Loading...
PC APPROVED Minutes 05-24-12.pdf Spokane V�lley Planning Commission APPROVED Minu�es Council Chambers �- City Ha11, 1170'% E. Sp�•ague Ave. May 24-2012 CALL TO ORDER Chair Bates called the meeting to order at b:04 p.m. PLEDG� OT'ALL�GIANCE Commissioners, staff and audience stoot� for the pledge of allegia�lce ROLL CALL G+DMMISSIONERS CITY STAFF BILL BATES-Cf�AIR JO��N HOHMAN,CD DIft�CTOFt JQHl�r G,CAr�TioLL SCOTT KUHTA,PLANNIl�IG MGR,AICP RUSTIN HALL LORI BARL0IL', SR PLANNER ROI]HIGCxiI�IS HENKI'AI,�..�N,DEVELOPMENT ENGLNEER STEVEN NEiLL MARCIA S.4NDS-RECUSED DEAN GRAf'OS,COUI\TCILMEMB�R JOE STOY-VTCE CHAIR ABSENT DEAI�'NA GRi�'FITH,SECRETAR'Y Comnnissioner Cat7oll mac�e a motioz� to �XClk58 Commissioner Stoy which was passed unanimot�sly, APPROVAL OF AGENDA Commissionei• Higgins rnoved to approve #he May 24, 2012 agenda as presented� Tl�is motion was passed unanimously. APPRQVAL 4F MINUTES Commissioner Neill mar�ed to approve the April 12, 2012 �ninutes �s presented. Tliis motion was passed unanimously, PUBLIC COMl'vIENT The�•e was no public camtnent, COMMISSION REP(3RTS Conunissioners had nothing to r�port. ADIVIINISTRAT�VE ItEPOItTS Planning Manage�• Kulita stated the advanced agenda sho��s on June 14, 2012 staff hopes to have the shoreline discussions concluded and to have a discussion regarding zoning and the Planning Corrunission Rules of Procedure, which is a follow up to the sp�cial meeting held May 7, 2012 with facilitator Stan McNutt. COMMISSION BUSINESS A. Un�nis�ed Business; Platuii►ig Commfssion Minukes 45-24-12 Page 1 of 8 Sr. Planne�• Lot•i Barlow began the contin��ed discussion regard�ng the Draft Goals and Policies of the Shoreline Master Pzogram, Ms. Barlow explained to t�e Coz�lmission at the May 10, 2(}12 meeting some questions �'egarcling certain goals and policies laad cotne rzp and sh� would share the information she 11ad received fram the special council, Mz•. Tadas Kisielius, fronl Van Ness Feldrnan GordanDerr, regarding tliose particular issues. Ms Ba�•�ow also stated that the matrix Mr, Kisielil�s k�as built to address the comments received ��egarding the dr�.ft Goals and Policies had been updated and th� Commissioners would be able to refer to it as t��a discussion continued. After the discussion on those issues, then she would like ta begin a systematic disc�ission of one goal and those policies and see wliere there might still be iss�ies and tl�en deterrnine wl�ere the Commission stands. SMP 1.4 — Public Interest and Pzopet�ty Rights - Comrnissioner Carroll l�ad previo�tsl� stated he felt this was writEen in and adversari�l tone. Ms. Barlow responded that Mr. I�isi�lius re�iewed the language and felt it was wt'itten ta protect tlie interests in a mannez• consistent fot• all parties. The suggestion is to change it to ��ead Balance the interests in attainirlg the goals --- Conimissioner Neill l�ad a suggested change to t�ie language and pi•oposed the follo�ving: Balance the constitutional and othe�• legal limitations on the regt�latior� of p��ivate p�'a}�erty with the interests of the�ublic in attaining the goals of the Siioreline Master Program Commissioner Bates asked if the Commissionei•s needed to take a vote in order #o change the language. Ms, Bariow responded alt�iough, that is a possibility, if the curre�t language says �vhat the Commission waulci like it to accomplish, she would discotu•age word smithing since there are 140 policies and it will take some time to do this to each one of thern. SMF 3.2 {Utilities) Plac� U��derground - Comrnissioners would like to add "tjndergrounding shall �lot k�e requj�•ed if it results in a net loss of' shoreline ecalogical functions." The Gommiss�o��ers felt it should be added in order to clarify, Staff and the Cornmission discussecl the impacts which can be geeater than power poles, it can include the clea�•ing af wegetation, under the lines and poles. This policy is fine as atnended. SMP 3.� (Utilities) Maintenance Design - Commissione�s 11ad a qttestion about this policy and correcting past impac�s. Mr. Kisielius had reserv�tiot�s ai�out coi�ecting past impacts. Ivlr. Kisielius would �°at��ez� have the policy state `encoti�rage ta coi7ect past impacts'. Commissioners wanted to knaw what the inipact of changing the ph�'ase meant. Staff stated wheri the reg�xlations are w�itten it �vill not be required, Modi�y to read When existing utilities facilities an�t right of ways are located within shoreline jurisdiction and �'equire n�ain�enance.,.,.,.. encoura�eci to coz•�•eet pas� impacts Staff explained placing `shall' in a poliey r�eans when you wz�ite the r�gulation you will do it. If Commissione�s put `should' in a policy it would t�anslate into yo�� will do it unless you can show a goad reason why not. Placiti� the word `encourage' in a palicy woi�id be inteip�•eted as you won't have to do it tznless you wa�it to. Comn�issioners asked if it was le�al to hold the public entities to a higher• standaed, anc� M�•. Kisieiius l�ad �'espanded it is Iegal to hold public entities ta a higher standard than private development. Planning Comrnission Mim�tes OS-24-12 Page 2 of 8 SMP 5.2 Economic Develapment. The Planning Gomtnission had rec�uested a tnodification to this poliey. Ms. �at•lo�v stated e�ceptipns�vould be�ioted in tl;e guid�lines. "Develapment si�ould be designed to rnitumize tlte impacts to the shoreline aesthetic tht-ough architectural, landscape, and other design feahrres. Give preference to�.vaker-oriented economic development, tivliile limitin�,Iocati�on of�414 non- �l�ore��e-tivatei�orie�ltecl-�3e�e�f#er��elements af tlie developrrrent�$t��se�l-ac-e�outside of shoi'eliite itai•isdictio» �inle�ss tlye sil�_is i��i�����ri�te for����ite�`-orierited uses or tfie c�evelo�me�tt � demgr�strabl�ontri�ute_s tc�tl��objecti�is��t th� Sho�•elii�e Man�»�ent Act. +t�+��-Encourage design tl�at seeks to�•estore damaged or coinpi•omised shoreli�ie tiv�ougli ii�centi��es, She also sl�az•ed this change n�imics the language in the st�tti�s. Commissionei�s tivanted to know if it was not a requiren2ent, staff state�l the Commission tivould want ta be cansistent with the guidelines. SMP 5.10 Business anci In�i�stry Opezatiotis. Conitnission asked to c��ange the worc� `enviran�ne�tal' to `aesthetic'. Stated they felt it makes a larger impact of the di�•ective. SMP 5.6 Conzmission stated in th� matrix shows this policy k�ad been redlined. They asked if this would mean this palicy will be �eleted. Ms Barlow explained ultimataiy, if the Commission accept the recon�unendation, then yes this policy wo��ld be deletecl and the follor�ing policies wauld be deleted. SMF 5.12 Builciing Orientation — Tha Conunission asked if it would be legal to require �levelopment to pi•ovide public access to the shoreline. Ms. Barlo�v expla�ned yes to some extent, however there wer•e exceptions as allowed by Washington Administrative Code (WAC). Ms, Barlaw pointed out in the t��atzix Mr, Kisislius expl�ins the detail as to what the exceptions wol�ld ba. Staff could expanci the palicy to list all the exceptions l�owevei• they are alr•eady listed in the statute wliich, regarciless of them b�ing listed in the policy the City is still bound by. Commissioner Higgins asked if it would be damaging if the Commission deleted this policy. Ms B�rlow statecl it would �iot, and inany titnes policies are calleci out ta make a note to t�ie public, liowevar even if it is �IOt acidressed in the SMP, it does not mean t��at the rt�les in the RCW (Re�isec� Cade of Washington) are not go�ng ta be enforced, it j��st means that the City is putting its own stamp of concern on this particular policy and }iiglilighting it, Commissioner Carroll felt this policy ne�ded to l�e in the group and tl�ere needed to be ana#lier which add��esses private cievelopments. Ms. Barlow ex�lained public development is requi�•ed to p�'ovide access, private shoreline has greater flexibility. Mr. Cax�z•�11 wvanted the separation Uet��een the public facilities and foz� it to be stated they are to be built and designed to atk��act the cornmunity. Ms. Barlow explained if' t11e Commissioners wanted tl�at then we can call it abot�t and break it down. Commissione�• Bates asked it the public access piece �vas addi•essed someplace else, Ms, Ba�•low sk�ared the public access is disctfssed in that poi�tion of the SMP, but that�his policy relates to Economic Development and from the stand point that access to the river is an impoi�tant piece of oui• economic viabilxty. ancl she wiil make an adjusttnent to t�iis policy to match tlie Coinmission's request. �MP 6.1 Are�s be Prese�-ved. Mr. Kisielius had cornmented this policy was more a bit mare reaching than is required by statute. Corrunissianer Higgins suggested breaking this po�iCy lnt0 pieces. Staff 1s sllggesting two approaches are suggested for discussion. Planning Coinmission Minutes OS-24-12 Page 3 of 8 Areas tl�at provide o�3�,�}�a� scenic vistas ur;contribute to s�ioi•eline aestlfetics slio�ilel k�e �eser�re�l consiste37t co��stitritiarial_�o��otkter ]e�al limit�tio�is that ma}�k��a���licable.; Ensure�to net l�oss of shoreline ecological fu�ictions incl�ic�ing nah�ral vegetation and, fish acid�vildlife habitat -or- tlre�s that E]rovide oj�eti spaees, scet�ic vist�s, contribute to sh�reli»e aesthetics, natu��al veget�f io�l Staff did notic� after breaking this down that the language is �•epetiti�e of some ot��ez� regulations in the goals and policies. Hawever �t does now adclress the Comznission's �reference veiy specifically or it could be deleted and allow other policies to adciress this conce�•n. The first suggestion is preferred. T��e ward `with' neecis to be added, SMP 8.5 Risk Associated - structt�ral stal�ilizatian in the fuhue. The �olicy states to protect existing homes. COlI1T1115S1011�1'S �vauld like to replace homes �vith structures. Dept of Ecology carnments addi'�SS flltlll�e d�velopment should not happen. Tkte palicy is written ta provide protection to existizig development, as long as it is a prima�y st��ucture, not ancillary structu�•es. Commissioner Neill liad a question if the City �vot�ld be liable if foz• ex�nlple a potting shed were destroyacl because the SMP did not allow shareline sta�iilizatian and it was destrayed. Deputy City Attorney Korikright stated it would be possible far the City to be help liable if the goal, policies ancl regulations da not meet the requirenlents of the Shoreline Mas�er Pt�og��a�n, Commissia�iei• Neill wanted to knaw if citizen could sue the City if they last a building because we would not allow them to stabilize the shoreline, Mr. Kotilci�iglit stated he did not have a speci£'ic answer at that time and �vauld h�ve to investigate and retui� �vith more information. N1s. Ba��low also reminded the Cammission w11�n DOE testified they had said when they adopt c�ur plan tl�ey becorne a pat�tner with the City and so wh�n the City takes a stand that cet�tain reqt�ests do not follati�r ou�� adopted plan, then DOE will stand bahind these t•egulations and policies with t�s and suppoi�t our ciecisions as a pax�knez•. Mr, Kisielius h�d commented that staying within the g�iidelines would kee�the problem at hand... Do not allow does last sentence trump the sentence above it. "do not allow sti�uctuzal sha�•eline skabilization when it will result in a loss of s�ioreline ecological function" Ms. Barlow discussed witli t��e Co�mnission memb�rs hor� these tiiitigs would be measured a�ainst the Cumulative In�pacts Repo��t This policy addresses the report which will look at uses and activities along the s�oreline and identi�y if thase will have a cumt�lative ifnpact. Tf thei•e is na impact tlien it will be ok. Canunissione�'s askec� �what type of shoreline stabilizations would o�' W011�fj not result in a no riet LOSS. COI111111SS1p11eT'5 asked the possibility of daletin� the last sentence. Ms. Barlow said staff would ��ave �o ensure the daes not allow us to came up with any i�egulations.,,john suggest wark on language. Commissianer Hall asked if k�e caulc� clar�ify if the policies give an overall bi�oad statement, you can't elo somethir�g if it causes a loss. If yot� remove function at this poi�it on the propei�y, then you must find a tivay somew��e��e e�se on the prop�rty ta be able to give it back, Ms, Barlow established this was correct. IVIr. Hall asked it the ciiscussion was a regulation discussion nat a policy disct�ssion, and again Ms. Barlow agreed. Comtnissian�r Bates asked even if the policy were deleted it would not di'Qp OUi' 017�1��'�IOTI ta follow tlie statute. Ms. Ba��1aw stated this would be correct. Cotnmissionea• Bates stated it was difficult to make some of t��ese decisians witho��t having seen any regulatio��s. Ms Planning C�o��uiiission Minutes OS-24-12 Page�4 of 8 Barlow remarked that withaut the goals and policies there are no guici�lines foi� the regulations to be written to fallow. Commissioners as�ed what would happen if we the last sent�nce was removed, Ms Ba�•low stated she would have to check with M��. Kisielius to see wha#his recammendation would be. The Comn�ission asked what would happen if structure blirns do�vn in shoreline area. Ms, Barlow said there are special guidelines as ta how a sfi•�ct�►re is to be rebuilt, but the regulations in SMP wiIl be the g�zide. SMP 12.14 Non-VVater Oi°ietited Industrial Uses — This policy was expanded in ox�tier to �,llo�v change which mimics the language in the SMP guidelines. SMP 12.20 Modificatio��s — Mr, K151�I1U5 commented it would be wise to limit modifications as mt�ch as possible. Ms. Barlow remarked Mr. Kisielius and DOE differ on what this poiicy does. Mr. Kisielius f��ls this �olicy may be a bit more �•est�•ictive tY�an RCW90,58.020 rec�uires. The DOE �naintai�a� tlie listing of priorities, it is just a listing of priorit�es and so this policy is r•ightly stated. Mr. �isielit�s has suggested the intent is not to l7� T110I•e ��esti•ictive but to acldress limitatians. He commented unless they are necessary to s�pport ar protect an allawed primary st��ucture oi• a legally existing s�ioreline use tliat is in danger of loss or substantial darnage or are necessary for i•econf�gu��ation of the shoa•eline far mitiga€ion or er�ancernent puiposes, then it should be re�ioved. Ms Barlow suggested del�ting everything after `recluce the advez'se effect of allowed shoreline modifications,' Co��nissioner Neill commented�ie liked the shortez�version. Commissioners statec� t�iey felt th�t SMP 12.19 was repetitiv�e. SMP 12,31 New residential development and how it relates to subdivisions. Propet�ty with water front boundaries with n�ore than two dwellings would be able to provide a community docks. The Commission said it yvould like to c�ange it from reqtti�•e �o encourage. Ms, Barlow reminded tl�e Commissianers to think �rack to �vheie it was possible. She also reminded them that I70E has said t�is is �ot something tiiat s�iould be encouraged, it is rreqtti�•ed, howe�v�r this is not really an issue in �ur cammunity, becalise so little prope�-ty is developable with actt�al water frontage. Comtnissioner Bates said he felt at was mare restrictive, however legal cottnsel says leave it open. He reniinc�ed the other members t1�e�'e were certain ai•eas where a person wil� no� get a permit to get a dock. However, when it is possible people should be allotived to liave one and ez�cour�age would s��pport that. Conunissianez Car�oll remarked that DOE says it is required, Iie felt it �s their interpretatior�. Mr. Kisieli��s stated he thought it was �oa restrictive, however the ��egulations will only apply to new subdivisians, of which there are approximately one or two pa�'cels oi• so along the river in �vliicla this would apply. Mr, Kuhta stated this would only be a condition on a new s�zbdivision. He said, if a new st�bdivision goes in, tlien tlie City would X•eqtiii•e community docks, Commissiorier Higgins said if the DOE will not challenge the lan.guage, then why nat leave it as encou�•age. Cammissioner Bates said w� are then encou�•aging cammunity docks i°ather than individual ciocks {in n.ew subdivisions) and to him this feels wrong. He stated he felt this was a�� individual property righ.ts issue, Ms. Barlow stated explained that if cornes up least t�esri�ictive it could be �vritten would not get away with nothing less of encouraging con�munity doeks. , Planning Commission Muiutes OS-24-12 Page 5 of 8 Ms. Barlow saici she �`elt that at tliis time staff had p�•obably provided the Commissio�i everything they would need to be able to �nish making their decisions. At this tim� staff is suggesting to review each element one at a time. If the Commissioners find tlley have a specific item �vhich has not be adtiressed it can be c�iscussed, other•wise if the Commissioners are comfortable with the recon�mended latzgu�ge then we will move fo��ward for a recommendation to approve with changes. Since #here are so many pieces sQ the SMP itself, the Commission needs to contint�e to mave fo��vard. Planning Managei° Ktthta asked if besides the policies which had already b�en discussed could the Comrnissioners think af any#hing othei� issues they felt they needed to bring i�p. Camrnissioner' Carroll stated hc felt thei•e was a subset of issues which k�ad tiot been talkecl about yet, wliich��elated to mo�•e critical areas. Commissioner Neill woulci like to go ba�ck ta Policy 8,5� Commissioner Bates �tated he felt like t�iei•e wei•e some brand new policies that neecl to be discuss�d, such as t�e proposed 1.8 policy ��hich iias been suggested by Centennial Properkies. Ms, Bat�law stateci this was not a new policy staff�vas recomme�tding atid so it is not on the topic o�discussion un�ess the Cornmission tiad sa�ne desire to add it, staff was not suppoi�ting the adrlition no�•is legal staff. The Cornmission took a b�eak at 7.51 p,m, and retl�rned at 8;06 p.tn. With the return of th.e Coznmissioii, Chair Bates asked the other members if they would like to start with each goal anc� th.ose policies and make sw�e they have not ove�• looked an.y concern. SMP Gaal 1 and the policies follotivi�tg: Policy 1.7- Comtnissioner Neill ask�d if#5 Pf�ovide prrblrc access to�irbliely otvtted ctj•eas of si�o,�eliraes is �hat a mandate? Staff i��dicated this l�nguage miniics the language in stat� gUidelines, The palicy itY�iicates the p�°eference is given to usars in the following order, as tliey are listed in the palicy. The City's prio��ity a�id preference wil! be t�ie same as SMA. �'irst proposed Policy 1.8 Mr. Kisielius has suggasted to include khis policy. M��. Kisiejius felt if the City �vas going to �•ecoguize t11e key elements from RCW90,58.020 then the other key elements shoulel be capt`�red and this policy doas that. Second p��oposed Policy 1.8 has been suggested by Cente�ial Prope�`ties is not s�ipportec� by staff as an addition to the Goals anci Policies ,SMP Go�l 2 anci fhe policies that fflllo�v: Comini�sianers had nothit�g to discuss regarding any of the proposed changes ta these goals aK�d policies, SMP Goal 3 and the po�icies that fallow: Policy 3.2 Utilities. Legal is recommending no cifange to this policy. Require new utilities a��d facilities that �nust be locaked �vithin the shoreline to be built undergrotanci, if feasible, if did st�ggest a gatlzer add tlie language as s�eggest earliei�, The Plantfing Commission did uot specifically direct staff to change the language to say undergrou��diiig slfali not be ��equirecf if it res��its in a net loss of shareline ecalogical fi��7ctions. The Commission agrees to have ti�is added to the policy. Planning Commission M'v�l►kes OS-24-12 Page 6 of 8 Policy 3.6 - Starmwater — Cornmissionei•s agreed that this policy had �een covered previou�ly and they ok with it. �MP Goal 4 anc� the policies that �ollo�vc Palicy �.7 Coxnxnissioner Neill reminded th�re needed to be a typo fixeci, addeci the word 'no' added to the policy. Policy 4.6 — Comrnissioner Bates �uggested no change and the Cotnmissian discussed pa�king facilities again. Could t�ie policy be changed to recommend locating the p��king lots outside of the Jurisdiction? Staff indicated this wotald be moz•e �'est�'ictive, It cotrld it state `if feasible,' this would allow if nothing else tlie developez• could da tl�en it ��ould be allowed to locate in th� jurisdiction. Commissioner Bates asked if staff tivas inciicating the ��eg�ilation� wauld address this more directly, staff indicated the exceptions wot�lci be in the r�eg�ilations, �t would be something similar ta locate outside of the 200 foot juriscliction if feasi�le, if it isn't t��en what cat� bc done whicli would have the least i�pact. Second Policy�l.l 1 Commissio��er Carroil�voiild like to se�a changs the language to say add to aesthetics of khe public aecess points-�ve kalked about it earlier t�iis change dro�the words ne�v access points private access points �i�ovide-�'utu��e t��ail development incluciittg t�•ail extensions, �te��e��������k�}�e-c�.=��;rt��E€;s�{-�-k�e-�k��s�t�r3-�-i���t--t���-]��s� ���L�,�ae�-P��ivate acc�ss poi��ts �vill �e des__,_,igi�ed to flave the l�ast adverse ii���acts. Public access points�vil1 �nl�ance --------- The firs�Policy 4.11 is actually Policy 4.10 - Staff asked if the �•est of the Comrt�issior� ag�•ee to holding the public to a higher standard. Staff felt the point is made eomp�etely in t�e entire docurnent do �ve need to separate tiieni out in every policy? Cut7�e�tly we are �naking that distin�tia�� very clear at this point. Tn this case it coulci be dealt with very evenly and Mr, Kuhta was concerned that adding so���ething like a public trail extension i� being lielci to a lugher stan�larci �vauid make it rnore difficult to get fund�t�g. He said it woulel l�e something to consider. Commissioners as�Ced if iu writing the regulations, would ti�e �•egulations have to be totally different? Staff responded yes, because they would need to add�•ess differe�lt �•eq��iren�ents. Staff stated they believe they understand ttie direction the �Con�►mission is gaing and will address any legal imp�ica�ions, take the coiicept hack to Mr, Kisielius, and tl�en return witli a - suggestiox�, Staff�vill wor•k to incaiporate the changes suggested so far and return witli con�nents and amended policies at tlie next meeting, B. Ne�v Busi��es�: Tliere�vas no ne�v business. i Plaruiing Camnussion Minutes OS-24-12 Page 7 of 8 GOOD �F TH� ORD�R There was not��ir�g for the gt�od of tha orcler, ADJOURNMENT The being no other busin�ss the meeting was adjaurned ak 8;31 p.m, � -- �— � �'� �ill Bates, Chairperson �;,:: . • �^ , � ', r, , ,.! - �� - -- . , . Deanna Griffith, PC S i �aiy ,��, _, _ .;,,, ,, ;.. �`� ;, ( � � � ,- . ; , , , , ,�::,<;;� '; ,.: � _- .�., `�l, , �\ �,� ���.', ����; . �.;��:. � ,� .. �''�. � 1 Planning Comn3ission Minutes 05-24-12 Page$ af 8