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Minutes - 11/18/2010 Spokane Valley Planning Commission I APPROVED Minutes Council Chambers — City Hall, 11707 E. Sprague Ave. November 18, 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, Hall, Mann, Sharpe and Woodard were present. Commissioners Eggleston and Sands were absent. Staff attending the meeting: Scott Kuhta, Planner Manager; Gary Schimmels, Deputy Mayor; Dean Grafos, Councilmember; Deanna Griffith, Administrative Assistant IV. APPROVAL OF AGENDA Commissioner Woodard made a motion which was seconded and unanimously approved to accept the November 18, 2010 agenda as presented. V. APPROVAL OF MINUTES Commissioner Mann made a motion which was seconded and unanimously approved the October 14, 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. VIIL ADMINISTRATIVE REPORTS Planning Manager Scott Kuhta stated that upcoming on the Commission agenda would be a study session on a proposed Adult Entertainment Amendment along with the public hearing on the Emergency Comprehensive Plan Amendment that is on the agenda this evening. In January, staff is expecting proposals for an amendment regarding allowing chickens in residential areas and the regular Comprehensive Plan Amendments. It was also noted that Mr. Kuhta has received the promotion to Planning Manager to officially fill the position vacated by Greg McCormick in September of this year. IX. COMMISSION BUSINESS A. New Business: Study Session — Emergency Comprehensive Plan Amendment ECPA- 01-10 Planning Manager Kuhta made a presentation to the Commission regarding the Emergency Comprehensive Plan Amendment, ECPA-01-10. Mr. Kuhta explained the City Center District zone of the Subarea Plan and the corresponding parts that would be deleted in this 11-18-10 Planning Commission Minutes Page 1 of 4 proposed amendment. The proposed amendment is to replace the City Center designation with a Mixed-Use Avenue designation everywhere it exists in the Subarea Plan. Mr. Kuhta stated some of the basic differences in the two areas but it would be a simple replacement of one zone for another. The Chair asked for Mr. Mike Connelly to explain the extra materials that had been handed out to the Commissioners at the beginning of the meeting. Mr. Mike Connelly, consultant attorney for the City stepped to the podium to discuss the proposed emergency amendment. Mr. Connelly stated that there are two ways to change the Comprehensive Plan, one through the annual process and one through being able to declare an emergency and process it outside of the normal time frame. Mr. Connelly stated that in the case at hand the Council has sent this to the Planning Commission for consideration outside of the normal time frame based on the following reasons: a. Sales tax revenue is down by a significant percentage b. Property taxes are expected to be reduced significantly c. REET taxes for capital projects will be reduced by more than $1M d. City has stopped negotiation for property for a city hall and any capital improvements in this area. It has also reduced the City Hall fund to pay for street improvements in other areas. These are the reasons the City is relying upon to support the Emergency Amendment. The City was going to be a catalyst for development and it appears that it's not happening. The documents that were provided to the Commission in order for them to understand what the original motion from council was and what the Commission is being asked to consider, along with supporting information that Mr. Connelly had provided to Council previously about an emergency amendment. Mr. Kuhta stated that he has received a phone call from Dee Caputo, from the Department of Commerce (formerly CTED, Growth Management Services) stating that she did not have time to send a letter in, but asked that Mr. Kuhta forward the Dept. of Commerce's concerns, specifically the nature of the emergency. It is not very specific in the act, there is not much case law on it, as Mr. Connelly as stated, though the WAC does not provide any more guidance as to what constitutes an emergency; however the Dept. of Commerce did want this message to express their concerns by diluting what would constitute an emergency. Mr. Connelly added that there should be a bit of perspective on the statement from the Dept of Commerce, stating that the local jurisdictions have been a bit covetous of their ability to declare an emergency when they feel, in their minds, it is appropriate. Jurisdictions have resisted the State's efforts to define that for them, and at least up until now, the courts have respected that. Commissioner Mann asked if this amendment were passed, would the result be an economic upswing. Mr. Connelly stated that was the hope. Mr. Mann asked if there were businesses waiting for this amendment to pass and Mr. Connelly responded that he did not feel that it would be appropriate to look at the amendment in that perspective. This would be considered a legislative change to a zoning district and he did not feel it was appropriate to make a legislative change for one property owner. He was aware that some of the uses that were not currently allowed in the City Center had been discussed but other than that he 11-18-10 Planning Commission Minutes Page 2 of 4 did not feel that single property owners should be a topic for discussion for this amendment. Commissioner Woodard asked if during the public hearing, could the recommendation be to scale down the City Center area, would deleting this from the Subarea Plan impair us from declaring a City Center at that area or any other area in the city in the future? Mr. Kuhta stated that this action definitely would not limit the ability to declare a City Center in this area in the future or in another place in the City. There are changes that can be made to the proposal but it is limited to the scope allowed in the amendment. Commissioner Sharpe asked if there was a time frame that the Council was looking at to get this amendment passed. Mr. Kuhta stated that there were no specific dates pending on this amendment. Commissioner Carroll asked that if the private money was to follow public money and there is to be no public money, then did the City create its own emergency.. He also said that an emergency indicates a time criteria, what would be the time criteria? Mr. Kuhta stated what the time criteria would be at this time. Would the City Center benefit the City or would the Mixed Use Avenue be a better zoning designation to help the corridor at this time? Commissioner Hall asked what the differences were between the Mixed Use Avenue designation and what was allowed previously under the County designation. Mr. Kuhta responded stating that they were very similar but the previous zoning allowed for more retail entitlements. The Commissioners asked that the hope here is to try and resolve some of the economic issues that have occurred in this area and were asking for verification. Mr. Kuhta did concur that r����� .���r�,���,x�ti:�-����,Y�-� �r���,r���Yxti���-�-testimony has been �iven that the Subarea Plan has hurt the corridor and that if the Commission feels that this amendment would help the issue then that should be considered in the recommendation. Commissioner Hall asked if the chan�e would still satisfy the over all idea of the Comprehensive Plan, iust doin� it in a different manner, than the specific City Center zoning. Mr. Kuhta answered that the intent of the Subarea Plan was to indentify a City Center so there is a bit of a conflict there that we don't have a Citv Center identified, but in the lon� term it does not eliminate the possibilitv of another Citv Center develo�inu� somewhere else, or plannin� for one. X. GOOD OF THE ORDER Commissioner Woodard asked if the public hearing for Comp Plan Amendment would be the only thing on the agenda at the next meeting. Mr. Kuhta explained that there would be a study session on an Adult Entertainment Amendment and the election of officers for the next year for the Commission. XL ADJOURNMENT There being no other business the meeting was adjourned at 6:34 p.m. SUBMITTED: APPROVED: 11-18-10 Planning Commission Minutes Page 3 of 4 Deanna Griffith, Administrative Assistant John G. Carroll, Chairperson 11-18-10 Planning Commission Minutes Page 4 of 4