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2022-11-10 PC SIGNED APPROVED MINUTES Meeting Minutes Spokane Valley Planning Commission Council Chambers—City Hall November 10, 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. H. 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 Granath Martin Palaniuk, Associate Planner Walt Haneke Levi Basinger, Planner Bob McKinley Nikki Cole, IT Specialist Nancy Miller Marianne Lemons, Administrative Assistant Sherri Robinson IV. AGENDA: Commissioner Robinson made a motion to amend the agenda of November 10, 2022 to have Study Session B before Study Session A. There was no discussion. The vote on the motion was seven in favor, zero against and the motion passed. V. MINUTES: Commissioner Granrath moved to approve the October 13, 2022 minutes as presented. There was no discussion. The vote on the motion was seven in favor, zero against and the motion passed. VI. COMMISSION REPORTS: Commissioner Delucchi reported that the original Veradale post office has been torn down. VII. ADMINISTRATIVE REPORT: Planning Manager Chaz Bates reported City Hall will close on November 23, 2022 at noon and will be closed for the entire day on December 23'2022. He also reported that there will be one city-initiated comprehensive plan amendment that will be submitted to City Council for review during 2023. City Attorney Beattie stated that he researched the possibility of moving the Planning Commission meetings from Thursday to Wednesday and determined that it was not advisable to move the meetings. VIII. PUBLIC COMMENT: There was no public comment. IX. COMMISSION BUSINESS: 11-10-2022 Planning Commission Minutes Page 2 of 4 a. Study Session: STV-2022-0003 - Privately initiated street vacation request to vacate 21 square feet of public right-of-way adjacent to University Road. Planner Basinger presented a staff report. He stated that the piece of public right-of-way(ROW) is located west of and adjacent to University Road and is approximately 170-feet south of the intersection with 16th Avenue. The subject piece of ROW measures approximately 4.5 feet east/west by 5 feet north/south. Mr. Basinger explained that the ROW was dedicated to the City of Spokane Valley by Spokane County pursuant to Spokane County Resolution No. 11-0698 in 2011 for the purpose of placing a school zone flashing beacon in this location. According to the resolution, the county engineer deemed it in the best interest of the public to place the beacon upon be a part of the road ROW. The beacon assembly has since been relocated to north of 16t1' Avenue and only the foundation for the assembly remains on the site. Other than the foundation for the former assembly, the right-of-way is unimproved. The right-of-way is not being used and is not needed by the City. The subject ROW 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. Mr. Basinger said that the ROW 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 16th 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. Mr. McKinley asked if the removal of the foundation will be the responsibility of the property owner. Mr. Basinger responded that it will be their responsibility if they decide to remove it. The public hearing will be held at the December 10, 2022 Planning Commission meeting. b. 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 1-10-2022 Planning Commission Minutes Page 3 of 4 map amendment because the two maps must be consistent. Therefore, both snap 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 include 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 include the following: • Avoiding protrusions into different zoning districts • Considers boundaries and barriers • 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, & railroads • 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, and railroad corridors • Must be adjacent to a substantially similar zoning district Mr. Palaniuk stated that the public hearing will be held on December 8, 2022. Commissioner Beautac asked about provisions and cooperation between entities for properties that are adjacent to County properties. Mr. Palaniuk answered that most of the adjacent properties have already I I-10-2022 Planning Commission Minutes Page 4 of 4 been given zoning designations and are outlined in the Urban Growth Area map. Mr. Bates stated that the City and the County works together on coordination of growth in those areas. Commissioner Haneke expressed concern about the necessity of the proposed changes and if they were really needed. He commented that the changes could limit growth in the Valley and take away the property owners rights to develop their property. He feels that the current regulations have enough restrictions for approval decisions to be made. Commissioner Delucchi commented that she thinks these changes could help preserve historic neighborhoods in the City. A short recess was called at 7:02 p.m. The meeting was called back to order at 7:06. 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 7:07 p.m. The vote on the motion was seven in favor, zero against and the motion passed. Sherri Robinson, Vice-Chairman Date Signed Marianne Lemons, Secretary