PC APPROVED Minutes 08-22-13 Spokane Valley Planning Commission
APPROVED Minutes
Council Chambers— City Hall, 11707 E. Sprague Ave.
August 22, 2013
I. 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
III. ROLL CALL
COMMISSIONERS Present Absent CITY STAFF
Bill Bates-Chair x C— Scott Kuhta,Planning Manager
Joe Stoy—Vice Chair x Marty Palaniuk, Planner
Steven Neill x - Erik Lamb, Deputy City Attorney
Kevin Anderson x l—
Mike Phillips x
Robert McCaslin x r
Christina Carlsen x Can Hinshaw, secretary
IV. APPROVAL OF AGENDA
Commissioner Stoy moved to approve the agenda as presented, a second was made and the
motion passed unanimously.
V. APPROVAL OF MINUTES
Commissioner Carlsen moved to approve the August 8, 2013 minutes as presented, a second
was made and the motion was passed unanimously.
VI. COMMISSION REPORTS:
Commissioner McCaslin attended the town hall meeting for Cathy McMorris Rodgers. He
stated he has never seen such a rude crowd; people were thrown out of the meeting while the
congressional representative was very patient and did not have backlash at the people that were
interrupting. He stated it was quite an experience.
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VII. ADMINISTRATIVE REPORT:
Planning Manager Scott Kuhta provided a brief overview of the upcoming agenda and he
shared for last couple of years the City has not seen much in the way of subdivision platting
activity. The last few months' things have really picked up, staff has been working on a
number of final plats and new subdivisions have been coming in.
VIII. PUBLIC COMMENT:
There was no public comment.
IX. COMMISSION BUSINESS
A. Unfinished Business:
Finding of Fact: CTA-2013-0006 — Privately Initiated Code Text Amendment, SVMC
Chapter 19.120, to allow specialized training/learning studios as a Permitted Use in the I-1
zone and a Conditional Use in the 1-2 zone.
Commissioner Stay moved to approve and forward to City Council CTA-2013-0006 as
presented. A second was made.
Discussion: None
Planning Commission vote was to forward to the City Council as presented, the motion was
passed unanimously.
B. New Business:
Study Session: Street Vacation—STV-2013-0001
Commissioner Phillips recused himself from the Study Session (STV-2013-0001) due
to conflict of interest. Although not directly involved, Mr. Phillips' consulting firm is
working on the proposed street vacation.
Planner Marty Palaniuk presented an overview of a street vacation requested by the
applicant, Mike Silvey, on behalf of Evergreen and Valleyway, LLC. Mr. Silvey requests
the vacation of an unimproved, half-width, right-of-way section of Alki Avenue (81 feet in
length by 19 feet wide with 50' radius cul-de-sac at the terminus). The vacated cul-de-sac
will be replaced through the dedication of an emergency access turn-around.
Commissioner Stay asked if the dedicated area is going to be the fire department
hammerhead. Planner Palaniuk stated that the City staff have looked at it and agreed with
the vacation and dedication of the hammerhead. He commented that a half cul-de sac does
no good for the fire department; they cannot turn around on a half cul-de-sac, so idea was
to get a turnaround hammerhead there. It's not the ideal for the end of Alki but it will be
functional to allow emergency vehicles to get in there and get turned around. It also would
give the City somewhere to push snow in the winter.
Commissioner Anderson asked if you vacate a portion of a street, would the city require the
right-of-way to be improved. Mr. Palaniuk stated that the city will require the
improvements when the developer gets a building permit for this property. Planning
Manager Kuhta stated that the property to the north would be required to dedicate and to
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improve a portion of their property; it appears that they are moving fast to get these areas
developed and most likely, there will be many improvements within the next year.
X, GOOD OF THE ORDER
Commissioner Anderson had a comment on the Spokane Valley Municipal Code, Section
17.80.150 F, which has the two approval criteria's:
F. Approval Criteria. The City may approve amendments to this code if it finds that:
1. The proposed amendment is consistent with the applicable provisions of the
Comprehensive Plan; and
2. The proposed amendment bears a substantial relation to public health,
safety,welfare, and protection of the environment.
He stated that the problem he has is it says; and between 1 and 2,which mean
both the criteria's need to be met to do what it says. Also in sentence 2 it states:
bears a substantial relation to public health, safety,welfare, and protection of
the environment. Commissioner Anderson does not believe in most cases you can
support that sentence. However, there are cases that you could. Commissioner
Anderson stated he is curious why an and verses an or type requirement and can
that requirement be changed. Planning Manager Kuhta stated that the basis of
zoning is to protect the public health, safety, and welfare. This is a standard clause
in the municipal code. Deputy City Attorney Erik Lamb stated our constitutional
authority for municipalities to act and to enact zoning regulations, is our police
power to protect the public health, safety, and welfare. He continued that in
requiring this in an approval criteria were insuring that it is under our constitutional
authority. Commissioner Anderson stated he has a tough time using the same
paragraph every time, there is no validity to it.
XI. ADJOURNMENT
Ther- being no other business the meeting was adjourned at 6;36 p.m.
WAWA (-;LL
Bill Bates, Chairperson
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Can Hinshaw, PC Secretary
Date signed
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