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PC APPROVED Minutes 03-22-12.pdf Spokane Valley Planning Commission APPROVED Minutes Council Chambers —City Hall, 11707 E. Sprague Ave. March 22, 2012 L CALL TO ORDER Chair Bates called the meeting to order at 6:OOp.m. IL PLEDGE OF ALLEGIANCE Commissioners, staff and audience stood for the pledge of allegiance IIL ROLL CALL Administrative Assistant Griffith read a letter from Commissioner Sands asking to be recused from the Shoreline Master Program. Commissioners Bates, Carroll, Hall, Higgins, Neill, and Stoy were present. Commissioner Sands was absent Council members attended: Councilmember Grafos, Councilmember Grassel Staff attending the meeting: Community Development Director John Hohman, Planning Manager Scott Kuhta, Senior Planner Lori Barlow, Planning Technician Marty Palaniuk. Administrative Assistant Deanna Griffith, Office Assistant Cari Hinshaw, IV. APPROVAL OF AGENDA Commissioner Stoy moved to accept the March 22, 2012 agenda as presented. This motion was approved unanimously. V. APPROVAL OF MINUTES Commissioner Stoy made a matzon to approve the March 8, 2012 minutes as presented. This motion was approved unanimausly. VL PUBLIC COMMENT There were no public comments. VIL COMMISSION REPORTS There were no Commission reports. VIIL ADMINISTRATIVE REPORTS Community Development Director Hohman spoke about the new proposed City Economic Development Committee. He said Council is forming a committee that consists of two Council members, two business representatives and or business owners, two hotel representatives, citizens at large, and youth members between the ages of 16-19. Mr. Hohman was designated the primary City contact for this committee. Applications are due to the city by April 13�h. City Council will be evaluating the applications on Apri124�h. 03-22-12 Planning Commission Minutes Page 1 of 4 Mr. Kuhta reported that on March 22, 2012, Ms. Barlow will be going thru the goals and policies and the Shoreline Advisory Group information. The next meeting, on April 12�h' will be a Public Hearing. Staff will go over the goals and policies and deliberations can continue April 26�h if needed. The entire Planning Commission meeting will be needed for the goals and policies. Outside legal counsel will be here to answer questions from the Planning Commission. IX. COMMISSION BUSINESS A. Unfinished Business: Approval of the Findings, 2012 Annual Comprehensive Plan Amendments: Sr. Planner Basinger stated that the Planning Commission received a corrected copy of the findings. Commissioner Carroll made a motion to approve the #9 and 9b minor changes in the findings and approve the amended findings of the 2012 Annual Comprehensive Plan amendments. The motion was approved unanimously. Commissioner Carroll asked why a statement that had been presented by Commissioner Higgins was being included as part of the fmdings packet when no one on the Commission had discussed it. Commissioner Carroll pointed out that there had been no vote or consensus to include the memo as part of the findings. Commissioner Higgins asked if Commissioner Carroll had an objection to the memo. Commissioner Carroll stated he had not read it. Commissioner Carroll asked why Commissioner Higgins did not forward the memo as a private citizen. Commissioner Carroll made a motion to exclude the memo from the Planning Commission's findings packet. Planning Manager Kuhta advised the Commissioners they had a couple of options for dealing with the memo: 1) Leave the memo to Commissioner Higgins to take to the City Council as a private citizen or 2) Bring the document back and have the Planning Commission review it and determine if everyone feels the suggestions should be forwarded as a group. . . Commissioner Carroll maved to exclude Commissioner Higgins memo from the Planning Commission's �ndings. The vote is S in favor, 1 against with Commissioner Higgins dissentzng. Motian approved. Commissioner Higgins stated: he will take the memo to City Council. B. New Business: Sr. Planner Lori Barlow gave an update of the Shoreline Master Program. The packet included: The Shoreline Advisory Group's (SAG) Draft Goals and Policies; • Public Comments on those SAG Draft Goals and Policies which were submitted by Centennial Properties, • Public comments by Centennial Properties on the SAG Draft Goals and Policies submitted by Doug Pineo. • A memo from the City's Shoreline attorney Tadas Kisielius from Van Ness Feldman Gordon Derr which summaries Mr. Kisielius comments regarding the SAG draft Goals and Policies and the public comment received so far. Ms. Barlow explained that Mr. 03-22-12 Planning Commission Minutes Page 2 of 4 Kisielius would continue to update this matrix as the Draft Goals and Policies move forward and staff receives additional comment. Commissioners asked for information about Centennial Properties and it was explained that they are a large land owner along the river. Ms. Barlow explained there were 20 people on the Shoreline Advisory Group. The people that have property were from Centennial Properties, two were home owners from the Shelley Lake Home Owners Association and some were representatives of Central Pre- Mix, as well as some other individuals. Ms. Barlow stated staff has an e-mail contact list and places an ad in the Valley News Harold. The notice gets sent out as a media release and it gets posted to the web site. Ms. Barlow stated that the advisory group is an all volunteer group representing various interest groups and that they met eight times. Ms. Barlow explained the organizations include groups such as the Kayakers Club and that Andy Dunau (representing River Forum) is working towards developing a water access plan. Mr. Dunau was also a part of the Shoreline Advisory Group. Ms. Barlow pointed out that there was a difference between the languages, such as: "you should coordinate with agencies and jurisdictions". Ms. Barlow said that the property owners and the Home Owners Association can participate in any stage of the process. The whole update process allows for continuous public participation. Questions from the Planning Commission: • Commissioner Bates brought up Goa1 1.3," Guaranteed" No Net Loss. Ms. Barlow stated that Mr. Kisielius is recommending that throughout the document there are different references to meet the requirement of No Net Loss. He recommends that we revert back to the word "Ensure" No Net Loss and focus on what the policy is conveying. • Commissioner Carroll spoke about his strong feeling regarding 1.4 that it implies there is an adversarial between the public's rights and the property owners. Ms. Barlow stated it was their intention to recognize that private property rights should be considered thru out the process, while recognizing that the law authorizes us to regulate the Shoreline jurisdiction in a manner that protects the interest of the state. Ultimately, that policy doesn't give more or any less protection for private property rights. • Commissioner Neill had a question on Goal 7. He wanted to know if the WAC (Washington Administrative Code) or a RCW (Revised Code of Washington) recognizes and protects the state wide interest over local interests. Also, if it preserves the natural care of the Shoreline. Ms. Barlow stated that it was verbatim. • Commissioner Neill wanted to know if there are any tribal historical sites. Ms. Barlow stated that there are sites protected by the tribes. • Economic Develo�ment. Commissioner Bates design incentives in Policy 5.13. Ms. Barlow stated, it is something that will be flushed out in the regulations. 03-22-12 Planning Commission Minutes Page 3 of 4 Recognition of creating and to encourage development to turn towards the water so there is going to be usage to create an attractive environment. • Critical Areas Element: Commissioner Neill asked if there are any areas they consider wetlands. Ms. Barlow stated that are very few wetlands. Part of the Sullivan Replacement below the bridge is a wetland. • Public Access Element: Commissioner Carroll asked a question on 8.5. He wanted to know if it applies to business. Ms. Barlow said no, the policy states only the homes. Ms. Barlow stated that they are requiring that public access be required. The Chair called for a ten-minute break which reconvened at 7:49 PM. • Residential Subdivisions Commissioner Bates had a question on 12.5. Nonconforming. Ms. Barlow said Mr. Kisielius will give detailed answers to questions when he comes to the next meeting. • Industrial Uses. Commissioner Carroll wanted to know why industrial uses are called water dependent. Mr. Kuhta said the pits have been dug over time. • Commissioner Carroll asked if in the inventory it identifies the pollution in the river. Ms. Barlow stated she would find out and forward the information to Commissioner Carroll. Ms. Barlow explained the state says to protect erosion from happening and that she is going to do some research on public lots to see if it is allowed to modify the shoreline without a use. • Piers and Docks. Commissioner Stoy asked if boats are allowed on Shelly Lake. Ms. Barlow explained that the I�omeowners Associations doesn't allow motorized crafts. In coming to a conclusion Ms. Barlow explained that her hope was to help familiarize the Planning Commission of the aspect of the goals and policies for the deliberation process. X. GOOD OF THE ORDER Cammissioner Bates moved to recuse Commissioner Sands. This motion was approved unanimously. XL ADJOURNMENT There being no other business the meeting was adjourned at 8:38 p.m. Bill Bates, Chairperson Deanna Griffith, PC Secretary Date signed 03-22-12 Planning Commission Minutes Page 4 of 4