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2022-12-08 PC SIGNED APPROVED MINUTESMeeting Minutes Spokane Valley Planning Commission Council Chambers — City Hall December 8, 2022 I. Planning Commission Vice -Chair Robinson 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 Levi Basinger, Planner Bob McKinley, absent Greg Bingamin, IT Specialist Nancy Miller Marianne Lemons, Administrative Assistant Sherri Robinson There was consensus from the Planning Commission to excuse Commissioner McKinley and Commissioner McKinley. IV. AGENDA: Commissioner Delucchi made a motion to approve the agenda of the December 8, 2022 meeting as presented. There was no discussion. The vote on the motion was five in favor, zero against and the motion passed. V. MINUTES: Commissioner Beaulac moved to approve the November 10, 2022 minutes as presented. There was no discussion. The vote on the motion was five in favor, zero against and the motion passed. VI. COMMISSION REPORTS: There were no Commissioner reports. VII. ADMINISTRATIVE REPORT: Planning Manager reminded the Planning Commission that there will be a meeting on December 22, 2022. VIII. PUBLIC COMMENT: There was no public comment. IX. COMMISSION BUSINESS: a. Public Hearing: STV-2022-0003 - Privately initiated street vacation request to vacate 21 square feet of public right-of-way adjacent to University Road. 12-08-2022 Planning Commission Minutes Page 2 of 5 The public hearing was opened at 6:05 p.m. 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 16a' Avenue. The subject piece of ROW measures approximately 4.5 feet east/west by 5 feet north/south. Mr. Basinger reported that notice of the public hearing was posted at the area to be vacated and in three places throughout the City. Written notice of the hearing was mailed to the property owner of the abutting property and notice was published in the Valley Herald on two occasions. 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 16' 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 stated that staff has reviewed the approval criteria and has the determined the following: • The vacation will better serve the public by reducing the Cities maintenance obligations and allowing full development of the private property. • The ROW is not required for public use or public access. • There is no need to substitute a new or different public ROW • The City does not anticipate that conditions will change in the future requiring use of the ROW. • The City has not received any objections from the public or agencies. There was no public comment offered. The public hearing was closed at 6:12 p.m. Commissioner Miller moved to recommend approval of the proposed street vacation STV-2022-0003 to the City Council subject to all staff conditions. There was no discussion. The vote on the motion was five in favor, zero against and the motion passed. b. Study Session: CTA-2022-0003 — Privately Initiated Map Amendments Update The public hearing was opened at 6:14 p.m. 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 12-08-2022 Planning Commission Minutes Page 3 of 5 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. 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 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 creating or enlarging peninsulas, islands, or protrusions into different zoning districts. • Considers logical boundaries and barriers such as the river, the railroad, or the interstate. 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 12-08-2022 Planning Commission Minutes Page 4 of 5 Must consider right-of-way, river, and railroad corridors Must be adjacent to a substantially similar zoning district Public Comment: Linda Klesch (Spokane Valley) stated that she is in support of the amendment. She said that she would like to see the City maintain traditional historic neighborhoods and keep large developments from coming in and changing those neighborhoods. The public hearing was closed at 6:37 p.m. Commission Miller moved to recommend approval of CTA-2022-0003 to the City Council based on the findings presented in the staff report. There was no discussion. The vote on the motion was five in favor, zero against and the motion passed. c. Study Session: CTA-2022-0004 — Stormwater Management Regulations Update Engineering Manager Adam Jackson gave a staff presentation. He stated that the Washington Dept of Ecology defines stormwater as rain and snow melt that runs off rooftops, paved streets, highways, and parking lots. Uncontrolled stormwater runoff can collect pollutants and harm the environment. Ecology issues various federal and state permits to control surface and groundwater pollution. The City's Stormwater Utility exists to ensure compliance with those applicable permits. Mr. Jackson explained that the Ecology's permitting process requires a Municipal Separate Storm Sewer System (MS4). To maintain compliance with the MS4, the City is required to update code text in the SVMC with specific language set forth by Ecology. Stormwater Engineer Chad Phillips explained that the proposed amendment will apply to three sections of the code. The change needs to include language in the illicit discharge section, the construction site stormwater water run-off controls section, and the post construction stormwater management section. Mr. Phillips explained that the change to the illicit discharge section will include an expanded list of exempted discharges, a list of conditionally exempt discharges, and an amendment for private property prevention of illicit discharge. There will also be an addition of a declaration of violation and an enforcement process and procedure. Mr. Phillips explained that the construction site stormwater run-off controls section and the post construction stormwater management section will include language regarding inspections on private property. There are conditions within the permit that the City inspect stormwater facilities every five years. Mr. Jackson stated that the public hearing will be held on January 12, 2023. Commissioner Robinson asked if displacement from new development is regulated by the amended codes. Mr. Jackson responded that the Cities development regulation standards and flood plain development permits that address that type of water run-off. Commission Robinson asked if stormwater filters into the sewer system. Mr. Phillips explained that the City uses other types of filtration and systems to keep stormwater from overflowing the sewer system. Commissioner Beaulac asked the process for reporting stormwater run-off violations. Mr. Phillips answered that residents should contact the City and the City will start the process to determine if a violation has occurred. 12.08-2022 Planning Commission Minutes Page 5 of 5 Commissioner Delucchi asked who maintains the dry wells. Mr. Jackson responded that dry wells in the public ROW are the responsibility of the City. Dry wells on private property are the responsibility of the property owner. However, the City does have an inspection program and maintenance/clean-up process. X. GOOD OF THE ORDER: Commissioner Robinson reported that she will not be able to attend the meeting on December 22, 2022. XI. ADJOURNMENT: Commissioner Beaulac moved to adjourn the meeting at 7:13 p.m. The vote on the motion was five in favor, zero against and the motion passed. Bob McKinley, Chairman Marianne Lemons, Secretary Date Signed