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2025-02-13 PC APPROVED SIGNED MINUTESRegular Meeting Minutes Spokane Valley Planning Commission Spokane Valley City Hall February 13, 2025 I. Chairman Robert McKinley called the regular meeting to order at 6:02 p.m. The meeting was held in person and via ZOOM meetings. Due to a technical issue, a brief ten-minute break was called at 6:02 p.m. The meeting was called back to order at 6:12 p.m. The Commissioners and staff stood for the Pledge Of Allegiance. II. Administrative Assistant Marianne Lemons took attendance, and the following members and staff were present: Michael Kelly Bob McKinley Emily Meyer John Robertson Justin Weathermon, absent Ann Winkler Dan Wilson Tony Beattie, Deputy City Attorney Steve Roberge, Planning Manager Jenny Nickerson, Building Official Justan Kinsel, IT Specialist Marianne Lemons, Administrative Assistant There was consensus from the Planning Commission to excuse Commissioner Weathermon HI. AGENDA: Commissioner Kelly moved, and it was seconded, to approve the meeting agenda for February 13, 2025. There was no discussion. The vote on the motion was six in favor, zero opposed, and the motion passed. IV. MINUTES: Commissioner Wilson moved, and it was seconded, to approve the meeting minutes for the January 23, 2025, meeting. Commissioner Winkler noted a Scribner's error on the date. It should be written as January 23, 2025. The vote on the motion was six in favor, and the motion passed. V. COMMISSIONER REPORT: Commissioner Winkler reported that she attended the Spokane County meeting on February 12, 2025, to see their process of the Comprehensive Plan Update. VI. ADMINISTRATIVE REPORT: Planning Manager Steve Roberge reported that the City Council will be considering a contract for planning services related to the Comprehensive Plan Update at their next Council Meeting. The scope of work and work program will be brought to the Planning Commission. He also stated that the Department of Commerce will give a presentation at the next meeting regarding Climate Change updates. 02.13-2025 Planning Commission Minutes Page 2 of 4 VII. PUBLIC COMMENT: There was no public comment offered. VIII. COMMISSION BUSINESS: a. Public Hearing: CTA-2024-0002 — Right -Of -Way (ROW) Permits The public hearing was open at 6:20 p.m. Deputy City Attorney Tony Beattie gave a staff presentation. He explained that ROW permits are licenses to conditionally utilize the ROW or allow construction activities therein. ROW permits are processed mostly by the City's Traffic Engineer team, often requiring coordination with other uses, and proper conditions such as traffic plans to ensure safety and reduce risk to the City and the general public. They also require adherence to the City's adopted street standards and pavement cut policy. They are typically processed in two to three days. Mr. Beattie stated that ROW permits are currently processed as Type 1 permits pursuant to Chapters 22.130 and 17.80 Spokane Valley Municipal Code (SVMC) which is related to Development Regulations. Staff feels that they should not be processed under this code because ROW is not private property, and the public does not have the "right" to obstruct the public ROW. However, the City can grant a license or permit to allow the public to obstruct or work in the ROW for a short period of time. Mr. Beattie said that staff feels that since ROW permits are not land use or development regulations related to use of private property, they would be better suited in Title 9 of the SVMC related to "Vehicles and Traffic.". Mr. Beattie also noted that staff proposed to repeal Section 22.130.090 regarding Conditional Use Permits (CUP) because it is not relevant to current processes because staff processes all CUP applications as Type III permits that require a hearing in front of the Hearing Examiner. Staff also proposed to remove exemption language from the code related to "normal" maintenance and repair because the word normal can be broadly interpreted by the ROW applicant. Mr. Beattie noted that a Study Session was held on December 12, 2024, and the Findings of Fact outlining the recommendation of the Planning Commission will be held on February 27, 2025. It will then be forwarded to the City Council for consideration and approval. He also explained that the adoption of the new code section in Title 9 will also be presented to the City Council for consideration as well. Commissioner Kelly asked if this new code would make the more process better or more onerous for the public to get ROW permits. Mr. Beattie responded that he feels it will make the process clearer and provide clarity regarding exemptions that exist. Building Official Jenny Nickerson commented that the clarity changes will give the staff fewer opportunities to misinterpret the intent of the regulations and more opportunities for the vehicles and traffic regulations that exist within the Code and are enforceable by law enforcement to all be housed within one central location in the Code to make enforcement and permit approval easier. Commissioner Kelly asked about the revisions to Title 9 and when they would be reviewed by the Planning Commission. Building Official Jenny Nickerson responded that Title 9 is not related to 02-13-2025 Planning Commission Minutes Page 3 of 4 development regulations so that amendment will be considered solely by the City Council for adoption. Mr. Beattie explained that the Planning Commission reviews Code Text Amendments related to SVMC Titles 17-24 which pertain to Development Regulations. All other titles are reviewed by the City Council. Commissioner Wilson asked how many ROW permits are typically issued each year. Building Official Nickerson answered that there were 1100 permits issued in 2024. Commissioner Kelly asked for additional details regarding the removal of the exemptions in the code. Ms. Nickerson responded that there have been some instances in the past where dangerous work has been performed in the ROW where enforcement has had to get involved (either law enforcement or code enforcement). The exemptions have been used as the violators' defense against any action taken against them for the violation. Commissioner Meyer asked if the violators are typically commercial businesses or residential homeowners. Ms. Nickerson answered that the complaints usually stem from professional contractors doing work at private homes. The new language that will be presented to the City Council will include language that will increase homeowners' ability to maintain their landscaping that is not part of the traveled roadway or sidewalk. The language will also address the dangerous/ emergency situations and allow more flexibility for homeowners to do work without being in violation of the code. Commissioner Robertson asked when the new language will be submitted to the City Council for review and consideration. Mr. Beattie answered that he hopes it will be submitted by the end of March or beginning of April 2025. Chairman McKinley asked for public comment. There was no public comment offered. The public hearing was closed at 6:52 p.m. Commissioner Wilson moved, and it was seconded, to recommend approval of CTA-2024-0002 regarding Right -Of -Way permits to the City Council. There was no discussion. The vote on the motion was six in favor, zero opposed, and the motion passed. b. Presentation: Department of Commerce Presentation on Housing Planning Manager Steve Roberge introduced Lilith Vespier (Infill Housing Manager), and Laura Hodson (Housing and Planning Data Manager) with the Washington Department Of Commerce. They gave a presentation regarding the Growth Management Act (GMA) Housing Element and Regulations Overview. The Planning Commission offered a lot of comments and asked a lot of questions to ensure that the Commission was looking out for the citizens of Spokane Valley. IX. GOOD OF THE ORDER: There was nothing offered for the Good Of The Order. 02-13-2025 Planning Commission Minutes Page 4 of 4 X. ADJOURNMENT: Commissioner Wilson moved, and it was seconded, to adjourn the meeting at 8: 24 p. m. The vote on the motion was six in favor, zero opposed, and the motion passed. Bob McKinley, Chainnan Date Signed Marianne Lemons, Secretary