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Minutes - 02/11/2010 Spokane Valley Planning Commission APPROVED Minutes Council Chambers — City Hall, 11707 E. Sprague Ave. February 11, 2010 L CALL TO ORDER Chair Carroll called the meeting to order at 6:03 pm. IL PLEDGE OF ALLEGIANCE Commissioners, staff and audience stood for the pledge of allegiance IIL ROLL CALL Commissioners Carroll, Hall, Mann, Sands and Woodard were present. Commissioners Eggleston and Sharpe were absent. Staff attending the meeting. Kathy McClung, Community Development Director; Mike Basinger, Senior Planner; Christina Janssen, Assistant Planner; Karen Kendall, Assistant Planner; Martin Palaniuk, Planning Technician; Inga Note, Senior Traffic Engineer; Deanna Griffith, Administrative Assistant. IV. APPROVAL OF AGENDA It was moved by Commissioner Mann, seconded and unanimously agreed to accept the January 28, 2010 agenda as presented. V. APPROVAL OF MINUTES There were no minutes to approve. VL PUBLIC COMMENT There was no public comment. VII. COMMISSION REPORTS Commissioner Hall reported he had attended the Planning Short Course and found it very beneficiaL Commissioner Sands reported she attended the City Council meeting and had gotten up to show Council her support of past Commission actions, she attended the Shoreline Master Program Open House as well as the Planning Short Course. Commissioner Woodard reported he attended the Shoreline Master Program Open House as well as the Planning Short Course. Commissioner Mann joined in stating he also attended the Short Course and Shoreline Open House. VIIL ADMINISTRATIVE REPORTS Director McClung reported that she had attended the Council retreat and that the department will have a lot to work on based on topics that were discussed, including zoning issues. Upcoming will be a joint study session with the City Council on March 2 regarding the Shoreline Master Program. 02-11-2010 Planning Commission Minutes Page 1 of 4 IX. COMMISSION BUSINESS A. New Business: Public Hearing — CTA-08-09 Code Amendments: Planning Technician Marty Palaniuk made a presentation regarding the code amendment. Mr. Palaniuk explained each of the proposed changes: • Chapter 17.80, Permit Processing Procedures — Amend Table 17.80-2, Permit Type and Land Use Application to require pre-application conferences for commercial building permits. • Chapter 22.70.020 (A), General provisions, Fencing — Remove language in order to restrict the height of fencing placed in the required front yard of all residential, commercial, mixed use and industrial lots. • Chapter 22.70.020 (B), General provisions, Fencing — Consolidate language regulating fencing height in all zoning districts. Allow fence heights of up to eight feet in any zoning district. • Chapter 22.70.020 (C) (1) General provisions, Fencing, Clearview Triangle — Refine the definition of an Uncontrolled Intersection. Replace City traffic engineer with City's designated traffic engineer to allow more fle�bility when staffing clearview triangle issues. Reverse the illustrations to correctly match the preceding illustration. • Chapter 22.70.020 Table 22.70-1 Two Way Stop Controlled Intersection — Correct the title and correct the distance in feet. • Chapter 22.70.020 (D) General provisions, Fencing, Exemption from Clearview requirements — Required trees to be living, added retaining walls under 30 inches or in existence prior to October l Oth, 2004, added structures other than fences and signs, added the intersection of two private streets. • Chapter 22.70.020 (E) General provisions, Fencing — Eliminated this section of language restricting fence height as it is now restricted in Section 22.70.020 (B). • Chapter 22.70.020 (E) General provisions, Fencing — Changed from section F to section E. Barbed, razor or concertina wire is allowed in mixed-use, commercial and industrial zones absent a residential component or when not adjacent to a residential use or zone. The use is restricted to the upper one-quarter of the fence. Barbed, razor and concertina wire are not allowed in residential zones. • Chapter 22.70.020 (F) General provisions, Fencing — Changed from section G to section F. Chapter 22.70.020 (G) General provisions, Fencing - Added provisions allowing the use of electric and barbed wire for confining animals in a residential district. This code amendment corrects omissions in Table 17.80-2 that allow a commercial building permit without a pre-application meeting. Currently fences of up to eight feet are allowed in the required front yards of all nonresidential lots. Additionally the code does not clearly address the use of barbed, razor and concertina wire in residential and nonresidential zones. Proposed amendments to 22.70 restrict fence heights in front yards, provide clarification and restrictions on the use of barbed, razor and concertina wire in all zones. Errors were found in the text and illustrations found in the section addressing clearview triangles. The proposed amendment corrects errors and omissions to clearview triangle illustrations and text and adds exemptions to the application of the clearview triangle requirements. Commissioner Woodard asked if fencing and vegetation would be required to be moved if the new code was adopted. Structures would be considered legal non-conforming however vegetation could be required to be removed if it was in the clearview triangle. 02-11-2010 Planning Commission Minutes Page 2 of 4 Mr. Palaniuk stated that these changes were not substantive however the regulations have already been in effect for three years. Inga Note, Sr. Traffic Engineer addressed some of the Commissioners concerns stating that the County had these regulations before incorporation. The County had larger standards than what the City currently has in effect. Regarding the pre-application conference there was a question about the fee, the fee is $250.00 but it is applied to building permit when the citizen comes in and applies after the conference. Commissioner Sands asked if removing the verbiage for residential purposes could be causing more problems based on businesses that have fences along the roads to protect equipment or patrons, is it appropriate for all applications. Staff responded that the main reason for having the regulation is not to obstruct a neighboring business. Commissioner Mann wanted to know if an accident occurs and it is determined the clearview triangle was a contributing factor would the City be liable for not enforcing the code or the property owner for not complying with the code. Staff indicated that it could be a combination of things however an engineer will use what standard is in place and make a judgment based on all factors. There was a discussion about non-conforming structures. Chair Carroll opened the public hearing at 6:33 p.m. Seeing no one who wished to testify the Chair closed the public hearing at 6:33 p.m. Commissioner Sands made a motion to adopt the finding which as seconded passed unanimous. Commissioner Woodard made a motion to recommend approval of CTA-08-09 to the City Council. This motion was seconded and passed to unanimous. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried B. New Business: Public Hearing — CTA-Ol-10 Code Amendment regarding second- hand and consignment stores in an I-1 zone: Assistant Planner Karen Kendall made a presentation to the Commission regarding this privately initiated code amendment. This amendment would allow consignment or second-hand stores in a light industrial area with three conditions, one single tenant, the store front must be on an arterial and not less than 15,000 sq ft. There was discussion regarding allowing more than one tenant and discussion regarding traffic. This amendment would not prohibit one tenent and renting out spaces on the inside like an antique mall. Chair Carroll opened the public hearing at 6:40 p.m. Dwight Hume, 9101 N. Mt. View Lane: Mr Hume stated he was the proponent of the proposal, he has no issues with the modifications made to the original proposal, and that he appreciates the support from the staf£ Commissioner Carroll asked Mr. Hume for the rational regarding wanting to locate a second-hand store in an industrial zone, Mr. Hume responded that it had to do with the rental rates Seeing no one else that wished to testify, Chair Carroll closed the public hearing at 6:41p.m. Commissioner Sands made a motion to recommend approval of CTA-01-10 to the City Council. This motion was seconded and passed unanimously. Commissioner Woodard made a motion to approve the finding as presented by staff. This was seconded and approved unanimously. C. New Business: Study Session Comprehensive Plan Amendments: Senior Planner Mike Basinger and Assistant Planner Christina Janssen reviewed with the Commissioners the upcoming Comprehensive Plan Amendments. 02-11-2010 Planning Commission Minutes Page 3 of 4 • CPA-01-10 — Privately initiated amendment located on the NE corner of Park and Broadway. Change from LDR to NC. • CPA-02-10 —City initiated amendment on DOT property located just north of Sullivan park Change from Parks and Open Space to I-2. Correcting a mapping error. DOT approached the City regarding the mapping error. • CPA-03-10 — City initiated amendment at the Industrial Park. Two parcels behind someone that were listed as Community CommerciaL Change from Community Commercial to I-2. Correcting a mapping error. Match the uses on the ground. • CPA-04-10 - Chapter 2 Land Use: add language to support Development agreements, update citizen survey information, implement polity language to supplement policy language, supplement e�sting goals to support acquiring open space, publicizing the community's heritage and encouraging connecting neighborhoods. Update Land Use map 2.1 to reflect map changes. • CPA-OS-10 - Chapter 3 Transportation: Incorporate Bike Master Plan and bike facilities constructed in the 2009 development cycle; update Arterial Street Plan to include Conklin and Indiana reclassifications; incorporate Local Access Street Plan; and implement policy language to supplement existing goals; • CPA-06-10 - Chapter 4 Capital Facilities. Update the 6-year TIP, update LOS, update the growth assumptions, water conservation, recycling, limiting harmful chemicals, • CPA-07-10 — Chapter 7 Economic Development Updated development activity, goals and policies to encourage local businesses to support living wages, efficient practices, clean technologies • CPA-08-10 — Chapter 8 Natural Environment: language to protect aquifer, ground water, priority habitat species, update for the shoreline Master Program. Mr. Basinger then explained that the next meeting would hold a public hearing and how the Commissioners would forward recommendations to the City Council X. GOOD OF THE ORDER Chair Carroll stated he had spoken to Commissioner Eggleston regarding attendance and that they agreed that they would revisit the subject after the end of the ne�t month. XL ADJOURNMENT The being no other business the meeting was adjourned at 7:25 p.m. SUBMITTED: APPROVED: Deanna Griffith, Administrative Assistant John G. Carroll, Chairperson 02-11-2010 Planning Commission Minutes Page 4 of 4