Minutes - 07/22/2010 Spokane Valley Planning Commission
APPROVED Minutes
Council Chambers — City Hall, 11707 E. Sprague Ave.
July 22, 2010
L CALL TO ORDER
Chair Carroll called the meeting to order at 6:00 pm.
IL PLEDGE OF ALLEGIANCE
Commissioners, staff and audience stood for the pledge of allegiance
IIL ROLL CALL
Commissioners Carroll, Mann, Sands, Sharpe (nere at 6:10) and Woodard were present.
Commissioners Eggleston and Hall were absent.
Staff attending the meeting: Kathy McClung Community Development Director, Greg
McCormick, Planning Manager; Christina Janssen, Assistant Planner; Deanna Griffith,
Administrative Assistant
IV. APPROVAL OF AGENDA
Commissioner Carroll requested that CTA-07-10 be heard before CTA-OS-10. It was moved
by Commissioner Sands, seconded and unanimously agreed to approve the July 22, 2010
agenda as amended.
V. APPROVAL OF MINUTES
It was moved by Commissioner Sands and seconded to approve the minutes from the May 13,
2010 as presented.
VL PUBLIC COMMENT
There was no public comment.
VIL COMMISSION REPORTS
Commissioner Woodard stated he had been attending Council meetings and the Council retreat
as well as the Neighborhood Centers Community meeting, Commissioner Carroll reported he
had attend the Council meetings and encouraged others to do the same.
VIIL ADMINISTRATIVE REPORTS
Director McClung reported on the Council budget retreat. Commissioner Carroll asked what
had happened to the amendment regarding the SCARPS contract and the number of allowed
cats and dogs. Director McClung stated that the subj ect was still in the legal department for
review.
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IX. COMMISSION BUSINESS
A. New Business: Public Hearing —Code Text Amendment CTA-07-10 Assistant Planner
Christina Janssen:
Assistant Planner Christina Janssen made a presentation to the Commission stating that
she would be presenting two proposed amendments to the Sprague and Appleway
Subarea Plan. Ms. Janssen reminded the Commissioners that this amendment had come
before them on June 24 but the Commissioners had sent it back to staff for further
information. Ms. Janssen stated that the amendment had been renumbered and is now
referred to as CTA-07-10. This amendment would allow vehicle sales in the Mixed Use
Avenue zone. Ms. Janssen stated that CTA-OS-10 was nearly identical to the first
amendment. CTA-OS-10 is a privately imitated amendment that would allow vehicle and
boat sales in the Mixed Use Ave zone. Asst. Planner Janssen also stated that since the
packets were mailed the week before the meeting the language for both amendments had
been changed but that the new language had been provided to the members at the
beginning of the meeting.
Ms Janssen stated that she would first address CTA-07-10 the staff initiated amendment
and provide the information that the Commission was requesting from the last meeting.
• Opinion from legal as to legality of separating vehicle sales from other types of
recreational vehicle sales — Ms .Ianssen has provided a copy of the email from the
City Attorney Connelly, if you can provide a substantive reason for why you are
separating vehicles from boats or other recreational vehicles you are allowed to do
that. Ms. .Ianssen also stated that boat sales are listed separately from vehicle sales
in the use matrix under Title 19 of the municipal code. There would be precedence
for doing this.
• How other jurisdictions define vehicles, recreational vehicles — Ms .Ianssen stated
not every other jurisdiction provided a definition for vehicles and recreational
vehicles including our own municipal code, which does not provide a definition for
vehicles. In all of the codes that did have a definition for recreational vehicles it
referred to living quarters in some fashion, inferring that they were talking about
motor homes, campers, none of the codes reviewed provided a definition for
watercraft or boats of arry kind.
• How does the department of motor vehicles classify vehicles. Ms .Ianssen said that
the Dept. of Motor T�ehicles does not differentiate between cars and boats. The only
difference is the price they charge for that license. Ms .Ianssen reminded the
members that Mr. Richard Behm had stated at the last meeting that the only
difference is how they license the dealers.
Ms Janssen stated that the language change presented at the last minute is to align the
language to what is already written in the Gateway areas that allow vehicle sales already,
to maintain the consistency of the code. Ms. Janssen reviewed the requirements for
obtaining a Conditional Use Permit (CUP), and although it is rare, a conditional use
permit can be denied.
Ms Janssen then stated she would review CTA-OS-10. This is a privately initiated text
amendment requesting that vehicle and boat sales be allowed in the Mixed Use Ave zone.
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This amendment proposes to remove the prohibited uses section and add a conditional
uses section and list vehicle sales and boat sales under that designation.
Commissioner Woodard inquired as to the cost of a conditional use permit. ($840.00)
Commissioner Woodard also wanted to know if it was possible to approve one
amendment and deny the other if one was more comprehensive than the other. Mr.
McCormick clarified that it was possible to do that since they were two separate actions
not dependant on each other, although they were similar. Commissioner Sands wanted to
know if one use could be conditional but the other would not be, but the reasoning would
need to be specific and be a part of the findings. Commissioner Carroll wanted to know
if service departments were allowed as we1L Ms. Janssen stated that the language had
been copied from the Gateway area and it says `sales and service', the service
departments have to be ancillary to the sales department.
Commissioner Carroll opened the public hearing at 6:23 and public testimony at 6:25
Todd Whipple, Whipple Consulting Engineers: Mr. Whipple stated he was appearing on
behalf of Harlan Douglass, who owns 24 properties in the Subarea Plan area. Mr.
Whipple stated he had not seen the language for CTA-07-10 until today. Mr. Whipple
stated he is here in support of the privately initiated amendment of CTA-OS-10. Mr.
Whipple stated that if the Planning Commission would like to approve CTA-07-10 he
would consider withdrawing CT-OS-10 until such time that CTA-07-10 passes all the way
through the Council process. Mr. Whipple stated that he felt Ms. Janssen explained the
conditional use permit fairly well, he had never seen a conditional use denied out right
but had seen them denied through mitigation issues.
Commissioner Sands made a motion to recommend denial of CTA-04-10 to the City
Council, second by Commissioner Mann. Vote by Show of Hands: In Favor: Five
Opposed: Two. Sharpe, Woodard, Abstentions: None. Motion fails
X. GOOD OF THE ORDER
There was nothing for the good of the order.
XL ADJOURNMENT
The being no other business the meeting was adjourned at 7:44 p.m.
SUBMITTED: APPROVED:
Deanna Griffith, Administrative Assistant John G. Carroll, Chairperson
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