Minutes - 10/14/2010 Spokane Valley Planning Commission
APPROVED Minutes
Council Chambers — City Hall, 11707 E. Sprague Ave.
October 14, 2010
L CALL TO ORDER
Chair Carroll called the meeting to order at 6:03 p.m.
IL PLEDGE OF ALLEGIANCE
Commissioners, staff and audience stood for the pledge of allegiance
IIL ROLL CALL
Commissioners Carroll, Sands, Sharpe and Woodard were present. Commissioners Eggleston,
Hall and Mann was absent.
Staff attending the meeting: Kathy McClung Community Development Director; Scott Kuhta,
Interim Planner Manager, Micki Harnois, Associate Planner; Dean Grafos, Councilmember;
Deanna Griffith, Administrative Assistant
IV. APPROVAL OF AGENDA
Commissioner Sands made a motion which was seconded and unanimously approved to accept
the October 14, 2010 agenda as presented.
V. APPROVAL OF MINUTES
Commissioner Woodard made a motion which as seconded and unanimously approved to
approve the June 24, August 12, August 26 and September 23 2010 minutes as presented.
VL PUBLIC COMMENT
There was no public comment.
VIL COMMISSION REPORTS
Commissioner Woodard reported he had attended the City Council meetings and the
Community Blvd Community Meeting.
VIIL ADMINISTRATIVE REPORTS
Director McClung reported that she had brought forward to the City Council suggestions at
their request as to what could be done with the Sprague and Appleway Subarea Plan, and the
City Council voted to add the Subarea Plan to the docket of the Comprehensive Plan
amendments and remove it completely. Director McClung stated she would be returning on
Oct. 26 with a final request for direction. She also noted that the City Council has also
requested that the City Center zoning district in the Subarea Plan be submitted for an
emergency Comprehensive Plan amendment to change it to Mixed Use Ave zoning to allow
vehicle sales in that area. The Director also stated that the City Council has also requested that
staff and Planning Commission continue to process amendments to the Subarea Plan. Ms.
McClung also reported that the amendment regarding chickens would likely be on the Planning
Commission agenda sometime in January. The Director also discussed a special meeting date
with the Planning Commissioners of November 18, for a study session. This is required due to
the fact that the only scheduled meeting date in November falls on Veteran's day which is a
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City holiday. Commissioners did agree this would work for them. Next regular meeting of
October 28 will be cancelled due to lack of business, the next regular meeting will be Nov.
18, 2010.
IX. COMMISSION BUSINESS
A. New Business: Public Hearing CTA-08-10, Code Amendments for Subarea Plan,
Micki Harnois
Associate Planner Harnois gave a presentation for the Commissioners covering the
proposed amendments to the Subarea Plan. They are as follows:
• Chapter 2.01 (Applicability). Increase the 50% threshold for additions, expansion or
reconstruction of existing buildings to meet the SARP regulations.
• Chapter 2.1.3 (Mixed-Use Avenue District Zone). Amend Chapter 1920.060
(Nonconforming uses and structures) of the Spokane Valley Municipal Code to allow
existing legally established single-family dwellings located in any non-residential
zoning district as a permitted use.
• Chapter 22.7 (Front Street Setback). Clarify setbacks where easements may make the
requirement infeasible.
• Chapter 2.2.8 (Side Street Setback). Clarify setbacks where easements may
make the requirement infeasible.
• Chapter 23.12 (Pre-located Streets). Consider options for street requirements,
specifically the 5-acre requirement.
Chair Carroll opened the public hearing at 6:21 p.m. Commissioner Sands read the rules of
the public hearing.
Dwight Hume, 9101 N Mt. View Lane, looking at the various issues before you tonight I
just wanted to express my opinion of which option of the first item issue #1, I think
increasing the 50% threshold, which is number 2, is my preferred solution. Because I am
thinking of Winco that was shown to you, and that particular proj ect simply wouldn't
happen if these regulations were in place. If you had attended the session about that zone, I
think it was Chuck Simpson that brought up a good point about that site, and the low point
about that site is that Sprague Ave. if it was forced to comply with setbacks and whatnot
and move forward, that also compounded the problem of drainage and what you are going
to do, because it is an uphill battle, pardon the pun but that is what it is. I want to talk
about that in a minute. So I prefer #2 over #4 otherwise redefine new construction as only
an entirely new structure. #2 I support the idea of establishing single family residences,
that was a problem otherwise if they burn down, which are the most probable structures to
burn, you can't replace them. #3 I just talked about drainage, I wish we could incorporate
that language into this. This is acknowledging that the utilities are there and you cannot put
a building on them, and this will allow the build to be whatever the administrator feels is a
reasonable set back from that. But in addition to what was brought up it is an impractical
problem to say buildings have to go all the way up front if there is a low side to the site that
is along one of the frontages, the low side of the site should be recognized as a preference
for drainage rather than require an improvement of another nature. Prelocated streets, I like
that, I like what it is saying on that, support it. Block lengths, support that. I support the
rest of the recommended changes. So drainage is the only lingering issue, that I would like
to see some kind of language brought up. Maybe it has to be another night, there are other
amendments that will be brought up at another time, but it is an civil engineering problem.
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Commissioner Carroll asked Mr. Hume questions regarding impervious surfaces.
Commissioner Woodard asked some clarifying questions of Mr. Hume and his thoughts of
amendments.
Ben Goodmansen, Whipple Consulting Engineers, 2528 N Sullivan Rd. Mr. Goodmansen
stated he would like to speak to the 50% threshold. He stated that some of the clients his
company has have buildings that have been vacant for long periods of time that the
regulations would give another ding for marketing some of those buildings, like the
Albertson's building at Pines and Sprague. Mr. Goodmansen stated that his clients would
like to see that threshold increased above the 50%. Mr. Goodmansen also shared that the
modification to the prelocated streets was preferred. He shared that prelocated streets can
be an issue, explaining that the extension of Mansfield is an example of one prelocated
street that goes through an apartment building. Mr. Goodmansen stated that he felt that
changing the wording on the prelocated streets was positive. Mr. Goodmansen stated that
he also felt that 208 swales were the most economical way to treat stormwater anything
else would escalate the costs of a proj ect which would affect the proj ect viability.
Seeing no one else who wished to testify, Chair Carroll closed the public hearing at 6:30
p.m.
Commissioner Woodard made a motion to recommend approval to the City Council to
modify the applicability section to state 80% threshold for additions, expansions or
reconstruction of an existing building to meet the Subarea Plan regulations. This motion
was seconded by Commissioner Sharpe. Commissioner Woodard stated he felt that the
80% threshold would be more consistent with other parts of the City's code.
Commissioner Sands stated she would be more apt to redefine a new structure, or leave it
to the Director's approval. Commissioner Sands stated that she felt the purpose of the
percentage was to get things moving on the Sprague Appleway Plan. She also stated the
purpose of the plan was to revitalize the whole neighborhood. Commissioner Sands also
stated she understood that there were existing buildings along the corridor, and that it was
not just economic times that cause people to resist tearing down a structure and rebuilding a
new one in its place. She stated that if the City was not going to revitalize the area, then
why bother to change the code at all. Commissioner Sands stated that she felt the area
would change, that things would happen and if the City was not going to be thinking in a
forward manner then we might as well keep it as it is. Commissioner Sharpe stated that
based on the architectural standards it would be difficult to have an existing building meet
the code so he would rather go with new construction. Commissioner Carroll felt that
making a modification to 80% would be alright however, he felt that the percentage should
change 5% by year. He stated the whole purpose was to change the face of Sprague, if
nothing was done to change the face of Sprague Ave. then this whole thing is a moot issue.
Commissioner Carroll stated he understood that economic times were driving the request to
change however he felt that a 5% per year drop would be able to bring about the change
that was being sought in the beginning of the Plan.
Commissioner Carroll made a motion to amend the motion that the 80% would be reduced
each year by 5% until it reached 25%, beginning in the year 2011. Second by
Commissioner Sands. Commissioner Sharpe stated he thought 25% might be too low,
Commissioner Sands reminded the members that the original amount proposed by the Plan
was 10% in order to get the corridor to change, however people felt that was too aggressive
for our community. Commissioner Sharpe shared concerns that anything less than the 80%
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would not be viable in any situation along the corridor, he stated he was either for the 80%
or the all new construction option. Commissioner Woodard stated he shared the same
thoughts, but that moving below a 50% threshold would be unreasonable.
Chair Carroll called for the vote on the amendment to reduce by 5% per year, vote is 2 in
favor, 2 against, motion fails on a tie.
Chair Carroll called for the vote on the original motion, vote is 0 for, 4 against, motion
fails.
Commissioner Sharpe made a motion that new construction would mean and entirely new
structure. Second by Commissioner Woodard. Commissioner Carroll shared that he did
not feel that this was the solution that the Commission was seeking. Mr. Kuhta stated that
if the Commission chose this option that it would mean only new construction would have
to follow the Subarea Plan requirements. Commissioners discussed if this would meet
what they wanted to do.
Chair Carroll called for the question on this motion, vote is 2 in favor and 2 against, motion
fails as a tie.
Commissioner Sands made a motion to amend #3 New Construction to read — new
constriction is defined as an entirely new structure or the reconstruction, remolded or
rehabilitation or an expansion of building costing more than 80% of the assessed or
appraised value of the existing structure and land, where the threshold is 80% and have the
applicant comply with all the regulations within the Subarea Plan that would not require
moving an existing building. Commissioner Carroll seconded the motion. Chair Carroll
called for the vote and the vote was 4 in favor, 0 against. Motion passes.
Commissioner Woodard made a motion to recommend approval to the City Council adding
a section #5 to 19.20.060 — Legally Established Single Family Residences, single family
residences located in a non-residential zoning district shall not be deemed non-conforming
and shall be permitted as a legal use. Second by Commissioner Carroll, Vote on this
motion was 4 in favor, 0 against, motion passes.
Commissioner Woodard made a motion to recommend approval to the City Council that
sections 2.2.7 and 2.2.8 have the following language added `If an existing easement is
located in the required front street setback the Community Development Director has the
discretion to establish a reasonable setback from the outer edge f the easement. Second by
Commissioner Sands. There was discussion regarding adding low side of site as preferred
drainage locations. Mr. Kuhta stated that this issue was not part of the public hearing
notice and could not be added to the amendment at this time. The Chairman called for the
vote which was 4 in favor, 0 against, motion passes.
Commissioner Woodard made a motion to recommend approval to the City Council to
amend the language of 2.1.3.2 Pre-located Streets to reflect potential location and that
actual location will be determined at the time of development. Second by Commissioner
Sharpe. Vote on this motion was 4 in favor, 0 against, motion passes.
Commissioner Woodard made a motion to recommend approval to the City Council to
change 2.3.1.3. of the Subarea Plan from block size to block length. Second by
Commissioner Sharpe. Vote on this motion was 4 in favor, 0 against, motion passes.
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X. GOOD OF THE ORDER
Commissioner Carroll said for the good of the order he would like to thanks the Planning
Commission. Mr. Carroll stated that although some might be discouraged at the moment,
but that the members need to continue to do what they need to do to present their case for the
citizens of the Spokane Valley because we think we should recommend the best we can and
he appreciated that effort.
XL ADJOURNMENT
The being no other business the meeting was adjourned at 6:57 p.m.
SUBMITTED: APPROVED:
Deanna Griffith, Administrative Assistant John G. Carroll, Chairperson
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