2007, 08-20 Special Meeting MinutesAttendance.
Councilmembers:
Diana Wilhite, Mayor
Steve Taylor, Deputy Mayor
Dick Denenny, Councilmember
Mike DeVleming, Councilmember
Bill Gothmann, Councilmember
Rich Munson, Councilmember
Gary Schimmels, Councilmember
MINUTES
City of Spokane Valley
City Council Special Meeting
Uniform Development Code Discussion
Monday, August 20, 2007
Mayor Wilhite called the meeting to order at 6:02 p.m.
Staff:
Dave Mercier, City Manager
Cary Driskell, Deputy City Attorney
Greg McCormick, Planning Manager
Scott Kuhta, Senior Planner
Nina Regor, Deputy City Manager
Carolbelle Branch, Public Information Officer
Carrie Acosta, Deputy City Clerk
19.60.050 Community Commercial District
Mayor Wilhite asked for clarification on #la. regarding the exclusion of outside runs or areas. Planning
Manager McCormick said it prohibits any new outside runs but does not prohibit any that already exist.
Councilmember Munson asked why anyone would have a kennel if they cannot have outside runs. Mr.
McCormick explained folks can still have the kennel; however, they would need to exercise the animals
rather than leaving them in an outdoor run all day. Senior Planner Kuhta said this will allow kennels to be
in the City, and if kennels are allowed in the City, restrictions need to be in place. He said there are some
other issues with kennels that staff needs to clarify, such as language modification in the use matrix and
definitions to make it more understandable.
Councilmember Munson referenced #2 regarding wind turbine support towers and asked if and where the
noise generated from wind turbines is going to be addressed in the code. Mr. McCormick said noise from
turbines is not addressed, but staff could include something in 19.40.110, subsection 2 if that is the
direction of Council. Mr. McCormick said he does not believe wind turbines need to be allowed within
the city. Councilmember Gothmann suggested not permitting them unless asked for by the public. Deputy
Mayor Taylor said he'd like to leave it in the codes. Mr. McCormick referred to the use matrix and
explained the wind turbines are not allowed as permitted conditional uses in residential zones. They are
allowed in office zones and community facility zones as conditional uses, and in neighborhood
commercial, I -1, and I -2 they are listed as permitted, but conditions apply. It is not a conditional use
except for in office and community facilities zoning districts. Councilmember DeVleming suggested
Council limit them to decorative only. Councilmember Munson said if they are strictly in commercial
areas, he doesn't have a problem with them. No Changes.
19.60.060 Regional Commercial District
Deputy Mayor Taylor asked how Type I screening is defined and if cyclone fencing with slats inserted
qualifies. Mr. McCormick said Type I screening is defined as site obscuring, such as a solid wall or
landscaping, and said he believes the cyclone fence with slats would need to be supplemented with
shrubbery or something else to qualify as Type I. No Changes.
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Approved by Council: 09 -11 -07
19.60.070 Mixed Use Center District
Deputy Mayor Taylor asked how the figure "210 square feet" was derived in #3. Mr. McCormick said he
was not sure and said he would have staff look into it and get back to Council. Councilmember
DeVleming asked if a "fee in lieu of land dedication" is setting the ground work for establishing public
impact fees. Mr. McCormick said no, it is a fee that can be used to invest in a larger park project within a
particular area. He said it is based on a per square foot value of the assessment and evaluated on an annual
basis to assessment values. Councilmember DeVleming wants staff to provide Council with more detail
as to how the money is going to be collected, distributed, and who makes the decisions, etc., before
Council determines whether they want to implement the collection of this fee and the assessment
mechanism. No Changes.
19.60.080 Corridor Mixed Use District
Council had the same questions as .070 for staff. No Changes.
19.60.090 City Center District
Senior Planner Kuhta said Council can strike this section completely because we don't have a city center
zone or a city center designation on the comprehensive plan map. He said this will be addressed on the
sub -area plan. At a maximum, he suggested reserving it as a place holder. It was the consensus of
Council to strike the language in this section and change the title to "City Center District — Reserved."
19.60.100 Community Facilities District
Councilmember Gothmann asked how zoning will be applied if a developer or owner changes a building
from a community facility to something that is not a community facility. Mr. McCormick said he would
need to research that question. Mr. Kuhta said for now if they have a community facilities comprehensive
plan category it would have the community facilities zone. He said the question is would the City require
a Comprehensive Plan amendment to change the zone or should the City strike the community facilities
zone and zone those properties consistent with the surrounding zones. He said staff will look at the
language and come back with a recommendation. Deputy Mayor Taylor asked if the comments in the
letter from Avista in regard to a zoning district that permits utilities zoning have been addressed. Mr.
McCormick said the Pipeline hazard overlay does not apply to all pipelines. He said he believes the intent
is that it refers to the large main transmission lines only — not the smaller residential supply lines.
Councilmember Gothmann asked staff to review the letter from Avista to make sure that whatever is put
in place meets the needs of Avista. Councilmember DeVleming added the UDC should meet the needs of
all utilities, not just Avista. He also said we can strike the reference to the UTC because not all utilities
are governed by the UTC.
Going back to last week's discussion on 19.60.010, #4, Deputy Mayor Taylor asked staff if there needs to
be a requirement in the UDC to provide shared access in parking lots or if the City can offer incentives to
the owner /developer. Mr. McCormick clarified that shared access is not cross - access between properties,
but is shared access onto the public right -of -way. He said this would combine the access points whenever
possible. He said cities all over the state are requiring that all new development provide for shared access
to the public right -of -way. Councilmember Denenny asked that staff provide a definition for "shared
access" and include the statement "to the public right -of- way." Councilmember Munson asked that legal
staff look into case -law to provide examples and give more information to Council.
19.70 District Purpose & Supplemental Use Regulations — Industrial Zones
19.70.010 Light Industrial District
Councilmember Denenny asked if there is concern about the outdoor storage provisions. Mr. Kuhta said
this does not restrict the ability to have outdoor storage, it provides the requirement for screening outdoor
storage in light industrial areas. He said these are essentially the same requirements as those currently in
place. Mayor Wilhite asked if restaurants are permitted in an industrial area. Mr. McCormick said they
Council Minutes: 8 -20 -2007 Page 2 of 6
Approved by Council: 09 -11 -07
would be considered an ancillary use and would be permitted. Mr. Kuhta referred Council to the matrix of
permitted uses for each section to find ancillary uses and conditions that apply.
19.70.020 Heavy Industrial District
Mayor Wilhite asked how the hotel in the Industrial Park fits into the heavy industrial zoning. Mr. Kuhta
said that it doesn't. Mr. McCormick said that area was re- designated in the Comprehensive Plan from I -1
to Community Commercial because the alternative would have been to include several permitted uses in
the I -2 zone. He said the solution was to carve that area out because it is essentially a commercial area
serving the larger industrial area rather than adding different permitted uses to the industrial zone. Mr.
Kuhta said hotels can not be built in the I -2 zone. No Changes.
19.80 Adult Uses
19.80.010 Purpose No Changes.
19.80.020 License Required No Changes.
19.80.030 Adult Use Development Standards
Councilmember Gothmann asked about the language regarding the 1000 foot designation. Deputy City
Attorney Driskell said he will verify the language and will determine where the language has been drawn
from. Deputy Mayor Taylor asked if the regulations listed need to be included. Mr. Driskell confirmed
they need to include the regulations, stating there have been tests of the appellate courts establishing the
language. No Changes.
19.90 Essential Public Facilities (EPF's)
19.90.010 Facilities of Regional /Statewide Significance No Changes.
19.90.020 Local Sitting Procedures No Changes.
19.100 Historic Preservation — Reserved No Changes.
19.110 Special Overlay Zones
19.110.030 Airport
Deputy Mayor Taylor asked about b.) Land Uses in Airport Land Use Compatibility Zones regarding the
guidelines for how many houses are in a strip and where staff came up with the number when they
developed the matrix. Mr. McCormick said he believes it came from the aviation division of Washington
Department of Transportation (WDOT). He said he doesn't think they used any federal regulations.
Councilmember Gothmann said he thinks it was reviewed by the FAA. Mr. Kuhta said the Growth
Management Act requires the Comprehensive Plan and regulations get sent through the WDOT Aviation
for approval. Councilmember Gothmann said the regulations are based on safety, not noise, to maintain a
safe environment for the residents. No Changes.
19.110.040 Pipeline Hazard Overlay
Deputy Mayor Taylor would like staff to clarify the types of lines this section deals with — whether major
distribution lines and /or individual home or business distribution lines. Mr. McCormick said staff will
clarify the language. Mayor Wilhite asked if it only refers to gas pipelines. Mr. McCormick said he
believes this refers to more than just the gas pipelines. Councilmember DeVleming said they need
clarification from staff and if it is a more broad definition, Council will need to have more discussion.
Deputy Mayor Taylor asked if the easement distance for major lines at 1000 feet is a standard distance.
Mr. McCormick said staff will clarify the language, address the Avista letter, and bring information back
to Council.
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Approved by Council: 09 -11 -07
Deputy Mayor Taylor asked if #7 is dealing with major transmission lines or if distribution lines are
included as well. Mr. McCormick said this refers only to the large transmission lines, but he will clarify
the language. No Changes.
19.120 Permitted and Accessory Uses No Changes.
19.130 Site Plan Review
19.130.010 Site Plan Review No Changes.
19.130.020 Applicability No Changes.
19.130.030 Criteria No Changes.
19.130.040 Site Plan Requirements No Changes.
19.130.050 Process No Changes.
19.140 Administrative Exceptions
19.140.010 Purpose
Deputy Mayor Taylor asked if "one foot" as specified in #1 is the industry or government standard. Mr.
McCormick said one foot is the standard used in all the design codes he has seen. No Changes.
19.140.020 Approval Criteria
Deputy Mayor Taylor asked if they need to add "or designee." Mr. Driskell said that language is
addressed in Definitions. No Changes.
19.140.030 Process No Changes.
19.150 Conditional Use Permits
19.150.010 Purpose and Intent No Changes.
19.150.020 Permit Classification No Changes.
19.150.030 Conditions and Requirements No Changes.
19.160 Temporary Use Permits
19.160.010 Purpose and Intent No Changes.
19.160.020 Permit Classification No Changes.
19.160.030 Temporary Use — Types No Changes.
19.160.040 Conditions No Changes.
19.170 Variances
19.170.010 Purpose No Changes.
19.170.020 Permit Classification No Changes.
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Approved by Council: 09 -11 -07
19.170.030 Decision Criteria
Deputy Mayor Taylor asked if this section relates to giving the hearing examiner direction for project
approval. Mr. McCormick said every variance has to meet each of these criteria before it will be approved
by the hearing examiner. No Changes.
Lot Zones Revisited
Councilmember DeVleming asked if the only way to limit the amount of rezones going before the hearing
examiner is to define what each zone means in terms of houses permitted per acre. City Manager Mercier
said Council may want to have a quantifiable definition for lot sizes as opposed to having one with
flexibility and latitude. Mr. McCormick said policy direction does not currently match up with the
conversation Council is having at the table and if the policy direction has changed, it would warrant a
change in the Comprehensive Plan. Mr. McCormick said there will not be an uprising in the community if
this is not addressed in the UDC; however, currently there is no criteria in place for the hearing examiner
or staff to make a decision or recommendation of denial in rezoning. Staff brought these criteria forward
to help evaluate the rezone requests and to have them meet a certain standard. Mr. Kuhta said if we have
the four residential zones, we then have to determine how to zone the different vacant areas for in -fill
development. He said the goal in our policy is to preserve and protect the character of existing
neighborhoods, to encourage in -fill development and flexibility and innovation in design.
Councilmember Munson asked if the City will cluster development like the County does. Mr. McCormick
said this is addressed in the PRD criteria. Mr. Kuhta said clustering typically happens in rural areas and
their objective is to cluster rural development on smaller urban sized lots so they can be converted to
urban later, the others are in natural lands and rural conservation areas. Councilmember Munson asked
that the legal department work with staff regarding language to include up- zoning criteria and that they
also discuss these criteria with the hearing examiner to see that what they've developed sets the
groundwork for limiting up- zoning. Deputy Attorney Driskell said we already have the draft language and
said it is well -known and well - defined for the hearing examiner. Councilmember Munson asked for
written language that addresses the up- sizing to help limit the rezones. Mr. Kuhta said the problem the
hearing examiner has with requests for up -zones is that currently the requests meet the criteria in the
Comprehensive Plan. He said staff has talked about refining the low- density residential into different
Comprehensive Plan categories, similar to what they have done in the commercial zones. Mr. Kuhta said
they need to set some zoning criteria now and they cannot wait for amendments to the Comprehensive
Plan later next year. Councilmember Gothmann suggested that Council create uniform up- zoning rules.
Mr. McCormick said the criteria established will help limit up- zoning, but will not eliminate it.
Mayor Wilhite called for a break at 7:50 p.m. The meeting reconvened at 7:55 p.m.
Appendix 19 -A Schedule of Permitted Uses
Deputy Mayor Taylor asked for a breakdown of the matrix. Mr. McCormick explained the Planning
Commission used the North American Industry Classification System (NAICS) standards in putting
together the matrix for permitted uses. Councilmember Munson asked why staff didn't address Mr.
Miller's questions. Mr. McCormick said the same information was given to the Planning Commission and
they took his comments into account. He said the area Mr. Miller is referring to is not appropriate for 1 -2
zoning and is more suitable to mixed -use zoning. Mayor Wilhite said she thought he was referring to I -1
for technology and low- impact industries and asked if those types of businesses could go into an area like
Pinecroft. Mr. McCormick said that depending on the type of business, they could work there.
Councilmember Munson asked if a college that teaches engineering and mechanics would be allowed as a
permitted use in I -1 or I -2. Mr. McCormick said it is not permitted. Councilmember Denenny said he
doesn't want everything allowed in the mixed -use zone to be allowed in I -1 and I -2, as requested by
Pinecroft. Councilmember Munson asked that Council look at the Pinecroft requests in regard to the
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Approved by Council: 09 -11 -07
matrix to see if they are reasonable. Mr. McCormick encouraged Council to consult the zoning district
and the purpose of that district as they question the permitted uses within that zone to help frame the
purpose of the uses.
It was the consensus of Council to schedule an additional meeting on Monday, August 27, 2007 at 6:00
p.m. to discuss the permitted use matrix. Councilmember DeVleming said he doesn't want to spend too
much time on the matrix when there is still so much of the code to go through. Councilmember Munson
said the matrix will shape how businesses are developed in the Valley. Deputy Mayor Taylor asked if the
issues brought up in the Pinecroft letter are valid and if Council and staff can answer his questions. Mr.
McCormick said staff will look into the letter from Pinecroft and give Council feedback at next Monday's
meeting.
Mayor Wilhite said Council will start Title 22 discussion on Tuesday, August 21, 2007. Mr. McCormick
said he is hopeful the zoning map recommendations will be completed by the Planning Commission on
Thursday.
The public hearing is scheduled for August 28, 2007 at Centerplace.
Mr. McCormick said staff will look at the section discussing kennels, the permitted uses identified by
Avista, and fine -tune the inconsistencies identified within some of the text as requested by Council. City
Manager Mercier said he thought there would be a public hearing on Tuesday, August 28th and again on
Tuesday, September 1 lth. He said if Council makes a substantive change to the UDC, they need to have
another public hearing according to procedure. Mr. Kuhta said they also need to draft a document that
includes the changes of the Council before they have that public hearing.
The meeting adjourned 8:33 p.m.
ATTEST: Lf-AAA.
Carrie Acosta, Deputy City Clerk
6-1--
Lumk&W:Gkitte____-
Diana Wilhite, Mayor
Council Minutes: 8 -20 -2007 Page 6 of 6
Approved by Council: 09 -11 -07