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PC APPROVED Minutes 06-28-12.pdf Spokane Valley Planning Commission APPROVED Minutes June 28, 2012 L CALL TO ORDER Chair Bates called the meeting to order at 6:00 p.m. IL PLEDGE OF ALLEGIANCE Commissioners, staff and audience stood for the pledge of allegiance IIL ROLL CALL � � COMMISSIONERS CITY STAFF BILL BATES-CHAIR SCOTT KUHTA,PLANNING MGR 70HN G.CARROLL CARY DRISKELL,CITY ATTORNEY RUSTIN HALL LORI BARLOW, SR.PLANNER ROD HIGGINS CHRISTINA JANSSEN,ASSISTANT PLANNER 70E STOY—VICE CHAIR MARTY PALANIUK,PLANNING TECHNICIAN STEVEN NEILL,ABSENT DEANNA GRIFFITH,SECRETARY Commissioner Carroll made a motion to excuse Commissioner Neill from the June 28, 2012 Meeting. IV. APPROVAL OF AGENDA Commissioner Higgins moved to approve the June 28, 2012 agenda as presented. This motion was passed unanimously. V. APPROVAL OF MINUTES Commissioner Stoy moved to approve the July 7, 2011 minutes as presented. The vote on this motion was six in favor, Commissioner Higgins stated he would not voting because he was not on the Commission at the time of this meeting. Commissioner Stoy made a motion to approve the March 22 and May 7, 2012 minutes as presented. This motion was also passed unanimously. VL PUBLIC COMMENT There was no public comment. VIL COMMISSION REPORTS Commissioners had nothing to report. VIIL ADMINISTRATIVE REPORTS Planning Manager Kuhta shared the Council has advertised to fill the position vacated by Commissioner Sands, who had resigned effective the July 14, 2012 meeting. He said the vacant position has been advertisement has been scheduled to close on Friday June 30th'2012. The Mayor will make the recommendation at the July 3, 2012 Council meeting. Mr. Kuhta Planning Commission Minutes 06-28-2012 Page 1 of 7 said the Ciry has filled the Building Official position with an internal candidate, Doug Powell, but still had not hired a new public works director. Mr. Kuhta talked about items on the advanced agenda, which include updates to the Permitted Use Matrix and a privately initiated text amendment by Spokane County to allow animal shelters in the Corridor Mixed Use zoning district. IX. COMMISSION BUSINESS A. Unfinished Business: i. Deliberations of the Draft Shoreline Master Program (SMP) Goals and Policies. Sr Planner Lori Barlow commented during the last meeting the Commission had completed their review of the Draft SMP Goals and Policies. The Commission had directed staff to return to with a strike-through version for one final review and approval going forward. Ms. Barlow stated all of the changes the Commission requested are listed in this draft version of the goals and policies. Ms. Barlow discussed the disposition of the current motion on the floor and a making a new motion. Commissioner Carroll stated he had a couple of comments. He shared he felt Policy 1.4 did not read quite right now that it had been changed. Ms. Barlow stated it has been drafted so it captures the interests of all parties. SMP 1.4 Public Interest and Property Rights � ��Balance the iyzterests ^�''^� �°,�'�� in attaining the goals of the Shoreline Master Program, in a murzner consistent with all relevant constitutional and other legal limitations on the regulation ofprivate property. Commissioner Carroll said when you read it in a different light, it still does not seem to read right, he was willing to go along with it, but thought maybe it should have a couple of words, like `all interests' or `balance the community interests'. Ms. Barlow said the intention if the policy is to malce sure that it is understood the Ciry is protecting the rights of the public in attaining the goals of the SMP. It also assumes some familiarity with the Shoreline Master Act. Commissioner Carroll still thought the sentence did not read correctly, saying it `leaves you hanging.' Commissioners thought `community' did not seem to fit. `Balance the interest of the community in attaining the goals.... " Commissioner Higgins stated he thought Mr. Kuhta's suggestion of `all' "Balance all interests in attaining the goals....." Commissioner Bates liked the word community. The Chair asked the Sr. Planner if she felt it made sense. She said she felt the intent is clear and adding the word `communiry' or `all' does not change the concept of the statement. Commissioner Hall asked a clarifying question regarding the next step to the council. After the recommendation by the Planning Commission the City Council will receive a strike-through version with a copy of the matrix as it has evolved from Mr. Kisielius. The Commission discussed and decided to amend the policy to put the word communiry. SMP 1.4 Public Interest and Property Rights — Planning Commission Minutes 06-28-2012 Page 2 of 7 � ��Balance the interests ^�*'^� �°��'�� of the communitv in attaining the goals of the Shoreline Master Program, in a manner consistent with all relevant constitutional and other legal limitations on the regulation of private property. Commissioner Carroll said he had listened to recording from the previous meeting. Mr. Carroll shared he felt there should be a higher standard for public projects and public employees than for private development, which is why he advocated to change Policy 5.12. Ms. Barlow stated not only had Policy 5.12 been changed to reflect this opinion but also Policy 4.1 L Mr. Carroll said he felt if the Commission did not set high goals then, the City would never achieve the desired result. Chair Bates stated that at this time the Commission had covered all of the goals and polices and should now take the recommendation of staff. Commissioner Hall pointed out there was a formatting issue on Policy 7.4. Chair Bates reminded the Commission the current motion is to recommend approval of the SAG draft Goals and Policies to the City Council. The Chair then called for the vote. The vote on the motion to 0 in favor, 5 against. Motion fails. Commissioner Hall made a motion that the City Council accept �he Draft Goals and Policies for the Shoreline Master Program as they have been amended in the Planning Commission Draft Goals and Policies on June 28, 2012. The vote on this motion is five in favor and zero against. Motion passes. ii. Continued discussion proposed changes to Planning Commission Rules of Procedure: City Attorney Cary Driskell discussed the reasons for the proposed changes in the PC Rules of Procedure among which were adding a code of ethics section, how the Commission would handle absences and some technical clean-up. Mr. Driskell stated one of the issues which the Commission asked to discuss again was Section 13(D)(3) Missing three or more consecutive regularly scheduled meetings or study sessions, or missing six meetings in a 12 month period (whether consecutive or not) without such absences being excused by the Commission. The discussion is to remove the part of "or six meetings in a 12 month period" to make the policy consistent with the SVMC. There was discussion among the Commissioners of removing or leaving in this language. Mr. Driskell said it would be in conflict with the Municipal Code to leave it in. Chair Bates said this was not a requirement of the Ciry Council. In order to leave this language in, a request to change the SVMC would need to be made to the Ciry Council. Commissioner Bates asked if it should be one or the other. Mr. Driskell answered that would be the easiest solution. Mr. Driskell said it would be simpler to remain in compliance with ciry code. It is the same code which the City Council has for itself and has adopted for the Planning Commission. Mr. Bates said it seemed to be what most municipalities seem to also have, in the research he did. Commissioner Hall asked why it would need to be changed. � Missing three or more consecutive regularly scheduled meetings or study sessions,�r without such absences being excused by the Commission. Planning Commission Minutes 06-28-2012 Page 3 of 7 Commissioner Hall asked if(the above) is how it would read, when changed. The Ciry Attorney answered yes. Moving on. Commissioners Carroll and Bates were confused regarding excusing an absence If there is an objection, the Presiding Officer shall call for a motion to excuse the member. The questions was what would happen if no one made a motion to excuse. Mr. Driskell and the Commission agreed there would need to be a re-write in order for it to make more sense. Commissioner Higgins said he did not feel the wording in Section 13(C)(2) states if the member feels disqualified....He shared he did not think `feels" was the right phrasing. Mr Driskell responded he would look at the statement however it is a personal analysis if they believe they can be unbiased. Commissioner Carroll said Section 9(A) reads Any person who fails to sign in shall not be permitted to speak until all those who signed in have done so. Mr Carroll said he felt that this takes away the Chair's ability to control the mee�ing. Planning Manager Kuhta pointed out it is the way the Commission runs the meeting currently. The people who have signed in are allowed to speak first, and then anyone else is allowed to speak afterwards. Mr. Driskell stated he would return with the requested changes. B. New Business: Study Session: CTA-02-12 Proposed Amendments to 19120 Permitted Use Matrix. At this time Mike King stated he had missed the public comment portion of the meeting and asked to speak Chair Bates conferred with the Commission members and granted Mr. King the opportunity to speak Mr. King stepped to the podium, handed the secretary a letter to distribute. Mr. King started speaking asking to allow office uses in the MF-2 zoning district. Since a study session on this subject was the next agenda item, the Chair stopped Mr. King and informed him he would be unable to continue since the subject he was spealcing to was on the current agenda; however he could return and deliver his information at the public hearing which had been noticed for July 12, 2012. Mr. King apologized and stated he would return at�hat time. Assistant Planner Christina Janssen began her presentation on file number CTA-2012- 0002. Ms. Janssen said the City Council had asked staff to review the uses allowed in the Corridor Mixed Use and Garden Office zones. During the review of the Use Matrix staff had discovered some general housekeeping issues which are being corrected at this time. Commissioner Bates stated he could understand why the City would review a large zoning district like Corridor Mixed Use, however, why would the City review such a small zoning district like Garden Office. Ms. Janssen, with support of Mr. Kuhta, shared the Ciry Council supplied the direction on the review of the uses in this zoning district. Some of the concerns were uses which were not allowed by matrix which seemed to make sense. Ms. Janssen showed the legend at the top of the matrix which shows all of the zoning districts. Ms Janssen also shared the key which explains the symbols in the chart, P = Permitted, R = Regional Siting, S = Conditions Apply, A = Accessory Use only, T = requires a Temporary Use Permit, C —requires a Conditional Use Permit. Planning Commission Minutes 06-28-2012 Page 4 of 7 Ms Janssen shared the changes proposed: • City Center: Remove the category of"City Center" as there is no longer any land within the City zoned City Center. • Appliance sales/service: Proposed as an allowed use in the Community Commercial zone. The size and scale of typical appliance stores is compatible with the Community Commercial zone. • Auction House: Proposed as an allowed use in the Light Industrial aone due the availability of structures large enough to accommodate this type of business. • Manufacturing: Relocate all manufacturing categories from their current alphabetic location in the code to a general "Manufacturing" section within the code for easier navigation. No changes are being proposed to the locations where these uses can locate within the City. • Automobile/truck/RV/motorcycle painting, repair, body and fender works: Proposed as an allowed use with conditions in the Community Commercial zone. An appropriate use in this zone provided that it be located within an enclosed structure. • Barber/beauty shop: Proposed as an allowed use in the Garden Office zone as these businesses are typically smaller in size and do not generate traff'ic or noise in amounts that would be disruptive to the adjacent residential uses. • Bicycle sales/service: Proposed as an allowed use in the Garden Office zone as these businesses are typically smaller in size and do not generate traf�c or noise in amounts that would be disruptive to the adjacent residential uses. • Boat sales/service: Proposed as an allowed use in the Corridor Mixed Use and Light Industrial zones where other automobile sales are currently allowed. • Brewery, micro: Proposed as an allowed use in the Neighborhood Commercial zone. A growing trend, these small tap breweries typically serve the neighborhoods where they are located. • Building Supply & Home Improvement The Corridor Mixed Use zones have significant vacancies and would be appropriate for this type of use. Other uses already permitted in the CMU zone with a similar NAICS classification include hardware stores and greenhouse/garden centers. • Candy & Confectionary: Proposed as an allowed use in the Garden Office and Office zones as these businesses are typically smaller in size and do not generate traffic or noise in amounts that would be disruptive to the adjacent residential uses. • Cemetery and crematories: Proposing these uses be separated and crematories be contemplated separately due to potential issues with crematories in residential zones. Proposing crematories as an allowed use in the Community Commercial, Regional Commercial, Light Industrial and Heavy Industrial zones. Commissioner Carroll questioned where funeral homes were allowed. He also asked what if funeral home has a crematory. Mr. Carroll would like to link funeral homes, crematoriums and cemeteries together. Staff stated they will return with more information. • Church, temple, mosque, synagogue and parsonage: Proposed as an allowed use in the Garden Office zone. Small congregations are regularly locating in spaces which were formally small retail or office spaces. These uses are allowed in all other zones within the City with the exception of the industrial zones. • Clothes, retail sales: Proposed as an allowed use in the Neighborhood Commercial zone. Smaller,boutique type establishments appropriate to serve the surrounding neighborhood. Planning Commission Minutes 06-28-2012 Page 5 of 7 • Drug Store: A dated term, proposing to rename this item "Pharmacy", a more widely used term and relocate it alphabetically within the code. • Dwelling, townhouse: Proposing to remove this from the Neighborhood Commercial zone where residential uses are not allowed. This change corrects an error in the code. • Entertainment/recreation facilities, indoor: Proposed as a permitted use in the Light Industrial zone and with a Conditional Use Permit in the Heavy Industrial zone. These uses, which include indoor soccer centers, batting cages, etc. are growing in popularity and typically locate in large,warehouse type facilities commonly found in industrial areas. • Essential Public Facilities: Proposed as Regional Siting in the Corridor Mixed Use zone. This amendment would make it possible for the County to consider parcels aoned CMU when contemplating uses including, but not limited to, hospitals, regional transportation facilities, inpatient facilities, etc. Planning Manager Kuhta explained the process to of siting a Essential Public Facility to the Commission to answer their questions regarding this proposal. • Exercise facility/gym/athletic club: Proposed as an allowed use in the Of�ce aone. Small scale fitness facilities that locate in strip commercial or office space such as Curves, Anytime Fitness, or the like. These smaller facilities do not generate traffic or noise beyond what would typically be expected in the Office aone. • Hobby Shop: Proposed as an allowed use in the Garden Office and Office zones as these businesses are typically smaller in size and do not generate traffic or noise in amounts that would be disruptive to the adjacent residential uses. • Home furnishings, retail sales: Proposed as an allowed use in the Neighborhood Commercial zone. These smaller,boutique style stores serve the neighborhoods where they are located. • Market, outdoor: Proposing to change this use from requiring a Temporary Use Permit to an outright permitted use in the Mixed Use Center, Corridor Mixed Use, Community Commercial, Regional Commercial, Parks and Open Space, and Light Industrial zones. Outdoor markets are growing in popularity and often are functional for longer than the 6 months the Temporary Use Permit currently allows. • Mobile food vendors: Allowed with conditions in the Neighborhood Commercial zone. These small businesses, which serve the neighborhood where they are located, would need the permission of the property owner and the Health Department. • Music store: Proposed as an accessory use in the Garden Office zone as this would be compatible with specialized training, such as a music school. • Of�ce & Computer sales: Proposed as an allowed use in the Neighborhood Commercial aone. Smaller, neighborhood scale businesses as opposed to "big box" office retail (Office Depot). • Photographic Studio: Proposed as an allowed use in the Garden Office and Office zones as these businesses are typically smaller in size and do not generate traffic or noise in amounts that would be disruptive to the adjacent residential uses. • Print Shop: Proposed as an allowed use in the Neighborhood Commercial zone. Small scale businesses serving the neighborhoods where they are located. • Radio/TV broadcasting studio: Proposed as an allowed use in the Light Industrial zone due to the large equipment required for this type of business. • Recreational vehicle sales and service: Proposed as an allowed use in the Corridor Mixed Use zone where other types of automobile sales are currently allowed. • Specialized training/learning schools or studios: Proposed as an allowed use in the Garden Of�ce zone, these types of businesses which can include dance, martial arts, music, or other Planning Commission Minutes 06-28-2012 Page 6 of 7 similar uses do not generally produce traffic or noise which would be harmful to nearby neighborhoods. • Taxidermy: Proposed as an allowed use in the Corridor Mixed Use zone. Taxidermy is a low intensity use generating low traffic volumes. Commissioner Bates asked why medical sales, medical/dental/hospital equipment supply/sales are not allowed in the Garden Office zone but are allowed in Office Zone. Planning Manager Kuhta explained the uses are considered a bit more intense and most dental and medical offices are allowed in the Office zone. Garden Office is a transition zone between higher intense uses of Office and single family residential. Commissioner Bates asked if there had been any discussion of combining the Office and Garden Office zones. Mr. Kuhta explained although there are few Garden Office zones in the Ciry, they do provide a transition for the single family residential areas they are protecting. Commissioner Carroll asked if the NAICS codes were still used in the Use Matrix and Mr. Kuhta shared yes, and explained how the Census codes worked and how staff uses them to assist in making determinations for unlisted uses. Commissioner Hall shared he was having issues with the indoor entertainment facilities in the heavy industrial zones. Mr. Hall reminded the Commissioners that if they have questions about some of the uses they can refer to the definitions in order to make an informed decision. Ms. Janssen asked the Commissioners if there was anything else they felt she needed to look into to regarding changes to the matrix. Mr. Kuhta stated the Commissioners should look at the zoning district definitions and then look at the proposed uses in making suggestions to uses in the zones. 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 7:39 p.m. Bill Bates, Chairperson Digitally signed by Deanna Griffith D e a n n a DN:cn=Deanna Griffith,o=City of Spokane Valley,ou=Community G r i ff i t h Dma I�dgr ff th@spokane alley.org c=US Date:2012.10.04 15:47:12-07'00' Deanna Griffith, PC Secretary Planning Commission Minutes 06-28-2012 Page 7 of 7