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Agenda 07/12/2012 S�'TYol�ane p Valle � Y Spokane Valley Planning Commission Agenda City Hall Council Chambers, 11707 E. Sprague Ave. July 12, 2012 6:00 p.m. L CALL TO ORDER IL PLEDGE OF ALLEGIANCE IIL ROLL CALL IV. APPROVAL OF AGENDA V. APPROVAL OF MINUTES: May 7, 2012 VL PUBLIC COMMENT: On any subject that is not on the agenda VIL COMMISSION REPORTS VIIL ADMINISTRATIVE REPORT IX. COMMISSION BUSINESS A. UNFINISHED BUSINESS: 1. Proposed amendments -Planning Commission Rules of Procedure B. NEW BUSINESS: 1. Public Hearing - CTA-02-12 Proposed Amendments to Chapter 19.120 Permitted Use Matrix X. FOR THE GOOD OF THE ORDER XL ADJOURNMENT COMMISSIONERS CITY STAFF BILL BATES -CHAIR JOHN HOHMAN,CD DIRECTOR FRED BEAULAC SCOTT KUHTA,PLANNING MGR,AICP JOHN G.CARROLL RusTiN HaLL RoD HIGGINs STEVEN NEILL DEANNA GRIFFITH,SECRETARY JOE STOY-VICE CHAIR WWW.SPOKANEVALLEY.ORG CITY OF SPOKANE VALLEY Request for Planning Commission Review Meeting Date: July 12, 2012 Item: Check all that apply: ❑ consent � old business ❑ new business ❑public hearing ❑information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Planning Commission Rules of Procedure Update GOVERNING LEGISLATION: Spokane Valley Municipal Code PREVIOUS ACTION TAKEN: Study Sessions on June 14 and June 28,2012 BACKGROUND: On May 7, 2012, Stan McNutt facilitated a special Planning Commission meeting which focused on Planning Commission procedures, appearance of fairness, conflict of interest, public records and open public meetings. This agenda item allows for follow-up discussion on the topics presented,with specific attention to potential changes in the Planning Commission Rules of Procedure. On June 14,2012, legal staff presented proposed changes to the PC Rules of Procedure. The Commission suggested a few additional changes,which have been incorporated into the attached draft On June 28, staff presented further changes to the Rules of Procedure. The Commission identi�ed a couple more items that needed revisions. The attached draft includes those revisions and some general editing. OPTIONS: N/A RECOMMENDED ACTIONS: Move to recommend adoption of the Rules of Procedures as presented. I move to recommend approval of the proposed changes to the Planning Commission Rules of Procedure to the City Council. STAFF CONTACT: Scott Kuhta, AICP,Planning Manager ATTACHMENTS: 1. Planning Commission Rules of Procedure—Draft Changes 1of1 City of Spokane Valley Planning Commission �T T��c n� nv nr��r�r Tv� RuleS Of PTOCeduTe Adopted by Plannin� Commission 02-19-OSrrr,a.,�oa nti �� nnti Updated by Resolution 10-004, 02-09-2010 Updated bv Resolution ll-010, 11-29-2011 Updated bv Resolution 12-???, ? - ? -2012 We, the members of the Planning Commission of the City of Spokane Valley, State of Washington, pursuant to the City of Spokane Valley Municipal Code (SVMC) 1810, do hereby adopt and � submit to City�Council for a�roval the following Rules of Procedure: ORGANIZATION AND RULES OF PROCEDURE 1. Name � �The "City of Spokane Valley Planning Commission,"hereinafter referred to as the "Commission" is an advisory body created by the City Council for purposes consistent with SVMC 18.10. 2. Location � �The Commission offices shall be the City Hall of the City of Spokane V alley. 3. Officers Unless otherwise required by a vacancy in office, the Commission shall organize every year in accordance with SVMC 18.10. A. Of�cers of the Commission shall be elected from its membership; the of�cers shall be Chair, Vice Chair, and other appropriate officers that the Commission may choose to approve and appoint by maj ority vote. � B. ��Commission members must have served at least one full calendar year to be eligible to be elected as an Officer. � C�.The Chair shall preside over the Commission and exercise all powers incidental to the office, retaining however, the full right as a member of the Commission to propose motions, second motions and have a vote recorded on all matters of the Commission. � D�. The Vice-Chair shall, in the absence of the Chair from any meeting, perform all the duties incumbent upon the Chair, and retain the full right as a member of the Commission in the same manner as the Chair. 4. Secretary of the Commission � A. The Director of the Community Development De�artment or his/her designee shall serve as the Secretary to the Commission. B. The Secretary shall provide for a recording of all Commission meetings, including public hearings and shall ensure that summary minutes of all public hearings and meetin�s are prepared, a��roved, and filed in the public record. C. The Secretary will conduct and record a roll call of the Commission members at each meeting, public hearing and study session. 5. Election of Officers A. Of�cers shall be elected at the first regular meeting in January of each year, by majority vote of the membership of the Commission. Terms of office shall run from the first January meeting I Updated and Approved by Council�7-�7-2012� Page 1 of 8 until December 31 or until a successor has been elected. No Commission member shall serve � more than two full consecutive terms as Chair of the Commission. No Commission member shall serve as Vice-Chair for more than two full consecutive terms. In the event that the Commission has no sitting Chair at the first regular meeting in January, the Vice-Chair will preside over the Commission until officers are elected. If at the first regular meeting in January,both the Chair and Vice-Chair are no longer��Commission members, the �'��;�� '�mm;��;�� Secretary willpreside over the meeting until Officers are elected. B. A vacancy in any office will be filled by a special election, to be held at a convenient time with a majority present. In the event that the o�ce of Chair is vacated, the vice-chair shall serve in that capacity until the required special election is held. Any member of the Commission who has served for at least one full calendar year,is eligible to �11 the vacancy. However, no member can � hold two office positions concurrentiv. 6. Quorum � �A quorum shall consist of four or more members of the Commission and no action can be taken in the absence of a quorum except to adjourn the meeting to a subsequent date. A quorum must be � present for all meetin�s. 7. Voting A. The a�rmative vote of a majority of those present shall be necessary for the adoption of any motion or other general matter. B. For the conduct of business dealing with matters which require adoption or changes to the City's Comprehensive Plan and the election of officers, at least four affirmative votes must be cast. Each member of the Commission is entitled to one vote but no proxy shall be allowed. C. No member may participate or vote on a matter unless the member has been in attendance at all public hearings regarding such matter or has listened to the taped recording of the public hearing and reviewed the written record of the matter in question. 8. Meetings A. There shall be at least one regular meeting each month with additional meetings scheduled as necessary. Regular meetings shall be scheduled on the 2nd and 4"' Thursdays of the month, commencing at 6:00 p.m. and ending not later than 9:00 p.m. Meeting ending time can be extended by a majority vote of the Commission. Meetings may be used for general planning matters, study sessions or public hearings as described below. 1. Meetin�s on General Plannin� Matters. General planning matters to be reviewed by the Commission will typically be preceded by a study session of the Commission to discuss the issues with Community Development Department staf£ Generally, no testimony from the public shall be taken at a study session. 2. Public Hearin� Meetin�. A public hearing is a meeting wherein general business and public hearing items, such as the Comprehensive Plan and development regulations are discussed and decided. 3. Scheduled meetings may be canceled or convened at other times if deemed necessary by the Chair or,in the absence of the Chair,by the Vice-Chair. Notice of cancellation shall be given � personally to Commission �4members and to the public by posting a notice at Commission offices. 4. The recommended order of business for meetings is: I Updated and Approved by Council�7-�37-2012� Page 2 of 8 a. Call to order by Chair. b. Pledge of�4allegiance. c. Roll call by�sSecretary. d. Approval of Agenda. e. Approval or amendment of minutes. f. Public Ecomment. g. Commission�4inember��reports. h. Administrative�report. i. Commission�business. i. Unfinished�business ii. New�business j. For the F�good of the 9order. , k Adjournment. B. �Commission meetings shall be held in accordance with the requirements of the Open Public Meetings Act, RCW Chapter 4230. C. Special meetings and study sessions may be called: 1. By the request of the Chair, or,in the Chair's absence,by the Vice-Chair. � 2. By the written request to the Chair, or, in the Chair's absence, to the Vice-Chair, of three or more members of the Commission. 3. By agreed motion of the Commission. 9. Conduct of Hearings � A. Actions for a��Commission Public Hearing. Prior to the start of the public hearing, the Chair may require that all persons wishing to be heard � �sign in with the Secretary, giving their names and addresses, the agenda item, and whether they wish to speak as proponent, opponent, or otherwise. Any person who fails to sign in shall not be permitted to speak until all those who signed in have done so. At any public hearing, I persons who have signed in and wish to be heard shall be given an opportunity to be heard..- The Chair, subject to concurrence by the majority of the Commission, may establish time limits and otherwise control presentations. The Chair may change the order of speakers so that testimony is heard in the most logical groupings, (i.e., proponents, opponents, adjacent owners, vested interests, etc.) � B. The Chair shall introduce�each�ke agenda item, opens each�ke public hearing, and announce�the following Rules of Order: 1. All comments by proponents, opponents, or the public shall be made from the speaker's rostrum, and any individual making comments shall first give his/her name and address. This is required because an official recorded transcript of the public hearing is being made. 2. It is not necessary to be a proponent or opponent in order to speak. If you consider yourself neither a proponent nor opponent,please speak during the proponent portion and identify yourself as neither a proponent nor an opponent. I Updated and Approved by Council�7-�7-2012� Page 3 of 8 3. No comments shall be made from any other location, and anyone making "out of order" comments shall be subject to removal from the meeting. 4. Demonstrations, applause or other audience participation during or at the conclusion of anyone's presentation are prohibited. It is distracting to the Commission and persons testifying. 5. These rules are intended to promote an orderly system of holding a public hearing; and to give persons an opportunity to be heard �„a +� ° ° *'��* ��a�� a��'� � �+ °�'��rr��°a '��, ,.��a;,.,. ,.��„��;.00 � ,.� C. When the Commission conducts a hearing to which the Appearance of Fairness Doctrine applies, the Chair(or in the case of a potential violation by that individual, the Vice Chair)will ask if any Commission member knows of any reason which would require such member to excuse themselves pursuant to the Appearance of Fairness Doctrine. The form of the announcement shall be�as follows: All Commission members should now give consideration as to whether they have: 1. A demonstrated bias or prejudice for or against any party to the proceedings; 2. A direct or indirect financial interest in the outcome of the proceeding; 3. A prejudgment of the issue prior to hearing the facts on the record, or I 4. Had ex parte contact with any individual, excluding ��m��*��*��° staff, with regard to an issue prior to the hearing. Please refer to Section 15(B) for more specific information on how to proceed where there has been an ex parte communication. If any Commission member should answer in the af�rmative, then the Commission members � should state the reason for his/her answer so that the Chair may inquire of staff am��*r�*;�r as to whether a violation of the Appearance of Fairness Doctrine exists. CONDUCTING THE PUBLIC HEARING � a. The Chair will announce� the matter and open� the public hearing stating the date and time. � b. The Chair will allows staff to describe the matter under consideration and place matters in the public record. � c. The Chair will inquires as to whether Commission memberse�s have any questions of staf£ If any Commission member has questions, the appropriate individual will be recalled. � d. The Chair will allow� proponents, opponents and the public to offer testimony and evidence on the pending matter. The Chair may allow Commission members to ask questions of any person at the conclusion of their testimony. � e. At the conclusion of the public testimony, the Chair will ask� staff if there is=any additional information, testimony or evidence to submit for the record. � £ The Chair will then either closes or continues the public hearing. Additional testimony may not be requested or considered after the closing of the public hearing, unless the Chair declares the record open until a date certain for the purpose of receiving written testimony or materials. � g. The Chair will inquires if there is a motion by any Commission member. If a motion is made, it shall be in the form of an affirmative motion. Af�rmative motions are preferred I Updated and Approved by Council�7-�37-2012� Page 4 of 8 to prevent "approval by default" of a failed negative motion. Following the motion and its second, discussion will occur�among Commission members. h. The Chair will inquire�if there is any further discussion by the Commission members. i. The Chair will inquire�if there are any final comments or recommendations from staff. j. The Chair will inquire�of the Commission members if they are ready for the question. k The Chair will call�for the vote on the motion. 1. The Chair may direct staff to prepare findings for approval. D. Pre-�ling of testimony or evidence is encouraged and may be delivered to the T'°��-��°�* �� Community Development De�artment in advance of a hearing. 10. Agenda, Staff Reports and Minutes for Regular Meetings. A. Typically, a copy of the agenda for every regular meeting of the ��Commission shall be sent to each member up to seven(�}days prior to the date of the meeting. B. If available, staff reports will be sent to ��Commission members with the agenda. Agendas and staff reports will be made available to applicants and the public at the same time. ll. Minutes and Communications with the City Council. � �Minutes of all meetings shall be kept and the complete files of proceedings and actions taken in connection therewith shall be considered the public record and filed with the City Clerk. The Secretary shall provide the Commission members with a set of minutes of the previous meeting. These minutes shall be considered for approval by the Commission at a regularly scheduled public meeting and� upon approval, shall become part of the official record of action of the Commission. Approved �4minutes shall also be transmitted � to the City Clerk for the City Council . ��.o �� <<rr�rv n��n rr� �r r�v r�nv�nrr n rrr� �2 -&�5�� ii��rr��r�vx �� rnnn r�rT.r n-rrnrr n�n�.rT r n r » 12. Recording of Meetings � Whenever �ossible. ��roceedings of all public hearings, meetings, study sessions and any special meetings shall be recorded and retained. 13. Statement of Ethics / Code of Conduct A. Statement of Ethics. It is hereb.��nized and established that hi�h moral and ethical standards of ' . Commission members�s are vital and essential to provide unbiased, open and honest conduct within all�hases and levels of�overnment that rules of ethics are hel�ful in u� idin� Commission members to eliminate or�revent actual or�erceived conflicts of interest in�ublic office, and to improve and elevate standards of public service so as to promote and stren�then the confidence, faith and trust of the people of the Ci .t�pokane Valley in their local�overnment. B. Interests in Contracts Prohibited; Exce�tions. No Commission member shall be beneficially interested, directly or indirectly, in any contract which may be made bY, throu�h, or under the su�ervision or direction of an,��okane ValleX City em�lovee, in whole or in substantial�art, or which mav be made for the benefit of his or her I Updated and Approved by Council�7-�37-2012� Page 5 of 8 office, or accept, directly or indirectly, an.�pensation, �ratuity or reward in connection with such contract from an�person beneficially interested therein. The fore�oin� shall not a�ly to the exceptions specified in RCW 4223.030 which are incorporated herein as if fully set forth. C. Conflicts of Interest 1. A Conflict of Interest includes: i. En�a�in� in a transaction or activity which impairs, or would to a reasonable person appear to impair, the Commission member's independence of jud�ment or action in the performance of their official duties; ii. A Commission member havin� a financial or other private or personal interest in any matter u�on which the member is required to act in the dischar�e of his or her official duties; iii. A "Professional Conflict of Interest" includes any real or perceived conflict of interest caused by circumstances such as a Commission member's emplo, m�past or present. Where the Commission member's em�lo, e��rofessional activitv is onl,�� tan e� ntiallX related to a matter before the Commission, recusal need not occur if the Commission member can reasonably conclude that the connection is, or was remote and inconsequential. If a Commission member is required to refrain from deliberation or �artici�ation bX his/her employer because of a real or perceived conflict of interest, then the Commission member should be allowed to recuse or withdraw from that deliberation. 2. Conflict of Interest Procedure: Everv Commission member who has a conflict of interest shall publicly disclose the conflict at the next ��Commission meetin� after the Commission member discovers the conflict. The nature and extent of such conflict of interest shall be fullv disclosed, and a summarv of the same shall be incor�orated into the official minutes of the Commission�roceedin�s. If a Commission member feels that thev cannot be unbiased because of any conflict of interest, the Commission member shall recuse themselves from further �roceedin�s on the issue. Such Commission member shall make a public statement disclosin� the reasons why the Commission member believes they are€e�s disqualified, and state the,��are recusin� themselves from the issue. The disqualified Commission member will then leave the Council Chambers until such time as the issue at hand has been disposed of in the re�ular course of business. If there are other matters on the a�enda, then the disqualified Commission member must return to the Council Chambers to participate in the other matters as soon as the Commission ends discussion of matter in which the disqualified Commission member has a conflict of interest. D. Other Prohibited Acts. Commission�4members ^�*'�°� r�mm;��;�� are prohibited from: 1. Acting in a manner; which would result in neglect of duty, misfeasance or malfeasance in office. 2. Acting in a manner that intentionally disrupts Commission meetings. � 3. Missing three ��or more consecutive regularly scheduled meetings or study sessions� rii4Sr'.riir�Si��irrc°r,•�a� 7 � �€�i"vcr-�i€�� C�a3crc'd�Yv��6�'�iv� W1t�lOUt SUC�1 absences being excused by the Commission. I Updated and Approved by Council�7-�37-2012� Page 6 of 8 The Commission reco�nizes that consistent and re�ular attendance of ineetin�s bv all members is inte�ral to fulfillin� the purpose of the Plannin� Commission. All members should attend all meetin�s and keep absences to an absolute minimum. If a member is absent, then at the be�innin� of the Plannin� Commission meetin�, the Chair shall inform the Commission of the member's absence, state the reason for such absence, and inquire if there is anv objection to excusin�the member. If there is an objection, the Presiding Officer shall make a motion to excuse the member. If the motion is seconded, a vote shall be had, and the outcome of the vote shall determine whether the member shall be considered excused. If there is no objection, or a motion to excuse the member is not seconded after an obj ection was made,then the member shall be deemed excused. If the Chair finds that the Commission has inadequate information to determine whether the absent member should be excused, and the �erson is not�resent, then the Chair should defer any determination of whether to excuse the member pendin r� eceipt of more information. A Commission member's absence is excused if they have recused themselves from a matter that is bein� discussed durin� the meetin�, and the recusal is due to an actual or perceived conflict of interest. 4. Using his or her position to secure special privileges or exemptions for himself, herself, or others. 5. Directly or indirectly receivin�, acce�tin�, takin�, seekin�, or solicitin� an, hin� of economic value re�ardless of the amount, as a �ift, r� atuit,y, or favor. ' > > > > � , � 6. En�a�in� in or acceptin�private employment or render services for an�person or en�a�e in any business or professional activity when such employment, service or activi , is incom�atible with the�ro�er and faithful dischar�e of his/her off'icial duties as a Commission member, or when it would require or induce the Commission member to disclose confidential information acquired by reason of such off'icial position.^��°�*�� °m�'��m°r* �r °r �i,o r„ 7. Disclosing confidential information gained by reason of his or her membership on the Planning Commission or using such information for his or her personal gain or benefit. 8. En�a�in� in any meetin� that violates the Open Public Meetin�s (OPMA). OPMA strictly forbids any meetin� of a quorum of the Commission durin� which any City business is discussed. The OPMA provides that Commissioners maX i. meet informallv in less than a c�uorum and discuss Citv business, and ii. meet in a quorum if City business is not discussed. However Commissioners are encoura�ed to be mindful that such meetin�s risk creatin� an appearance of violation of the OPMA when such meetin�s can be avoided. If a meetin� occurs that is, or would to a reasonable person a�ear to constitute a violation of the OPMA, the Commissioners involved in the activity should publicly disclose the nature of such activity at the next Commission meetin�. If�ossible, the Commissioner may consult the Citv Attornev for advice on whether the meetin�violates the OPMA. I Updated and Approved by Council�7-�37-2012� Page 7 of 8 1�I !''...,f'1;..+ ..�'T.,+.,...,�+ . , > > ,-o.a l.. 1...� ,-04;-.,;,� �..,,�, ,�..,-t;..;�...r;.�., ., .,�;.�.. .,,� �l.o .�...�ro,- > • 14�. Appearance of Fairness A. The Commission shall adhere to the applicable requirements of the �Appearance of€Fairness �Doctrine, RCW Chapter 4236. B. During the pendency of any quasi judicial proceeding, no Commission member may engage in ex parte communications with proponents or opponents about a proposal involved in the pending proceeding,unless the Commission member: 1. places on the record the substance of such oral or written communications; and 2. provided that a public announcement of the content of the communication and of the parties' right to rebut the substance of the communication shall be made at each hearing where action is taken or considered on the subject. This does not prohibit correspondence between a citiaen and Commission members if the correspondence is made part of the record, when it pertains to the subject matter of a quasi judicial proceeding. (RCW 42.36.060) 15g. Review of These Rules of Procedure The �Commission shall review these rules of procedure on the first anniversary of their adoption and the odd numbered years thereafter. Proposed chan�es upon the recommendation of the City Attorney may be brou�ht as a�ro�riate. Any amendments identified by the � Commission or the City Attorne�shall be forwarded to the City Council for review and ratification. KNOW ALL PERSONS BY THESE PRESENT: That the undersigned Secretary of the Spokane Valley Planning Commission does hereby certify that upon review and majority vote the above and forgoing rules have been duly adopted by the members of said Commission. �, BY: Secretary of the Commission � Date: � I Updated and Approved by Council�7-�37-2012� Page 8 of 8 CITY OF SPOKANE VALLEY Request for Planning Commission Review Meeting Date: July 12, 2012 Item: CheCk all that apply: ❑consent ❑old business ❑new business � public hearing ❑ information ❑ admin.report ❑ pending legislation FILE NUMBER: CTA-2012-0002 AGENDA ITEM TITLE: Public Hearing—Amendment to the Spokane Valley Municipal Code DESCRIPTION OF PROPOSAL: City initiated text amendment to the Spokane Valley Municipal Code (SVMC), Chapter 19120 (Permitted and Accessory Uses) matrix affecting numerous uses in commercial,mixed use, office, and industrial zones. GOVERNING LEGISLATION: RCW 36.70A106; SVMC 17.80150 and 1930.040 PREVIOUS ACTION TAKEN: Planning Commission conducted a study session on June 28, 2012. NOTICE: Notice for the proposed amendment to SVMC was placed in the Spokane Valley News Herald on June 22 and June 29, 2012. Notice for the proposed amendment was provided consistent with applicable provisions of SVMC Title 17. APPROVAL CRITERIA: SVMC Section 17.80.150(F)provides approval criteria for text amendments to the SVMC. The criterion stipulates that the proposed amendment(s) must be consistent with the applicable provisions of the Comprehensive Plan and bear a substantial relation to the public health, safety,welfare, and protection of the environment. OPTIONS: Planning Commission may recommend approval as presented; recommend approval with modi�cations,recommend the proposal not be adopted, or forward no recommendation to City Council. STAFF CONTACT: Christina Janssen-Assistant Planner ATTACHMENTS: Staff Report Draft amendment(s)to SVMC 1of1 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION CITY OF �V�� PUBLIC HEARING STAFF REPORT TO THE Vall��N PLANNING COMMISSION CTA-�2-12 STAFF REPORT DATE: July 3, 2012 H�Ax�1vG DATE A1vn LocAT�o1v: July 12, 2012, beginning at 6:00 p.m., Spokane Valley City Hall Council Chambers, Valley Redwood Plaza Building, 11707 East Sprague Avenue, Suite 101, Spokane Valley, Washington 99206. PROPOSAL DESCRIPTION: City initiated text amendment updating Chapter 19.120 (Permitted and Accessory Uses) of the Spokane Valley Municipal Code (SVMC). APPL�cANT(s): City of Spokane Valley APPxovAL CR�TEx�A: Spokane Valley Comprehensive Plan, Spokane Valley Municipal Code (SVMC) Title 17 General Provisions, and Title 21 Environmental Controls. STAFF PLANNER: Christina Janssen, Assistant Planner, Community Development Department REVIEwED BY: Scott Kuhta, AICP,Planning Manager, Community Development Department SUMMARY OF RECOMMENDATION: The Planning Division, after review and consideration of the proposed City initiated code text amendment and applicable approval criteria recommends that the Planning Commission approve CTA-02-12. ATTACx1v1E1v'rs: Proposed Text Amendment In early 2012 the Spokane Valley City Council requested that staffperform a review Chapter 19120 SVMC(Permitted &Accessory Uses)with a focus on the Corridor Mixed Use and Garden Office zones. Speci�cally, evaluating existing uses listed in the chapter and proposing additional uses which may be appropriate in these zones. As staff began the review process, a number of other updates were identified; either updates to zones other than CMU or GO, and general format updates to help make the matrix more user friendly. The following is a brief discussion regarding the proposed changes. 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 zone due the availability of structures large enough to accommodate this type of business. Manufacturin�: 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/motorc.�paintin�, 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. Staff Report and Recommendation CTA-02-12 Barber/beaut, s�p. Proposed as an allowed use in the Garden Office zone 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. 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 traffic 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. Brewer;Y,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. Buildin� Su�ly&Home Improvemenr 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& Confectionarv_: Proposed as an allowed use in the Garden Office and Office aones 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 that these uses be separated and that 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. Church,temple, mosque, syna�o�ue and parsona�e: Proposed as an allowed use in the Garden Office aone. 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. Dru S� tore: A dated term,proposing to rename this item"Pharmacy", a more widely used term and relocate it alphabetically within the code. Dwellin�, 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 zoned CMU when contemplating uses including,but not limited to,hospitals,regional transportation facilities,inpatient facilities, etc. Exercise facilit��ym/athletic club: Proposed as an allowed use in the Office zone. 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 zone. Hobb. S�p. Proposed as an allowed use in the Garden Office and Of�ce 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. Page 2 of 4 Staff Report and Recommendation CTA-02-12 Home furnishin�s, 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. Office & Com�uter sales: Proposed as an allowed use in the Neighborhood Commercial zone. Smaller, neighborhood scale businesses as opposed to "big box"office retail(Office Depot). Photo�raphic 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 broadcastin�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 trainin�/learnin� schools or studios: Proposed as an allowed use in the Garden Office zone, these types of businesses which can include dance,martial arts,music, or other similar uses do not generally produce traffic or noise which would be harmful to nearby neighborhoods. T�idermv: Proposed as an allowed use in the Corridor Mixed Use zone. Taxidermy is a low intensity use generating low traffic volumes. A. BACKGROUND INFORMATION 1. APPL�cAT�o1v PxocESS�1vG: SVMC Chapter 17.80, Permit Processing Procedures. The following summarizes application procedures for the proposal. Process Dcrte Published Notice of Public Hearing: June 22&June 29 Posted Notice of Public Hearing: June 22 B. FINDINGS AND CONCLUSIONS SPECIFIC TO THE MUNICIPAL CODE TEXT AMENDMENT 1. Compliance with Title 17(General Provisions) of the Spokane Valley Municipal Code a. Findings: SVMC 17.80150(F). Municipal Code Text Amendment Approval Criteria i. The City may approve Municipal Code Text amendment if it finds that(analysis is italicized): Page 3 of 4 Staff Report and Recommendation CTA-02-12 (1) The proposed amendment is consistent with the applicable provisions of the Comprehensive Plan. Staff Comment: The proposed amendments are consistent with the applicable policies of the Comprehensive Plan. They maintain the intent of the code while allowing for greater flexibility for businesses wishing to locate in the City of Spokane T�alley. Below are the relevant policies fi^om the Comprehensive Plan: LUG-3: Ti^ansform various commercial business areas into vital, atti^active, easily accessible mi�ed use areas that appeal to investors, consumers and residents and enhance the community image and economic vitality. LUP-4.2: Integrate retail developments into surrounding residential areas with attention to quality design and function. LUP-8.1: Allow commercial, residential and recreational uses in conjunction with permitted uses in Office designated areas. (2) The proposed amendment bears a substantial relationship to the public health, safety, welfare, and protection of the environment Staff Comment: Public health, safety and welfare are furthered by providing flexible development regulations while preserving the character of surrounding �eighborhoods. 2. Finding and Conclusions Specific to Public Comments a. Findings: As of July 3, 2012 no written comments have been received. b. Conclusion(s): Adequate public noticing was conducted for CTA-02-12 in accordance with adopted public noticing procedures. 3. Finding and Conclusions Specific to Agency Comments a. Findings: Staff has received no agency comments as of July 3, 2012. b. Conclusion(s): No concerns are noted. C. OVERALL CONCLUSION The proposed City initiated Municipal Code Text amendment is consistent with the Comprehensive Plans policies and goals. D. RECOMMENDED MOTION I move to recommend approval of CTA-02-12 to the City Council; or I move to recommend approval of CTA-06-11 with the following changes...... Page 4 of 4 d td7 O 'a 0 R y R R C � C Schedule of Permitted Uses y � o �'� •� '� '� Q � ,, � o � o v � v R v 0 � > Reference Conditions y Appendix 19-A .a v -a v v � � � � o � y v rn v N U w� ' y v � rnE E E rnE Y R � x Q N O N . R '� �y O O O N O R G- � N I � � � � � � z �U U� C9 O zU UU �U av� s 711 Adult entertainment establishment S S Chapter 19.80 SVMC 453 Adult retail use establishment S S Chapter 19.80 SVMC 311 Agricultural processing plant,warehouse P P �� n�.,..�rr.., ..��r�,.r„�;„„ $ � 481219 Airstrip,private P P 62191 Ambulance service P P R P P P P P � 54194 Animal clinic/veterinary P S P P P SVMC 19.60.040(B)(1) 311613 Animal processing facility P S S S S S S 112 Animal raising and/or keeping S S Excluding NAICS 1122, Swine.SVMC 19.40.150. 81291 Animal shelter P P 31161 Animal slaughtering and processing P 45392 Antique store P P R P P P � 448 Apparel/tailor shop P P R P P P P P � 443111 Appliance sales/service P P R P P A A Only if manufactured/ � assembled on premises. �� n.,.,i��..,.o�.., ..��r�,.r,�r�.,,. � g I 45392 Art gallery/studio P P R P P P P P � �� n�.,h�ir„i�.,ri.., .,��t�,.r,,.;„„ $ � 333 Assembly—heavy P 334 Assembly—light P P P P P P P P P 623312 Assisted living facility P P P P 4533 Auction house P P P P � 4533 Auction yard(excluding livestock) P P 1152 Auction yard,livestock P 3361 Automobile assembly plant P 922 Automobile impound yard P P <revdate>(Revised 3/12) 19-1 441 Automobile/light truck sales and service P P P P � 4853 Automobile/taxi rental P P R P P P P P � 811121 Automobile/truck/RV/motorcycle painting, S S P P P Enclosed structure only. repair,body and fender works SVMC 19.60.050(B)(3). 4413 Automotive parts,accessories and tires P P P P P P � 31�g1 ❑��o., .,.,��,.r� ..��r�,.r��.�.,,. � R � 445291 Bakery,retail P P R S S P P P A A Floor area limited to 10% of Gross Leasable Floor Area(GLFA)not to exceed 1,000 sf. � 52211 Bank,savings/loan and other financial P P R P P P P P P P institutions � 8121 Barber/beauty shop P P R PA P P P P P I �gl ❑�rro., oh��i,��.,,.r.,,�.,��r�,.r��.�.,,. $ $ P P P P P P 721191 Bed and breakfast P P P 11291 Beekeeping,commercial P S S S 11291 Beekeeping,hobby SVMC 19.40.150(C) � 4511 Bicycle sales/service P P R P P P P P P P 336611 Boat building,repair and maintenance P P � 441222 Boat sales/service P P P P � 4512 Book/stationery store P P R P P P P P 3121 Bottling plant P P � 71395 Bowling alley P P R P P � 722 Brewery,micro P P R P P P P P P P � 3121 Brewery,winery and/or distillery P P R P P P P I �� o.,.,.,,,,,, ..��a.,,.��.�,,,. R R � 4441 Building supply and home improvement P P P P � 445292 Candy and confectionery P P R P P P P P P P � 71399 Carnival,circus T T � T T T T 3219 Carpentershop P P P P 561740 Carpet and rug cleaning plants P P 811192 Carwash P P S P P P P SVMC 19.60.040(B) <revdate>(Revised 3/12) 19-2 S okane Valle Munici al Code 7132 Casino P P R P P � 454113 Catalog and mail order houses P P P P P P P 72232 Catering services P P R P P P P � P P P P 8122 Cemetery�^�'^�^�.,��'^��^^ p � 451112 Ceramics shop P P R P P P P � � rh,.,,,�,..,i,,, ��a.,,.��.�.,,. R I P P P P P P 813 Church,temple,mosque,synagogue and P P R P P P P P � parsonage 4481 Clothes,retail sales P P R P P P � 49312 Cold storage/food locker P P 6113 College or university P P R P P P P � 517 Communication service/sales P P R P P P P P � �34� r,.,,,,,,��„�,.,��,.,,�,. „��a.,,.��.�,,,. R R R R I S S S S S S 921—922 Community facilities S S � S S S S S S S S See zoning districts for � conditions. P P P 8134 Community hall,club,or lodge P P R P P P P P � P P P 6232 Community residential facility(6 or less residents) P P P 6232 Community residential facility(greater than 6 residents,no more than 25) 56173 Composting storage/processing,commercial P 54151 Computer services P P � P P P P P P P � 2373—238 Contractor's yard P P P P P 623 Convalescent home,nursing home P 44512 Convenience store P P A A P P P P P �g r,.�.,,,.��,..,,,,�,,, ,.ii., ��a.,,.��.�,,,. � � I Crematories P P P P � P P P P P P 6233 Day care,adult P P R A P P P A A � C C C C P P 624410 Day care,child(13 children or more) P P A A P A A P P P P P P 624410 Day care,child(12 children or fewer) P P R A A P P P A A � 4521 DepartmenWariety store P P R P P � nn�� R R R �4 R R R R R I 19-3 <revdate>(Revised 3/12) � 8123 Dry cleaners P P R A P P P P 812332 Dry cleaning,laundry,linen supply plant, P P commercial 3211114 Dry kiln P S S S 814 Dwelling,accessory apartments SVMC 19.40.100 814 Dwelling,caretaker's residence S S S SVMC 19.60.060(B)(1) � P P 7213 Dwelling,congregate P P R P P P P P 814 Dwelling,duplex P P � P P P 814 Dwelling,multifamily P P R S S SVMC 19.60.020(B) P P P P P P 814 Dwelling,single-family P P S S SVMC 19.60.020(B) � P P P 814 Dwelling,townhouse P P R R 334—335 Electrical/electronic/computer component and P P P P P P P system manufacturing/assembly I � Cmorrnln}h�nflc nfln niif�n}�irinn g g � 713 EntertainmenVrecreation facilities,indoor P P R P P P P C � 7139 EntertainmenUrecreation facilities,outdoor P P R P P P P 5323 Equipment rental shop P P P P P 8113 Equipment sales,repair,and maintenance P P P P P � 7222 Espresso/latte retail service P P R P P P P P P P � R R R R R R 92 Essential public facilities R R R R R R R Chapter 19.90 SVMC � A A 71394 Exercise facility/gym/athletic club P P R A P�4 P P P A A I �'� Cvnlnci.�om niif�n}�irinn g 493190 Explosive storage P P P P P P P P 814 Family home,adult P P P P P P P P P P 814 Family home,child P P P P 441222 Farm machinery sales and repair P P P 112112 Feed lot P 311211 Feed/cereal/flour mill P P I �r� co.r;i��o..., .,��r�,.r,�.�..,, g � 81292 Film developing P P R A A P P P � 44313 Film/camera sales/service P P R A A P P P <revdate>(Revised 3/12) 19-4 S okane Valle Munici al Code 4531 Florist shop P P R A A P P P P � � c,.,.,�,.,.,��,.�... ��a.,,.��.�„�� I 44521 Food sales,specialty/butcher shop/meat P P R S P P SVMC 19.60.040(B)(3) � market/specialty foods 484 Freight fonvarding P P 447 Fueling station P P P A P P P P 81221 Funeral home P P P � C��..,�r��.o.,, .,��r�,.r��r�..,. � � I � r_.,.,,,,.,,�,,, ��r.,,.��.�,,,. � � I 453 Gift shop P P R A A P P P A � S S S S S S 71391 Golf course P S P P Chapter 22.60 SVMC C C C C C C 71391 Golf driving range/training center P C S P P Chapter 22.60 SVMC 49313 Grain elevator P P 44422 Greenhouse,nursery,garden center,retail P P P P P P 1114 Greenhouse,nursery,commercial S S P P SVMC 19.60.050(B)(3) 4451 Grocery store P P R S P P SVMC 19.60.040(B)(3) � 44413 Hardware store P P R S P P SVMC 19.60.040(B)(3) � 562211 Hazardous waste treatment and storage S S SVMC 21.40.060 4812 Heliport P P 4812 Helistop C C C C P 45112 Hobby shop P P R P PA P P P � 442 Home furnishings,retail sale P P P P P � 6221 Hospital P P P P P R R R R R R 622210 Hospital,psychiatric and substance abuse R R R R R R R R 622310 Hospital,specialty P P R P P P A A � 7211 Hotel/motel P P R P P P P � 312113 Ice plant P P � '^^�^'"��,- '`'�,'""'"� g I 45322 Jewelry,clock,musical instrument assembly, P P R A P P P P P � sales/service 81291 Kennel,indoor kennel,doggie day care facility S S S S P P See zoning districts for conditions. 19-5 <revdate>(Revised 3/12) 54138 Laboratories(Bio Safety Level 2) P P P 54138 Laboratories(Bio Safety Level 3) P P P 54138 Laboratories(Bio Safety Level 4) P P � 62151 Laboratories,medical and diagnostic P P R P P P � 44419 Landscape materials sales P P P P P A A A 812310 Laundromat P P A P P P P � 4453 Liquor store P P R A A P P � 561622 Locksmith P P R A A P P P 3211 Lumbermill,sawmill,shingle mill,plywood mill P 33271 Machine shop P P P I � nn�,.h�..oi.,,�,.h�..or, ..��r�,.r��.�..,. $ $ 236115 Manufactured home fabrication P P S S S S S 814 Manufactured home park SVMC 19.40.130 45393 Manufactured home sales P P P � Manufacturinp � 336411 Aircraft manufacturinp P � 33522 Appliances manufacturinp P P � 32412 Asphalt planUmanufacturinp P � 31181 Bakerv products manufacturinp P P � 33591 Batterv rebuildinp/manufacturinp P P � 339994 Broom manufacturinp P P � 325 Chemical manufacturina P � 3342 Communications epuipment manufacturinp P P P P � 339 Cosmetic and miscellaneous manufacturinp P P � 322226 Emerv cloth and sandpaper manufacturinp P P � 32592 Explosive manufacturinp P � 3253 Fertilizer manufacturinp P � 311 Food product manufacturinp/storaae P � 337 Furniture manufacturinp P P � 315 Garment manufacturinp P P � 32591 Ink manufacturinp P <revdate>(Revised 3/12) 19-6 S okane Valle Munici al Code 333 Machine/machinerv manufacturinp P P � 327 Manufacturinp.nonmetallic metal products P P � 3391 Medical and laboratorv instrumenVapparatus P P P manufacturinp Mineral product manufacturinp,nonmetallic P � 32411 Petroleum and coal products manufacturinp P � 32511 Plastic and rubber products manufacturinp P � 314991 Rope manufacturinp P P � 325212 Rubber reclamation,manufacturinp/fabrication P � 33995 Sipn manufacturinp/repair P P � 32561 Soap and cleaninp compound manufacturinp P � 31411 Textile manufacturinp P P � 321 Wood product manufacturinp P P � � nn�..��r�,.r,��..,, or�ii�,..,,or�i.,.,.,��,.r� g g I 453998 Market,outdoor P� P� �P P� P� �P P� � 621498 Massage therapy P P R P P P P P � 3116— Meat/fish canning,cutting,curing and smoking P P 3117 �g-� nno,��,.�i�..,�i��,,..�r„�, ..�r.��.,,o..ri�....�.�r,�� $ $ $ i if�n}�� 42345 Medical,dental,and hospital equipment P P P P supply/sales 6214 Medical/dental clinic P P R P P P P P � 621 Medical/dental offce P P R P P P P P � 332 Metal fabrication P P 332 Metal plating P 332 Metal processes,hot P nn�..or�i.,r,.,��,.r.,, ..��r�,.r,��..,, or�ii�,. $ � 212 Mining P 722330 Mobile food vendors S S S S S S S S S S S SVMC 19.60.010(H) � T T T T T T 236115 Model home units 71211 Museum P P R P P P P � 19-7 <revdate>(Revised 3/12) � 45114 Music store P P R A A P P P � A A 561 Office P P R P P P P P P P � 45321 Office and computer supplies P P R A p P P P P 999 Off-road recreational vehicle use P P 1113 Orchard,tree farming,commercial P P 32211 Paper/pulp mills P � 4859 Park-and-ride facility P P R P P P P P 522298 Pawnshop P P P P � 812 Personalservice P P R P P P P P � 45391 Petshop P P R A P P P � 44611 Pharmacv P P A P P P P P I �� o,.�.,,i,.��,,,.,,,a,. .,i,.,.,��,.��,,, ��r.,,.��.�,,,. — — — � � 54192 Photographic studio P P R PA AP P P P I '1)�� DI��Ii..�...,l.iihh......�.,lii�I�w. iif��lii.i.... � 326199 Plastic injection molding,thermoset P 326199 Plastic injection molding,thermoplastic P P P P P P 326199 Plastic injection solvent molding P � 491 Post office,postal center P P R P P P P P P P 221 Power plant(excluding public utility facilities) P � 56143 Printshop P P R A P P P P P P 323 Printing,reprographics,bookbinding services, P P commercial � 48849 Public pay parking garage/lot P P R P P P � S S S S S S 221 Public utility distribution facility S S R P P P P P P P P See zoning districts for conditions. � S S S S S S 237 Public utility transmission facility S S S S S S S S S S S See zoning districts for conditions. 71399 Racecourse P P P P 711212 Racetrack P P � 5151 Radio/TV broadcasting studio P P P P P P 4821 Railroad yard,repair shop and roundhouse P 7212 Recreational vehicle park/campground C S SVMC 19.60.060 <revdate>(Revised 3/12) 19-8 S okane Valle Munici al Code 44121 Recreational vehicle sales and service P P P � 56292 Recycling facility S S S P P P P P P P P 51511 Repeater facility P P P P P P 7222 Restaurant,drive-in P P P P P P 7222 Restaurant,drive-through P P A C P P P P 722 Restaurant,full service P P R A P P P P P P � 452—453 Retail sales P P R A P P P A A Limited to items � manufactured on the premises. 71399 Riding stable C P P 33122 Rolling mill P �1-4�&1 �iag � � � �'� DiiL.horronl�m�}��n, niif�n}�irinn/f�hrin�}inn g I P P P P P P 6111 Schools,public and private,K through 12 P P R P P P � P 6114 Schools,professional,vocational and trade P P R P P P P P P � schools Showroom P P P P P P 4533 Secondhand store,consignment sales P P R P P P S SVMC 19.70.010(B)(9) � �398a vi9m ��r�,^�,4��;� R R I 33995 Sign painting shop P P P P P � R � 56292 Solid waste recycling/transfer site S S S SVMC 19.60.060(B) 6116 Specialized training/learning schools or P P R P P S P P Adaptive reuse of � studios existing structures only. No expansion allowed. P P 49319 Storage,self-service facility P P P P P P 493 Storage,general—outdoors S S S S P See zoning districts for conditions. Tank storage,LPG above ground S S S S S S S S SVMC 21.40.060 � 213112 Tank storage,critical material above ground S S SVMC 21.40.060 213112 Tank storage,critical material below ground S S S S SVMC 21.40.060 3161 Tanning,curing of hides and skins P 7224 Tavern P P R P P P � 19-9 <revdate>(Revised 3/12) � Taxidermy P P P � S S S S S S 5172 Telecommunication wireless antenna array S S S C S S S S S Chapter 22.120 SVMC � C C C C C C 5172 Telecommunication wireless support tower S S S C S S S S S Chapter 22.120 SVMC I �� T,.,,��i,.... ��a,,.��.�,,,. R R � 711 Theater,indoor P P R P P P 711 Theater,outdoor P P P P 56292 Tire,recap and retread manufacturing P � S S S S S S 5179 Tower,ham operator S S S C S S S S SVMC 19.40.110(A) 221119 Tower,wind turbine support C S S S S S SVMC 19.40.110(B) � 4851 Transit center P P R P P P P P C 7213 Transitional housing 441222 Truck sales,rental,repair and maintenance P P 445—447 Truck stop P P 81142 Upholstery shop P P P P P 49311 Warehousing A S P A P P Adaptive reuse of existing structures.No expansion allowed. � � R � 56292 Wrecking,recycling,junk and salvage yards C S SVMC 19.60.060(B) P Permitted Use A Accessory Only R Regional Siting T Temporary Permit S Conditions Apply C Conditional Use Permit <revdate>(Revised 3/12) 19-10 ��. " '` Department of Community Development " Varle � '`��. , ! }. � ,3'_.. Planning Division � , i�; Plannin Commission g Public Hearin g July 12, 2012 �'TA-�Q1�-Q002 Pra��os�� mendments �o th� Spokane Valley Municipal Code ��. " '` Department of Community Development " Varle � '`��. , ! }. � ,3'_.. Planning Division � , i�; Cha ter 19 . 12 0 p Permitted & Accessory Uses • Corridor Mixed Use & Garden Office zones ��. " '` Department of Community Development " Varle � '`��. , ! }. � ,3'_.. Planning Division � , i�; Zonin Ma �r� ��- . _ . �»� _ _ __ _.d.- :-�,..l,- r ' � ' + ` �.a s�J��,4 � — s� . ;�` _- ��_ � ___t .�p� W_� � __ _ �.. �r� � : � ,r _ , � r , -- - � _ �: ,° s + , �: ,�" � - , �� . . '1" -- � ;'�}� f. _ `�'f I . .-��'� �` �"�� .. - , �� _, � +`� e��+_` ��``— � —_ - � � a � i� y '`�� .y�uaii .,i '!R ,_ � ��'■ +w�F ' 6� _ '� T - ;F� �� --- � • �' -�� . -_ �- ..� �' _ _ _. � � . _■� - �.ri�-- - � .... �� _ — �i� __ - �R.��`.�"� R• i . '� ,rxw.—.n,...— �� ti�.. _ �. ;,^�� ,:� �. � ._._ - L�� __ � �-��N; '� I iK, � - i Y ' �.r � . ; ' __ , __:� '� � � __ ��, � �r �� `� � � � - � � � - '�, � � rs.� x � �� - :; � � a F2?1' �— f° f� �� . " '` Department of Community Development " Varle � '`��. , ! }. � ,3'_.. Planning Division � , i�; Zonin Ma �r� ��- . . : �»� :+.,.. - r ,�_. �. _-_ _ -.�.- - ' + ^ !t �.a s�`J��4 1 . ,.. __ _J,e.�� s� � .�� _- �� __.- .�p� W_� � __ _ �.. �rr� � : � !r _ � , � J .� v , J' I . - � ��1pn ��4.. ��- fJ � � J I ry �9�I �,. � .�4�� I s " IE`�: �as�.e . .�� '• "� !T 1 � /�'�` �O:� r1. ��r. . _ �;� . �..y�u�ii .�i '!4 �,.. � . Vj ■ r � � , �+ �. , F� � �' �_ �� u �- y} = .��._ ' _,' .�;: �"`` `-;-� _ ,'�� "'`� '_•: �... �� . -� F. .r� __ � �Ir !�... - !�.�. �P�.'h , �__. �� !�� r� `" .e r. �i � _ ° , ��C �f-1,;,, ' ' !'!f . ._. . � � �. _,.. .� � ,�, � � f� .� - I �� .- �. I� --- - L�� _. � r �' �-`�� _ , '`: � ` , __ �--i � • f � . __ r. _ •;� �� , < __ �� s � # , . � � - �� r,.� x � �' ' :� � � a F2?1' �- f° f� I` �� 'I ��. " '` Department of Community Development " Varle � '`��. , ! }. � ,3'_.. Planning Division � , i�; Cha ter 19 . 12 0 p Permitted & Accessory Uses • Corridor Mixed Use & Garden Office zones • General housekeeping items • Miscellaneous updates ��. " '` Department of Community Development " Varle � '`��. , ! }. � ,3'_.. Planning Division � , i�; Cha ter 19 . 12 0 p Permitted & Accessory Uses • Manufacturing • Crematories ��. " '` Department of Community Development " Varle � '`��. , ! }. � ,3'_.. Planning Division � , i�; Ex lanation of Codes p • P Permitted Use • R Regional Siting • S Conditions Apply • A Accessory Only • T Temporary Permit • C Conditional Use ��.. " '` Department of Community Development " Varle � '`��. , ! }. � ,3'_.. Planning Division � , i�; • � uestlons . ��. " '` Department of Community Development " Varle � '`��. , ! }. � ,3'_.. Planning Division � , i�; x � � � � � _ -� � Schedule of Permitted Us�es � � � o � �' � � � a = � ��rence condnians cn Appendix 99y4 � � � � � � � � � o � � d � � a� m r N C�'7 � L.L L.L d x G7 O Vi . �L � GS 8 8 O GY 8 4q a r N �2 �2 'L � V C.7 � C7 � Z C.1 C.1 C.7 CC C.1 a VS _ 711 Adutt erRertainmerit establishmerit S S Chapter 19.84 SVMC 453 AduR retail use establishmer�t S 5 Chapter 19.80 SVMC 311 Agricuttural processing plarrt, warehouse P P �� n�v...ari.,,a.,��sa.�+��.�.,�, R 481219 Airstrip,private P P 62191 Ambulance ser�ice P P R P P P P P 54194 Animal clinicJveterinary P S P P P SVMC 19.60.040[B)(1) 311613 Animal processing facility P S S S S S S 112 Animal raising andlor keeping S S Excluding NAICS 1122, Swine.SVMC 19.40.150. 81291 Animal sheRer P P 31161 Animal slaughtering and processing P 45392 ArRique store P P R P P P 448 Apparel�tailor shop P P R P P P P 443111 Appliance saleslservice P P R f� P A A Only if manufactured! assembled on premises. � R R 45392 Art gallerylstudio P P R P P P P P -� n�..,r.ew.,ie.-hr.,.e.,��fe..��. R 333 Assembly—hea�y P 334 Assembly—light P P P P P P P P P 623312 Assisted living facility P P P P I 4533 Auction house P P P �" 4533 Auction yard(excluding li�estock] P 1152 Auction yard,livestock P 3361 Automobile assembly plarR P 922 Automobile impound yard P P ��. " '` Department of Community Development " Varle � '`��. , ! }. � ,3'_.. Planning Division � , i�; x � � � � � _ -� � Schedule of Permitted Us�es � � � o � �' � � � a = � ��rence condnians cn Appendix 99y4 � � � � � � � � � o � � d � � r.i r� � � r� � x � �� m � '-' � E E E 'm E � m T x CC CC CC CC �2 �2 'L � V C.7 � C7 � 'L C.1 C.1 C.7 CC C.1 a i17 _ N 441 �AutomobileAight truck sales and service P P P P 4853 Automobilehaxi rerrtal P P R P P P P 811121 AutomobilehruckJRVlmotorcycle pairrting, 5 '= P P P Enclosed structure only. repair,body and fender works SVMC 19.60.050(B](3). 4493 Automotive parts,accessories and tires P P P P P P �n� R R 445291 Bakery,retail P P R S S P P P A A Floor area limded to 10% I of Gross Leasable Floor Rrea(GLFA]not to exceed 1,000 sf. 52219 Bank,savingsAoan and other financial P P R P P P P P P P instdutions 8121 Barberaheauty shop P P R 1�' P P P P P o ae„e..,�e�„ e e R R P P P P P P 721191 Bed and breakfast P P P 11291 Baekeaping, commarcial P 5 5 5 11291 Beekeeping, hobby SVMC 19.40.150(C] 4511 Bicycle salesJservice P P R §3 P P P P P P 336611 Boat building, repair and mairrtenance P 441 222 Boat saleslser�+ice � P P � 459 2 Booklstationery store P R P P P P P 3121 Battling plarrt P P 71395 Bowling alley P P R P P 722 Bravwary,micro P P R P P E� P P P P 31 21 Brewery,winery andlor distillery P P R P P P P �5894 ° ° R R 4441 Building supply and homa impro�amant P P P P 445292 Candy and confectionery P R �_ �, P P P P P 71399 Carni�al, circus T T � T T T T 3219 Carperrter shop P P P P 561740 Carpet and rug cleaning plarits P P 811192 Carvwash P P S P P P P SVMC 19.60.040(B] ��. " '` Department of Community Development " Varle � '`��. , ! }. � ,3'_.. Planning Division � , i�; x � o � � � � � � Schedule of Permitted Us�es � � � � '� �''� '� °i __ �' `o �, 3 � �a �, � Reference Canditions cn Append'Ix '19,A � � ,-°a_ m m L � � � o � � � m m r r� r, � r r� cy x � � ar � t' a� � � � 'a� � � � T x LL L.L � GS O V� . �L 6S O O d 6S O 1Q Q {y �C �C �C �C � � x � � c> > ca � x � � � �C � a cn s s 79 32 Casino P P R P P 454113 Catalog and mail order houses P P P P P P P 72232 Catering services P P R P P P P P P P P 89 22 Cemetery and s�a�eKies P 451112 Ceramics shop P P R P P P P -� ra ri.e...�..ai e R P P P P P P 81 3 Church,temple, mosque, synagogue and P P R F^ P P P P parsonage 4481 Clothes, retail sales P P R � P P 49312 Cold storagalfood lockar P P 6113 College or universdy P P R P P P P 517 Communication servicelsales P P R P P P P P -� r,...........;._va e e e e R R R R 5 S S S 5 5 921—922 Commundy facildies 5 5 � S S 5 5 S S S S See aoning districts for conddions. P P P 8134 Community hall, club, or lodge P P R P P P P P P P P 6232 Community resideritial facility(6 or lass residerrts) P P P 6232 Commundy resideritial facildy(greater than 6 residerrts,no more than 25] 56173 Composting storagafprocessing, commarcial P 54151 Computer services P P R P P P P P P P 2373—238 COf'RY9CtOY'S y+ard P P P P P 623 Convalescerit home, nursing home P 44512 Convenience store P P A A P P P P P "' R R Crematories P P P P P P P P P P 6233 �ay care,adutt P P R A P P P A A e e C C P P 624410 �ay care,child(1 3 children or more) P P A A P A A P P P P P P 624410 6ay care,child(1 2 children or fewer) P P R A A P P P A A 4521 �epartmerrtivariety store P P R P P nn�nn 9r�g-siara R R R A R R R R R ��. " '` Department of Community Development " Varle � '`��. , ! }. � ,3'_.. Planning Division � , i�; x � � � � � _ � � Schedule of Permitted Us�es � � � o � ��' � � � a � ��rence condnians cn Appendix '19,A � � -°a m m z � � � o � � � � m � r� r� � r r� � x � �� m � " � E E E "a5 E � � T x c[ c[ c[ c[ � � a � � cs � ' c7 � i � � � � � atn _ `~' 8123 Dry cleaners P P R A P P P P 81 2332 Dry cleaning, laundry, linen supply plarrt, P P commercial 3211114 Dry kiln P S S S 814 Dvwelling,accessoryapartmerits SVMC 99.40.100 894 D�welling,caretaker's residence 5 5 S SVMC 19.60.060(B)(1) P P 7213 Dwelling,congregffie P P R P P P P P 814 Dwelling,duplex P P P P P 814 D�+elling,muttifamily P P R S 5 SVMC 19.60.020(B) P P P P P P 814 Dwelling,single-family P P S 5 SVMC 19.60.020(B) P P P 894 D�welling,townhouse P P R R 334-335 ElectricallelectronicJcomputer componerrt and P P P P P P P I system manufacturinglassembly �F? F...e�.. ..I.-,Fh e.-..J�.e.-..J..e..e� ..,e....ie.�+..�:.-... 713 Errtertainmenthecreation facilRies, indoor P P R P P P � {; 7139 Errtertainmenthecreation facildies, outdoor P P R P P 5323 Equipmerit rerrtal shop P P P P P 8113 Equipmarit salas,rapair,and mairitenanca P P P P P 7222 EspressoAatte retail service P R P P P P P P P R R R R R R 92 Esserrtial public facilities F', R R R R R Chapter 19.90 SVMC A A 71394 Exercise facildyJgymlathletic club P R A �:- P P P A A � G....�,.�:.,e ...e e R 493190 Explosive storage P P P P P P P P 814 Family homa, aduR P P P P P P P P P P 814 Family home, child P P P P 449 222 Farm machinery sales and repair P P P 112112 Feed lot P 311211 FeedlcerealJflour mill P P �s re.+;i„e. ...e e R 81292 Film developing P P R A A P P P 44313 Filmlcamera saleslservice P P R A A P P P ��. " '` Department of Community Development " Varle � '`��. , ! }. � ,3'_.. Planning Division � , i�; x � � � � � _ -� � Schedule of Permitted Us�es � � � o � �' � � � a = � ��rence condnians cn Appendix 99,A � � � a+ m � � � � o � � a+ m m � r.i r� � � r� � x � �� m � '-' � E E E 'm E � m T x [C_ [C [C [C � �2 2 � V L..7 � L.7 � 2 {..1 {..1 L..7 [C {..1 a i15 1 N � 4531 Florist shop � P P R A A P P P P � 3�4 R 44521 Food sales,speciattylhutcher shophneat P P R 5 P P SVMC 99.60.040(B)(3] marketJspeciatty foods 484 Fraight forwarding P P 447 Fueling station P P P A P P P P 81221 Funeral home P P P �3� ° ° ° R R o r�a�.�..a.,+ R R 453 Gift shop P P R A A P P P A 5 S S S S 5 71381 Golf coursa P 5 P P Chapter 22.64 SVMC C C C C C C 71391 Golf driving rangehraining cerrter P C 5 P P Chapter 22.60 SVMC 49313 Grain elevator P P 44422 Greanhouse, nursary,gardan carrter,retail P P P P P P 1114 Greenhouse, nursery,commercial 5 S P P SVMC 99.60.050(B)(3] 4451 Grocery store P P R 5 P P SVMC 19.60.040(B)(3] 44413 Hardwarastora P P R S P P SVMC 18.64.040(@)(3] 562211 Haaardous wastetreatmerrt and storage 5 S SVMC 21.40.060 4812 Heliport P P 4812 Helistop C C C P 45112 Ho66y shop P P R °, � P P P 442 Home furnishings, retail sale P P �' P P 6221 Hospdal P P P P P R R R R R R 622210 Hospital, psychiatric and substance abuse R R R R R R R R 622310 Hospdal, speciatty P P R P P P A A 7219 Hotelhnotel P P R P P P P 31 2113 Ice plarit P P 32581 Ink manufacturing P 45322 Jewelry,clock,musical instrumerrt assembly, P P R A P P P P P saleslservice 89291 Fiennel, indoor kennel, doggie day care facility S S S S P P See aoning districts for condRions. ��. " '` Department of Community Development " Varle � '`��. , ! }. � ,3'_.. Planning Division � , i�; x � � � � � _ -� � Schedule of Permitted Us�es � � � o � �' � � � a = � ��rence condnians cn Appendix 99,A � � � a+ m � � � � o � � a+ m m � r.i r� � � r� � x � �� m � '-' � E E E 'm E � m T x CC CC CC CC �2 �2 'L � V C.7 � C7 � 'L C.1 C.1 C.7 CC C.1 a i17 _ N 54138 La6oratories(Bio Safety Level 2] P P P 54138 Laborffiories(Bio Safety Level 3] P P P 54938 L&I50Y&tOY185(Bio Safety Level 4] P P 62151 Laboratories,medical and diagnostic P P R P P P 44419 Landscape materials sales P P P P „. I# I# I# 812314 Laundromat P P A P P P P 4453 Liquor store P P R A A P P 561622 Locksmith P P R A A P P P 3211 Lumbermill, sawmill,shingle mill, ply+woodmill P 33271 Machine shop P P P � e e e e e e R R 236115 Manufactured home fabrication P P S S S S S 814 Manufactured home park SVMC 18.44.134 45393 Manufactured home sales P P P Manufacturinq 336411 Rircraft manufacturinq P 33522 Appliances manufacturinq P P 32412 RsphaR plarrtlmanufacturinq P 31181 Bakerv products manufacturinq P P 33591 Batterv re6uildinqJmanufacturinq P P 339994 Broom manufacturinq P P 325 Chemical manufacturinq P 3342 Communications equipmerrt manufacturinq P P P P 339 Cosmetic and miscellaneous manufacturinq P P 322226 Emerv cloth and sandpaper manufacturinq P P 32582 Explosive manufacturinp P 3253 Fertilizer manufacturinq P 311 Food product manufacturinpfstoraqa P 337 Furniture manufacturinq P P 315 Garmerit manufacturinq P P 333 Machinelmachinerv manufacturinq P P ��. " '` Department of Community Development " Varle � '`��. , ! }. � ,3'_.. Planning Division � , i�; x � � � � � _ -� � Schedule of Permitted Us�es � � � o � �' � � � a = � ��rence condnians cn Appendix 99,A � � � a+ m � � � � o � � a+ m m � r.i r� � � r� � x � �� m � '-' � E E E 'm E � m T x CC CC CC CC �2 �2 'L � V C.7 � C7 � 'L C.1 C.1 C.7 CC C.1 a i17 _ N 327 Manufacturinq. nonmetallic metal products P P Mineral product manufacturinq, nonmetallic P 32411 Petroleum and coal products manufacturinq P 32511 Plastic and rubbar products manufacturinp P 314991 Rope manufacturinq P P 325212 Rubber reclamation. manufacturinqJfabrication P 33895 Sipn manufacturinqhepair P P 31411 Textile manufacturinq P P 321 Wood product manufacturinq P P �� nne.,��.e e e . . . � . R R 453888 Market, outdoor ,. 629 498 Massage therapy P P R 3116— MeatJfish canning, cutting, curing and smoking P P 3117 3391 Madical and laboratory instrumaritlapparatus P P P manufacturing 42345 Medical, derrtal, and hospda]equipmerrt P P P P supplylsales 629 4 MedicalJderital clinic P P R P P P P P 621 MedicalJderital office P P R P P P P P 332 Metal fabrication P P 332 Metal plating P 332 Metal processes,hot P nn�.,e.vi e e e R 212 Mining P 722330 Mobile food vendors S S S 5 5 _ 5 S 5 5 S SVMC 19.60.010(H] T T T T T T 236115 Model home units 71211 Museum P P R P P P 45114 Music store P P R A A P P P A A 569 Office P P R P P P P P 45321 Offica and computar supplies P P R A �a P P P P 999 Off-road recreational vehicle use P P ��. " '` Department of Community Development " Varle � '`��. , ! }. � ,3'_.. Planning Division � , i�; x � � � � � _ -� � Schedule of Permitted Us�es � � � o � �' � � � a = � ��rence condnians cn Appendix 99,A � � � a+ m � � � � o � � a+ m m � r.i r� � � r� � x � �� m � '-' � E E E 'm E � m T x CC CC CC CC �2 �2 'L � V C.7 � C7 � 'L C.1 C.1 C.7 CC C.1 a i17 _ N 1113 Orchard,tree farming, commercial P P 32219 PaperJpulp mills P 4859 Park-and-ride facildy P P R P P P P P 522298 Pawnshop P P P P 812 Personal ser�ice P P R P P P P P 45391 Pet shop P P R A P P P 44611 Pharmac�+ P P A P P P P P 3�4�4 � � � � � R 54192 Photographic studio P P R ;. , P P P �25�4 � � � � � R 3269 99 Plastic injection molding, thermoset P 326199 Plastic injection molding, thermoplastic P P P P P P 326199 Plastic injection solverrt molding P 481 Post offica,postal caritar P P R P P P P P P P 221 Power plarit (excluding pu6lic utildy facilities] P 56143 Prirrt shop P P R A P P P P P P 323 Pririting, reprographics,600k6inding services, P P commercial 48849 Public pay parking garage�lot P P R P P P S S S 5 5 5 221 Public utilFly+ distribution facildy 5 5 R P P P P P P P P See aoning districts for conddions. S S S 5 5 5 237 Public utility+transmission facility 5 5 S S 5 S 5 S 5 5 S See aoning districts for conddions. 79399 Racecourse P P P P 711212 Racetrack P 5151 RadioFTV broadcasting studio P P P P P F 4821 Railroad yard,repair shop and roundhouse P 7212 Recreational vehicle parklcampground C S SVMC 19.60.060 44121 Recreational vehicle sales and service � P P 56292 Recycling facility 5 S P P P P P P P P 51511 Repeater facildy P P P P P P 7222 Restaurarit, drive-in P P P P P P ��. " '` Department of Community Development " Varle � '`��. , ! }. � ,3'_.. Planning Division � , i�; x � � � � � _ -� � Schedule of Permitted Us�es � � � o � �' � � � a = � ��rence condnians cn Appendix 99,A � � � a+ m � � � � o � � a+ m m � r.i r� � � r� � x � �� m � '-' � E E E 'm E � m T x CC CC CC CC �2 �2 'L � V C.7 � C7 � 'L C.1 C.1 C.7 CC C.1 a i17 _ N 7222 Restaurarrt, dri�+e-through P P A C P P P P 722 Rastaurarrt, full sar�ica P P R R P P P P P P 452-453 Retail sales P P R I# P P P A A Limded to dems manufactured on the premises. 79 399 Riding stable C P P 33122 Rolling mill P �,-.�r a,...e...e e R R �� o..hhe..e e e e e R P P P P P P 6111 Schools,public and private, F5 through 12 P P R P P P P 6114 Schools,professional,vocffiional and trade P P R P P P P P P schools Showroom P P P P P P 4533 Secondhand store,consignmerit sales P P R P P P 5 SVMC 19.70.010(BJ(9) �399� ° ° ° ° R R 33885 Sign pairrting shop P P P P P 32561 Soap and cleaning compound manufacturing P 56292 Solid waste recyclingRransfer sde 5 5 S SVMC 19.60.060(B) 6116 Speciali�ed training�learning schools or P P R �". P S P P Rdaptive reuse of studios existing structures only. No expansion allowed. P P 49319 SYorage,self-service facildy P P P P P P 493 Storage,general-outdoors S S S S P See xoning districts for conddions. Tank storage,LPG a6ove ground S S S S S S S S SVMC 21.40.060 213112 Tank storage,crdical material above ground 5 S SVMC 21.40.060 21311 2 Tank storage,crdical material below ground 5 5 5 S SVMC 21.40.060 31 61 Tanning, curing of hides and skins P 7224 Tavern P P R P P P Taxidermy �, P P 5 5 5 5 5 5 5172 Telecommunication wireless aritenna array 5 S C S 5 5 5 S Chapter 22.120 SVMC C C C C C C 5172 Telecommunication wireless support tower 5 5 S C S 5 5 5 S Chapter 22.120 SVMC �,� ° ° ° ° R R ��. " '` Department of Community Development " Varle � '`��. , ! }. � ,3'_.. Planning Division � , i�; x � � � � � _ -� � Schedule of Permitted Us�es � � � o � �' � � � a = � ��rence condnians cn Appendix 99,A � � � a+ m � � � � o � � a+ m m � r.i r� � � r� � x � �� m � '-' � E E E 'm E � m T x CC CC CC CC �2 �2 'L � V C.7 � C7 � 'L C.1 C.1 C.7 CC C.1 a i17 _ N . . . . . . . .. . . . . . . .. 711 Theater,indoor P P R P P P 711 Theater,outdoor P P P P 56292 Tire,recap and retread manufacturing P S S S S 5 5 5179 Tower,ham operator S S S C 5 S 5 S SVMC 19.40.110(AJ 221119 Tower,windturbine support C S 5 S S S SVMC 19.40.110(B) 4851 Transit cer�ter P P R P P P P P C 7213 Transitional housing 441222 Truck sales,rerrtal, repair and mairrtenance P P 445—447 Truck stop P P 81142 LJphalstery shop P P P P P 48311 Warehousing� A S P A P P Adaptive reuse of existing structures.No expansion allowed. 0 5nr.,.,.a.,.,.r��.-h.,,e ��fe.-h��. R R 56292 Wrecking, recycling,junk and salvage yards C S SVMC 19.64.464(B) Spokane Valley Planning Commission DRAFT Minutes Council Chambers — City Hall, 11707 E. Sprague Ave. May 10, 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 Deputy City Attorney Konkright reminded the Commissioners Commissioner Sands had recused herself and therefore was excused from all Shoreline discussions. COMMISSIONERS CITY STAFF BILL BATES -CHAIR SCOTT KUHTA,PLANNING MGR,AICP JOHN G. CARROLL LORI BARLOW, SR PLANNER RUSTIN HALL MARTIN PALANIUK,PLANNING TECHNICIAN ROD HIGGINS TADAS KISIELIUS, SPECIAL COUNSEL- SHORELINE STEVEN NEILL MARCIA SANDS—RECUSED CARI HINSHAW,OFFICE ASSISTANT JOE STOY—VICE CHAIR ABSENT DEANNA GRIFFITH,SECRETARY IV. APPROVAL OF AGENDA Commissioner Higgins made a motion to approve the May 10, 2012 agenda as presented. This motion was passed unanimously. V. APPROVAL OF MINUTES There were no minutes to approve. VL PUBLIC COMMENT There was no public comment. VIL COMMISSION REPORTS The Commissioners had nothing to report. VIIL ADMINISTRATIVE REPORTS Staff thanked the Commission for attending the special meeting on Monday May 7, 2012 with facilitator Stan McNutt to discuss Planning Commission policies and procedures. Staff informed the Commission they would be amending the advanced agenda to when more components of the Shoreline Master Plan were available. IX. COMMISSION BUSINESS A. Unfinished Business: Deliberations of the Shoreline Advisory Group Draft Goals and Policies for the Shoreline Master Program: Planning Commission Minutes Page 1 of 8 Commissioner Bates made a point to compliment staff on the excellent job of compiling the comment matrix. Mr. Bates stated he felt it was extremely helpful. Sr. Planner Barlow explained the evening's discussions would be a continuation of the draft Goals and Policies for the Shoreline Master Program (SMP) deliberations. Ms Barlow introduced special council shoreline attorney Mr. Tadas Kisielius who would be here to assist the Commission in reviewing the goals and policies, comments received and how they will relate to the state statutes. Ms. Barlow stated the Commissioners should consider concentrating on the goals and policies which they felt they needed expert advice on items we need to address, take care of whatever you need to discuss with Mr. Kisielius. Ms. Barlow said not all of the policies are not on this list, if did not receive a comment, then did not make a note of concern. She said for the Commissioners try to only discuss issues while Mr. Kisielius is here issues of the greater concern for the Commissioners which might require legal guidance. Points of discussion are as follows: • Policies 11 and 12 Commissioner Neill stated these policies state they are to have coordinated planning, who with and when. Mr. Kisielius explained the city is supposed to invite, coordinated planning. • Commissioner Neill wanted to know if the City did this, was the City bound to follow that planning. Mr. Kisielius stated the City was setting up a process which would need to be followed. Mr. Kisielius answered this language was appropriate for a policy, yes the City would have to follow them, once you adopt them, and it was consistent with the state statue, • Commissioner Neill wanted to know who would determine limits. Mr. Kisielius said the SMP was consistent with the Comprehensive Plan, which was like the blue print, detail comes later. The Goals and Policies are the big picture, city gets to choose and this document provides the direction and guidance. • Policy 1.3 is on the list regarding the protection of critical areas in the shoreline area,it was discussed this standard is established by statue. The concept of no net loss is difficult to articulate, so it is simpler to mirror the statute. The City does have an option to try to articulate the no net lost concept itself. • Commissioner Carroll would like to discuss Policy 11 again. It states consider the plans of other non-governmental organizations (NGO). He asked what does that mean. Ms. Barlow shared this policy was written purposefully to determine what plans the City had to consider, plans could be considered and what plans the City should coordinate with and yet would not have to incorporate them if they did not work for the City as a whole. Mr. Kisielius said it sounded like the `consider' was a bit of relaxed language. The City could review the plans of surrounding jurisdictions and not have to reinvent the wheel without having to bind the City adopt everything in other plans. Commissioner Hall brought up an example of the County fairgrounds. The policy said the City should look at what the NGO has in it plan and consider what they are doing but we do not have to take it into account when we are planning. • Commissioner Neill asked about Policy 13 where it mentions critical areas and what is the distinction between critical areas. Mr. Kisielius said it was referring to a big picture concept and should be deferred to the regulations,however main one concern would be fish and wildlife. He said most shorelines are considered critical areas however not all areas along the shoreline qualify and there must be some distinction as to what does and does not qualify. • Policy 1.4 Mr. Kisielius stated this was a foundation concept. This policy is concerned about making sure that there is a nexus (a connection) between what you are trying to Planning Commission Minutes Page 2 of 8 regulate and the conditions you are trying to impose. Mr. Kisielius said the key note here would be that this will not come up here, but at the regulations level and this policy is the guiding review. Mr. Carroll stated he had a problem when he felt reading it, it assumes an adversely concept between the public and the city to take care of the shoreline. Mr. Kisielius stated it was possible to strike `the public'. Balance interests of the public and attain the goals of the shoreline master program in a manner consistent with all constitutional legal limitations. • Commissioner Higgins inquired about a statement in Mr. Kisielius' memo, part C on page 4, there is a publication from the attorney generals of�ce referenced, of which he would like to have a copy o£ Mr. Kisielius agreed to provide a copy to each Planning Commissioner. • Discussion about No Net Loss — example was given the impact of a project, city could require the impacts of a project to be mitigated. Mitigation, handling the actual impacts created by a project. Handling the actual impacts of the development being proposed, as opposed to restoration is going one step further, to improve beyond just what you are doing to the ground. This is a key distinction to make in order to understand this concept. The City would have the power to impose conditions which requires we share the burden. We don't want to be in a position to share the burden and satisfy the goals of the act, restoration, find unique ways to restore, different than ways to ensure no net loss. Commissioner Bates said he was having a hard time with the difference between alterations and restoration. • Commissioner Carroll had a question regarding non-conforming uses, there is a policy which addresses non-conforming structures, and opportunity to rebuild even if non- conforming,but what if it was a non-conforming use. • Commissioner Carroll asked if enhancing was different than protecting in regard to the public and private burden. • Commissioner Neill asked about Policy 1.7 and if it created a mandate for the City? Staff replied language is mirroring the statutes. • Commissioner Higgins asked where the 200 feet buffer comes from, staff answered it is in the statute. Mr. Higgins wondered if the 200 foot buffer has ever been challenged? • Policy 32 Commissioner Neill said the current language says utilities will be put underground, but doesn't digging a huge trench cause more problems in a area like this, more than poles and wire overhead. Staff answered that LID (low impact design) would capture most of those issues however it was not a legal questions but an environmental question. • Mr. Neill inquired about the definition of "if feasible." Ms. Barlow stated "feasible" is defined in the WAC, and "feasible" is used repeatedly in the statutes. (I S) "Feasible" means, for the purpose of this chapter, that an action, such as a development project, mitigation, or preservation requirement, meets all of the following conditions:(a) The action can be accomplished with technologies and methods that have been used in the past in similar circumstances, or studies or tests have demonstrated in similar circumstances that such approaches are currently available and likely to achieve the intended results;(b) The action provides a reasonable likelihood of achieving its intended purpose; and(c) The action does not physically preclude achieving the project's primary intended legal use. In cases where these guidelines require certain actions unless they are infeasible, the burden of proving infeasibility is on the applicant. In determining an action's infeasibility, the Planning Commission Minutes Page 3 of 8 reviewing agency may weigh the action's relative public costs and public benefits, considered in the short-and long-term time fi^ames. • Mr Neill also shared WAC 17326.020 (13) "Ecological functions" or"shoreline functions" means the work performed or role played by the physical, chemical, and biological processes that contribute to the maintenance of the acluatic and terrestrial environments that constitute the shoreline's natural ecosystem. Policy 3.4 in regards to where to put utility lines, he felt it was going beyond the nexus. Mr. Kisielius stated a public entity cannot assert a takings claim when considering another public entity, • Mr. Neill would rather it said-when money is or when possible—he did not want language put in the policy which would require the utilities to have to restore and her felt it needed to be addressed, Ms. Barlow shared Avista has always gone beyond in their restoration efforts but she could change the wording to encourage. Commissioner Carroll stated we should be holding the utilities to a higher standard, they should address past impacts, hope that encourage them if possible and provide a benefit, restoration, Mr. Kisielius shared the goal in the `to restore the shoreline to get back the ecological function', would be in the details, and the regulations will address this more closely. Private property owners make it difficult to enforce restoration, but does not apply to public entities, The Commissioners were concerned with the City having to share the burden of restoration. Mr. Kisielius stated the Commission was talking about two different things. This policy is asking to have the developers share the burden. Commissioner Hall suggested using another word change if possible,to encourage. • Policy 4.7 - Parking Facilities. Parking lots should not be allowed as a primary use in the shoreline. This would be developed with more teeth in the regulations. This would also be addressed site by site. Staff stated there are few parcels that do not have room to provide parking outside of the shoreline buffer. Even the public access section addresses other uses �rst before parking. Even Policy 411 regarding the Centennial Trial, it is important and yet when design new sections it should be with the least amount of impact. One of the Commissioners asked about access to the river, staff responded stating the act does not require physical and visual access, only one or the other. Commissioner Carroll said least adverse impact, seemed negative to him could it be rewritten so it sounds positive. Staff stated if you flip and rewrite, would it imply something else and suggested wherever possible. • 52 design of Economic development. non-shoreline uses should be encouraged to not locate near the water. This policy not required by the act, functions that don't have any water related uses should be discouraged in order to save uses which should be along the shoreline the opportunity to locate there. Commissioner Carroll asked if 4.7 Parking Facilities would trump this one. Staff answered yes, it would this one is broader, rules of statutory constution the most restrictive. Parking would be a permitted use and in supporting a permitted use, if you had no alternative, then the parking lot would be allowed, if you can push it out of the shoreline jurisdiction it would be better. The Commissioners wondered if it would not be better if sentence struck out. If the Commissioner were precluding water dependant uses,however it is the statute.b The Commission took a break at 7:34 and returned at 7:45. • Commissioner Hall asked to have Policy 4.7 - look again, missing a word which makes a significant difference. • Policy 5.6 — what is the concept when discussing Economic Development. This is paraphrase of RCW 90.58.020. It relates to a wide range of concepts, the policy is a Planning Commission Minutes Page 4 of 8 requirement and consistent with but a paraphrase of the RCW. Commissioner Neill asked if this forced the city to evaluate each project for short and long term goals. He felt there needed to be some kind of parameters in place to evaluate the projects against. He felt this was too burdensome, too much mischief to be put in. He wondered if there could be project specific review, Staff answered not here but regulations could. Commissioner Carroll shared it does not say what to do with it and who will evaluate the projects. Ms. Barlow stated how and when staff review projects will not change. She also stated if this policy were deleted, it would not change anything. Mr. Kisielius has already stated that it is already covered in the law and regardless if the policy is in the SMP or not it does not lessen the burden to follow the state statutes. There was discussion of removing this policy and what it would change,because the state law is still there. If looking at Policies 5.7 and 5.8 they do not say who will be required. The project did not overlook the impact of the development of the long term approach. The idea is to find long term bene�ts over short term gain. Policies 5.6 and 5.7 look at extra emphasis of those issues. Even if those were struck, they are already in the state law. • Planning Manager Kuhta stated economic development in context of the river is more about drawing people to the river. The concept is building with big blank walls along the river. Mr. Kisielius shared there are ways to address the concerns. Encourage the development to enhance the shoreline. Commissioner Hall suggested we need to design projects to attract people, saying that attract and attractive are two different things. This policy would be reworded just a little bit. Commissioner Carroll said he thought this was trying to hold the public and private to the same standard. He feels the City should hold public entities to higher standard. • Policy 510 this policy requests encourages shoreline industry maintain an attractive appearance for the users of the river and trail. Staff stated that if the concern was about the phrasing was jusf the word environmental,it could be struck and be replaced aesthetic. • Policy 516, was not in original draft and is being proposed by Centennial Properties.- this could fit in with all the other ED policies. • Policy 6.1 combines in one policy in one place preserve, open spaces, scenic vistas, contribute to shoreline aesthetics,natural vegetation and, fish and wildlife habitat maybe that word might not be the right word to use. This policy does not just pertain to public areas. Commissioners thought this would this confuse the issue, felt the standard is different for each thing, and felt the policy should separate them out. • 6.2 vegetation buffers and setbacks. Commissioner Neill suggested adding "introduce new techniques and explore innovative design ..."He also wondered about not being able to have docks because of shade,but allow trees,which create shades so should the City allow docks. • Policy 63 use the 2010 shoreline inventory as the baseline. Centennial Properties is suggesting the City allow private property owners to prepare and use their own inventory. The City's inventory is done. No one is suggesting there is something wrong with it. The Inventory is a different tool it is how the City determines the base line for No Net Loss. The inventory has been done in order to help draft the regulations. Property owner specific inventory is only appropriate when a development proposal was being discussed. Staff will propose new language which can be considered. Commissioner Stoy wondered what would be the process for when City and the private development feel the high water mark in a different place and wanted to change the 200 foot mark Ms. Barlow stated the 200 foot jurisdiction is the 200 foot and is not changeable. The 200 foot mark is established Planning Commission Minutes Page 5 of 8 regulation in the statute and sets if you are in or out of the jurisdiction. Commissioner Hall said he feels this was more like a regulation instead of a policy. Commissioner Carroll moved to extend the meeting until 10:00 p.m. after a bit of discussion the motion passes with a vote of 6 in favor, and 0 against. • Policy 12.49 The gravel pits. The regulations already state no net loss, but not from their current operation but from the end of their operations. With the instances the City has here, they do not need to regulated until after they ha�e finished their reclamation work. Commissioner Higgins stated he felt the City should only regulate after the reclamation plan is complete, after DNR signs of£ Mr. Higgins stated he likes the new language. Ms. Barlow stated that DOE is headed in a new direction and will not regulate active gravel pits until DNR signs of£ Commissioners asked then why do we ha�e to have this in our plan. Then why leave the policies in? Staff responded because the City already has them in the inventory, we have to plan for them, this says we will plan for them, staff would have removed them however but because listed in other places stating they are shorelines of the state. • Policy 12.50 is no longer necessary after changing 12.49. • Policy12.5 - non-conforming uses... Commissioners again discussed to what degree are going to be allowed be maintained or expanded. Single family Residences are considered conforming under the law. As long as use does not increase the degree of non-conformity it would be allowed to expand. The use would be allowed to expand outside the buffer. Currently non-conforming uses can expand to a parcel next, Ms. Barlow shared, but does get limited in the shoreline, and this trumps the current code. She shared that because of the SMA, you have a different legal sfandard that must be complied with. The DOE has written a lot about what you can do with non-conforming uses. They can expand on the outside the buffer. Mr. Kisielius stated the 200 jurisdiction is different than a buffer or a set back. • Policy 12.27 docks, Commissioners wanted to talk about where can the docks were allowed. Docks are allowed with residential structures. Staff discussed what the would do and what the agencies are going to require in someone getting a dock. There are places on the river where there are safety issues, generally areas which were free flowing. These areas are not appropriate,however areas east of Millwood,which are in the backwater from the dam,it would be right there. Staff conferred with the Shelley Lake Home Owners Association and they do not want docks on the lake. Certain areas of the river are not right for docks but some areas of the river are appropriate with lake like settings. Commissioner Carroll had a question about the last statement -severely ecologically impacted shoreline areas with adequate public access.... Why would an area like that have a public access • 1231 joint use docks... minimize docks minimize impacts, development of more than one lot and it is within the city's purview - issue was litigate recently, agency is pushing this issue. DOE is pursuing and the decision came out last week, did not come out - do not have precedence - but DOE is pushing this issue. change the wording to encourage rather than require. • Commissioner Neill asked if Policies 1224, 1225 and 12.48 - is this public or private or both. Mr. Kisielius replied they are intended to be both. The City should look for opportunities for restoration but relative to shoreline modi�cations. Restoration is a piece of the SMP but is not something which the City is planning for must be within the nexus. Planning Commission Minutes Page 6 of 8 Restoration is a concept in the SMA and there is a mechanism to look for grants and funding sources to do this work. • Policies 1229, 1230 and 12.31 are all limited by 1226 (docks) Any where residential developments and a single family home is allowed docks are allowed. They can go an�vhere docks are allowed on the if there are more than two single family residential homes then they are required to have a community dock Commissioner Bates asked based on this policy then how many docks would be allowed? • Policy 1227 would not impact the residential dock outside of their house. Policy 1227 would control where on the river you could have a dock to begin with. If you have a dock in those areas then the rest of the policies would come into play. Why do you have to have adequate public access in an area which was already severely impacted? Wouldn't a dock be a bigger problem. The City is not encouraging an access just any place along the river. This policy is not encouraging docks along the river. Mr. Bates made the comment that the general sense is that docks are not allowed in every setting. Policies 12-29, 12-30 and 12- 31 are almost moot points. Staff responded the policies would apply if the dock were in one of those spots that allow docks. Single family residences are called out because they are allowed by statute. Commissioner Bates asked if the City currently had a policy in which there were places on the river that are not allowed to have docks. Staff responded the City did and after Commissioner Bates then wanted to know who had made that decision, staff responded Spokane County had done so in the 1970's. Staff also discussed that the size of the dock is determined by the flow of the river or the size of the water body. • Policy 8.5 Mr. Kisielius discussed with the Commissioners that this policy is consistent with the state guidelines. Commissioner Carroll stated this policy is based on homes, existing homes. Only allow shoreline stabilization when relocation or reconstruction is infeasible. Centennial Properties would like this policy expanded to allow for uses. Mr. Kisielius shared the regulations do have an emphasis on a single family residences, prohibits shoreline stabilizations. The main focus of this statute is on homes, which would allow structural shoreline stabilization,but for homes only Centennial Properties would like it modi�ed to for uses, DOE says for homes only. Commissioners wondered if it should extend from homes to all structures, existing structures, and would mitigation need to be added. Mr. Kisielius stated to protect an e�sting use is a bit more beyond what the statute is covering. Allowing uses would be like trying to protect the whole backyard, which is beyond where DOE would like the protection to apply. • Ms Barlow stated that she could pull the notes from the meeting notes to refresh why this discussion came up in the SAG meetings. She shared this comes from DOE in regard to geo hazards and using shoreline stabilization in certain areas. Commissioner Neill wanted to know where does the city's liability come in if we don't allow people to protect their property, using a potting shed for instance if it needed stabilization. Commissioner Bates felt the members needed more information on this topic. • 12.14 - non-water industrial uses. Non-water related, or non-water dependant uses, these uses do not require location along the water. This policy is a bit more restrictive than is required, DOE does allow some non-water related uses, however feels they should try and locate someplace else. Commissioner Neill feels this is too prohibitive. He stated he felt the owner should be allowed to use their own property how they would like. Mr.Neill said if the property owner will protect the river why should they not be allowed to locate there. Commissioner Neill would like to change `prohibit' to `discourage'. Commissioner Bates stated he thought the Commission should follow Commissioner Hall's guidance if more restrictive then back off, and follow the WAC. Commissioner Bates said this policy is too Planning Commission Minutes Page 7 of 8 restrictive, and would like to do as Mr. Kisielius has stated, which is also to follow the WAC. • Policy 12.20 Commissioners feel this is more restrictive than required and have asked staff to come back with something a little less restrictive. • Policy 1222 - no net loss. Commissioners asked about Centennial's request to remove the statement "giving preference to those types of shoreline modi�cations that have the least impact on ecological functions......" shoreline modifications, the Commissioners wanted to know if the policy was talking about uses, or actually changing the shoreline, real modi�cations, through development. This is referring to actual modifications Mr. Kisielius the policy is not talking about the uses. Generally the policy is referring to rock work at the shoreline edge,plantings, construction,those kinds of modifications. X. GOOD OF THE ORDER Commissioner Stoy informed the Commission that he would be unable to attend the May 24, 2012 Meeting. XI. ADJOURNMENT The being no other business the meeting was adjourned at 9:56 p.m. � � Bill Bates, Chairperson � � .� Deanna Griffith,PC Secretary Date signed Planning Commission Minutes Page 8 of 8 Spokane Valley Planning Commission DRAFT Minutes Council Chambers — City Hall, 11707 E. Sprague Ave. May 24-2012 CALL TO ORDER Chair Bates called the meeting to order at 6:04 p.m. PLEDGE OF ALLEGIANCE Commissioners, staff and audience stood for the pledge of allegiance ROLL CALL COMMISSIONERS CITY STAFF BILL BATES -CHAIR 70HN HOHMAN,CD DIRECTOR 70HN G. CARROLL SCOTT KUHTA,PLANNING MGR,AICP RUSTIN HALL LORI BARLOW, SR PLANNER ROD HIGGINS HENRY ALLEN,DEVELOPMENT ENGINEER STEVEN NEILL MARCIA SANDS—RECUSED DEAN GRAFOS,COUNCILMEMBER 70E STOY—VICE CHAIR ABSENT DEANNA GRIFFITH,SECRETARY Commissioner Carroll made a motion to excuse Commissioner Stoy which was passed unanimously. APPROVAL OF AGENDA Commissioner Higgins moved to approve the May 24, 2012 agenda as presented. This motion was passed unanimously. APPROVAL OF MINUTES Commissioner Neill moved to approve the April 12, 2012 minutes as presented. This motion was passed unanimously. PUBLIC COMMENT There was no public comment. COMMISSION REPORTS Commissioners had nothing to report. ADMINISTRATIVE REPORTS Planning Manager Kuhta stated the advanced agenda shows on June 14, 2012 staff hopes to have the shoreline discussions concluded and to have a discussion regarding zoning and the Planning Commission Rules of Procedure, which is a follow up to the special meeting held May 7, 2012 with facilitator Stan McNutt. COMMISSION BUSINESS A. Unfinished Business: Planning Commission Minutes Page 1 of 8 Sr. Planner Lori Barlow began the continued discussion regarding the Draft Goals and Policies of the Shoreline Master Program. Ms. Barlow explained to the Commission at the May 10, 2012 meeting some questions regarding certain goals and policies had come up and she would share the information she had received from the special council, Mr. Tadas Kisielius, from Van Ness Feldman GordonDerr, regarding those particular issues. Ms Barlow also stated that the matrix Mr. Kisielius has built to address the comments received regarding the draft Goals and Policies had been updated and the Commissioners would be able to refer to it as the discussion continued. After the discussion on those issues, then she would like to begin a systematic discussion of one goal and those policies and see where there might still be issues and then determine where the Commission stands. SMP 1.4 — Public Interest and Property Rights - Commissioner Carroll had previously stated he felt this was written in and adversarial tone. Ms. Barlow responded that Mr. Kisielius reviewed the language and felt it was written to protect the interests in a manner consistent for all parties. The suggestion is to change it to read Balance the interests in attaining the goals --- Commissioner Neill had a suggested change to the language and proposed the following: Balance the constitutional and other legal limitations on the regulation of private property with the interests of the public in attaining the goals of the Shoreline Master Program Commissioner Bates asked if the Commissioners needed to take a vote in order to change the language. Ms. Barlow responded although, that is a possibility, if the current language says what the Commission would like it to accomplish, she would discourage word smithing since there are 140 policies and it will take some time to do this to each one of them. SMP 3.2 (Utilities) Place Underground - Commissioners would like to add "undergrounding shall not be required if it results in a net loss of shoreline ecological functions." The Commissioners felt it should be added in order to clarify. Staff and the Commission discussed the impacts which can be greater than power poles, it can include the clearing of vegetation, under the lines and poles. This policy is fine as amended. SMP 3.4 (Utilities) Maintenance Design - Commissioners had a question about this policy and correcting past impacts. Mr. Kisielius had reservations about correcting past impacts. Mr. Kisielius would rather have the policy state encourage to correct past impacts. Commissioners wanted to know what the impact of changing the phrase meant. Staff stated when the regulations are written it will not be required. Modify to read When existing utilities facilities and right of ways are located within shoreline jurisdiction and require maintenance........ encouraged to correct past impacts Staff explained placing `shall' in a policy means when you write the regulation you will do it. If Commissioners put `should' in a policy it would translate into you will do it unless you can show a good reason why not. Placing the word `encourage' in a policy would be interpreted as you won't have to do it unless you want to. Commissioners asked if it was legal to hold the public entities to a higher standard, and Mr. Kisielius had responded it is legal to hold public entities to a higher standard than private development. Planning Commission Minutes Page 2 of 8 SMP 52 Economic Development. The Planning Commission had requested a modification to this policy. Ms. Barlow stated exceptions would be noted in the guidelines. "Development should be designed to minimize the impacts to the shoreline aesthetic through architectural, landscape, and other design features. Give preference to water-oriented economic development,while limitin�location of�non- ��water oriented��elements of the development�'��'a '�° ��'��°a outside of shoreline jurisdiction unless the site is inappropriate for water-oriented uses or the development demonstrably contributes to the objectives of the Shoreline Mana�ement Act.�Encourage design that seeks to restore damaged or compromised shoreline through incentives. She also shared this change mimics the language in the statues. Commissioners wanted to know if it was not a requirement, staff stated the Commission would want to be consistent with the guidelines. SMP 5.10 Business and Industry Operations. Commission asked to change the word `environmental' to `aesthetic'. Stated they felt it makes a larger impact of the directive. SMP 5.6 Commission stated in the matrix shows this policy had been redlined. They asked if this would mean this policy will be deleted. Ms Barlow explained ultimately, if the Commission accept the recommendation, then yes this policy would be deleted and the following policies would be deleted. SMP 5.12 Building Orientation — The Commission asked if it would be legal to require development to provide public access to the shoreline. Ms. Barlow explained yes to some extent, however there were exceptions as allowed by Washington Administrative Code (WAC). Ms. Barlow pointed out in the matrix Mr. Kisielius explains the detail as to what the exceptions would be. Staff could expand the policy to list all the exceptions however they are already listed in the statute which, regardless of them being 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 Barlow stated it would not, and many times policies are called out to make a note to the public, however even if it is not addressed in the SMP, it does not mean that the rules in the RCW (Revised Code of Washington) are not going to be enforced, it just means that the City is putting its own stamp of concern on this particular policy and highlighting it. Commissioner Carroll felt this policy needed to be in the group and there needed to be another which addresses private developments. Ms. Barlow explained public development is required to provide access, private shoreline has greater flexibiliry. Mr. Carroll wanted the separation between the public facilities and for it to be stated they are to be built and designed to attract the community. Ms. Barlow explained if the Commissioners wanted that then we can call it about and break it down. Commissioner Bates asked it the public access piece was addressed someplace else, Ms. Barlow shared the public access is discussed in that portion of the SMP, but that this policy relates to Economic Development and from the stand point that access to the river is an important piece of our economic viabiliry. and she will make an adjustment to this policy to match the Commission's request. SMP 6.1 Areas be Preserved. Mr. Kisielius had commented this policy was more a bit more reaching than is required by statute. Commissioner Higgins suggested breaking this policy into pieces. Staff is suggesting two approaches are suggested for discussion. Planning Commission Minutes Page 3 of 8 Areas that provide e}�€�c�scenic vistas or,contribute to shoreline aesthetics should be preserved consistent constitutional or other le�al liinitations that ma.��licable., Ensure no net loss of shoreline ecological functions including natural vegetation and, fish and wildlife habitat��se��-or- Areas that provide open spaces, scenic vistas, contribute to shoreline aesthetics, natural vegetation Staff did notice after breaking this down that the language is repetitive of some other regulations in the goals and policies. However it does now address the Commission's preference very specifically or it could be deleted and allow other policies to address this concern. The first suggestion is preferred. The word `with' needs to be added. SMP 8.5 Risk Associated- structural stabilization in the future. The policy states to protect existing homes. Commissioners would like to replace homes with structures. Dept of Ecology comments address future development should not happen. The policy is written to provide protection to existing development, as long as it is a primary structure, not ancillary structures. Commissioner Neill had a question if the City would be liable if for example a potting shed were destroyed because the SMP did not allow shoreline stabilization and it was destroyed. Deputy City Attorney Konkright stated it would be possible for the City to be help liable if the goal, policies and regulations do not meet the requirements of the Shoreline Master Program. Commissioner Neill wanted to know if citizen could sue the City if they lost a building because we would not allow them to stabilize the shoreline. Mr. Konkright stated he did not have a specific answer at that time and would have to investigate and return with more information. Ms. Barlow also reminded the Commission when DOE testified they had said when they adopt our plan they become a partner with the City and so when the City takes a stand that certain requests do not follow our adopted plan, then DOE will stand behind these regulations and policies with us and support our decisions as a partner. Mr. Kisielius had commented that staying within the guidelines would keep the problem at hand... Do not allow does last sentence trump the sentence above it. "do not allow structural shoreline stabilization when it will result in a loss of shoreline ecological function" Ms. Barlow discussed with the Commission members how these things would be measured against the Cumulative Impacts Report This policy addresses the report which will look at uses and activities along the shoreline and identify if those will have a cumulative impact. If there is no impact then it will be ok Commissioners asked what type of shoreline stabilizations would or would not result in a no net loss. Commissioners asked the possibility of deleting the last sentence. Ms. Barlow said staff would have to ensure the does not allow us to come up with any regulations...john suggest work on language. Commissioner Hall asked if he could clarify if the policies give an overall broad statement, you can't do something if it causes a loss. If you remove function at this point on the property, then you must find a way somewhere else on the property to be able to give it back Ms. Barlow established this was correct. Mr. Hall asked it the discussion was a regulation discussion not a policy discussion, and again Ms. Barlow agreed. Commissioner Bates asked even if the policy were deleted it would not drop our obligation to follow the statute. Ms. Barlow stated this would be correct. Commissioner Bates stated it was difficult to make some of these decisions without having seen any regulations. Ms Planning Commission Minutes Page 4 of 8 Barlow remarked that without the goals and policies there are no guidelines for the regulations to be written to follow. Commissioners asked what would happen if we the last sentence was removed. Ms Barlow stated she would have to check with Mr. Kisielius to see what his recommendation would be. The Commission asked what would happen if structure burns down in shoreline area. Ms. Barlow said there are special guidelines as to how a structure is to be rebuilt, but the regulations in SMP will be the guide. SMP 12.14 Non-Water Oriented Industrial Uses — This policy was expanded in order to allow change which mimics the language in the SMP guidelines. SMP 12.20 Modifications — Mr. Kisielius commented it would be wise to limit modifications as much as possible. Ms. Barlow remarked Mr. Kisielius and DOE differ on what this policy does. Mr. Kisielius feels this policy may be a bit more restrictive than RCW90.58.020 requires. The DOE maintains the listing of priorities, it is just a listing of priorities and so this policy is rightly stated. Mr. Kisielius has suggested the intent is not to be more restrictive but to address limitations. He commented unless they are necessary to support or protect an allowed primary structure or a legally existing shoreline use that is in danger of loss or substantial damage or are necessary for reconfiguration of the shoreline for mitigation or enhancement purposes, then it should be removed. Ms Barlow suggested deleting everything after `reduce the adverse effect of allowed shoreline modifications.' Commissioner Neill commented he liked the shorter version. Commissioners stated they felt that SMP 12.19 was repetitive. SMP 12.31 New residential development and how it relates to subdivisions. Property with water front boundaries with more than two dwellings would be able to provide a community docks. The Commission said it would like to change it from require to encourage. Ms. Barlow reminded the Commissioners to thinlc back to where it was possible. She also reminded them that DOE has said this is not something that should be encouraged, it is required, however this is not really an issue in our community, because so little property is developable with actual water frontage. Commissioner Bates said he felt it was more restrictive, however legal counsel says leave it open. He reminded the other members there were certain areas where a person will not get a permit to get a dock However, when it is possible people should be allowed to have one and encourage would support that. Commissioner Carroll remarked that DOE says it is required, he felt it is their interpretation. Mr. Kisielius stated he thought it was too restrictive, however the regulations will only apply to new subdivisions, of which there are approximately one or two parcels or so along the river in which this would apply. Mr. Kuhta stated this would only be a condition on a new subdivision. He said, if a new subdivision goes in, then the City would require community docks. Commissioner Higgins said if the DOE will not challenge the language, then why not leave it as encourage. Commissioner Bates said we are then encouraging community docks rather than individual docks (in new subdivisions) and to him this feels wrong. He stated he felt this was an individual property rights issue. Ms. Barlow stated explained that if comes up least restrictive it could be written would not get away with nothing less of encouraging community docks. . Planning Commission Minutes Page 5 of 8 Ms. Barlow said she felt that at this time staff had probably provided the Commission everything they would need to be able to finish making their decisions. At this time staff is suggesting to review each element one at a time. If the Commissioners find they have a specific item which has not be addressed it can be discussed, otherwise if the Commissioners are comfortable with the recommended language then we will move forward for a recommendation to approve with changes. Since there are so many pieces so the SMP itself, the Commission needs to continue to move forward. Planning Manager Kuhta asked if besides the policies which had already been discussed could the Commissioners think of anything other issues they felt they needed to bring up. Commissioner Carroll stated he felt there was a subset of issues which had not been talked about yet, which related to more critical areas. Commissioner Neill would like to go back to Policy 8.5. Commissioner Bates stated he felt like there were some brand new policies that need to be discussed, such as the proposed 1.8 policy which has been suggested by Centennial Properties. Ms. Barlow stated this was not a new policy staff was recommending and so it is not on the topic of discussion unless the Commission had some desire to add it, staff was not supporting the addition nor is legal staff. The Commission took a break at 7.51 p.m. and returned at 8:06 p.m. With the return of the Commission, Chair Bates asked the other members if they would like to start with each goal and those policies and make sure they have not over looked any concern. SMP Goal 1 and the policies following: Policy 1.7- Commissioner Neill asked if#5 Provide public access to publicly owned areas of shorelines is that a mandate? Staff indicated this language mimics the language in state guidelines. The policy indicates the preference is given to users in the following order, as they are listed in the policy. The Ciry's prioriry and preference will be the same as SMA. First proposed Policy 1.8 Mr. Kisielius has suggested to include this policy. Mr. Kisielius felt if the City was going to recognize the key elements from RCW90.58.020 then the other key elements should be captured and this policy does that. Second proposed Policy 1.8 has been suggested by Centennial Properties is not supported by staff as an addition to the Goals and Policies SMP Goal 2 and the policies that follow: Commissioners had nothing to discuss regarding any of the proposed changes to these goals and policies. SMP Goa13 and the policies that follow: Policy 32 Utilities. Legal is recommending no change to this policy. Require new utilities and facilities that must be located within the shoreline to be built underground, if feasible, if did suggest a gather add the language as suggest earlier, The Planning Commission did not specifically direct staff to change the language to say undergrounding shall not be required if it results in a net loss of shoreline ecological functions. The Commission agrees to have this added to the policy. Planning Commission Minutes Page 6 of 8 Policy 3.6 - Stormwater — Commissioners agreed that this policy had been covered previously and they ok with it. SMP Goa14 and the policies that follow: Policy 4.7 Commissioner Neill reminded there needed to be a typo fixed, added the word'no' added to the policy. Policy 4.6 — Commissioner Bates suggested no change and the Commission discussed parking facilities again. Could the policy be changed to recommend locating the parking lots outside of the jurisdiction? Staff indicated this would be more restrictive. It could it state `if feasible,' this would allow if nothing else the developer could do then it would be allowed to locate in the jurisdiction. Commissioner Bates asked if staff was indicating the regulations would address this more directly, staff indicated the exceptions would be in the regulations. It would be something similar to locate outside of the 200 foot jurisdiction if feasible, if it isn't then what can be done which would have the least impact. Second Policy 411 Commissioner Carroll would like to see a change the language to say add to aesthetics of the public access points -we talked about it earlier this change drop the words new access points private access points provide -Future trail development including trail extensions, , �, � . Private access�oints will be desi�ned to ha�e the least adverse im�acts. Public access�oints will enhance --------- The first Policy 4.11 is actually Policy 4.10 - Staff asked if the rest of the Commission agree to holding the public to a higher standard. Staff felt the point is made completely in the entire document do we need to separate them out in every policy? Currently we are making that distinction very clear at this point. In this case it could be dealt with very evenly and Mr. Kuhta was concerned that adding something like a public trail extension if being held to a higher standard would make it more difficult to get funding. He said it would be something to consider. Commissioners asked if in writing the regulations, would the regulations have to be totally different? Staff responded yes, because they would need to address different requirements. Staff stated they believe they understand the direction the Commission is going and will address any legal implications, take the concept back to Mr. Kisielius, and then return with a suggestion. Staff will work to incorporate the changes suggested so far and return with comments and amended policies at the next meeting. B. New Business: There was no new business. L GOOD OF THE ORDER There was nothing for the good of the order. IL ADJOURNMENT The being no other business the meeting was adjourned at 8:31 p.m. Planning Commission Minutes Page 7 of 8 Bill Bates, Chairperson Deanna Griffith, PC Secretary Date signed Planning Commission Minutes Page 8 of 8