2013, 05-21 Study Session MINUTES
SPOKANE VALLEY CITY COUNCIL
REGULAR MEETING
STUDY SESSION FORMAT
Spokane Valley City Hall Council Chambers
Spokane Valley,Washington
May 21,2013 6:00 p.m.
Attendance:
Councilmembers Staff
Tom Towey,Mayor Mike Jackson,City Manager
Gary Schimmels,Deputy Mayor Cary Driskell,City Attorney
Dean Grafos,Councilmember Erik Lamb,Deputy City Attorney
Chuck Hafner, Councilmember Mark Calhoun,Finance Director
Rod Higgins,Councilmember Mike Stone, Parks &Recreation Director
Ben Wick, Councilmember Eric Guth, Public Works Director
John Hohman, Community Development Dir
Scott Kuhta,PIanning Manager
Jenny Nickerson, Sr.Plans Examiner
Mike Basinger, Sr.Planner
Absent: Carrie Koudelka,Deputy City Clerk
Arne Woodard, Councilmember
Mayor Towey called the meeting to order at 6:00 p.m.
Roll Call: Deputy City Clerk Koudelka called the roll; all Councilmembers were present except
Councilmember Woodard. It was moved by Councilmember Grafos, seconded and unanimously agreed to
excuse Councilmember Woodard.
1.Building Code Updates--John Hohman/Jenny Nickerson
Community Development Director Hohman introduced Sr. Plans Examiner Nickerson to discuss the new
building code and energy code updates that become effective July 1st, Ms. Nickerson said the Senate
passed a bill mandating seventy percent reduction in building energy use by 2031 and federal law requires
states to report meeting or exceeding the standards in their adopted commercial building code. She said
Eve states have reported that they meet or soon will meet that requirement, including Washington. She
said the new codes could increase the cost to residential construction due to changes in the code
compliance parameters and specialized testing. She said it could be more difficult for less experienced
contractors to find the information and navigate through the code and to expect increased costs in both
commercial and residential construction as we wait for technology to catch up with the requirements. She
said metering will become a big impact to commercial building as they will be required to measure,
monitor, record and display energy consumption data such as electrical, water heating, HVAC and site-
generated renewable energy usages. Ms. Nickerson said contractors should also expect increased
timelines in the permit application review process and we should expect a temporary increase in staff
hours to perform reviews and inspections, most applicable to the initial implementation of the new codes.
Councilmember Grafos asked when the new code requirements go into effect for people who might be
currently working on a project. Ms. Nickerson said June 28th is the deadline for people to submit their
complete permit application without needing to meet the new requirements that go into effect July 1st.
Councilmember Higgins asked what happens if the City chooses not to comply with the regulations. Ms.
Nickerson said the City would then not comply with the State Building Code Council's adopted code
mandate. Director Hohrnan said he will look into the ramifications of choosing not to comply with the
mandate and follow up with Council. Councilmember Hafner asked what the anticipated cost increase is
Council Study Session Minutes 05-21-2013 Page 1 of 6
Approved by Council: 05-28-2013
to the City. Ms. Nickerson said the majority of the cost increase will be paid by the permit applicant and
we will review our current fee schedule to determine whether we increase the fees, Mayor Towey asked if
this is a mandate to cities. Ms. Nickerson said the changes are federally mandated and Washington State
is poised to meet the mandates. She said there is some flexibility for cities to interpret the intent of the
codes and not be held to the strict letter of the language written. She said older buildings are not subject to
the new requirements,but any changes to the existing buildings would be subject to meeting the new code
requirements.
2. Appleway Landscaping Project—Eric Guth
Public Works Director Guth said Council asked that staff look into phasing the Appleway landscaping
project into three or more segments and went through his Powerpoint presentation. He said staff based
their improvement analysis on incorporating driving lanes, a biking lane, sidewalk, and plantings next to
the sidewalk. He said they broke the corridor into three phases: 1.) Dora to Park, 2.) Park to Dishman
Mica, and 3.) Dislunan Mica to University. He said they categorized the improvement areas into four
groups, existing hardscape, existing landscape, inside our right-of-way and outside of our right-of-way. hi
Phase 1, he said improvements can be made to roughly sixty percent of the area. He said Phase 2 right-of-
way improvement areas are just over sixty percent of the area and Phase 3 has a lot of opportunity for
improvement, nearly eighty-five percent, with eighty percent of potential improvements inside our right-
of-way. Mr. Guth said they used an estimated weighted unit cost of $4.71 per square foot and an
estimated average property cost of$7.00 per square foot to come up with the project cost estimates that
they will adjust once Council gives direction as to how to proceed. He said the Phase 1 cost estimate is
$209,310.00, Phase 2 is $1,839,300.00, and Phase 3 is $1,693,611.00 for a total corridor project cost of
$3,742,254.00. He said annual maintenance of the landscaping in $80,000.00. Mr. Guth said they will
look to partner with businesses to offset some cost and will apply for grants but he said grants are
somewhat limited for these types of projects. He said they will look at Federal Urban Forestry grants and
Ecology grants for stormwater projects. He said Economic Development has grant money for which this
type of project may qualify but he does not know how well this project would compete for those funds.
Councilmember Hafner said he would like to begin Phase I because it is the entrance to the City. Mayor
Towey said he wants to proceed with Phase I and then try to get grant money for the other phases. He
said he is concerned about where the money will come from if we do Phase 1 and are unable to get grant
money for Phase 1 Councilmember Grafos said he thinks we should move forward with Phase 1 right
away and that we should use market-led, City-led and a combination of partnerships to fund all three
phases. He said we can stage the project over the next three to four years and once we connect to the
north/south freeway traffic will get a boost and bring people into our City. Councilmember Wick said he
likes the idea but is hesitant to spend the money with all the other priorities and expenditures we have.
City Manager Jackson said we will bring this back for a motion consideration and a future budget
amendment and said Council should discuss if they want to adopt the whole plan or if they want to
segment it into different projects so they are not committing to a full $3.7 million corridor development
project. Councilmember Hafner and Mayor Towey agreed they would like to segment the project into
different proposals. Councilmember Grafos disagreed and said he wants to commit to the whole plan if
they are going to do the corridor. He said if they commit to the whole plan they can still phase it, starting
with Phase 1 and then looking at the budget before doing the other phases. He said having a plan for the
corridor gives businesses an incentive to move here. City Manager Jackson said if that is the direction of
Council, he recommends staff develop a plan and put it into context with our other needs. He said staff
will put together a presentation for Council discussion before coming back for a motion consideration.
Mayor Towey said he thinks the discussion should be after the budget workshop as that is when they plan
to discuss other priorities.He said he does not have much faith that we will be able to secure grant money
for landscape projects so we will need to consider the priority levels of Phases 2 and 3.
Council Study Session Minutes 05-21-2013 Page 2 of 6
Approved by Council: 05-28-2013
3.2013 Construction Projects—Eric Guth
Public Works Director Guth said this is a pilot endeavor to update Council construction projects as
presented in his Powerpoint presentation:
-24th Avenue Sidewalk Project—Adams to Sullivan: Project is nearly complete and crews are working
on clean-up and the final punch Iist. The sidewalk is pervious and free draining so it appears cracked and
textured.
- Sprague Avenue ADA Curb Ramps: This project is to bring curb ramps into compliance with ADA
requirements. Work began April 15th and should be complete by the end of May.
- Sidewalk hifill Project — Phase 2: This is a grant-funded project and the second phase to a project
started last year that includes Farr Rd. from Appleway to 4th and Perrine Rd. from Sprague to Main. The
project adds sidewalks and six STA bus shelter pads; STA will provide the shelters. The project is in the
right-of-way and design phase;construction will start in August,
- Wellesley Avenue and Adams Road Sidewalks: This is a state grant project under the Safe Routes to
School program, providing sidewalk, curb extension and curb ramps. The right-of-way phase is
completed and it will go to bid in July.
- Argonne Road Corridor Upgrade: This is a grant project to improve congestion from Interstate 90 to
Trent and install a right-turn lane at Montgomery and Argonne.It is currently in the right-of-way phase.
- Argonne Road Safety Project - Empire to Knox: This is a Highway Safety Improvement
Program (HSIP) grant project to upgrade signage for bike routes, signal equipment and
pedestrian countdowns. We are working in conjunction with the City of Millwood and
construction starts July 1st.
- Argonne/Mullan Corridor Safety - Indiana to Broadway: This is another Highway Safety
Improvement Grant project to upgrade signals, install countdown pedestrian timers and signs for
bike routes. The project starts July 15th.
- Citywide Traffic Safety Improvements: This HSIP grant-funded project consists of crosswalk
improvements, sign retrofits and bike route signs. Construction begins in August.
- Citywide Traffic Sign Upgrade: An HSIP fully grant-funded project replacing 1,800 regulatory
and warning signs with construction beginning July 1st.
- Pines/Mansfield Rail Road Crossing: We completed most of the project in 2010 and the
remainder was finished today.
- 2013 Pavement Preservation Project - Phasel: Construction began on Sullivan Road between
Flora and Trent on April 22nd and should be completed in mid-June unless weather delayed.
- 2013 Street Preservation Project - Phase 2: We received grant funding for Sprague and another
project on Argonne. Ninety percent of the design is completed and we are waiting for
environmental approval. Once approved, we will start on the right-of-way portion for temporary
construction easements and anticipate bids going out mid- to late June with construction in
August or September.
Sullivan West Bridge Replacement: We submitted the shoreline permit last week and
anticipate getting that permit May 31st. Ninety percent of the design for the first phase is
complete and the park improvements portion is scheduled to bid in July with construction in
September. The bridge project is on schedule to bid in November and meet our TIB grant
funding requirement.
- Sullivan UP Tracks Resurfacing: We received a Bridge Rehabilitation grant to resurface the
bridge deck on the southbound side of the bridge.
- Pines ITS Improvements: Project to install fiber optics, cameras and a vehicle counting station
currently under construction with expected mid-July completion date.
- Sprague/Sullivan ITS Improvements: Project to install fiber optics and cameras will be
completed by the end of May.
Council Study Session Minutes 05-21-2013 Page 3 of 6
Approved by Council: 05-28-2013
- Sullivan Road Bridge Drain Retrofit: This project involves re-routing drainage from the bridge
to a treatment swale rather than going into the river, eliminating approximately thirty collection
points. The environmental phase is complete and we are working to get MOU's with dry-land
utilities to enable construction this year.
- Sprague Avenue Swale Upgrade — Park to I-90: Project is on schedule to begin in June and
finish June 30th.
- Bettman-Dickey Improvements: This project is to solve flooding issues in the area and will bid
early June, consisting of a two to four week construction period.
- Regional Decant Facility: Due to timing constraints for meeting funding requirements we are
looking to separate the project into two phases. Advertising for the utility phase of the project is
this Friday with bid opening scheduled two weeks later so the first phase work will be done by
the end of June. Project completion scheduled for November.
Mr. Guth said he will update Council again in the next four to eight weeks. Councilmember
Grafos asked what the construction time is for the Sullivan Road Bridge. Mr. Guth said it will
take twelve to eighteen months to complete that project. Mr. Grafos asked how funds are spent to
pay for the project. City Manager Jackson said when we receive matching grant funds, the City
spends its money first and is reimbursed by the grant. In response to Mayor Towey, Mr. Guth
said the bridge will be inspected again in October.
Mayor Torrey called for a recess at 7:05 p.m., and he reconvened the meeting at 7:17 p.m.
4. Comprehensive Plan Amendments—Mike Basinger/Scott Kuhta
Senior Planner Basinger informed the Council that the Planning Commission held a public hearing on
May 9th and the draft minutes before them are from that meeting and will be presented for approval at the
Planning Commission meeting this Thursday. He said the Growth Management Act(GMA) allows minor
amendments to our Comprehensive Plan on an annual basis and that all amendments must be officially
registered and approved by City Council. He said Council approved the docket before them and staff
presented those amendments to the Planning Commission. The Planning Commission held a public
hearing on the amendments May 9, 2013. He said the Planning Commission makes a recommendation to
Council and the Council makes the final determination on all plan amendments. Mr. Basinger then
outlined each proposed amendment.
CPA-01-13: He said this is a privately initiated map amendment to change the west 131 feet of the parcel
from Low Density Residential to Office, located south of Broadway Ave., east of Evergreen Rd. and
north of Valleyway Ave. It is currently zoned R-3 and the applicant proposed Garden Office zoning,
limiting the height to 45 feet for better alignment with surrounding residential properties. No questions
from Council.
CPA-02-13: Mr. Basinger said this is a privately initiated map amendment to change from Low Density
Residential to High Density Residential, located south of Mission Avenue and west of Barker Road. It is
currently zoned R-3 and the applicant proposed MF-2.No questions from Council.
CPA-03-13: This is a City initiated amendment to change from Office to Community Commercial,
located north of 4th and south of Interstate 90, near our gateway sign. He said currently there are some
non-conforming uses but all current uses would conform under the Community Commercial zoning
designation. Mayor Towey said we received a letter from one property owner requesting not to be
included in the zone change and he asked if we are able to change all parcels except that one. Mr.
Basinger said staff researched that and believes it is fine to leave that parcel as Office designation if that
is the desire of Council. He said at the public hearing, the Planning Commission did not receive any
information from that property owner as to why he didn't want the zone change and determined the
Council Study Session Minutes 05-21-2013 Page 4 of 6
Approved by Council; 05-28-2013
property should be a conforming use and should change with the other properties. Mayor Towey asked
what the process would be for that property owner if they decided they wanted to change zoning later.Mr.
Basinger said they would Iikely need to request a site-specific amendment and pay the fee; however, he
said that also would be up to Council. Councihnember Grafos said we don't have to change it just because
we can and he said he thinks we shouldn't use the City's police force to change it. City Manager Jackson
said Council should decide if they want to include this amendment in the ordinance before moving
forward toward a motion consideration. Mayor Towey, Deputy Mayor Schimmels, and Councilmembers
Higgins and Hafuer agreed with Councilmember Grafos that the properties should not be changed. It was
the consensus of Council to exclude CPA-03-13 from the proposed amendments. Mr. Basinger went on to
discuss the proposed City initiated text amendments.
- CPA-05-13 — Land Use: Adds policies in MF zones, updates land capacity analysis and projected
growth.
-CPA-06-13 —Transportation: Includes 2012 improvements, updates Transit section to ensure consistent
with STA's newly adopted plan and adds policies for pavement management.
- CPA-07-13-Capital Facilities: Updates six-year TIP and City capital projects to reflect Council policy
direction.
-CPA-08-13 —Economic Development:Updates Development Activity map and adds policies to support
Auto Row.
- CPA-09-13—Neighborhoods: Adds food access policy language.
- CPA-10-13 — Bike & Pedestrian: Includes 2012 improvements, adds sidewalk CDBG funds policy
language and SUP connection to newly purchased city property.
Planning Manager Kuhta said some property owners were concerned about changing uses in CPA-01-13
and CPA-02-13 so we could expect them to come forward to testify at the first and second readings. He
said discussion from the public hearing is included in the Planning Commission draft minutes provided to
Council. Councihnember Grafos said the main purpose of the Comp. Plan is to have consistency with the
land use plan yet we still have language in the Comp. Plan that includes "City Center."Mr. Jackson said
that is due to the speed in which we made changes to the land use plan at the request of Council;however,
we plan to add it to next year's Comp. Plan docket. Mayor Towey said this will come to Council for first
reading on June 11, excluding CPA-03-13.
5.Advance Agenda—Mayor Towey —There were no suggestions for changes to the Advance Agenda
6. Information Items: The Final 2012 Budget Report was for information only and was not reported or
discussed.
7. Council Check-in—Mayor Towey—There were no comments.
8. City Manager Comments—Mike Jackson
City Manager Jackson said the Governor signed new lodging tax legislation into effect and next week we
will discuss the ramifications of the law and Finance Director Calhoun will discuss process and
procedures. He said he also talked to Briahna Taylor who said there may be a second special session with
the legislature to discuss a transportation revenue package and she said some cities are passing resolutions
making stronger statements about supporting gas taxes and other transportation taxes. Councilmember
Wick said GSI carne out hi support of this and said cities need a revenue package now and legislatures
said they could easily see funding for projects. He said he thought it might be another opportunity to get
money for our projects and because it is being discussed across the state, it seems a more beneficial taxing
opportunity than we've had in the past. Mr. Jackson asked Council for direction and said he will not
pursue the topic further unless Council brings it up again. He said Deputy City Attorney Lamb will
prepare a presentation outlining the new rules for recreational marijuana for the next Council meeting.
Council Study Session Minutes 05-21-2013 Page 5 of 6
Approved by Council: 05-28-2013
It was moved by Deputy Mayor Schinmels, seconded and unanimously agreed to adjourn. The meeting
adjourned at 7:55 p.m.
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ATTES TI omas E.Towey,Mayot
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" iristine Bainbridge, City Clerk
Council Study Session Minutes 05-21-2013 Page 6 of 6
Approved by Council: 05-28-2013
Spokane Valley Planning Commission
DRAFT Minutes
Council Chambers — City Hall, 11707 E. Sprague Ave.
May 9, 2013
I. CALL TO ORDER
Chair Bates called the meeting to order at 6:00 p.m.
II. PLEDGE OF ALLEGIANCE
Commissioners, staff, and audience stood for the pledge of allegiance
III. ROLL CALL
COMMISSIONERS Present Absent CITY STAFF
Bill Bates - Chair Scott Kuhta,Planning Manager
Joe Stay—Vice Chair Mike Basinger, Senior Planner
Steven Neill r Erik Lamb,Deputy City Attorney
Kevin Anderson
•
Mike Phillips
Robert McCaslin r,
Christina Carlsen p r Carl Hinshaw, secretary
IV. APPROVAL OF AGENDA
Commissioner Stoy made.0 motion to approve the agenda as presented, seconded and this
motion was passed unanimously.
V. APPROVAL OF MINUTES
Commissioner Neill made e motion to approve the April 25, 2013 minutes as presented,
seconded and this motion.was passed unanimously.
VI. PUBLIC COMMENT
There was no public comment.
VII. COMMISSION REPORTS
There was no public comment.
VIII. ADMINISTRATIVE REPORTS
Planning Manager Scott Kuhta reported that there would be two upcoming community
meetings. On May 20th at 6:00 PM at the Spokane Valley Library 12004 E. Main, there is an
Planning Commission Minutes Page 1 of 6
open house on the park and library conceptual plan for the property adjacent to Balfour Park.
On May 22nd at 4:00 PM,there is a follow up meeting on the Appleway Trail planning process.
The trail planning is from University to Evergreen for the Appleway section for a multi-use
path.
IX. COMMISSION BUSINESS
The Public Hearing opened at 6:OS PM
A. New Business:
Senior Planner Mike Basinger provided an overview of the amendments for the 2013
Comprehensive Plan,
Public Comment:
CPA-01--13
1. Linda Stack, 14106 E. Springfield, Spokane Valley: Ms. Stack had concerns on the
building height. Planting Manager Kuhta stated that the maximum building height for
that zone is 45ff. Ms. Stack stated she would not like it if there were apartments looking
in her yard. Mr. Kuhta clarified that the property that is to the east will remain in the
low-density residential category, which is single-family zoning.
2. Linda Lafser, 14010 E. Alki, Spokane Valley: Ms. Lafser had concerns about where the
business and parking were going to be located and if they plan is to extend the road.
Senior Planner Basinger responded that access to that development would come off
Evergreen, Future development`of the back parcel may be•accessed from Alki, but will
be in the low-density residential category.
3. Applicant Gene Arger with Arger Company, 300 N. Mullen, Spokane Valley: Provided
an overview of developments in the valley including one on Evergreen. Mr. Arger
stated that they are--looking to add some consistency by moving the zoning line to the
east to line tip with the property to the south. He stated what makes this different from
the property to the south is it is next to a community commercial zone to the north
which makes it a good candidate for garden office.
CPA=0213
•
•
1. Applicant Todd Whipple, 2528 N. Sullivan Rd., Spokane Valley: Mr. Whipple
provided the.plan for CPA-02-13. He stated that changing this from low density
residential to high density residential would have little impact to the overall
neighborhood,given the fact that the City has standards and requirements in the code
that will guide them in the process.
2. Jay Shuman, 18414 E. Sinto, Spokane Valley: Mr. Shuman believes there is a lot of
impact in regards to this change. He stated that the view to Holiday Hills is blocked
with apartments from where he lives and the view to Mica Peak will be blocked if more
apartments are put in. Mr. Shuman also stated the traffic flow and congestion is going
to change.
3. Ben Thompson, 18511 E. Sharp, Spokane Valley: Wanted to know where the access is
going to be to the apartments. Planning Manager Kuhta stated that it is not determined
Planning Commission Minutes Page 2 of 6
yet. Mr. Thompson stated that he lives on Sharp and its tough living there already due
to heavy traffic,no more scenic view.
4. Talena Thompson, 18511 E. Sharp, Spokane Valley: Ms. Thompson stated that the
people that live in the apartments already throw cigarette butts and garbage over the
fence line. People are inconsiderate. She said as a homeowner she takes good card of
her property and would like this to stay how it is.
5. Dennis Crapo, Diamond Rock Construction, and subject property owner, 2602 N.
Sullivan, Spokane Valley: Mr. Crapo expressed some insight on the application. From
Barker to Boone there is a short distance that is accessed by the residents of the
apartments. He stated that the residents to the apartments generally pass Wendy's and
then they drive into the parking lot. Mr. Crapo stated that he has never had any calls
from the neighborhood reflecting any issues with trash or cigarette butts. Commissioner
Carlsen asked if there is trouble-finding parking. Mr. Crapo responded that they had
done a traffic study and that in addition the existing apartments have adequate parking,
which was required to be able to build the apartments. Commissioner Carlsen asked
Mr. Crapo if he had plans for a specific building where he is proposing his change and
what could fit there. Mr. Crapo stated that they would have to look at the zoning. He
said eighteen units would fit there. Senior Planner Basinger explained what was before
them was the change to MF-2 and there is a variety of uses that are allowed with an
MF-2. Mr. Basinger discussed that the Planning Commission needs to look at it to see if
it is consistent with the Comprehensive Plan and regulations, and make sure the
regulations protect the neighborhood character. He stated that there is a relational set
back that was adopted, it transitions the height to any adjacent single-family use or
zone. The two single-family uses to the west would require the relational setback for
any development on this property.
6. Jay Shuman, 18414 E. Sinto, Spokane Valley: Mr. Shuman discussed that due to all the
growth, during rush hour traffic Barker and Boone are being backed up. It is causing
traffic to go,,up to Sharp and Sinto and zipping thru those neighborhoods to get back to
Boone to get back into the apartments. Commissioner MeCaslin commended the public
for coming in early on the process before it goes to Council. He also recommended that
if they have complaints about the neighboring property or traffic problems they need to
file those complaints as.,soon as possible. That would help their case. Commissioner
Neill asked what it would take to have a light installed. Mr. Basinger stated that this is a
non-project action. At the time of development, the applicant would have to meet
transportation concurreney. City's traffic engineer would require a traffic study and if
there are concerns then the applicant will have to participate in improving the traffic
system.
CPA-03-13, CPA-05-13, CPA-06-13, CPA-07-13, CPA-0S-13, CPA-09-13, CPA-10-13
No comments
A comment letter from Kristi Wheeldon for CPA-01-13 is incorporated into the record.
A comment letter was received from Harlan Douglass for CPA-03-13 is incorporated into
record.
Planning Commission Minutes Page 3 of 6
Public Hearing was closed at 7:02 pm.
CPA-01-13
Motion: Commissioner Neill made a motion to approve and forward to the City Council
CPA-01-13 as presented, seconded and this motion was passed unanimously.
Discussion: Commissioner Carlsen stated that the amendment was consistent with the
Comprehensive Plan and the development regulations. Commissioner Stoy stated that the
proposed amendment would make a nice clean line with the adjacent Garden Office
classification.
CPA-02-13
Motion: Commissioner Stoy made a motion to approve:and forward to the City Council
CPA-02-13 as presented,five yes, one no and one reused (Commissioner Anderson) due
to having a family member affected by the proposed change,
Discussion: Commissioner Carlsen stated that the amendment was not consistent with goals
and policies in the Comprehensive Plan and would affect the character of the adjacent
single-family development. Commissioner Bates stated that the amendment was a natural
progression of the existing multifamily development to the east. Conunissioner Phillips
stated that the site was an appropriate place for multifamily development.' Commissioner
Stoy stated that this was a great place for a small continuation of multifamily development.
Stopped for a ten-minute break at 7:15 pm
•
Resumed at 7:25 pm. •
CPA-03-13 •
•
Motion: Commissioner Stoy made a motion'to approve and forward to the City Council
CPA-03-13 as presented seconded and this motion was passed unanimously.
Discussion: Commissioner Bates stated that they had received a letter fiom Harlan
Douglass asking for his property to remain in the Office designation. Commissioner Stoy
stated the amendment is appropriate considering it would make the parcels conforming
uses. Commissioner Stoy asked Legal if there were any issues with changing the property
to conform without the property owners consent. Erik Lamb, Deputy City Attorney, stated
that the Commission should base their decision on the consistency with the GMA, the
Comprehensive:Plan, and the Development Regulations. He further stated that the courts
have found that the policy behind legislative zoning is to eliminate non-conforming uses.
Commissioner Neill:asked Mr. Lamb if by changing the zone it would affect Mr. Douglass
in any way. Mr. Lamb::stated that with discussion with Mr. Basinger and Mr. Kuhta that
they had not identified any negative impacts associated with the amendment. As Mr.
Basinger stated, the zoning would allow all of the same uses as Office and the County
Assessor stated that the taxes would not change. Commissioner Bates stated that he felt
that the letter did not provide enough information on why the property owner did not want
the amendment and thought that they should have provided a representative at the public
hearing to express their interests. Commissioner Carlsen stated that the amendment should
be approved as recommended by staff including all the properties. Commissioner
McCaslin stated that the property owner should have sent a representative if they had
concerns regarding the amendment.
Planning Commission Minutes Page 4 of 6
CPA-05-13
Motion: Commissioner Carlsen made a motion to approve and forward to the City Council
CPA-05-13 as presented, seconded and this motion was passed unanimously.
Discussion: Commissioner Bates asked why the vacant and partially used land went up and
why the net developable acres went down in Table 2.1 Land Capacity Analysis. Mr.
Basinger, Senior Planner, stated that there are many variables that go into the City's land
capacity analysis. Mr. Basinger further stated that he would be happy to provide the
Commission with a detailed report on land quantity analysis at a future date.
CPA-06-13
•
Motion: Commissioner Carlsen made a motion to approve and forward to the City Council
CPA-06-13 as presented, seconded and this motion was passed unanimously.
Discussion:None
CPA-07-13
Motion: Commissioner Neill made a MOHOn to approve and forward to the City Council
CPA-07-13 as presented, seconded and this Motion was passed unanimously.
Discussion: None
CPA-08-13
Commissioner Carlsen made a motion to approve and forward to the City Council CPA-
08-13 as presented, seconded and this motion was passed unanimously.
Discussion: None
CPA-09-13
Commissioner Carlsen made a motion to approve and forward to the City Council CPA-
09-13 as presented.
Discussion: Commissioner Anderson stated that he thought some of the wording could not
be defined and should be removed. The Commission determined that some of the language
should be modified (see below).
A motion on the table discussion was to make some changes to the motion as follows:
1. NP-2.5 remove (groceiy stores and).
2. NP-2.3 remove (social capital and replace with community interaction).
3. NP-2.6 remove (and recognize).
Commissioner Carlsen made a motion to amend the original motion CPA-09-13 to
incorporate the changes NP-2.5 remove (grocery stores and), NP-2.3 remove (social
capital and replace with community interaction), and NP-2.6 remove (and recognize),
seconded and this motion was passed unanimously.
Main motion as amended:
PIanning Commission Minutes Page 5 of 6
Commissioner Carlsen made a motion to approve and forward CPA-09-13 with the
changes incorporated and to forward to the City Council as presented, seconded and this
motion was passed unanimously.
CPA-10-13
Commissioner Stoy made a motion to approve and forward to the City Council CPA-10-13
as presented, seconded and this motion was passed unanimously.
Discussion: Commissioner Stay and Commissioner Bates congratulated Mr. Basinger on
the development of the Bike and Pedestrian program.
X. GOOD OI'{ THE THI1 ORDER
There was nothing for the good of the order.
XI. ADJOURNMENT
The being no other business the meeting was adjourned at 8:34 p.m.
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Bill Bates, Chairperson
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Cari Hinshaw, PC Secretary •
Date signed
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Planning Commission Minutes Page 6 of 6