Planning and Zoning - Regular Meeting

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right. Here we go. Yeah, I get traffic. Please sing. It was It was just my Heat. Heat. Heat. Heat.

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Heat up here. Heat. Heat. Fourth of July. Just took a moment. He usually doesn't sleep around.

Oh, how happy. It's coming. The arrogance of it. If they had to put up, I would say, but we're just throwing water on. I would say did it work? Yeah. Try again.

Okay, got it. They're hard. They're just playing golf. Got a few banders up here. Sad title moving along. So you can still you do all the Christmas

you get sick in here safely. something about something to tell stories, something to do. Do they make you dress like an elf? No, I think they could. You should. I My favorite one is when I get to tell a story or say the history.

History and I kind of Heat. Heat. and excuse me and welcome to the November 12th, 2025 planning and zoning meeting. Um, can we have roll call, please?

Msina here. Les here. Ward here, McCracken here, Fleming here, Jamas here, and copus. Hey, can you join me for the pledge, please? I pledge allegiance to the flag of the United States of America and to the stands, one nation under God, indivisible, with liberty and justice for all. Thank you. Um, can I approval of the September 9th, 2025 minutes, please? I so approve. I have a first second.

Second. All in favor? I I at this time um be public comments, but nothing that is on our agenda you can talk about right now. So, if does anyone want to come up and say anything? No. Okay. staff comments. Hillary.

All right. Good evening, commissioners. So, just um so you're aware for our December 9th meeting, the core items that were originally noticed for tonight and so for the public as well, those will be on December 9th. So, those are the three items. So it would be the planned unit development for the 64 acres associated subdivision request for C corair 1 and then proposed landscaping plans for parking lots with over 300 parking spaces and then we also have a subdivision request for property at Kathleen and US 95 and there will be an extension request for a subdivision that you've approved previously. Okay, so that's all I have this evening. Thank you. Appreciate it. Any commission comments?

No. Oh. Oh. Okay. Moving right along. Uh before we get into the public hearing, I just want to make sure um there's a signup sheet. If you want to speak, please sign up. Uh and then when it's your turn, I'll call your name. If you don't sign up and you want to do speak, just at the end I'll ask if anyone hasn't signed up if they've changed their mind, you can still come up before I close public hearing on this. Um, okay. Who's Tammy? Come on up. Sitting way in the back in the chief seats tonight.

Tammy's going to give us a little overview on this. Appreciate it.

Thank you. Good evening, commissioners. So this evening we have a gate request. The applicant is Bellere Homeowner Association. Subject is the modification of the Bellere plan unit development item PUD104M.7. And this is a request for approval of gates located on the east and the west sides of Bellere Boulevard. And the location, it's a private road along Belleref and Belleref first edition track B encompassing an area that is a plus or minus.24 acre um site within the Bellere PUD. Decision point. Should the planning and zoning commission approve amendment number seven to the Belleree plan unit development to allow two gates along Bellere Lane? So legal noticing was done. It was p published in the Celane press on October 25th, 2025. Mailing was done on October 24th, 2025 and it was posted on November 4th, 2025. So, I'm going to provide a PUD amendment overview. So, the Bellere HOA is requesting a PUD amendment number seven to allow for two gates to be installed on Bellere Lane, which is a private road, and on the east and west sides of Bellere Boulevard. The gates would not restrict the public pedestrian access to the full length of the public boardwalk utilizing original designated access points. The gates would restrict vehicle traffic to Bellere residents and guests. Signage indicates all pedestrian access points from Bellere Lane, including uh next to the gates, the riverfront house, Centennial Trail, and the boardwalk. An open space would remain and no other changes to the PUD have been requested. So, I'm going to give you a little bit of history. Um, first of all, this is the aerial photo of the Bellere development. This is all outlined in

lead in red. So, the original PUD for Bellere was approved in 2005 and at that time it was known as Riverwalk and then became Bellere Development. Uh there were numerous changes uh in the Belleree development that included uh ownership changes, amendments to the PUD, modifying phasing, changes of housing types. Uh the open space was requested to be changed and completed and approved in 2016. and the enhancements to the open space areas have been made and the boardwalk was extended to the east where additional lots were platted at the end of Bellere Lane. A PUD modification request to allow gates came forward uh to the planning and zoning commission in 20 2018 in December. The Bellere Homeowner Association wanted to install the gates in the same location uh as currently requested and the in the 2018 application the HOA indicated that the installation of the gates would mitigate ongoing issues in the development such as high volume of traffic uh parking uh late night gathering and drinking and drug activity. At that time, the Belleree gate request was denied with pre prejudice due to a variety of factors. Some of those concerns that were raised during that public hearing that the gate would limit public access access to the boardwalk. The lift for ADA access to the boardwalk was not satisfied and such as the connection to Lacrosse Boulevard, which was a secondary access had not been completed. So on pages four, five, and six in your staff report, include a report um providing all the conditions that were proposed at the uh 2018 public hearing. And the Bellere HOA has noted that they've been addressed. In addition um

to that, staff has also provided some additional conditions that we'll talk about at the end of my staff report. So this is the aerial photo of the Bellere development. um similar to the one I just showed you. The outline in red is the Belleree uh PUB area. This is a proposed gate location here and the second proposed gate location on the east side. And then this is the public boardwalk outlined here. And again, here are the proposed gate locations. This is BB Boulevard and this is the Riverhouse. and one gate location proposed here and one here. I've included a number of site photos that I'm going to go through just to give you a little background on where the locations for the pedex pedestrian access are. So, this is one of the two proposed gates in the center of Bellere. And as you can see, uh the gates have already been installed. Uh the infrastructure was done, but they are not able to close them yet. uh Bellere HOA had a number of meetings with the city and um decided to move forward with a gate request which is uh typically required on several other of the PUDs when they want to install a gate. So this photo is looking east along Bellere Lane at the proposed gate and single family homes on the north side of Bellere Lane. There's the gate and they've included some welcome signs that I'll point out along my presentation. This is looking east along Bellere Lane at the single family homes on the north side with a welcome sign in the foreground for pedestrian access to the boardwalk that's located here. This is looking northwest at a private parking lot along Bellere Lane. And this is the Hampton end noted here. And then this is a parking lot. And this is looking south along Bellere Lane at a public access sign and the

pathway between the two single family homes. So throughout Bellere um you'll see the welcome signs here. There are a total of 10 of them and in 2018 uh they installed most of them. Um they have noted them throughout the Belleree um along Bellere lane in the development for pedestrian access to the boardwalk. This is looking south at the fire department. turnaround between two of the single family homes on the south side of Bellere Lane. There's also a pedestrian access right around here that leads down to the boardwalk and it's there's also a sign posting uh where the access location is for pedestrians. This is looking north along the east end of Bellere Lane toward West Lacrosse Avenue at the Centennial Trail which runs parallel uh to Bellere Lane along here. And this is just looking west along Bellere Lane at the existing single family homes. This is looking north on the east end of Bellere Lane at the emergency gate access for the fire department. And this is another site photo looking south toward the Spokane River at a public access pathway to the boardwalk. And again, you'll see another one of the signs that they've posted for the public to be able to see where the access points are. This is looking south at the public access pathway to the boardwalk. And this is another location. This is a vacant lot um next to it. Looking south again at the Spokane River at a public access pathway to the boardwalk between two single family homes. This is looking west from the open space strip along the north side of Bellere Lane. Uh this does run parallel uh to the Centennial Trail located here. This is looking northwest at the west end of the alley or driveway to the

Bellere Fifth Addition and the pedestrian crossing. Um you'll see the note here. Recommended condition number eight provides a paved connection at the location between the trail and Belleref Lane and the applicants have agreed to this condition. This is a view looking west along Bellere Lane with the riverfront house on the right side of the photo and looking north along Bellere Lane and another parking lot again with the Hampton in in the background. This is the second gate that's looking that's located on the west side uh of Bellere of Bellere Lane. This is looking south toward the Spokane River again at the pedestrian access point near a single family home on the west end of Bellere Lane. This also serves as a fire department turnaround. So I'll go over the required findings for this request. So finding B1 that the proposal is or is not in conformance with the comprehensive plan. So the subject property is within the city limits and the future land use map designates this area as plan development. Comprehensive plans and goals and objectives to make findings B1 through 7 are noted in your staff report on pages 15 and 16. And this is the subject property or the area within that subject property. And it's designated as plan development as noted in this green. And here are your comprehensive plan framework um goals and objectives noted in your staff report. And here are a few more. We've also included the existing bicycle network, the existing and planned walking network and the existing transit network maps. Signing B2 that the design and site planning is or is not compatible with the existing uses on adjacent properties.

So the Belleree PUD includes single family homes along the river, mixeduse condominium building known as a riverfront house with residential units. There are a couple restaurants in that building along with other businesses. Bellariv includes the public boardwalk and they do have the 10% open space. Centennial Trail, Prairie Trail, runs on the north side of Bellere and it does provide pedestrian access to the boardwalk. And Bellere is located adjacent to Riverstone which offers a variety of residential, shopping, dining, medical, and professional offices along with service, hospitality, and entertainment. Subject property is also in close proximity to Riverstone and Atlas Waterfront Park. They both provide a passive and active recreation opportunity. To the south of subject site is the adjacent is adjacent to the Spokane River on its southern boundary. And the Spokane River is primarily used for recreational activities and has a navigable water zoning district. So the requested modification will not change the previously approved deviations. And this is a land use map. This is the area um in discussion tonight. The outline is of the Belleref PUD area. Uh the yellow indicates single family along with some multif family and some commercial located within Belleref. Finding B3 that the proposal is or is not compatible with natural features of the site and adjoining properties. So the only natural features within Bellere and surrounding areas are the Spokane River track A which is open space area within the Belleree and the boardwalk shoreline and waterfront lots. Some of the areas along Centennial Trail that have the native vegetation. The request for the gates on Bellere Lane which is a private street would not impact any of the natural features or impact the existing or approved open space areas within the project or along the Centennial Trail. finding before the location, design and size of the proposal are such that the

development will or will not be adequately served by existing streets, public facilities and surfaces services surfaces. So necessary findings were made with the original PUD and subsequent PUD amendments with regard to the location and design and size of the proposal with the city city's ability to provide service with a private ungated road. So comments have been provided. They're in your staff report on pages 29 and 30. They include some comments from water, wastewater, parks, police, fire departments with regard to the installation of the gated access over the public underground utilities and if it would impact public service finding B5. The proposal does or does not provide adequate private common open space areas as determined by the planning commission. No less than 10% of gross area land free of buildings, streets, driveways, or parking areas. The common open space shall be accessible to all users of the development and usable for open space and recreational purposes. The approved open space for the project originally was 4.42 acres, which did equate at that time to 18%. Later, as I mentioned, it was reduced to 2.4 acres, but does meet the 10% open space requirement. If the gates were approved, all the open space areas will remain unchanged. The Belleree Homeowner Association has also included graphics for additional improvements to several grassy open space areas as noted in the site photos. Uh, and that's included in your staff report. Installation of the gates to the east and the west of Bellere Boulevard on Bellere Lane will allow for the public access through the development from the sidewalks from the commercial area, but it would restrict vehicular access and the gates uh do not modify the approved open space areas. So this is an example of the Bellere

public access interpretive sign. Um this is created in 2018. Uh Monty with the parks department worked with the Bellere HOA at that time. You'll see in one of the conditions um we talk about the signage a little bit and that's one of the conditions to request that they do provide a couple more and work with staff on that finding B6 off streetet parking does or does not provide per parking sufficient for all users of the development. So the standard parking requirement for the proposed use in the Belleree PUD uh required single family dwellings two spaces per unit courtyard homes 1.5 space per unit. So the request for gates would not impact the previously approved parking requirement for the project. Uh there are parking lots on either side of Bellere Boulevard within Belleref and they are available for patrons with restaurant validation and can be used by the public to access the boardwalk. Since this request came forward in 2018, the city did partner with Ignite Quarter Lane and installed additional parking off of Lacrosse Boulevard. There's also off streetet parking across Lacrosse Boulevard and on a parking lot next to Centennial Trail that has been gated off temporarily because it is intended for future parkland and recreational uses that were envisioned with the four corners master plan. And as part of the mahogy mahogany lane pud, there will be additional off- streetet parking on Tilford Boulevard along Centennial Trail. and there is on street parking on the north side of Union Drive in the vicinity of Bellere finding B7 that the proposal does or does not provide for acceptable method for the perpetual maintenance of all common property. So the Bellere homeowner association was part of the original and final development plan. With that approval, the open space areas will continue to be maintained by the HOA in accordance with the existing

governance documents. Beller Reeve Lane is maintained by the HOA and the gates would also be owned and maintain maintained by the HOA if this request is approved. So there are a total of 12 recommended conditions. There's four from fire, two from water and wastewater and then there's one from streets and engineering. planning has for requirements or uh recommended conditions and parks and recreation also included a condition. Tammy, may I interrupt? Um the one with the water wastewater also includes police department. Did that get updated? Okay,

thank you. So action alternatives. The planning and zoning commission will need to consider the request from the Belleree homeowner association for a Bellere PUB amendment 7 to request the installation of two gates on Bellar Lane to the east and west of BB Boulevard and make findings to approve with or without conditions deny or deny without prejudice. And your finding worksheet is available in the public hearing packet. So the applicant is here. They also will provide a presentation for the planning commission. Okay, John, go ahead.

Thank you, Tammy. Good presentation. I have a few questions. I'd like to start with, you know, the PUD itself. Uh, correct me if I'm wrong, but all PUDs need 10% open space. We've had workshops uh that it's got to be usable and and that sort of thing. In this case, it's somewhat of a unique PUD. Most PUDs it has to be usable open space but not open to the public. This through from inception the the open space which includes the boardwalk has to be uh available to the public. Is that correct? That is correct.

Thank you. Um, so next question is is kind of on the parking thing is you know we've touched this a couple times some of us and uh correct me if I'm wrong but uh you know the issue here is that we've you know had public parking on a private street. You know, even though there's signs that say resident and guest parking only, I guess I'm hearing from the comments that I that are with our came in from folks uh that we received today. Uh folks say people ignore this the signs and they they park there anyway. Help me understand if you would when you go back to the inception of of Belleree, was there ever a requirement uh for Bellere Lane to accommodate public parking?

I can't actually maybe Hillary has a little more background. I'm not I'm not aware of it. There was not a specific condition uh when this came before the planning and zoning commission in 2018. staff took the position that because there was supposed to be a full connection from Believe Lane back to Lacrosse without the gated access that it was basically connecting to two public streets and it functioned as a public street and that public parking was also allowed because there was the access easement across the entire Bel Lane for public access as well as utilities and maintenance. So that was a position then. that things have changed as noted in the staff report with the gated access that goes to the parking lot that then connects back to Lacrosse.

I'll ask in a little different way. Can you think of anywhere in the city that there's a private street that is meant to accommodate public parking? I'm not familiar with them. So, um, a couple other questions. One of the comments again, you know, someone said that in your pictures I'm I'm seeing different things, but someone said, "Well, the gates are going to swing out across the sidewalk, so there's no way to go down there if I want to go down there and walk walk in." That doesn't appear to be true, is it? I mean, I'm looking at the gate swing and gates exist. Pardon? The gates exist. They're there.

Well, they're open, though. I'm just They're open. They're not The picture doesn't show it across the sidewalk. Thank you very much. Last thing I I want to ask, I guess, if if you wouldn't mind scrolling back to this emergency gate photo. Which slide would you like? Oh, it's it's this one one. Any gate one has that emergency gate deal.

That one. So if we're trying to find a medium ground where we try to get the looks out of there that really don't have any purpose of going down that road because there's no parking and we're trying to direct the parking to the lots by Leip and the the lot that you mentioned that Ignite helped fund is beyond that gate. Has there been any thought just looking at that photo of some enhancement to get pedestrians connected through there? So if we're trying to encourage folks not to go down Beller Ree and illegal wrongly park in the resident spots and park there instead I don't see a nice or any kind of a quasi inviting way to get me pedestrian through there. Is there any thought to that?

I can weigh in on that. We did have a conversation with the Believe Homers Association about that connection. um they felt that this location didn't need that connection because there's one further down where I guess the far east end and then the other one would be where Tammy showed on this slide where there was the the red text showing where there's going to be an additional pedestrian connection which is at the midway point and then off of BB at the riverfront house and then the other locations in there. But that is something you certainly ask the applicant team when they come to present.

Thank you. And John, I'd like to kind of circle back. You mentioned the sidewalks, and there are sidewalks available for pedestrians. Uh, also, we've included on page 32, condition number seven, there was a small missing section of sidewalk. So, that is a condition uh that they um provide that additional section of sidewalk to make sure that there is pedestrian access. Thank you.

Questions? Tammy, I got a question regarding the gate, and I don't know if this should be addressed to the applicant. I'm just surprised that the gates are in. How did that get done? And if it's something I should ask the applicant when they're up there, and what was the process that had to be done to get those gates installed? Since this is in front of us regarding gates, whoever wants to take that or

I can speak to that and then certainly ask the applicant for a little bit more background. Um, it's our understanding that they had a difference of opinion that a PUD amendment was required. They thought it was not since it's a private road and they'd had a conversation with former city employee who had told them that they could install it without any approvals. So, that was not the position that the rest of current staff have taken. And um we went all the way back to our very first planned unit development projects in the city and they the gate requests for any private road had to go through the PUD process. So that was true in Mil River. They amended their PUD when they wanted to add the one gate. Corlane Place have done PUD amendments or included it in their original PUD. And so that's the process. So when we had further meetings with them, they agreed to come back through the the process. Um and then you can speak to them about kind of the process of installing the gates as well. Um, but it didn't require any city permits to install them on the roadway because it didn't disrupt

city utilities at that time and because it's a private road. So, we didn't have a site development permit or something like that. So, they installed it. Okay. In the roadway.

Just want a little clarification. And I noticed that there's um I'm not saying how this is going to go, but some of these conditions if it's approved will go along with that approval. But some of those are like for instance um number nine dedicated easement to the city and Centennial Trail 10 conduct an annual inspection uh regarding signage and stuff that's there. uh adding a missing section of sidewalk. Those three items, let's say, if this doesn't get approved, um I know we can't um add conditions, but those particular items, is that something that should have been done a while ago and hasn't been done or anything related to landscaping and any fencing or things that we read in our package? Are those things should be done? And I know we have a piece of paper here from the homeowners association a chart saying they agree they did this they did that or it's ongoing there's talks about stuff. I'm just curious how is this going to play out if this isn't approved let's say um and there are items that should have been done perhaps a while ago that haven't been done. So

there are two of those items on there were conditions of approval from the private previous um bill rave project approvals. So the one to dedicate the easement for the trail. So there was thought that in the past the developer was going to be responsible for relocating the trail away from the private properties that didn't happen. So in instead of doing that then we'll need the easement to have public access across those private properties for the trail to remain. And then the other one, what was the one you mentioned?

It was the um ad missing section of sidewalk between Riverfront House and 1842 Bellere Lane for pedestrian access next to gate that meets ADA accessibility requirements. Yes. So that one was missed at the time I think the building was approved and the site improvements were happening. So that section should be there. That was something that okay

will need to go in. And then the other item is the open space. So there's still some remaining open space areas that have not been improved. They've been working with um other sub associations that they're trying to get access to or getting the property deed back over to the master association so they can improve some of the open space areas. So those two of those conditions were from the original approval and are yet to be completed. They have and is that is that I'm sorry. is that open space that hasn't been done done yet. Part of that 10% that was supposed to be a requirement. Yes, it is. And they can speak to that and the challenges they've had. So, in other words, we don't have 10% open space, but it was been approved knowing that we should have 10%.

I believe that's the case. We can have them clarify. Okay. I mean, we have areas. They just haven't been enhanced with the landscaping. They're not paved over or anything, but they're not enhanced open space areas for two little sections, I believe.

Okay. Um, let's see. What else do I have here? You just And as far as the signages go, is that something that the city kind of approves? I know there's signs up there and there's on the I believe on the west end there's a couple of signs, but they're very small. So, I don't know if the city has any input of what the verbiage should be on the signs. Should there be an arrow pointing somewhere? Should the walkway pass be something that just doesn't look like it's actually an entrance to a house in between two things a little bit more inviting. So, I don't not quite sure what the city's input is on that with the homeowners association.

We when the project came before us, I think I was it in 2018, we worked on the other signage. So there was some other signage added at that times. A lot of the photos you can see today is actually brand new signage. So the applicant team will speak to that that they went in and made the signs larger. There were some teenytiny signs at the 10 connection points that you couldn't see. So they've actually added much larger signs that are more visible so you can see that the public's welcome and then added some clarifying text on there about uses or you know skateboards can't be on the boardwalk, things like that. So, we did weigh in on the verbiage I think the first time around and this time they shared with us what they were planning to do with the signage, the two the interpretation signs that would be something where we would work with them if this is approved to kind of make that

I guess more accum.

Thank you. I

I have one I have one question if I might. Um, one of the comments that we received from, I believe, a resident, um, raised a concern that that when non-residents pull up to this closed gate, both of the closed gates, they're now going to have to back up, find a way to make a U-turn. And in one case, I believe it's the gate on the western side of the street, will force those that are trying to back up and turn around to pull into the driveway of the condominium complex that's there. and they cited their concern that it would even be raise some safety issues because of that. And I my concern or my question is is that a concern and have you addressed have we addressed it and is there a solution to that if it is a problem? We did speak with the homeowners association about that and um they took the position that there's already vehicles turning in there and it's mostly just the delivery trucks for the restaurants and whatnot. And they felt that there weren't that many people that were making that turning movement. I guess there's been a position from some of the residents in the riverfront house that that driveway already is damaged isn't getting and is getting further damaged. But I think that's something that we'll let the applicant and the public speak to that because staff doesn't have any position on safety or anything related to that. But I don't believe unless Randy has anything he wants to to protect.

Well, that would be the case on both gates because I think if someone thinks they can go and they stop at the gate, they're going to have to back up because there's no turn around or is anything on either end. And I just want to clarify that it's probably for both gates, not just one that we got the written um request from correct that lives there. So, and perhaps the applicant can address that. Yep. At some point in time. Let's do it. Okay. All right, Tammy. Thank you. You're going to say welcome. All right.

And I don't have the signup sheet yet, so I don't know how many people I want to talk. But if there's a lot of people, I might just swear everybody in at once. It'll be easier. They repeat themselves. Tell them not if they've said something is going to say the same thing. The last person say the same thing. Let me just go over this. Tom, we're going to have the applicant first. Yeah. Hold on.

Okay. Well, there's not too many, but All right. Um, just swear in. Do you solemnly swear to um affirm that the testimony you're about to give is the whole truth, nothing but the truth. Hope you got I do. Just name and city you live in. John Magnuson. I'm 1250 Northwood Center Court Lane. Okay.

I'm here tonight uh along with Brian Green, the president of the master association. We'll both be giving some information in support of the application. Brian, as the president of the association will address much of the information that you have requested, including about the turnaround and the specifics and the genesis of this particular request and how it came to be. I have represented the association. Uh I lose track of time. We all get older. You know, I'd say this one's probably 12 12 years or so. Uh, I'm here to just briefly give you a little context that would help ask some answer some of the other questions you had asked before about how is it we're here and we were there before and what is our basis. Um, the PUD was approved in 2005. The PUD listed and designated Bel Reeve Lane as a private road and as a private road. It's not for public it's a private road. It's not for public parking. At that time, there was no requirement in the city code that gates, well, this is at least a point of disagreement between the city, but we're here tonight because we trying not to disagree. There was no code section that required that a gate be designated on a PUD plat as to a private road created by the plat. And at that point in time, the association, now we're talking maybe like 7 8 years ago, as times were changing locally, and it's manifested itself in greater forms as we continue on, we had an an inordinate amount of uh vehicular traffic in this private residential neighborhood that essentially at the end dead ended. And it was believed at the time that a PUD amendment believed by the applicant that

a PUD amendment would not be required. So the applicant called for some locates for the improvements and and that then led to the planning department and the planning department reached out and said it is our position that you need a PUD amendment. And you know, we we respectfully disagreed at that time, but we chose the path of least resistance and went through the process and made an application for a PUB amendment not unlike the one tonight. And and I don't really think it's it's accurate to say the application was denied with prejudice. The application was denied, but it was an atypical setting because the city council at the time noted three concerns that they had with respect to the request. One was at that particular time lacrosse was shown by the PUD as being extended to Bel Lane which in their mind then led to the possibility that someone would come in on Lacrosse a public lane and end up behind a private gate.

Go ahead. Go ahead.

And behind a private gate. And at that time we had you know it was it was known that there was a plan of foot to change that as it's now been changed but it hadn't been finalized. So the council said until that is resolved we don't think this is appropriate. Council also said, "We're looking at the photographs here, and at the time, Bel Reeve Lane had not been entirely built out, and there was an inordinate amount of construction traffic." And they postulated that must most of your parking problems are the result of construction vehicles. We disagreed, but they then said, "We would like you to go, you know, get your own private parking enforcement and see how that goes." So the third one was that they of course nobody wants to impede public access to the boardwalk but the question is do you have the right to park on a private street to facilitate the public access and there's been discussion about the multiple points of pedestrian access in the parking lots. So these are the three points. So then the application was denied and then after the application had been submitted before it had been denied during this period of time the city did adopt a code uh 17.06.027 that said gated residential developments are prohibited unless approval unless approved as part of a PUD. So, as we sit here today in 2025, you need a PUD amendment to have a gate or you need the PUD to say on the PUD plat that you having a gate on a private road. There's a question about whether or not you have a 2020 a PLA PUD approved in 2005, 20 years ago, when there wasn't such a requirement, and now can you oppose it after the fact? These this is why it

gets murky and why we're here because you know I don't want to we're here today not to disagree but we have disagreements about whether or not this is required as a PUB amendment but in light of what happened in the seven years after that lacrosse was not extended uh we did try for a period of two years with a association engaged private parking enforcement group um you know with with giving tickets that couldn't be legally enforced with the threat of towing and that didn't solve the problem. The project's been built out. There's no more construction activity per se and that didn't solve the problem. So that problem wasn't solved. Lacrosse uh wasn't extended and you know we we're back with the gates revisiting it and it's needed now more than ever. So the question was, you know, do we take the path that nobody wants to do and go argue about it or do we sit down and say, how can we make this work and what are your legitimate concerns? And that was the spirit in which we proceeded and and the city proceeded in that spirit too. And so it was it was very positive engagement. You see all these conditions, some of them look atypical. Association doesn't have a problem with any of the conditions. I can speak about some of that common area and that easement issue, but we thought that we would go that route and that's why we're we're here tonight. Um, so you ask like how the gates get there. Well, well, the gates the gates are more than the gates. The gates are the median and the gates. The gates are not closed. The gates are there. The gates haven't been closed. the case won't be closed until this board panel commission, you know, says yay or nay and we go where we're going to go. But, um, that's that's the path that we've been on. So, it's been a long

tortured path. The issue about that centennial trail easement. I think it's important to note a couple of things. Uh, as indicated by Tammy, we have the master declaration and and I think it's also important to note the association isn't the architect of this great regime down in Bel Reeve. And it's one of those historical anomalies down there that started in 2005 with uh Mr. Chzron and then gone through multiple iterations of people and amendments to PUB. This is not, you know, the creation or architecture of the HOA. They're tasked with the job of administering in accordance with the original declaration. They have the exclusive authority over the common areas and that includes all common areas and private roads and that includes all constituent members of the HOA be they in the riverhouse, be they the commercial units in the riverhouse or be they residences or town houses. So the HOA didn't create this but it got you know it's not complaining. is what it has to deal with. In the instance you're talking about the Centennial Trail easement, here we have a piece of open space that was platted as part of a prior um you know maybe the fifth or sixth development in here. Excuse me. And u through our research it indicated it appeared that it had mislabeled on the plat that there had in fact been a prior grant of that stretch of easement and that particular piece of open space hadn't been approved either. So we weren't any more happy about it than than you would be. So they after we've met with we've brought lawsuit against that particular developer for failing to convey the open space with a commitment to the city to grant uh an easement over that portion to solve the Centennial Trail problem. I think uh we've reached an agreement in principle. It's not been signed, but I think we're there. And so that's how that problem there's another

piece of open space that hasn't been completed. That's somebody else who will meet the same fate if they don't do it because we're on it daily. Uh, but it's trying to get everything put back together. Okay, Brian can answer questions and we'll have his own presentation and with visuals about the hows and the wise and how this fits together. If you have any questions about the history, I'd be happy to answer it. Go ahead, John.

Uh, thank you for that. Um, on the subject of easements, I do have a question. I think I ra asked the question in 2018. Not sure exactly where we stand with it, but I'll ask it again kind of for the record. But if you go down BB where it dead ends, if you go to the left, that's all Bella Reeve. All those houses are Bella Reeve HOA. Correct. If you go to the right, there's some number of Belleree HOA houses. And then it would be on it would be beyond the gate. There were nine lots that Lance Douglas owned. I think Stancrafts built down there. In other words, there's another entity beyond the HOA to the to the right beyond the gate.

What has been worked out in terms of an easement and the people with those houses down that way beyond the gate? Do they get the gate go code and the clicker and and whatnot? Has all that been worked out?

All of that has been worked out. When when Mr. Bloom bought most of Mr. Douglas's development down there and Mr. Douglas previously had an easement to use that portion of Bel Reed Lane that Mr. Chzaround Walling Control granted him. And then Mi uh Mr. Bloom who who has a gate too, but I digress. Uh he he worked with the HOA and the parks uh foundation to facilitate a reorientation and improvement of that area, including public parking. and uh he committed in in writing we have the agreement that he is in favor of the gate. I I've imagined it all been worked out, but I just for the record on it.

It's it's actually worked out, you know, totally down with the dots in the eyes and the notary. So, that one's that one's a done deal. Thank you. Any questions? Good. Okay, John. Thank you. Appreciate it. Thank you. Brian, I just sway in. Do you solemnly swear and or affirm that the testimony you're about to give is the whole truth, nothing but the truth. So hope you got I do. State your name, city you live in, please. Brian Green, Cordelane. Thank you. Thank you. You have three minutes as the clock says up there. Um, no. The applicant has longer. Oh, he's the applicant. Correct. You have more time. Master association. I'll do my best. Go ahead. My best.

Can we turn down the lights up here? So hard to see that screen. Do I have to run in there again? Lights. I do this every time. Go ahead, Roger. Really? I know. They're brutal. Coming at us. Um, it's like he doesn't do it. Ah, bang. I can think again.

All right. Well, good evening, commissioners. Thank you um for the time this evening. Thank you, John, Tammy. We went for um a lot of the preface here. So, um it may help me streamline. I'll do my very best. Um but on behalf of the Bellere board and our community, we're grateful for the time um and hearing this evening. So, I'd like to begin with some opening remarks and then we'll get into some slides that I think will help orientate us uh better here. Uh, first I'd like to express our sincere appreciation for the city planning staff and the many departments who have collaborated closely with us over the past several months to define and support this amendment. This process has been one of partnership and problem solving. Together with city staff, we have worked extensively to balance the private property interest of our community while not only preserving public access but enhancing the welcoming experience associated with visiting the Bellere boardwalk. In fact, as you'll further hear, together we have extended the access to significantly enhance the public experience for those also visiting the adjacent Centennial Trail. I think that's an important point. Bellere Lane has only one point of entry and exit, BB Boulevard. This is the heart of the batter. Driving down west or east Belleriv Lane only leads to single family residences, no with no outlet and no public street parking. This creates obvious and unnecessary navigation and safety concerns as wayward traffic is abundant via our private street. As you've heard from city staff in the report, our application affirms that all prior staff recommendations or conditions have now been fully met or otherwise agreed to or resolved. Our

shared goals have been achieved to appro improve public access and safety for all residents and visitors to Belleree while preserving our private infrastructure and conserving the future financial resource of our master association. City departments from engineering, fire, utilities and parks and recreation have also each been consulted. Each department has verified that the proposed changes, including our new traffic control gates, enhanced signage, and pedestrian path improvements, are consistent with the city's public safety and infrastructure needs. The parks department has stated explicitly that, and I quote, "The parks department has no issue with a proposed gate that prohibits vehicular access. Pedestrian access will be maintained along BB lane as uh excuse me at each public access point for the public to access the boardwalk along the Spokane River. Ci Engineering has confirmed that these improvements will have no effect on traffic upon adjacent public city streets. So these statements reflect the strong alignment and planning that's taken place between the city departments and our HOA. At its core, this amendment seeks to accomplish two goals. Preserve and protect Bellere's private property concerns while maintaining open and welcome public access to our boardwalk and commercial areas. And secondly, reduce confusion and improve safety by addressing the ongoing issues of weward vehicular traffic along Bellere Lane, a private street that has increasingly served unintended uses. These gates are not about exclusivity. They are about vehicular access and safety. Our neighborhood today makes a

point of welcoming the public, welcoming the walking public, 14 clear access points at the public boardwalk, 10 Centennial trail head signs, two entry welcome signs at each entry to the street, an open and open clear communication and welcoming of pedestrian access. The issue we're addressing tonight is uncontrolled vehicle traffic that create that is creating safety risks. We're simply separating cars from people, not people, from reaching the community. So, let's get into Okay. So, I'd like to kind of show you what we've done and what we're going to do. This is not for lefties. This is for righties. Just Okay. All right. Um more quickly, I think it's been mentioned, but um our community or master HOA is comprised of sub five subassociations. Four of which are single family homes and one that is mixeduse retail and condominium. That is the riverfront house. I know there's a lot of exposure on this, but hopefully you can see the directional arrows and I think this will help clear up I hope many of the uh questions. So there's one way in with BB. You'll see immediately to the left and to the right we have significant um parking. That parking lot is provided for by the same landlord who um has all the commercial interest in both of the two buildings at Riverfront House. There is more than ample parking. And as you can see as you turn, you've got immediate access there. I think Tammy

also mentioned as you turn either way, Tammy mentioned that all of the parking is free with validation to anybody um patroning one of the businesses there. I think it's important to understand that the commercial part of this is also something that we care very much about and we have a uh a duty to make sure that um people can come and frequent easily um those businesses. Um Leip is quite a very popular destination. So, we get quite a bit of traffic and intensity around that. Um, and it has not always had the amount of parking that is there. That hasn't been mentioned, but we now have two generous lots. For a long time, it was only one. There is also a tremendous amount of street parking available right on BB Boulevard, but not often used. Um, and just to orientate you further, the main sort of what we know to be the the heart of the access point to the boardwalk splits right through the two buildings there. See if my arrow the arrow will be better. And here are the proposed gate areas. Now, there was some question about being able to turn around. You can absolutely turn around right here. I I think we don't imagine or anticipate that someone's going to drive forward and not be able to do that. There's quite a bit of signage that you've seen all through here. Um uh the same goes on this side here. Although it's noted that the riverfront house may indeed have some turnaround in this parking lot. If for some reason this generous turnaround is not used, which is the entire intention of why that was developed. I've spoken with the architect more recently. That's always been the case. We have not experienced um some sort of significant turning around at this point, but as I

show as I'll show you in a bit where they do turn around so that it becomes very clear. This is the main access to the boardwalk through the buildings. And I wanted to note that in addition to the boardwalk both east and west, we also have significant public morage that we make available to the public at our expense as the boardwalk I believe it's noted, but that is also at our full expense and upkeep and maintenance. Um, and so this is obviously a very and I'm not sure Tammy if this is in our 10% by the way. I don't know what you know I don't think the boardwalk is the track day was yeah so

I think just in in general terms this is quite an addition to um when we talk about 10% which obviously we understand the sensitivity around that I'm just kind of zooming out for a second I imagine everybody on the commission is very aware of the mahogany lane planning that was approved in their PUD so this is coming soon and just to orientate everybody this is as you're coming down BB Boulevard will be right here. And Tammy did mention that um as part of the PUD, ample parking is going to be quite a significant amount of additional parking, free parking will be placed here. Quite frankly, much more than will be needed to support this structure. Um the Bellere Homeowners Association, as it was mentioned, did collaborate with the Mahogany Lane um development and we were able to actually swap um land a bit, if you will, to correct um what what they were looking for to have a little bit more latitude in their build uh in internally within our development. But it allowed them to then take that land and donate it or provide it to an easement I believe to the Centennial Trail so that we could better realign this. So for those of you that remember this used to be a very kind of treacherous diagonal connection point between the two across the street to get um to the trail. It used to go this way. Now it nicely goes this way. construction or at least foundational construction has begun here and next year we hope that this will become complete. So we think that's helpful. So um I won't spend too much time on this but it's been discussed that this is new and improved signage. There's always been signage. We have um in working closely with the planning um you

know staff we have quite significantly enlarged the signs. We've we think we've beautified the signs better. We think they're very strong. Um, and they are plentiful. So, this is the west side of the gate, the east side, two two of them. We have actually added um two additional crosswalks. one towards that riverfront um home area from the parking lot that was mentioned earlier and then one um that uh this one particularly goes directly from the trail head that uh was also suggested to us and we've now um implemented. There's additional um handicap access signage that is primarily relegated to the riverfront house but not just um uh in these areas but also specific to our elevator access which we also provide and maintain um for the public and that drops you down onto the boardwalk. Emergency vehicle access. This is where we've worked with the fire department to understand their concerns. We have substantially increased um the no parking areas of the street. In fact, you know, candidly, they were concerned public parking or private parking. They don't want um vehicles obviously in certain areas where there's fire hydrants. And it's just another uh matter that we worked harder on especially and including um by the um initial entryway where the gates will be. this has already been affected. Again, only one way in and one way out with BB. Um, and that really is why we're here tonight. I know it's been discussed that it's at least initially in this um

hearing that, you know, the parking may be a concern. I have to be honest with you, the parking is the lesser concern by a long shot. It is the access to the and this is a sort of if we were to close this, this will give you a feel for how the gates look. Um, go back to that one picture that that gate there. Mhm. Um, sidewalk here. Oh, okay. And this is the one piece we've got to put a sidewalk there and that is coming. It just got a little cold, so we haven't been able to

affect that. Yeah. And by the way, this was um these were not constructed. This is a near rendering. This is exactly how the fence presents and this presents. Um these actually have been taken out. Um we did so to better accommodate what we plan to do with the sidewalk. But thank you. So as I was saying um the reason why BB there's only one way in is the dead end at the east side after you travel approximately we'd like it to be uh a minute and 20 seconds. People take it faster, but at the speed limit we put take you about a minute and 20 seconds to find out. Oops, there's no way out on this side.

Little less on this side, but uh the commissioner mentioned that there is indeed another this is um Mahogany Lane PUD and that is a gate that was put uh approved as part of their PUD and that is the discontinuation here of travel for this side of the street. This is our larger concern. Um I I I understand there was a comment from uh I believe it's a riverfront house um owner who was concerned there could be more turning around in their parking. Well, you know, I we understand that that is a mixeduse area and that is a possibility, but what is a reality today is this is how people must turn around today. in all of these private driveways along the entire stretch of Bellere Lane. That is the only way to turn around. Um unless and of course this happens and this is not hyperbole. This is well documented and city staff is very aware. There are three points of additional um potential intersection with the Centennial Trail. This is one where this is through our North Homes alley which we've seen. We've actually have video of cars coming through here and reaching the trail. But more significantly, this is the second trail point. And this, in fact, you can see somebody's gone this way. And that is the Centennial Trail. That is not BB. This is BB. And this is for orientation where that would be. This is our um street and then the trail. And this is where it most significantly happens where at the east end of the street we have numerous I think we counted them there were 15 um videos that we have where you can see quite a

few different this is BB that's the trail that's the trail going in a different direction

these are other vehicles so this is you know I I know that the city's very concerned with vehicles on the trail but But primarily today, the conversations around electric vehicles that are going really fast. Well, full uh cars are much more concerning. Um and we've seen this time and time again. And uh the reason for this condition is really quite simple. They get to the end, and I think we can all extrapolate. Um most folks, and I've seen it because I live here and I see a lot of that happen. Most folks finally get to the end and they kind of do the oh and they they're kind of embarrassed, you know, that they got to the end and they're not, you know, they didn't they thought they could get out that way. They turn around um in this area. They'll turn around in the fire uh or in the fire the the turnaround um and and make their way out. And those are the nice folks and like to believe that's the majority. But there's definitely um a good amount of folks that come down and become increasingly frustrated if they haven't already turned into somebody's driveway to turn around. By the time they get down a minute, they turn around and zoom out of there. And uh you know, all I can say, I don't think anybody wants that in any neighborhood, but I you know, they're frustrated. And yes, we have signs, but people either choose not to read them or what have you. But clearly they're frustrated. Our neighborhood demographic, you know, years ago, 2018 when I didn't live on the street then, uh I understand they were talking about parking and safety concerns and drug use. Well, you know, there were only half of the homes built at that stage. It was a little wild west, more suppose. Now, we have a lot of multi-generational families on the street. We have a lot of kids as most neighborhoods do, you know, have in the street and we have just seen some some pretty near incidents on the street

in in in respect to that. I have personally seen um one of these vehicles come headtohead with a cyclist on the Centennial Trail and helped that person get off the Centennial Trail, the the vehicle. So, a lot of this has happened in our neighborhood. This is just that crosswalk that um staff had recommended that we added specifically from the Centennial Trail reaching through directly all the way to the boardwalk signage. We've seen it a lot of it. And I'm glad that this was mentioned because, you know, this is a significant resource. Obviously, we understand the history. Um, this was all the money that was available to finish off the infrastructure that was part of that Ignite fund. This was supposed to be and hopefully will be at some point a um kids soccer uh it's a small one but soccer field and this was supposed to be some sport court. But this is quite a resource of the city today. Of course, it is kept closed because it's we call it the parking lot to nowhere. But we understand that um this could be a resource and could be and you know logically if if parking was a concern and I don't know that that's really the main concern but certainly this is a tremendous resource if not for the boardwalk for the trail that the city has. Um but just to clarify this zone it is you know so we're talking we've just added in approximately over here the crosswalk because there are 10 of these entry points all the way up and down the street. So, it's not just from the trail. It's specifically if someone were to enter from the gate area, but from the Centennial Trail, there are, you know, three primary access points as well that would take you onto our street and then to the 10 access points to the boardwalk. So, um, we were asked and we agreed to do that and we were happy to,

uh, make that accommodation. Um, there is signage here. Additional signage can be improved, but you just come right around here and you can get to it and you can get over there if the if the goal again is to get to the boardwalk. I would imagine we see quite a bit of know disproportionately people coming to the trail than we do to the boardwalk. So, you know, however, um the city views it. But I think either way they'd have access uh an additional resource there. These are the um unimproved um open space areas that were uh John mentioned and we are in process of I think finally um acquiring. This is how they look today. This is the trail. This is BB over here. Sorry, this is Bellere. This is the trail. And the same from this angle here. And this is what we are excited to do next. So this is part of our 202526 Belleriv beautifification initiative. And really we've just been trying to sort through to get our hands on that property. And again, we're right there. This enables us to define our community in obviously a more beautiful way, but also for those that are on the trail for their enjoyment. We think this would be better for everybody so that they have a better definition because we have, you know, kids and others on bikes today going onto the private property flying through it. It's kind of a little chaos down there. This projects that you would of course use the the public would use the parking lot at some point. So that's what this shows and this is just another angle of it. So the two parcels are here and then the larger one here. Will take some time to get the trees that big, but that is the plan. we have

a significant um resource available and ready to do that as we conclude this and that's largely where we sit. I just have a couple more comments if you will and I'm happy to take I'm happy to take questions now but I No, go ahead. Finish your question.

Excuse me. Despite years of visible signage, speed, speed limits, and speed bumps, our street and the adjacent Centennial Trail have experienced numerous daily instances of confused or frustrated drivers turning around in private driveways or along the trail. This amendment provides a clear kids. We Okay, go ahead. Somebody out

breaking out of the library. Um, this amendment provides a clear structured solution to remedy these issues once and for all to the benefit of both our homeowners and all visitors of Belleree. Our mixeduse riverfront house area, which serves as the primary entry point to the boardwalk, remains outside of this vehicular restricted zone, ensuring smooth public access and commercial vitality for our associated businesses within those buildings. In 2024, Belleref passed the special assessment to fund the median project. I know there was some question, why are the gates there? Sort of halfans answered. Let me try to give you a better answer. There's these are much more than gates for us. This was the ability to create infrastructure we hadn't had before. We had no electrification for the street. So part of this process to build that median and to be able to do that should we ever be able to afford or want to have street lights or anything else this there. So there was quite a few steps involved in this. We have electrification. We also have a significant um camera system that has been installed and is is down there. So that was part of the first phase of this well before the gates were just put in those cameras. And we're not sitting here today saying we have a big crime issue or the rest of that. Some of this stuff was discussed and yes, there is crime. We have had a couple um incidents that fortunately with the cameras we were able to help the police within 24 hours solve a burglary that did happen at the end of our property, which was great. We would not have been able to do that without the cameras and getting the license plate. And we also unfortunately more recently had a hidden run, not a just a property hidden run and again that was solved with this. So we needed this infrastructure regardless. Um, and

it's a beautifification point and an entry and a defining area to what we think for our own benefit and the public as well to have something that says, "Hey, you're going down, you know, single family home street," not the rest of the commercial whether most of this is when people are leaving, not necessarily coming. Just to be clear, um, trying to find a way out after breakfast from Lee. Um, so we passed a special assessment. The Riverfront House Board actually requested to opt out. That's one of those five subassociations of the inclusion in the funding of the project given that they had already had their own security gate. So just for clarity, the Riverfront House has the only security gate in our community, which is to access or would be to prevent access to their driveway. we don't view these as security gates, especially given the fact that you can pass side um by each side of um the gates. And they concurred. So, um they thought it would be inconvenient and they didn't want to approve it given the fact they already had their gates and that these gates would be lesser because they would not restrict pedestrian access. And that is a letter that we received from them. Um, for the remaining 75% of our ownership, we have received overwhelming support and have achieved 100% owner participation and completion of the funding for well over a year now for all of this infrastructure that we've done. So, we believe that's an unquestionable reflection of our residents deep desire to finalize our improvements. So in closing today, our community is a thriving example of a multigenerational hub that best exemplifies the balance between residential, commercial, and public interest in Celane. Our association is fully committed to preserving this to the benefit of all those who live, work, and recreate at Bellere. This amendment will bring final

clarity to the pedestrian and vehicular access design of Belleree. It ensures the long-term viability of our private property interests while both preserving and enhancing public access to the waterfront and Centennial Trail through clearly marked, safe, and welcoming routes. Thank you. Questions, please.

Um, I'm known to drop bombs and I'm not going to do it tonight. Um, we expected this in 2018. There's three of us here that were through all of this and prior to that. We expected you to come back for these gates. You've done a heck of a sales pitch that really was irrelevant to us because we knew you were going to come back and it makes sense. And I think most people will say, "Yeah, it makes sense." But I have a challenge for you in the future and all those people who out there have their desire to do something without talking to the city and going through the processes because in 2018 we denied you because we saw that there was ongoing construction. It would get destroyed. the gates were. So we were well aware of why we said no and you your board was well aware that there was a process to go through for those gates. So for my purpose and I think most of these people here we appreciate that the city was negated from that process by building those gates. It's presumptive to say, "Oh, well, we've already done them, but now we want you to just roll over and say, "Yes, we expected this, but through process and through involvement, not after the fact, but part of the process." And it was a very vacillating progress. The sites were moving, the access points were moving. We determined where a lot of that parking ended up to allow the coffee house to happen. So we know what was happening down there and I think it behooves you and we are not a punitive body nor is our city a punitive body. We don't can't impose any kind of of you know something penalty against you. But reality is it's about respect. It boils down to you knew the process. you have engagement with the city already on

multiple fronts and yet it was your choice to go ahead and build two gates and I think for me who's been planning and zoning up north for seven years and another almost 10 here it's about respect and that's what I see but we expected you to come back we fully expected you to come back it was just like hey get done a little more and we can all sit down and do this so you've done a heck of a sales pitch and a lot of paper for something that could have probably landed on two pages and said, "Yeah, yeah, and you're willing to do all these things. We're good." So, I don't know. I I usually hold that to the end and then I bombshell everybody, but I figured I just do it now so we can just move on. I would have said, "Yes, let's do this and get done because get let start using those gates." And you don't have to prove to us that there's crime or that there's too many cars. We've heard it all. We've heard it at 2018. We heard it before that. So, even everyone coming up and telling us this over and over again, we got it. We got it. So, I that's why I'm trying to cut cut everybody off the list and say you're good. Maybe I'm wrong, but I doubt if that's the case here. We saw it coming. We knew we expected it. It was just a matter of when. And so, I don't see any problem with this at all. Um, and you've more than s sufficiently covered access, uh, friendliness, directives. you've gone overboard for what we might have imposed if we had been included. And so that's what I think bothers me because we have not seen this behavior. I have not in my time up north or down here ever before where we've got it already. Just say yes. That's not the way it works. And so this is an education for everybody. respect the formats that the city brings a great city to you every day and respect it and that's all I'm asking is respect. So thanks. That's my rant.

Thanks. I don't usually do that until the end. Go ahead. Take it away. Go ahead. Not sure I want to say anything after that. I don't know if you can actually.

Mr. Green, thank you for your presentation. Very informative, very helpful. Uh I wasn't here in 2018 so I have no idea what transpired in what I've read but it looks like there are a number of things that the association done completed faithfully and so on. I'm really impressed by the fact we actually agreed all the access to the water to the walkway. Most places I've worked people don't want strangers walking behind the house along a waterway but that's the way we are and that's perfect. Uh I do have a couple of questions. Uh, as far as entry, what do you usually keypad?

Yes, there's about three different ways to get in, but the keypad these days, you got the RFID, so cars will be able to go in much quicker. And then we have a solution for guests as well that they'll have temporary, you know, on your phone these days, you can do QR code stuff, make it very easy to get in and out fast. You're planning on young people going here, I take it. Never mind. We We've got a keypad. We can do that, too. No, I mean I was something uh Commissioner Jamtas said. I was concerned when I saw the plan about the turnaround because if we had two or three cars that know one can't get in, they don't have a code or one's a delivery and then someone's not in then they have to all back up

and that's a problem less so probably at the uh east end because there's a driveway connection right in the parking lot there. The other end is I think it's a problem because people coming in out of the out of the apartment building there and that looks like and I think there was actually a complaint from some concern raised by someone that that would interfere with their access going in and out. May I comment?

Yeah, please. Yeah, I think I I think these are all valid concerns and I think that there's no perfection of any of this other than to say that you know the street is quite wide and I'm not sure that if it's bo uh you know backing up if you will on the entry point they're on the exit point so you know maybe there's a better slide but if you follow me when you're coming in you're coming in on the right side of course of the road

versus if you were leaving it would be on the left side of the road and the left side of the road is where their driveway way would come out. So, there shouldn't be any backing out because that as soon as you walk up to that, uh, sorry, you approach the gate from the inside, you don't need to press anything, right? It just opens for you. Um, we've taken a great amount of care on that side. In fact, it cost us a bit further. You had to put a special gate in that it's a bicting gate, scissor gate. It opens in a different way. It opens up versus out. It's just we've we've been uh we even moved the gates back from the original. So there was some adjustment as to whatever was in 2018 on both sides where we you know it's a game of inches I suppose but we we continue to try to do that. So if it became a problem that you folks realize say a year from now, would it be an option to possibly open the gates from the daylight hours so anyone can get in and out and avoid because that's what most of your traffic I think would be

coming that would be not visitors but actual workmen uh repair people and so on that may not have a code. Well, my, you know, I represent the master association and my mandate is to, you know, do what I can and our board is focused on whatever is in the best interest of our community. If that becomes an issue, we will have to address that. There's no doubt. We don't anticipate that'll be an issue. And we do anticipate that although people will be, you know, maybe not finding themselves wayward down and keep going down the streets that they have a very significant turnaround. And I think if you drive down there, you'll realize before you get right up to the front of the gate that says it's closed and it doesn't look like you should go there, there's a lot of sort of cues. Turn right, turn into the uh turnaround first. I I really believe that that's what we expect to see. And if and if we are wrong, you know, I serve it.

Your problem's not ours. So, it's completely our community's issue and and and we are sensitive to it. Yeah. No, that's fine. Uh that was the only concern I had really was that how that would work when everyone in Creation has gates at their subdivisions. I see no reason to object to any of that. I have to say one thing defense of the city. I feel the application is rightly here and should be here. It's not exempt from this process. But thanks gentlemen bringing that up. But I have no problem with this at all. I just think this is a done deal. Thank you Commissioner. Thank you. Well, I don't know if it's a done deal yet, but not done deal yet. Um, I've got a we've got testimony.

I've got a question for you. On in our package, there is one, you know, some of the signs, and one of them, I believe it's right to the left of the gate that goes into Bellar. There's a little one that says not, and I applaud you for saying the public's welcome, and everybody can go down the boardwalk. And I have no idea how many people walk on that boardwalk, tell you the truth. I've gone down there because I didn't know it's there. I'm familiar with that site. But on this particular sign, it says welcome pedestrian access public boardwalk, which is great. And then right under it, it says not a through street, which is a very smaller sign. And then it says no trespassing. So it gives me a little bit of mixed mix feelings of okay, what do I do here? So I'm I'm just bringing that out. And that sign's been there for a while. And I have a picture of it. I don't know if it's there now or not there now. And then another one as we have a picture for. It's it's it's facing the street.

Mhm.

And um it happens to have another little sign underneath there. Dead end road. No turn around, but it's facing the street. Not facing anywhere towards the end of Bellere perhaps. again uh before this issue came up about a gate and I have to tell you I don't like gates. It just especially in this situation because yes the public can get there but once they see a gate especially if they see no trespassing they're going to say I can't get in there and whether they know there's a a public boardwalk or not you know all it says is pedestrian access to bell bell boardwalk. Now, if the sign said public access to river front boardwalk, something that does invite the general public, even though there's a gate there,

I might have different thoughts. But the way I look at it, it says, "Yeah, here's an access point to get down to the river to the boardwalk." Sure. My interpretation, my opinion only, it's access to the people who live there behind this gate. Could I comment on that? Sure. Soon as I'm done. Okay.

So, um, those are some of my feelings there. And I mentioned down at the east end there are very small signs. Some of it's even covered with tree limbs. You can't even see them. And I that's they're there. the other day. Um there's no other signs that I saw down there except for the one on the right again that said pedestrian access to Beller Boardwalk. And again, it's my interpretation. It's pedestrian boardwalk accessible for the people who live there. That's how I interpret it. I might be wrong, but go ahead, make your comments if you

Oh, I I have no disagreement. I I I'm not a signage expert myself. We we worked closely with the city. In fact, took guidance and if we can improve that. There's I can tell you there's no objection to it. Um a couple things. The no trespass I don't I hope is not still there, but that was supposed to be removed. So we we when we were doing that, so if it's there, we we will be removing it. We can agree to that condition as well. Relating to what we have in our package. The um that uh no turnaround I think is a secondary sign. So there is quite a visible one prior to that one that was extra extra from a long time ago. But yeah, it may be ineffective that second one, but by that stage you're already down the street a little bit, right? I agree.

So, so it's probably not helpful to any of us. Um, but I I I you know, I do live there

and I can tell you I knew there was a public boardwalk before I got there and I knew there was the Centennial Trail and my, you know, family and kids and we all enjoy that. I'm very happy. We have friends that come and meet us down for coffee and walk to we most folks if I think most folks would say not only do we know where we live but we love where we live and so it is a public private area and we just want everybody not just ourselves um but the public to know to feel welcome and to feel like they going they do you know this is this is again leip alone is probably one of the biggest drivers for our community there's no objection to if we can improve the signs. It might cost us a little extra and we'll blame Hillary. I'm just kidding. No. Um, but the truth of the matter is if there's something missing or you think something could be more welcoming, that's I think that's fair. We take that under consideration.

Well, I'm glad to hear that you're willing to work with the signs and go ahead. I There was a slide you had that showed signage. Is it Oh, if you could flip back to that, that might help us because it is hard to see in the staff report. Yeah, I think on the one that Tom was this or uh to the um one of them one that Tom was pointing out the little the not a through street no trespassing is a secondary sign at the bottom and I think if you put the gate up you wouldn't need that sign. You could just unscrew the bottom little sign or something. Is that right? It's a little white one at the bottom. So like it says welcome pedestrian access public boardwalk. If you just took off the bottom one when the gate once you have a gate that closes.

Yeah, I think it would be more welcoming to not have no trespassing below. Welcome. Keep looking at my right hand over here. Deb, she will she's my Yeah, I know. If that sign's there, it's there. If it's not there, it's not there. Whatever. I just wanted to bring that point out. But Hillary, let me ask you this question. given my statement about the verbiage on signage to make it more friendly in my opinion as I mentioned is that something we could do as a condition or how would we address that and Randy you can weigh in on this also even though the homeowner association say sure we can do that no problem or whatever and that's why I asked in the beginning who approves what signage that's acceptable

it sounds like the sign that might say No trespassing is that little white sign that's not part of the new one. So I think you could make a condition saying to remove any signs that say that and any new signs that have no trespassing language could be updated. Okay. But I think the rest of the language I mean these signs I will say is an improvement over the tiny little signs that were there before that. Yeah. And those tiny little signs I believe are down at the west end. I think I I was down there yesterday and you saw still a tiny one. They're just two little They're not as big as these. Yeah, they're just little ones I saw. But they're not Are they black or are they white with a background? Cuz those are the old ones that they're white still.

I don't I forget. I think they might have been white. It said access to the thing, but they were just little ones. And I'm not, you know, picking on that. I'm just saying if we're going to have all these new signs, great. Put them all the same. But on the the other end, not Bella Reeve, but on the other end, Mahogany Lane. Yeah. If you know, if we're going to do this and you have public access, you have the whole umbrella of what all this is supposed to be. Mhm. My suggestion would be do the same down there as you're doing on Bell Reeves, so all the signs are the same. And if you change them, however that verbiage might be, public access, river, you know, whatever, then it'll all be the same. I think that that's been the intention. And so I Yeah, I'm just Am I

pointing that out? You guys can't be everywhere at every place, I imagine. And we'll we'll check it. Yeah. Okay. Okay. That's my comment. If not, okay, you can come back later. We're going to have some people testify and hear what they say. Thank you. Appreciate it. Thank you. Appreciate your time. First person I have Joseph Lonam and he is opposed and does wish to speak. Can you hear me? Okay. No. Okay.

Joe, are you here? No. Okay. Larry Winston is opposed and he does wish to speak. Come on up. I just got to swear in. Do you your testimony you're about to give? Do you solemnly swear to tell the whole truth, nothing but the truth to help you God? I do. And your name and city you live in? Uh Larry Winston and I live at Riverfront Condo in Court Lane. Okay. Thank you for the opportunity. I appreciate it. You're quite welcome.

Um I was at the meeting here in 2018. without going back what you guys have already discussed when uh the big gate project was turned down. The primary reason it was turned down, my understanding when I was here was the public access to the boardwalk. There were a few other conditions, but that was the biggest one. And several of the commissioners, if if I read it right, did not like the fact that gates present a private property keep out scenario. Whether you can walk them around or not, when you approach gates, it looks private property keep out. It was denied then. Nothing's changed as far as uh today's hearings goes except back in 2024 I was approached by the president of the Bellere Homeowners Association regarding these gates wanting to know if our riverfront condo association of which I am the president wanted to be part of. We opted out for all the reasons that Brian Green said. Uh at the time they didn't do anything to enhance our condo complex. They did nothing to enhance safety in the neighborhood. And as a result of that, uh, Brian explained to me, well, we're putting the gates up anyhow. We opted out because they had no permits. They had no, uh, that that we knew were required or not required. They had not gone through a change of process for the PUD. At that point, we said, "We want out. We want nothing to do with it." Brian explained to me that based on legal advice he uh received, they were going to put the gates in anyhow. And when it got to this point, they were going to basically ask for forgiveness and hope that they could do whatever they needed to do to make you all happy to make this project go through. That's why we're here today. That's why all the signage was added. Unfortunately, 10 of the I'm sorry, 11 access points are supposed to be for the public to get down to the boardwalk. 10 of which will be behind closed gates and never seen by anybody anyhow. So when you pull up to the gates and you see gates closed, it and cameras pointed at you, it screams private property, do not come in, go away. That is a restriction

of public access to the boardwalk. That is against this current PUB as it stands right now. That's the way I see it. Uh also, as far as a crime problem goes, I turned in some photographs and uh and a uh two-year analysis from Coraline PD on crime on Bellar Lane. There was 99 calls for service in two years on Bellere Lane. 66 of those calls, 99 I thought was a lot actually. 66 of those calls resulted in no police action, no police report, no arrest whatsoever. The other 33 calls that were responded to by Coraline PD were predominantly fire alarms that were faulty, burglar alarms that were faulty, neighbors calling on other neighbors, that type of stuff. There was one arrest that occurred that was a result of the cameras which I think are a great idea despite my thought on the gates and uh three traffic violations that were written on Bellery plane when they got towards BB and they were on public property at that point. So there is no crime problem. There is no traffic problem. I sent some photographs over that I'm sure you'll all see about

I better hurry up about Go ahead. I sent some photographs over that you'll see about traffic up and down Beller Lane on Labor Day weekend, which is arguably one of the busiest weekends where people come to use of the river, use the lake. You can see those pictures as well as uh as I can. There is no vehicle problem. There's no boats being parked there, no trailers being parked there. Uh you can see what the average person will see when they pull up to Riverfront condos on BB Lane and they look left and look right. Where are they going to turn around when they see those gates? And they know they can't turn around near the gates, specifically on the west end. They're going to turn around on our little semi-ircular driveway in front of the condo complex, which is not designed for that. That's uh no parking. It's designed for passenger loading and unloading. And I can see nothing but people pulling through there now as people are trying to offload and reload passengers to use the commercial businesses and the residents that live there that some of which are quite elderly. They're in and out of wheelchairs. We can't have people pulling through there, turning around to get out back on the BB lane, particularly when they turn towards the west. There's no place for them to turn around except in our driveway, subtrain driveway or the turnaround in front of riverfront condos. So, all in all, cameras are a great idea. It did solve one crime problem that they had that Coraline PD were able to trace people down in. But, uh, as far as I can tell from my experience, and I have, uh, 33 years of law enforcement experience, the gates do not keep bad guys out. Bad guys find their way around gates. They keep honest people out.

That's what that's what's designed to do. Criminals always find their way around gates to do what they need to do. The one grand theft that they had, I think, was some contractor that got his tools taken because there was a construction going on in the residence at the time. Cameras would be great. The gates, in my opinion, do not belong there. Thank you. Thank you. Okay. Deb Vernon is in favor. Do not indicate whether she wants to speak. You ver come on. I just have to swear. Deb, do you slely swear and affirm that the testimony you're about to give is the whole truth, nothing but the truth? So, be glad. Yes, I do. Just state your name and city you're in.

Uh, my name is Deb Vernon and I'm on the HOA board. I wanted to direct a couple of points. Mr. Ward, you had asked how people get into the community. So, we have four options. You can touch the resident's name on the keyboard when you come up. It'll call to the house and they can either press a button on their smartphone or if they don't have a smartphone, they can press it on their landline. So, that's one way. The other is a resident, say someone's coming to do a delivery, they tell the delivery driver, "This is a number. Just press that number in and you can come in." And that's good for a one time. Or if you have family that comes every day, you can give them a code. You can give them a QR code on the smartphone. That's another good option. And then for residents only, you can have an RFID tag and that goes right inside your windshield. this tiny little thing about one inch square and we have an a reader on the right side. Do you see th those photographs? There's a little round. That's a reader. And then when you approach the gate, it opens before you get in. So, we thought about that to make certain people move in as quickly as possible so we don't have that backup because that is a concern. And then Mr. Msina, you had asked about the signage and I got to confess here that was my fault. I'm sorry. When we put that sign in on page 21,

I didn't realize they didn't take that off. So, that's my fault. Originally, on that photograph on on page 21 was one of those big signs saying residents and authorized guest only when we switched it out with that black and silver welcome sign.

We forgot to take that off. So, I'll I'll take the heat on that one. On the on those that black sign on the west end, we used to have those tiny little signs. So, we replaced it with that. They are not as big. They're 12 by8. And the reason why we went with the 12 by8 and we checked with Hillary is because those are mounted on post about so high wood post. And that way we can mount them right here because we could not mount those big signs up there.

And we have to be careful too with costs because that big sign which is 24 by 48 is $450. So it's not just a matter of oh yeah we can just keep replacing that. So the signs now on the west side even though they're not as big stand about so high and then the signs on top of that. So when a pedestrian comes up, it's pretty much in your face, so you should be able to see it. And then you mentioned about the vegetation. I went over there myself personally cuz I didn't want to wait to the landscapers, took my pruners, and pruned it back. So I'll take the heat on that one cuz that's my fault. Proactive. Yeah. Okay. Thank you.

I do want to say something about Larry, too. He said the there's there's a turnaround in front of Riverfront House and it's two lanes wide and it's thick contra concrete. The surface is in good condition and that's where the trucks come in to unload for the commercial. That's what it was designed for. And too often people just sit there and ignore the unloading signs. So there it they could probably give out a few tickets to tell them to move on. Thank you.

Thank you. Nick Barroski is in favor and does wish to speak. Nick, um, do you sly swear and affirm that testimony you're about to give is the whole truth, nothing but the truth to help you God. I do. State your name and address. Uh, I'm not address, the city you live in. Sorry.

Sure. My name is Nick Veroski Cordelane. Um I own and reside at 1645 West Belleref Lane. Um the Bellere that's the Belleref north edition or fifth edition where the row of homes of the front doors right on uh the street. Our patio was about 10 ft from the curb of Bellere Lane and we spend a lot of time uh on our patio mornings through late evenings, weather permitting, and sometimes when we shouldn't be out there in certain weather, but I get a front row seat to the activities on the street. Bellery Lane is a private street. The owners alone are responsible for the maintenance and costs, including resurfacing when that is required. That will be a significant expense. One way can we can reduce that cost is by reducing the nonresident use of vehicular use of the street. Safety of our residents is a key responsibility of our board and the management of the Bellere owners association. Statistically fewer vehicles equates to lower risk of accidents. This includes lower risk of resident to resident vehicles entering the street. Lower risk to children playing in the driveways along the street when balls etc. escape into the street and lower risk to resident children and adults riding bicycles on our street. The gates will reduce the incidence of drivers entering Bellere Lane, traveling east, then finding there's no exit. Although we have signage stating not a through street and no turnaround, we know people still drive down Belleriv Lane with no identifiable purpose. We see that as we sit out on our patio. Then they find there is no exit. turn around often ignore the 15 mph posted speed and they speed back through the neighborhood to BB Boulevard. Um, I used to video the speeders in the summer if I were out on my patio. Young drivers especially often

ignore the summer speed bumps. Also, some vehicles exit Beller Lane by entering onto the Centennial Trail, as have been noted by Brian. Uh, you've been provided videos with vehicles on the trail in the past. The pedestrian public is not restricted from entering our community. The sidewalks will not be affected by the gates. In fact, we post signs to notify the public they have access to Bellerey Boardwalk on the river. There are 10 public access points from Bellere Lane. The primary access being between Leip and Terza restaurants and the far east end right off the Centennial Trail. We even provide temporary public mortgage at the HOA maintained docks on the Spokane River in front of the restaurants. There's no substantial There's also substantial public vehicle parking on both sides of BB Boulevard on Bellere Lane for visitors to access the main entry steps to the boardwalk. The gates are a matter of expense control for our responsible owners and enhanced safety for our children and adult residents along the entirety of Belleree Lane. They are common sense to alleviate illegal access onto the Centennial Trail at the East End. I urge you to please approve the requested modification to the B uh Bellery PUD and allow us to begin their operation. Thank you.

Thank you. Uh, Ben Weaver is in favor and does not wish to testify. Uh, Jim Vans Sky is in favor and Jim, you do want to testify. Come on up. Just going to swear in. Do you solemnly swear and affirm that the testimony you're about to give is the whole truth, nothing but the truth. I help you God. Yes, sir, I do. Thank you. You just state your name, city you live in, Jim. Jim Vans Sky, live in Celane. Great room. Go ahead. With respect to the lady commissioner, thank you.

You're welcome. You cut to the chase and that's very refreshing. I've been known to talk out of sight. Well, you spoke well and it's appreciated as as with the rest of the commissioners. I was going to testify similar to what people have already said.

I don't think that the redundancy is necessary or would be very much appreciated. I would just offer one item uh in contrast to the gentleman that said that there is not a traffic issue or a safety issue on the street. On Sunday morning, I was getting ready to leave from my residence, which is 1774 West Beller Lane. I was in my driveway getting ready to pull out when a little black car went down the street from the west to the east at at least 50 m an hour.

Now, I'm aware and I was not at risk, but if that was a child on a bicycle, if that was a visitor unfamiliar with the neighborhood that might have been out for a stroll, they could have been at greater peril. They did go down to the end, which I was curious. So, I just kind of took a little casually drive down there. And they were sitting alongside the road, aimed back towards the west. As I got down there, they took off at full speed again. Not that I chased them. I didn't want to increase any risk, but that does exist. And that was Sunday. and I have video and photos and all of that kind of stuff to substantiate it, but I'm sure you get the gest. So, in order to be respectful and brief in lie of any further redundancy, that's that's my testimony.

Any questions? No. Thank you. Thank you. Okay. My appreciation, Rick Hartek is in favor and does not wish to speak. Karen Schmer. All right, Karen, do you solemnly swear and affirm that the testimony you're about to give is the whole truth, nothing but the truth. Help you. Yes, I do.

And just state your name and say again, I don't want to repeat what other people have said about I am in favor of it. I was at the meeting in 2018 and I appreciate everything that's been done. Um, the electrical was for the street lights. I'm I'm waiting for that. Uh, because my safety is of concern and there are no street lights. I appreciate the cameras now and I'll appreciate the gate when the gates able to be opened and closed. I personally love the public boardwalk, especially during COVID. It was nice to see people walking by and enjoying the waterways. So, I like the public having access. They do have the main access and then they have uh every four houses I believe it is. My personal house doesn't have access to the boardwalk. However, my safety is a concern because some people do trespass and use my my uh stairs to go down to the boardwalk. And in one incident, um I had two men come through my the the in between the two houses, enter my home through my master bedroom door. My dog started barking. I started shaking. And I said, "What the hell are you doing in my house?" And they said, "We're here to fix your fireplace." I said, "I don't have a fireplace that needs fixing. Get the hell out of my house." They came around to the front. They showed me the work order. It was somebody else's name with my address. So, no trespassing my property, but otherwise I am in favor of the public

using the boardwalk and I love seeing them down there. Appreciate your time. Thank you. Tim Lupin uh is in favor didn't indicate if you wanted to speak. Um, she Michelle Wood is opposed and does want to speak. Oh, Michael. Michael be Michael. Michelle. Michael. Sorry. No, it's okay. That's okay. Begin. Sorry. Uh, do you solemnly swear and affirm that the testimony you're about to give is the whole truth, nothing but the truth. So, I help you God. I do. State your name in the city you live in, please.

My name is Mitchell Wood. I live in Celane. And I come, although I'm opposed, I come as a friend and who's someone who appreciates everything I heard and I actually learned a lot about things that I was concerned about. Some of my questions were answered. But I go to Chairman Msina primarily. I'm the same way. I have a master of architecture degree from Georgia Tech. I study urban planning and I can tell you gates are never usually the solution to problems. They're not because they do exactly what uh excuse me, our president of HOA says. They it automatically creates a psychological barrier to what we have in Bellereas is a mixeduse commercial residential but you're going to face I'm sorry a commercial and a residential

and a variety of residential typologies and a commercial a vibrant commercial sector down there that's a mixeduse development whether the pod calls it in your planning it is a mixeduse uh development by putting gates there not only does it cause problems with commercial owners during the day what we worry about people could be able to get in and out. Um, but it is that psychological barrier that says, "Hey, this is exclusive." So, the waterfront is now exclusive uh rather than the waterfront is welcome. But I'm hoping that there is a way we can find a a way where the needs and the concerns which are completely valid of the residents of Bellere Lane. My suggestion, if I may offer a condition, is uh Commissioner Ward's suggestion. Is it possible? Would you consider having the gates open just like a park during sunlight hours and then when it's dark uh you have the gates closed? I don't know if that'll alleviate the the street issues. Uh I live downtown and there's always problems with people on the street. People risk, you know, kids on the street. That's a common thing with the street, private or public. It's a problem we all have with streets. Um, but in terms of the problems we have with people backing up, uh, the problem with our roundabout at Riverfront House, all those things might be alleviated when it's the most busy. I don't know why I'm having a hard time talking, but when it's most busy, if the gates were just to be allowed open during those days, that's just a potential compromise. Uh, and that's really my only opposition. So, thank you.

Thank you. Mhm. Casey Price is in favor and does.

Uh, Casey, do you solemnly swear and affirm that the testimony you're about to give is the whole truth, nothing but the truth? Help you God. I do. Name and city you live in, please.

Casey Price, Cordelane. I live on Bell Reef. Uh, I have four boys and uh, the speed on the street's a real thing. I've probably chased down a couple dozen cars where I've, you know, slowed them down from going 50 miles an hour when my kids are out riding bikes or playing in the driveway throwing the ball. Uh, tonight I wish I were at home. I've got 16 7th grade boys at my house. Barbecued chicken for him before I left and then came down here cuz this is priority, but we're hosting a basketball dinner. There's no lights on our street and it just it is a safety issue. And so that's where even hearing, "Hey, what if we left the gates open during the day, we get so much speeding, it is a long straightaway." So I love I'm social. I love having people come down to the boardwalk. I tell people about the boardwalk. I chat it up with fishermen. I love that it's a mixeduse space, but um just with having kids, with hosting, with the safety issue, um I'm far more concerned about a car going 40, 50 mi down the street trying to find their way out more than I am someone putting their car in reverse and slowly backing up to turn around. So, uh one definitely feels like more of a safety risk and concern to me. So, I appreciate you guys considering it and uh thanks for your time.

Thank you. Uh I have no one else signed up at this particular point. If anyone is here that wishes to speak before I have the applicant to come back to address anything that we spoke about. Yeah, you can come back up. Yeah. Okay. Come on back up. Yeah.

Thank you. Real quickly, I just, you know, um, one, I appre I appreciate the comments from anybody who obviously is a fellow homeowner, uh, within Bellere, but I understand that we've had a couple, um, comments that were not favorable. That's basically the only comments I've ever heard that are not favorable. And I just appreciate the fact and I would ask, you know, my fellow constituents here that the very things that they're, you know, suggesting could be a problem, people turning around in the commercial zone and all of this, um, what have you, is is obviously what our condition has been on the greater uh, the other, you know, nearly 80% of the property. Um, and so I won't I won't repeat it. I I you know I I I do like Larry personally. We've had nice conversations over time. It's a slight I I feel uncomfortable that I he said that I told him we were going to do it anyway because I can tell you I didn't say it like that. That would not be what I said. I I told him we were going forward with our medium project and as I shared we had several stages of that to get to this point. Um but more importantly, as I said in my presentation, the architect of the entire commercial um got an eyelash in my eye of the um riverfront house, the two buildings has made it very clear that that was exactly what it was designed to do. And we consulted with the architect to make sure that where we were positioning the gates would also uh further that. So, um, uh, although I'm uncomfortable making the condition or agreeing to a condition to leave gates open during the day or what have you, I think it was a very fair, um, and remains a very fair topic to suggest that if indeed we experience the fear of some of these things happening where we have a traffic issue, well, we certainly then can do that and we will do that on

behalf of our association and and the the greater interest. We do not anticipate that and we have been spending a ton of time trying to prevent any of these ancillary things. But we understand we cannot uh always satisfy everybody but we do have a overwhelming um you know majority of uh of homeowners. In fact, I I think you know outside of today, we've had probably 15 board meetings since I've been president over the last three years. And I've never had anybody attend the meeting going, "We don't want this." And we didn't have, you know, we were fully funded for our uh special assessment without any sort of resistance. Um so I thank you. I thank everybody for all of your thoughtful questions and time this evening. Thank you.

Okay. Any last questions? Go ahead. A question for you. Um, if this were to uh after discussion and deliberation, if this were to go in the approval direction, how would you be um amendable to a 13th condition? uh not that talks about the hours of the gate or the daylight, but a 13th condition that simply says remove the no trespassing signs and take action to ensure that all welcome welcoming signage is consistent. I had something is that you got something?

I had something similar to John's. Um on the so on the one it was the not a through street no trespassing and those can just be unscrewed on those signs. Um and I think not necessary when you have a gate probably. Um and there's another one that's dead end no turnaround. I I guess that one's probably fine. But I was wondering and I don't remember the color. Maybe maybe John or Hillary could help me. But you know like the public landmark type signs that are familiar, right? like a city park and it's green with white writing with a little white border, you know, like that. So, if there was in place of those underneath that familiar landmark classic color, it's green or brown, I can't remember. Um, that would say public boardwalk and screw that right underneath

so that it looks familiar to the public that that's a public space cuz you see those all all over, you know, like different places in town. and just something small right underneath that is like a cuz I I think the the black and the silver is very like neutral and pretty, but it it doesn't really get your eye to like read that if you're not headed that direction, but something of a familiar nature, like a little public boardwalk sign. Yeah. Um I think you could probably purchase them pretty easily through vendor. Um,

I think where you're going is you got the uniform manual of highway traffic MUTCD manual of uniform traffic control devices or whatnot. Chris Boseley Bos Booseley was here. He tell you all about it. But, you know, interstate, you know, exit signs are green. Blue shows certain things, you know, and then I think, you know, when you come into Celane, it says, you know, the chamber or what? It's actually brown. Is it brown? green and brown. I couldn't remember. So, she has some you have something like that in mind- which is a uniform. It's it's it's got it. Yeah.

Just like underneath it just just just the words like public boardwalk and then they can look up and read the rules and the little fine print. But of familiar nature that might cuz I do think I do agree you have just a couple before you get to the gate and the rest of them are behind the gate, right? So the the landmark color sign and just a little one that maybe it replaces the no trespassing. So maybe a suggestion. The no trespassing I think we're more than agreement on and and yeah,

as I said earlier, we sort of kind of deferred to the city staff to help us with that. And if that's something that work on I see I see the value candidly in what you're expressing. You're right. A a beautiful black and silver sign, no matter how much bigger it is, may still feel like that's more private and something else. I think, you know, like the same look as the speed limit, like you want them to be the ones that Oh, I normally see those around, you know. So,

yeah, I I have no objection to that, but I'd like to collaborate with the city planning. I think we could probably say it in in the words of in collaboration with the city of a a sign of familiar nature, you know, like something like that. Um that I would agree with that condition. I think it might balance the two out. Um and um is probably pretty easy to accomplish. So

would that be a time-sensitive matter when these signs should be put up regardless of I'm not sure how this I have a feeling how this is going to go, but um would you want to add anything to that? And we can have that in discussion. At this point, let's you know, we heard from the applicant and they're willing to work with whatever makes things happen. Put it that way. So, there's no more question to the applicant. I close. Thank you. I'm going to close public testimony. Bring it for further discussion on the commission. Uh, since I've been talking, I would say I think that's, you know, great what I've heard about maybe new signage and maybe, you know, make sure the signs get up by certain time and place because the gates are there and all they have to do right now is plug it in. I am going to start by saying I am again not in favor of gates. I hear what everyone's saying. I understand what the concerns are of the neighborhood and I'm not I don't have concerns about the backing up at the sign or getting around or agree there's plenty of space to do what you have to do. Um uh I think you did a great job with some of the signs and finishing all the other landscaping and things. I think it's a sounds like it's a good HOA and that they're willing to do this. But Gates to me in this particular sense, even though there might be signs, I can't support this and that's my personal opinion. Um, but I just think gates just say don't come in and that's not something I want for the public access to that boardwalk at this point. That being said, further discussion, go right ahead, John. So, I I felt that way and I voted no in 2018 and and I uh sort of was tipping that way a little bit actually up to

showtime, you know, after just having the packet alone without all of this. And I I think taking all that in and having questions I brought a answered um you know I think things have changed since 2018 on the ground. I've seen some clarity and whatnot and I I come back to the question and I asked it earlier whether there and I think it's a fact if in the worksheet there ought to be a fact A15 that says there's no public entitlement to park on Beller Ree Lane and I needed to understand that going way back to the original PUD. So why why have people drive there

just to go to the end and then get confused and lost and frustrated and go down the Centennial Trail or whatever they do. So there's really no reason for people to go go down there. Um you know they can't get closer to the access point by parking the car. So they got to park in one of these lots. I'd really like to see, you know, the sit the city, sorry, uh, Monty and and maybe I don't think it's the HOA's burden, but I'd really like to see that ignite lot that was added somehow enhanced with I I don't see a pathway there that's really done nicely or whatnot. I think that's an opportunity this maybe the city could take could take on. But I I applaud uh the efforts uh to, you know, enhance the welcoming signage and and whatnot and step up, make sure the lift thing works and and I I applaud the the owners out there that I I'm encouraged, you know, I've seen places in Southern California. I've visited many times. lived in Cal lived in San Diego for four years, but Pacific Beach and whatnot where you know there's that big boardwalk or walkway between the the nice house and the and whatnot and the public they they welcome. It's good to hear that the you welcome the public, even me uh coming by maybe or something like that. That's uh but I think this is about reducing conflicts, you know, and I I think I I'm not really wild about the the gate idea either, but I think uh there's enough good in reducing conflicts. Uh and this is all about I think really a balance of private property protection and uh you know balancing that with you know uh public access and enhancing that access and uh the fact that you've

agreed to 12 and perhaps a crafted uh 13th condition that I don't think is too overwhelming but some of those 12 are pretty teethy for example, uh having an annual review, you know, with the city. And I think that is an opportunity to plan, do, check, act, and uh you know, if something needs to tune up a year, two years from now, uh uh I think that's a good condition. So, I think you've you've you've done a lot diff uh differently than 2018. I agree with Commissioner Fleming that you know but that's that you know and here we are going forward from here. So

further discussion if not a motion are you doing nothing? Okay I'll move approval of the application. Excuse me. I'll move approval of the application. Oh we got to do a bindings. We got motion. All right.

I'll make a motion. I don't love gates either, but I think you've proven your case. And speeding in this city in residential areas is a problem. I, you know, I see it on my street every day. Very dangerous and you can only go mama mia, you know. Anyway, um, so let's help you. Let's get this thing sorted and you've proved your case. So, this matter came before the planning and zoning commission on November 12th, 2025 to consider PUD 1-04 M.7, a request to approve amendment number 7 to the Believe Planned Unit development, PUD, to allow two gates along Bell Reeve Lane, a private street. The applicant is the Belleree Homeowners Association. The owner is Believe Homeowners Association. location, Bell Reef, Private Road, blah blah blah blah blah, all that addition stuff. Um, and findings of fact, sorry, it's getting late. Um, findings of fact, uh, we have met all the A1, which was public notification, uh, publica publication in the newspapers, etc. Um, the bell rave is the subject of this PUD amendment. A neighborhood which was approved as a PUD project in 2005 includes single family homes, mixeduse condo, building, residential units, restaurants, etc. Um, Believe is bound by the Spokane River to the south, Riverstone to the north, the Union to the north, and Mahogany Lane. Um, Bel HOA is requesting two gates on Believe Lane to the east and west of BB Boulevard, and this amendment PUD1-04M7. The gates would be located at the private road which is platted as Bell Reef private road AI 301804 and Belief first edition track B AIN 314920 encompassing an area that is plus or

minus.24 acres. The HOA requested gates at the same location in 2018 through a PUD amendment following a public hearing. The gates were denied without prejudice by the planning and zoning commissioner and it did not move on to city. Um the council will in fact meet on this. Will the next meeting be the next review? How long? Well, this does not go to city council. It doesn't. We're good.

Unless it's appeals home run. Okay, good. One last step in the ladder. They have already made improvements to ensure public access to the boardwalk and are agreeable to the recommended conditions of approval for this PUD. Um we have the condition the commission finds the following comprehensive plans, goals and objectives applicable to the PUD amendment request. Uh goal C1 which we maintains a high quality of life for residents and businesses that make Cordelane a great place to live. They've maintained a friendly and welcoming atmosphere and the small town feel. Um, I find that objective ER 2.3, you've encouraged and maintained public access to the river and to walking and biking areas adjacent. Um, and objective GD 1.4, you've increased pedestrian walkability and access with commercial development, and you've increased physical and visual access to the lakes and rivers. This city had very little public access, and we have established that. Um, you know, so much of our area was privatized. It was either the college was it or that was it. So, this has really opened up a window uh to our river that was not previously there. Um, ensure appropriate high-quality infrastructure to accommodate community needs and future growth. Um, through objective GD 2.1, you've ensured appropriate high-quality infrastructure. Um so finally uh using the surrounding A8 uses us uses surrounding Bel Reef include other residential areas. The request for gates would preserve pedestrian access to the boardwalk and would not change other aspects of the project. Uh it maintains ADA access and bike wraps as well. A9 the gates would be located on Belief Lane private street. Um the city departments have all weighed in and uh codes have all been met. uh A11 the open space in Bel Reeve would not be reduced with this PUB amendment and would be maintained and

established that the additional signage and pedestrian as already installed predominantly with a few tweaks um will also maintain uh open space uh access and visibility. Uh let's flip over to the conclusions of law. uh conclusions of the law based on the foregone findings of fact the planning is sorry did you want to add that additional finding that was proposed yes pardon me oh we're going to put that aren't we put down here are we going to put on 15 is that the one you wanted to clarify then no public entitlement to park on Bel Lane

oh I I threw that out in my dis in my deliberate discussion I just suggested we should have an A15 I I think it's important to recognize that there's no public entitlement to park on Bellar. Yeah. So everything on the decision, the recommended conditions are from fire, there's four of those, water, waste water, two of those. Then we drop down to streets and engineering planning. And those carry through through parks and recreation, 12, and then 13, the condition is to remove no trespassing signs and make them very visibly um open to the public access. Are we? And we were good with that. I didn't hear any push back on that.

Um I Yeah. And do we have So do we have a 13? Is that what is the It's a 13 condition. Remove no trespassing signs, right? And I would um recommend like enhancing that by putting a public boardwalk landmark type sign. I think we're confusing the conditions with the fact I think where where Hillary weighed in. She said, you know, since it was thrown out that we may just include as a fact fact in as an A15 adding a fact that simply says there is no public entitlement to park on Bella Reef Lane. Okay. Are you okay with including that motion?

Yeah. A15. No public. Sorry to interrupt you. Bill, no entitlement to park. Thank you.

Entitlement. Okay. Yeah. We'll move to the other part. Okay. Conclusions of law. Based on the foregoing findings of fact, the planning and zoning commission makes the following conclusions of law. B1, this proposal is in conformance with the comprehensive plan goals, objectives, and future land use ma map place type. B2, the design and planning of the site is compatible with location setting and existing uses on adjacent properties. B3, the proposal is compatible with natural features of the site and adjoining properties. B4. The location design and size of the proposal are such that the de development will be adequately served by existing public facilities and services. B5. The proposal does provide adequate private common open space area as determined by the commission. No less than 10% of gross land area free of buildings, streets, driveways, or parking areas. Common open space shall be accessible to all users and the development and usable for open space and recreational purposes. B6, off- streetet parking does provide parking sufficient for users of the development. B7 that the proposal does provide for an acceptable method for the perpetual maintenance of all property and that in finality the planning and zoning commission pursuant to the foregoing findings of fact and conclusions of law has discern determined that the requested PUD amendment does comply with required evaluation and should be approved um with the following recommendations fire 1 through 4 water and wastewater. Does anyone want me to read this out?

Um, please. No. But can I clarify please for the waste water and water condition that needs to also include police. Police also needs the gated access code. Yes. So that would be the number six. Should we add that on point? Oh, no. That's not No, it's number five. That would not be there. That would number five

be number five, right? Yeah. um under waste water and wastewater. The water and wastewater departments as well as the uh police department requires the 30-foot combined easement for water and wastewater. In addition, both departments must have 247 access through the gate using a secure access code to repair, read, and maintain infrastructure as needed. Um and then no change to the HOA streets and engineering add the missing section of sidewalk which you've already said is uh to be done and that um planning um to install the trail connection to the Centennial Trail at the midway point aligning with the public access connection to the boardwalk. Um, and finally, we would like to add a 13th condition, which is to remove the no trespassing signs, which you've already said you will. Little screwdriver, probably a Phillips head. Um, and then, um, the final uh thing is to enhance the accessibility of signage and possibly more visually appealing or con I don't know what park signage.

I don't want to do it. I just want you guys to do it. Um anyway uh and finally that we are making a motion to approve uh the above with those notations with those conditions. Um anything I Tom had said that do we want to put all of this would be completed by the time the gates are on including the signage rightates are that's up to you. Well, no. I mean active active. You you you can put a condition as far as the the time if you'd like to have these new signs up working with the city. You can do we need to clarify it. That's all I'm asking.

Yeah. Do some clarification as far as if you want a timeline on when these signs should be up because I would imagine these gates are going to be functional by tomorrow morning. Um perhaps I guess I think it's um reasonable to have all the conditions met by the time they're active. Um there's a lot of places you could order signs relatively the signage. So I guess the tricky part some of the conditions that are included in here can't be done just with the weather for like the pavement and some things like that. So can't say all the conditions and the open space. They're trying to work through the legal issue with the but the conditions as far as giving police access and the electronic those need to

met and then obviously they need the knocks. They need fire to weigh in and approve that before they can function. Um this condition 12 the city has to work with them on that design. So that one might hold them up a little bit and there's already an existing sign at the far east end showing the access points. But um 13 probably be easy to remove the no trespassing and then get those landmark enhanced things you're talking about potentially. So have all conditions met that are not weather dependent prior to well one one had to do with legal research and what yeah legal research. So I don't know I don't know the best way to or do we not need to put that on there but um

I think they've gone out of their way to meet all of this. I think we have to trust them to do the right thing this time. Yeah. No, I'm just saying we need to Do we need to clarify that and recognize there's a there's a condition that requires this annual review that that I think is got a standard. So I think we've done enough at least in a year from now we ought to have the brown sign or it'll tick the boxes I'm sure. So okay. Okay. I have a motion for approval. Uh and I need a second if anyone did a second. I second the motion.

I have a second. I I have a second and any further discussion. Okay, let's have roll call. Les, yes. Jamas, yes. Ward, yes. Fleming, yes. McCracken, yes. Msina, no. Okay, motion passes. Congratulations. Best of luck to you. Okay, there's no further discussion. I make a motion to adjurnn. Motion to adjurnn. I have a first and many seconds. You got them both. First and second.

Second favor. Unanimous. Yes. All in favor? Yes. To do this show. Thank you. Is there a way to adjust these heat?