2023-04-27 PC APPROVED SIGNED MINUTES Meeting Minutes
Spokane Valley Planning Commission
Room 212—Centerplace Regional Event Center
April 27, 2023
I. Planning Commission Chairman Karl Granrath 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:
Susan Delucchi Tony Beattie, City Senior Deputy Attorney
Val Dimitrov Chaz Bates, Planning Manager
Karl Granrath Levi Basinger, Planner
Walt Haneke Greg Bingamin, IT Manager
Bob McKinley Marianne Lemons, Administrative Assistant
Nancy Miller
Daniel Wilson, absent
There was consensus from the Planning Commission to excuse Commissioner Wilson
from the meeting.
IV. AGENDA: Commissioner Delucchi moved to approve the agenda for April 27, 2023 as
presented There was no discussion. The vote on the motion was six in favor, zero against
and the motion passed.
V. MINUTES: Commissioner Delucchi moved to approve the April 13, 2023 minutes as
presented. There was no discussion. The vote on the motion was five in favor, zero against,
Commissioner Granrath abstained from the vote, and the motion passed.
VI. COMMISSION REPORTS: Commissioner Delucchi expressed concern that HB 1110 (the
Missing Middle)passed through both houses of legislature and is ready for signature by the
Governor.
VII. ADMINISTRATIVE REPORT: Planning Manager Chaz Bates gave an administrative
report regarding the legislative bills that affect land use that were passed by legislation and
are ready for signature. This included HB1110, 11131181, and Senate Bill 5058. Mr. Bates
also reported that the City Council came to consensus to remove the owner occupancy
requirement from Accessory Dwelling Unit (ADU) requests. This will be reviewed by the
Planning Commission at a future meeting.
VIII. PUBLIC COMMENT: There was no public comment.
4-27-2023 Planning Commission Minutes Page 2 of 5
IX. COMMISSION BUSINESS:
a. Public Hearing: STV-2023-0001: 22na Avenue & Glenview Circle
The public hearing was opened at 6:10 p.m.
Planner Levi Basinger gave a staff report. He stated that the street vacation is privately
initiated request from The Oaks Education Association to vacate 6,970 square feet
(0.16 acres) of public right-of-way (ROW) in the alignment for Glenview Circle,
located south of and adjacent to 22nd Avenue.
Mr. Basinger explained that the ROW proposed to be vacated comprises the fourth leg
of the intersection between 22nd Avenue and Glenview Circle. The ROW was originally
dedicated as part of the plat for Glenview Acres 3rd Addition in 1968. This leg of
Glenview remains unimproved and does not extend further south.
Mr. Basinger stated that the Notice Of Public hearing was posted on the site, was
published twice in the newspaper of record (The Valley Herald), written notice was
mailed to the abutting properties, and the notice was posted in three public places.
Mr. Basinger explained that the applicant plans to build a private school on the parcel
to the south. The school will be within the alignment for a potential ROW extension to
the south. Access from 22"d is proposed via a private driveway but is currently located
outside of the ROW. Building permits have been issued for the school's construction
and site grading activities. The applicants will be using the ROW as a temporary
construction entrance, but no permanent improvements have been approved within the
existing ROW currently.
Mr. Basinger said that staff and the utility providers have reviewed the proposal and
have not expressed opposition to vacating the ROW but have requested the following
conditions:
1. A new curb installed across the ROW to be vacated along the south side of 22"d
Avenue.
2. The existing driveway approach for 11706 E 22nd Avenue must be modified to
match installed curbing.
3. Construction within the public ROW must be permitted and subject to
inspection by the City.
4. Easements to allow for maintenance of existing utilities will need to be
dedicated by the City prior to vacation.
5. All costs incurred must be paid by the proponent.
6. The proponent is to purchase the area to be vacated. (The cost is calculated by
the formula adopted in City Council Resolution 2022-020. The total amount
due is $15,111.00).
Mr. Basinger stated that staff has reviewed the criteria outlined in the Spokane Valley
Municipal Code (SVMC) for street vacations and feel that the request will meet all the
requirements once all the conditions of approval are met.
4-27-2023 Planning Commission Minutes Page 3 of 5
Mr. Basinger said that the City received several public comments regarding the
proposal. The residents had concerns about traffic on 22nd Avenue. He explained that
the City Traffic Engineer does not support the use of this vacated ROW to be used as
access to the site. A fire access lane to the west of this vacated property has been
approved and any changes to that proposed access would need to be reviewed by the
Traffic Engineer for compliance with traffic circulation.
Commissioner Haneke asked if the applicants could come to the City in the future to
request making this access a driveway. If so, could a condition be placed on the
property that would not allow them to do so. Mr. Basinger answered that a change to
the driveway would require applying for an approach permit that would be reviewed
by City development and traffic engineers.
The applicant, Charlie Dowers (Head of School for Oaks Academy) stated that the
school is currently housed within eight structures on the property and are in the process
of building one large school so that all the students will be centralized in one location.
He also stated that currently the ROW is supposed to be maintained by and at the cost
of the City.If the vacation of the property is approved,the City will no longer be liable
for that maintenance. He also stated that the school size will not be increasing with the
new building and will not change the parking needs.
Public Testimony:
Nan Smith(Spokane Valley) stated that she is in favor of the street vacation because it
has been a weed lot for 30 years. However, she would like the space to be used as green
or park space only and not used for parking or as a driveway due to the safety of
children walking on 22nd Avenue.
Greg Doering(Spokane Valley) expressed concern about the City gifting property to a
private Christian school and concern about traffic and children's safety if the area is
used for parking,pickup, or drop off. He said that he would like to see the area used as
a green space only and not as an access or driveway.
Jim Rowse (Spokane Valley) expressed concern about the deceased owner being listed
on the application. He also provided a photo of the area showing the proposed vacation
that was provided to the Commission. He expressed that the paperwork submitted by
the Oak lists that the area could be used as parking or open space. He feels that there is
a significant difference between those two items and would like to see the area just
used as open space. He also expressed concern about the safety of the children and is
against the vacation as parking or access to the facility. He would like to see the space
remain as open green space.
Thomas Santorsla (Spokane Valley) expressed concern about the traffic and the
vagueness in the application about what The Oaks Academy plans to do with the
property in the future. He stated that he would like to see a better presented plan of
what they are proposing.
Art Zach(Spokane Valley) stated that the application does not specifically say that the
area will not be used as a parking lot that accesses onto 22nd Avenue.He also expressed
concern that the fire access curb cut could be used as an access point for more than just
4-27-2023 Planning Commission Minutes Page 4 of 5
fire personnel.He feels that 22"d Avenue cannot handle any additional traffic that might
be produced from an additional driveway or access point from this vacated area.
Doyle Kanabica (Spokane Valley) stated that The Oaks has a sidewalk that will go
along 22"d Avenue to the new property to help with the concern about children walking
on the street. The Oaks hopes that this new sidewalk will help alleviate some of those
problems and concerns.
Mr. Art Zach stated that he is happy that the sidewalk improvement is being done but
does not feel that it will resolve the problem if the vacated area is used as an access that
will put more cars on 22"d Avenue.
Commissioner Miller asked the applicant about utilizing the vacated area as just green
or open space.
Mr. Charlie Dowers stated that the school has not researched a 20-year site
development plan for the property. He stated that he would feel uncomfortable stating
that without reviewing if it is the best use of the space long term.
Commissioner Granrath asked if a condition could be placed on the property prohibiting the
vacated area from being used as access in the future. Mr. Bates answered that the City could
not be able to attach that type of condition on the property.
Commissioner Delucchi asked if the City could require that the curb and sidewalk be
extended all the way through the vacated property to help prohibit it from being used as an
access or driveway. Mr. Basinger responded that the City does have a condition of approval
regarding curbs and sidewalks that will have to be met before the plat is signed and the final
vacation is completed. He also explained that any future changes to the area making it a
driveway or access point would require City review and approval. The Senior Traffic
Engineer has documented that he is not in favor of the area being used as access.
The public hearing closed at 6:54 p.m.
Commissioner McKinley moved to recommend approval of STV-2023-0001 to the City
Council as presented
Commissioner Haneke stated that he is extremely concerned about the property being used as
a driveway and would really like to see a condition that would keep that from happening in
the future. Commissioner Miller agreed. Commissioner Delucchi said that requiring a curb
and sidewalks that extends all the way to the vacated property could keep a driveway from
happening.
Commissioner Granrath commented that this ROW could have been used as a street since the
inception of the plat in 1968 but it has never been used as an access. The City Street Engineer
has stated that he does not support allowing a driveway at this location so he feels that it will
never be allowed as a driveway or access onto 22"d Avenue.
4-27-2023 Planning Commission Minutes Page 5 of 5
Commissioner McKinley said that he feels approving the street vacation will make it more
difficult for the applicant to use the property as a driveway in the future. Commissioner
Haneke agreed.
The vote on the motion was six in favor, zero against and the motion passed.
Commissioner Delucchi requested that the Planning Commissions concerns be noted in the
Findings of Fact and forwarded to the City council for consideration and discussion.
Mr. Basinger said that the Findings Of Fact on this matter will be presented to the
Commission at the May 11, 2023, meeting.
b. Findings of Fact: 2023 Annual Comprehensive Plan Amendments
Planner Levi Basinger presented the Findings of Fact for the Annual Comprehensive Plan
Amendments. He explained that the Planning Commission held a public hearing on the
proposed CPA on April 13,2023. The Planning Commission deliberated on the CPA and
voted unanimously to forward the proposed amendments to the City Council as presented. He
explained that the Findings of Fact will formalize the recommendations that were made at the
public hearing.
Commissioner Delucchi noted a typo on page 3, paragraph 21.
Commissioner McKinley moved to approve and forward the Findings of Fact to the City
Council as presented. There was no discussion. The vote on the motion was six in favor, zero
against and the motion passed.
X. GOOD OF THE ORDER: Commissioner Delucchi requested that the staff give a formal
update and analyzation of the impacts of HB 1110 to the Planning Commission once it is
signed into effect.
XI. ADJOURNMENT: Commissioner Haneke moved to adjourn the meeting at 7:17p.m. The
vote on the motion was six in favor, zero against, and the motion passed.
i' ��
Walt Haneke, Vice-Chairman Date igned
—197I7
Marianne Lemons, Secretary