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