "considered" when reviewing the proposed map amendments. Mr. Palaniuk explained that there is a planning concern regarding the intrusion of more intense land uses into areas of less intense uses. The cause of this concern is because the SVMC does not identify criteria for approving a change to the land use designation map and the criteria for zoning map amendments allows land use changes when adjacent to the same or higher zoning classification. However, the code does not define the word "higher" regarding zoning classifications. The code also includes "corner touches" and allows crossing right-of-way. Mr. Palaniuk explained that the City has a Comprehensive Plan Land Use Designation Map which identifies the different land uses throughout the community. Each of the uses are implemented through the Zoning Map. These maps generally look the same, except for Single -Family Residential (SFR). Comprehensive Plan Map Amendments are only allowed one time per year. The decision authority is the City Council. Changes to the Comprehensive Plan Land Use Map automatically require a zoning map amendment because the two maps must be consistent. Therefore, both map amendments are done concurrently. Mr. Palaniuk stated that Zoning Map Amendments must be consistent with the Comprehensive Plan land use designation. They can be requested at any time (unless a Comprehensive Plan Map amendment is required as well). The decision authority is the Spokane Valley Hearing Examiner. Changes to the zoning map may or may not require a Comprehensive Plan Land Use Map amendment. Any change other than a residential zone requires a change to the Comprehensive Plan land use map. Mr. Palaniuk said that the proposed code text language would develop criteria to "consider" for privately initiated site -specific Comprehensive Plan Map Amendments that includes the following: • The effect on surrounding land use and traffic circulation • The existence of logical boundaries • Avoids creating peninsulas or protrusions into different land use zones • Meets all zoning map amendment criteria. Mr. Palaniuk stated that the proposed code text language would also develop criteria for site -specific zoning map amendments that includes the following: • Avoiding protrusions into different zoning districts • Considers boundaries and barriers 10-13-2022 Planning Commission Minutes Page 3 of 4 • States that properties must be adjacent to and contiguous to a similar zoning district • Defines "similar" as allowing substantially similar uses or density. Mr. Palaniuk explained that the existing regulations for Comprehensive Plan Map Amendments state that changes can only occur once per year, except for limited circumstances. The proposed regulations will keep the current existing regulations and add the following considerations: • The effect on surrounding land uses and transportation circulation • Avoid allowing changes that extend across freeways, highways, railroad, • Avoid changes that create peninsulas or intrusions • Changes would follow rezoning criteria. Mr. Palaniuk stated that the existing regulations for the zoning map criteria state the following: • Concurrency. • Consistent with the comprehensive plan • Substantial relation to public health • Is needed for comprehensive plan goals, • Adjacent to a higher zone • Cannot be detrimental to surrounding properties • Must have community wide benefit. Mr. Palaniuk said that the proposed regulations will keep all the current existing regulations except for "adjacent to a higher zone" and would add the following: Must avoid creating peninsulas or intrusions Must consider right-of-way, river, railroad corridors Must be adjacent to a substantially similar zoning district. Commissioner Beaulac asked if there will be a definition for "detrimental to surrounding properties". Mr. Palaniuk stated that staff will do an initial analysis of detriment which will then go to the Planning Commission for recommendation and to the City Council for the final determination. Mr. Palaniuk stated that another study session for this item will be held on November 10, 2022 and a public hearing will be held on December 8, 2022. X. GOOD OF THE ORDER: There was nothing offered for the Good Of The Order. XI. ADJOURNMENT: Commissioner Beaulac moved to adjourn the meeting at 7:27 p. m. The vote on the motion was six in favor, zero against and the motion passed. Bob McKinley, Chairman Date Signed 10-13-2022 Planning Commission Minutes Page 4 of 4 Marianne Lemons, Secretary CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: November 10, 2022 Item: Check all that apply ❑ old business ® new business ❑ public hearing ❑ information ® study session ❑ pending legislation AGENDA ITEM TITLE: CTA-2022-0003 Comprehensive Plan Map and Zoning Map Amendments GOVERNING LEGISLATION: RCW 36.70A.106, SVMC 17.80.150 and 19.30.040. PREVIOUS COMMISSION ACTION: Study session October 13, 2022. BACKGROUND: Review of past privately initiated site -specific Comprehensive Plan land use and zoning map amendments identified a need for code text amendments to SVMC 19.30.010 Comprehensive Plan text and map amendments and SVMC 19.30.030 Site -specific zoning map amendments. Pursuant to SVMC 19.30.040 modification to SVMC Titles 17 through 24 are classified as a Type IV development application and require the Planning Commission to provide a recommendation to City Council. Chapter 19.30 SVMC (Changes and Amendments) outlines the process for amending the Comprehensive Plan (text and map), area -wide rezones, site -specific rezones. A review of chapter 19.30 SVMC found that there were two related issues: (1) there are no criteria for privately initiated site -specific Comprehensive Plan land use amendments and (2) a property can be eligible for a site -specific zoning map amendment if it is adjacent to a property zoned the same or higher zone. Adjacent includes corner touches and across right-of-way. Additionally, there is ambiguity in what classifies as a "higher zone". Conceptually, this can be interpreted either as a more intensive zone (Industrial is higher than Multiple Family), or more logically the allowed uses are similar but more dense (Multiple Family is higher than Single Family). These issues taken together allow for more intense zoning and land use designations intruding into less intense zones. CTA-2022-0003 is a city -initiated code text amendment to revise chapter 19.30 SVMC as it relates to privately initiated site -specific Comprehensive Plan land use map amendments and privately initiated site - specific zoning map amendments. The proposed regulation will identify additional criteria that shall be considered when reviewing the proposed map amendments. Planning Commission held a study session on the proposed amendment on October 13, 2022. The Planning Commission discussed the proposed changes and suggested the following areas to consider; historical development patterns of neighborhoods and preserving those lot sizes and patterns; limiting the expansion or growth of the existing zoning peninsulas and islands. Language was added to the proposed amendment that speaks to expansion and islands. The Planning Commission also discussed concurrency and how it applies and relates to map amendments. The amendment language was revised to provide a general review of the capacity of transportation, public water, and sewer to meet the needs of the proposed new land use. Staff removed the "adjacent and contiguous" criteria as it was determined the language was ambiguous and the limit on creating or expanding islands and peninsulas provides the same intent. Staff will provide an overview of the proposed regulations and updated language RECOMMENDED ACTION OR MOTION: No action recommended at this time. STAFF CONTACT: Martin Palaniuk, Associate Planner ATTACHMENTS: 1. Presentation 2. Draft CTA-2022-0003 RPCA Study Session for Code Text Amendment CTA-2022-0003 Page I of I CM O O O 1 N N N i H U .cu pq cu a. W 4-1 c6 70 C Z3 p U) 4--j co 70 coo -1-j Sao i ca 4-J �- x 0 3: o z om Q - O W W 70 � N Cn � O O � N O o � C6 N O U U c O cc O C •vJ •L � N 70 .LJ ^, U V'^J 70 C6 >1 (u O O o Co N � O U 0 Co G � o Q cu cc E El O Q) E U) E O 4- E U C6 CB O C6 C6 � O � U 2 N 70 L N N O N O It C cri CD L CL E O V L.. _3fStaw 16.. 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Pursuant to RCW 36.70A.130(2)(a), proposed updates to the Comprehensive Plan shall only be processed once per year except for the adoption of original subarea plans, amendments to the SMP, the amendment of the capital facilities chapter concurrent with the adoption of the City budget, in the event of an emergency, or to resolve an appeal of the Comprehensive Plan filed with the Growth Management Hearings Board. [IPri% Itcl\ initiated (_'Otllpt'elletlSi� e PI•ul land uSe nrul amendments shall consider the follo\\ irle criteria 1. The effect of the proposed amendment on the land use and circulation pattern Ofthe SUITOUndina area. The existence of boundaries such as and ultural areas shall be observed. In general. proposals shall avoid extending land use (12SIgi1'at10115 'lel'Oss ti-eew- hi *hwa -s. or railroad rights -of -way that present a logical boundary. Proposed amendments shall avoid creating or expanding zoning peninsulas or islads, or otherwise create intrusions into a different land use designation. C. A site- specific land use Inap amendment also requires a site -specific zoning neap amendment and shall additional Iv meet the criteria in 19.30.0 30 P. $Ef ). Comprehensive Plan text and map amendments are classified as Type IV development applications and shall be processed pursuant to SVMC 17.80.140. (Ord. 16-018 § 6 (Att. B), 2016). 19.30.020 Area -wide rezones. A. Area -wide rezones shall be considered only in conjunction with updates to the Comprehensive Plan text and maps to ensure full consideration of the cumulative effects of all changes. B. Area -wide rezones are classified as Type IV development applications and shall be processed pursuant to SVMC 17.80.140. (Ord. 16-018 § 6 (Att. B), 2016). 19.30.030 Site -specific zoning map amendments. A. Site -specific zoning map amendment requests may be submitted at any time. Site -specific zoning map amendments are classified as Type III development applications and shall be processed pursuant to SVMC 17.80.140. B. All site -specific zoning map amendment requests shall meet all of he following criteria: 1. -21-20 SNIMC., CeaeuffeneyFShall provide a general review of the canacil of transportation public water and public <,.,% cr to meet the demands of the proposed ne��' land use. 2. Be consistent with the Comprehensive Plan land use designation; 3. Bear a substantial relation to the public health, safety, and welfare; 4. Be warranted in order to achieve consistency with the Comprehensive Plan or because of a need for additional property in the proposed zoning district classification, or because the proposed zoning classification is appropriate for reasonable development of the subject property; 5. Shall avoid creatinu or expanding zonin4 pen in>ulas or islands. or other- iSC Create intrusions into a chIi-rcni zonine district. publie right of way) to property ef the sanie ig > 6. Not be materially detrimental to uses or property in the immediate vicinity of the subject property; and 7. Have merit and value for the community as a whole: and S. Consider boundaries and barriers such as right-of-way. Spokane River. railroad corridors: and The Spokane Valley Municipal Code is current through Ordinance No. 22-005, passed March 29, 2022. Spokane Valley Municipal Code Page 2/2 19.30.040 Development regulation text amendments. Requests to amend SVMC Titles 17 through 24 may be submitted at any time. Text amendments are classified as Type IV development applications and shall be processed pursuant to SVMC 17.80.150. (Ord. 16-018 § 6 (Att. B), 2016). The Spokane Valley Municipal Code is current through Ordinance No. 22-005, passed March 29, 2022. CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: November 10, 2022 Item: Check all that apply ❑ old business ❑ information FILE NUMBER: STV-2022-0003 ® new business ❑ public hearing ® study session ❑ pending legislation AGENDA ITEM TITLE: Study Session for STV-2022-0003 DESCRIPTION OF PROPOSAL: Privately initiated street vacation request to vacate 21 square feet of public right-of-way adjacent to University Road. GOVERNING LEGISLATION: Chapter 22.140 Spokane Valley Municipal Code (SVMC); RCW 35A.47.020 and chapter 35.79 RCW BACKGROUND: The piece of public right-of-way in question is located west of and adjacent to University Road and is approximately 170-feet south of the intersection with 161h Avenue. The subject piece of right-of-way measures approximately 4.5-feet east/west by 5-feet north/south. The right-of-way was dedicated to the City of Spokane Valley from Spokane County pursuant to Spokane County Resolution No. 11-0698 in 2011 for purposes of placing a school zone flashing beacon in this location. According to the Resolution, the County Engineer deemed it to be in the best interest of the public that the property that the beacon sits upon be a part of the road right- of-way. The beacon assembly has since been relocated to north of 16`h Avenue and only the foundation for the assembly remains on the site in question. With the exception of the foundation for the former assembly, the right-of-way is otherwise unimproved. The right-of-way is not being used and is not needed by the City. The subject right-of-way and foundation for the former flashing beacon are located behind the existing sidewalk and behind the existing storm drains within University Road. The City does not plan to remove the foundation if the right-of-way is vacated. There are also no identified utility lines or easements that pass through the piece. of right-of-way in question. The right-of-way is adjacent to Parcel 45291.0125 on three sides. The parcel is owned by Ann S. Easterly 2018 Living Trust, who is also the owner of the adjacent parcel to the north, at the southwest corner of 161h Avenue and University Road. The property owner, has requested the 21- square feet of right-of-way be vacated and aggregated into the adjacent property because it no longer serves a public purpose. On October 25, 2022, City Council passed Resolution 19-019 to set a public hearing date with the Planning Commission on December 8, 2022. Tonight, staff will discuss the project and the process. OPTIONS: Discussion. RECOMMENDED ACTION OR MOTION: None. STAFF CONTACT: Levi Basinger, Planner ATTACHMENTS: 1. PowerPoint presentation RPCA Study Session for STV-2022-0003 Page 1 of 2 2. Spokane County Resolution No. 11-0698 3. Maps and Site Photos RPCA Study Session for STV-2022-0003 Page 2 of 2 00 Tmq N 4 a .O IA .E E V N Q) N c O c N [6 O w aA a0 c .n E L, ai cu > m 0 z a 0 ca s ,O 75 Mo (1) cc O m V m L L- O (1) a Q E O U L O O ,-, C6 cn O V) O (3) •— ._ > E O v O I� O 4— d: �.. CY) Q ca Lr) 4-' r O U UN Q A 1*, CA .O W V E 0) C^6' W m m 0 0 0 N N O N c O .N N (D U) T 7 U) U a N N O N O c-I c-I 9 c 0 m V n� W 0 CL 0 L^ Ci 4- 0 c 0 -1--j m V 0 1 cm O O O N (N O N U) O U) N N U) T U) U a N N O N O c-I c-I 0 a-0 v M L4L U 4- 41 i� hA !7 i� cam© L O 4- o c O O T U .� o ® U o O O a ON ® = ce- Ma) W W o 0 L r) X v� 1 u LQ E X � O � Q ® � O V M V O N LL X W 0 0 O Q z of o'q 0 cm 0 0 0 N (N 0 N O V) N W U a N N O N O V O V) L ca +�-+ Q) 4-J N O N r-• O _0 N v) V — .� V O O V N� O ca O O c6 c6 DC a--' N CO dJ dJ � V N � Q 4-J Q rl N cyi d' N N O N O c-1 c-I Cho] paIuaun Ako-d - -- pap 1oaa.1 San.InS jo pJoaa-d pug aauuulpio----___ Aalna-d jjuIS pausllus suolllpuoD ti q1 q 'ctlo M s— IlaunOD SJID - CL hn N 00 Issi oa �tuluuula O N �tupuaq aiignd $as Ilaunoa 14l3 panlaaaH uoljvaiiddV N N O N 0 08/26/2011 22:25:35 PM 6023828 Recording Fee $64.00 Page 1 of 3 Resolution SPOKANE, COUNTY ENC ADMIN Spokane County Washington IIIIIII Hllf I Iil IHI IIIIHI Iillll IIII �I IIIII IIIII IIIIIII III NIII IIIII IIIII IIII IIII After Recording Return To: Spokane County Engineer's Office Attn.: Engineering Administration 1026 West Broadway Avenue Spokane, WA 99260-0170 Document Title: Resolution No. 11-0698 Reference Number of Related Documents: N/A Grantor: Government, County of Spokane Grantee: Government, City of Spokane Valley Legal Description: NE 1/4 of Section 29, Township 25 North, Range 44 East, W.M., Spokane County, WA Assessors Tax Parcel ID Number: Portion of 45291.0125 The County will rely on the information provided on this form. The Staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. j-. Page 2 of 3 08/26/2011 12:25:35 PM 6023828 After Recording Return to: Spokane County Engineer Attn: Engineering Administration, 1026 W. Broadway Ave., Spokane WA 99260 RESOLUTION NO. fl— O6 9S BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON IN THE MATTER OF DEDICATION OF ) COUNTY GENERAL OWNED PROPERTY FOR ) RIGHT OF WAY PURPOSES TO THE CITY OF ) RESOLUTION SPOKANE VALLEY ) COUNTY ENGINEER'S ROAD FILE NO. 1504 1 WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County Commissioners of Spokane County (hereinafter sometimes referred to as the "Board") has the care of County property and the management of County funds and business; and WHEREAS, pursuant to the provisions of RCW 36.34.290 and RCW 36.34.300 the Board of County Commissioners may dedicate any county land to public use for public streets and alleys in any city or town; and WHEREAS, the City of Spokane Valley has requested that a school flashing beacon at 160' and University be located on County property showing the speed of the cars near University Elementary School; and WHEREAS, the County Engineer deems it to be in the best interest of the public that the property that the beacon sits upon should be a part of the road right-of-way; and WHEREAS, the portion to be dedicated for road right of way has the following legal description: That portion of Parcel "A" described as follows, commencing at the North East Corner of said Parcel "A" being the South East corner of that Tract of Land as shown on Record Of Survey Book 144 page 94 Spokane County Auditor's Office; Thence S 02° 39' 29" W along the West right of way line of University Road a distance of 10.02 feet to The True Point Of Beginning of this dedication; Thence N 89° 55' 44" W parallel with the South line said Tract a distance of 4.42 feet; Thence S 00° 04' 16" W a distance of 5.00 feet; Thence S 89° 55' 44" E a distance of 4.19 feet to said West right of way of University Road; Thence N 02° 39' 29" E along the West right of way line of said University Road a distance of 5.01 feet to The True Point Of Beginning: Containing 21.51 sq feet more or less. Parcel "A" Lots 4 and 5 and the east 20 feet of Lots 3 and 6, Block "A" of Chester Hills Addition, as per plat thereof recorded in Volume 1 of Plats, Page 92. Except the north 50 feet of Lots 3 and 4 of said Chester Hills Addition. Except University Road Located in the Northeast Quarter (NE ''/4) of Section 29, Township 25 North, Range 44 East W.M. Spokane County, Washington. R. E. Excise Tax Exempt Date S / a �— 2011 Spokane County Treas. By " Page 3 of 3 08/26/2011 12:25:35 PM 6023828 WHEREAS, the Spokane County Engineer deems it in the best interests of the public that the previously described beacon property be dedicated to the City of Spokane Valley for streets and recommends approval of this dedication for roadway purposes; and THEREFORE BE IT RESOLVED by the Board of County Commissioners of Spokane County, Washington, pursuant to the provisions of RCW 36.32.120(6) and RCW 36.34.290, that the Board does hereby approve the recommendation of the County Engineer and that the property be dedicated to the City of Spokane Valley for right of way purposes. ADOPTED by the Board of County Commissioners of Spokane County, Washington this 16'b day of August, 2011. ro� CoMnrrss O f CpG.lb 0�: sees... •'. �. ATTEST: �tt�' Daniela Erickson 6198 Clerk of the Board STATE OF WASHINGTON ) ss. County of Spokane ) Al French, Cha' 4L� To)-WT%4ielke, Vice -Chair 4Z MaWrRicZh.d, Commission On this LM4day of J� Ol 1, before me, the undersigned, a Notary Public in and for the State of .Washington, dul corn issioned and sworn, personally appeared Al French, Todd Mielke, and Mark Richard to me known to be the Commissioners of the Board of County Commissioners of Spokane County, a political subdivision of the State of Washington, that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said political subdivision, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument, and that the seal affixed is the seal of said County. IN WITNESS WHEREOF, I have hereunto set my hand -mot affixed my seal the day and year first written above. �zz)Lp- 6%�� NOTARY PUBLIC in and for the State of Washington, residing at Spokape. My commission expires: Agreed to this day of L 2011. Zi NOTARY Nc Z= pUBUC e ��'�0 �WASH�tl . 4 Unassidined Ad-dness 4529f!0115 0 O-k t'• j' - - - - - - -