2019, 09-26 Agenda Packet S11 'ane
Valle K
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Spokane Valley Planning Commission
Regular Meeting Agenda
City Hall Council Chambers, 10210 E. Sprague Ave.
September 26, 2019 6:00 p.m.
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. APPROVAL OF AGENDA
V. APPROVAL OF MINUTES: August 8, 2019
VI. COMMISSION REPORTS
VII. ADMINISTRATIVE REPORT
VIII. PUBLIC COMMENT: On any subject which is not on the agenda.
IX. COMMISSION BUSINESS:
i. Discussion, SVMC 22.70.020 Fencing: allowable heights in
residential areas, fencing when property elevations differ
ii. Discussion, SVMC 22.110.080 Signs: aesthetic corridors
iii. Discussion, Update Planning Commission Rules of Procedure
X. FOR THE GOOD OF THE ORDER
XI. ADJOURNMENT
Regular Meeting Minutes
Spokane Valley Planning Commission
Council Chambers —City Hall
August 8,2019
I. Chair Johnson called the meeting to order at 6:00 p.m.
II. Commissioners, staff and audience stood for the pledge of allegiance.
III. Office Assistant Robin Hutchins called roll and the following members and staff were present:
James Johnson Jenny Nickerson, Building Official
Danielle Kaschmitter Erik Lamb, Deputy City Attorney
Timothy Kelley Karen Kendall, Planner
Robert McKinley
Raymond Friend
Michelle Rasmussen
Matt Walton Deanna Horton, Administrative Assistant
IV. AGENDA: Commissioner Walton moved to approve the August 8, 2019 agenda as written.
There was no discussion. The vote on the motion was seven in favor, zero opposed, and the
motion passed.
V. MINUTES: Commissioner Kaschmitter moved to approve the July 25, 2019 minutes as
written. There was no discussion. The vote on the motion was seven in favor, zero opposed,
and the motion passed.
VI. COMMISSION REPORTS: There were no commission reports
VII. ADMINISTRATIVE REPORT: There was no administrative report.
VIII. PUBLIC COMMENT: On any subject which is not on the agenda.
Barb Howard, Spokane Valley: Ms. Howard stated she was enjoying attending Planning
Commission meetings.
IX. COMMISSION BUSINESS:
i. Findings of Fact: STV-2019-0003, a privately initiated street vacation of
Broadway Avenue.
Planner Karen Kendall explained to the Commissioners the findings of fact had been
drafted to reflect the decision of the Commission regarding the street vacation correcting
an error located at the corner of Broadway Avenue and Thierman Road. Several
Commissioners thanked Commissioner Kelley for his diligent work regarding the street
vacation.
The vote on the motion was seven in favor, zero opposed, and the motion passed.
X. GOOD OF THE ORDER: Commissioner McKinley stated he would not be able to attend the
next meeting, August 22, 2019. Commissioner Walton commented on the election cycle and
how this is a great way to participate in the community. He felt it was nice to see so many
people participate in the primaries. Commissioner Johnson shared the middle class is the most
powerful in America. It can change society with a dollar and with a vote. He felt it was a good
turn out for a primary and has hopes for the general election.
07-25-2019 Planning Commission Minutes Page 2 of 2
XI. ADJOURNMENT: Commissioner Friend moved to adjourn the meeting at 6:10 p.m.
The vote on the motion was unamious and the motion passed.
James Johnson, Chairman Date signed
Robin Hutchins, Secretary
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: September 26, 2019
Item: Check all that apply nold business n new business n public hearing
n information Fl study session n pending legislation
FILE NUMBER: N/A
AGENDA ITEM TITLE: 22.70.020 Fencing
DESCRIPTION OF PROPOSAL: Staff has identified issues with existing fencing regulations,
and specifically how they work in determining or in some cases precluding allowable height of
fences separating properties with differing grade elevations in the residential zones.
Current regulations require fence height be measured from the lowest finished grade elevation
within 6 feet of the fence (measured horizontally from the fence line). The minimum side yard in
the residential zoning district is 5 feet which means that, where homes are developed on sloping
lots,it is common for a retaining wall to be constructed at the property line and,because the height
of the retaining wall contributes to the allowed height of a fence, neighboring property owners do
not have the opportunity to construct a fence which provides the typical degree of privacy common
in a neighborhood with lesser elevation differences between lots.
By allowing a fence to be measured from the finished grade elevation immediately adjacent to the
fence (as opposed to including a retaining wall or lower elevation of a slope), developers would
have the opportunity to erect a fence using standard construction methods. However, this would
also render the need to allow a fence of taller than 6 feet unnecessary in the residential zones.
Non-standard installations, such as fences associated with permitted non-residential uses in the
residential zoning districts, could be addressed with language similar to SVMC 22.70.040 (C)
General Landscaping. For instance, "The City Manager or designee may approve modifications
to the allowed height of fencing when associated with a permitted non-residential use in a
residential zoning district. "
Staff is seeking input from Planning Commission on possible amendments.
GOVERNING LEGISLATION: 22.70.020 Fencing
BACKGROUND:
1. SVMC 22.70.020 (B) restricts fences on properties in the residential zones to a total of 8
feet in height.
2. SVMC 22.70.020 (D)dictates that the fence height be measured from the base of the fence,
except as provided in SVMC 22.70.020 (E).
3. SVMC 22.70.020 (E) requires that the height of a fence separating properties of different
elevations be measured from the lowest finished grade elevation within 6' of the fence.
RECOMMENDED ACTION OR MOTION: No action required; discussion item only.
STAFF CONTACT: Jenny Nickerson, Building Official
ATTACHMENTS:
1. Existing SVMC 22.70.020 (A) through (E).
RPCA Study Session for CTA-2017-0003 Page 1 of 2
22.70.020 Fencing. SHARE
A. In residential zoning districts, the height of a fence within the front yard shall be:
1. Thirty-six inches or less for sight-obstructing fences; or
2. Forty-eight inches or less for non-sight-obstructing fences, such as chain link fences.
B. In residential zoning districts, fences shall not exceed eight feet in height when located on a flanking,
side, or rear yard behind the minimum required front yard setback line. Lots with double street frontage may
have a fence on the property line not used as the main point of access (the apparent rear yard).
C. In nonresidential zoning districts, fences shall not exceed eight feet in height without a conditional use
permit except as provided in SVMC 22.70.020(1).
D. The height of a fence shall be measured from the base of the fence, except as provided in
SVMC 22.70.020(E).
E. Where the elevation of the finished grade within six feet of the fence differs from one side of the fence to
the other (as when a fence is placed at the top of a slope or a retaining wall), the height shall be measured
from the side with the lowest finished grade elevation.
RPCA Study Session for CTA-2017-0003 Page 2 of 2
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: September 26, 2019
Item: Check all that apply n old business n new business npublic hearing
FI information n study session n pending legislation
FILE NUMBER: Not assigned.
AGENDA ITEM TITLE: 22.110.080 Aesthetic corridors
DESCRIPTION OF PROPOSAL: Discuss the sign regulations along the aesthetic corridor.
GOVERNING LEGISLATION: SVMC 17.80.150, SVMC 19.30.040 and RCW 36.70A.106
BACKGROUND: Since incorporation the City has regulated signage along designated aesthetic
corridors. In 2003, the City adopted Spokane County's regulations as the City's interim regulations by
Ordinance No. 53. The interim code allowed freestanding signs up to a height of weight feet, with an
area ranging from 32 - 90 square feet within the office and commercial zones along the designated
aesthetic corridor. In 2007 the City adopted the Uniform Development Code by Ordinance 07-015 which
generally replicated the signage requirements along the aesthetic corridor, but modified the areas
categorized as an aesthetic corridor, and added a specific reference in the code that only monument signs
shall be allowed along the corridor. Although signage regulations have been modified since that time,the
regulations affecting the aesthetic corridors have remained the same.
At this time, only monument signs are allowed on properties in the aesthetic corridor, and thus, even wall
signs are prohibited. Staff believes that a change may be appropriate to allow wall signs within the
aesthetic corridors. The issues that gave rise to the limitations have largely been addressed and staff
believes the modification in 2007 is overbroad at this time. Staff will discuss the regulations as they exist
and discuss the desired code change.
RECOMMENDED ACTION OR MOTION: No action recommended at this time. This item is for
discussion purposes only.
STAFF CONTACT: Lori Barlow, AICP, Senior Planner.
ATTACHMENTS:
1. SVMC 22.110.180
2. Presentation
RPCA Information item—Aesthetic Corridor Signage Regulations Page 1 of 1
22.110.080 Aesthetic corridors.
A. The standards applicable to monument signs shown on Table 22.110-1 shall apply to parcels
adjacent to aesthetic corridors designated in the Spokane Valley Comprehensive Plan:
1. State Route 27 (16th Avenue south to City limits);
2. State Route 27 (Mansfield Avenue to Trent Avenue);
3. Appleway Boulevard (south side only from Park Road to Dishman Mica Road);
4. Appleway Avenue (Barker Road to Hodges Road);
5. Dishman Mica Road(8th Avenue south to City limits);
6. 32nd Avenue within the City limits;
7. Mirabeau Parkway (Pines Road to Indiana Avenue).
B. Only monument signs as shown on Table 22.110-1 shall be allowed with designated aesthetic
corridors.
s1j'o' s
j�alley
•
AESTHETIC CORRIDOR SIGN
REGULATIONS
Planning Commission Meeting
September 26, 2019
Aesthetic Corridor Areas
SR 27- 16th Ave south to City limits
SVMC 22. 1 10.080
SR 27 - Mansfield Ave to Trent Ave
°-3 - 4 ,-,.\ Appleway Blvd - Park Rd to Dishman
I -�- -,,----•- Mica Rd (south side only)
A
-J i' �"'
Appleway Avenue - Barker Rd to
'i�
g Hodges Rd
9 a Dishman Mica Rd - 8th Ave south to
.n Spokane erase Greaaares ,
� �a�rma
� '\ City limits
L1 — s1
\ 32nd Ave within the City limits
r 1_5
Mirabeau Parkway - Pines Rd to
r? j Indiana Ave
Aesthetic Corridor Standards
SVMC 22. 1 10.080 (Current Standards)
iii
Maximum
A. The standards copy Side
applicable to monument zoning Number Copy Area Area Yard Permit Additional
Land Use Height
signs shown on Table District per Area (&)fLot (ft )/Lot Setback Required Provisions
(ft.)
22.110-1 shall apply to Parcel (fie) Frontage Frontage €
parcels adjacent to 104 ft. >to ft,
.... ,
aesthetic corridors Monument Signs
designated in the Subdivision/Area
Spokane Valley Name/Multifamily All Zone_ 1 10 32 -fa Fila Fila Y
Comprehensive Plan: Complex/lnstitutionalf
*per street
Single Business Neighborhood 7 75 n!a Fifa 5 Y frontage
B. Only monument signs Multi Business Business(NC)
as shown on Table Complex Zones - 7 �° ria Ufa
22.1 10-1 shall be
Single Business All Mixed Use .7* 7 90 ria Fifa 5 Y
allowed with designated and *Per street
aesthetic corridors. Multi-Business Nonresidential
2* frontage
7 150 ria Fifa
Complex Zones
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: September 26, 2019
Item: Check all that apply ❑ old business ❑ new business ❑ public hearing
❑ information ® study session ❑ pending legislation
FILE NUMBER: N/A
AGENDA ITEM TITLE: Planning Commission Rules of Procedure Update
DESCRIPTION OF PROPOSAL: Periodic update of Planning Commission Rules of
Procedures.
GOVERNING LEGISLATION: SVMC 18.10.030
BACKGROUND:
1. The Spokane Valley Planning Commission was established in 2003 during the
incorporation of the City. The original Commission was tasked with establishing Rules of
Procedure. The Rules of Procedure state they should be reviewed in the odd numbered
years for any necessary updates, or at any time the legal office feels it has a necessary
change. The Rules of Procedure were adopted in 2005 and updated 2010, 2011 and 2012.
RECOMMENDED ACTION OR MOTION: Staff recommends that Planning Commission
members review the current and revised draft Planning Commission Rules of Procedure and be
ready for discussion during upcoming Planning Commission meetings.
STAFF CONTACT: Jenny Nickerson, Building Official
ATTACHMENTS:
1. Revised Draft Planning Commission Rules of Procedure
RPCA Study Session for CTA-2017-0003 Page 1 of 1
CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINCTON
RESOLUTION NO. 12 006
A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINCTON, ADOPTINC THE SPOKANE VALLEY PLANNING
COMMISSION RULES OF PROCEDURE, AND OTHER MATTERS RELATING
THERE TO.
WHEREAS, the provisions of Spokane Valley Municipal Code Section 18.10.030
establish the rules for the Spokane Valley Planning Commission and mandate that the Planning
Commission shall adopt rules and procedures as are necessary for the conduct of business, subject
to the approval of the City Council; and
WHEREAS,the Planning Commission Rules of Procedure were last revised by the Council
on November 29, 2011. The Rules establish that they are to be reviewed on the odd numbered
years, but that upon the recommendation of the City Attorney, proposed changes may be brought
forward as appropriate; and
WHEREAS, on July 26, 2012, the Planning Commission's recommended revisions to the
Rules of Procedure included inserting a code of ethics, providing clarification as indicated, and
ensuring that the Rules reflect current practice.
NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley,
Spokane County, Washington as follows:
Section 1. Adoption of Spokane Valley Planning Commission Rules of Procedure. The
Spokane Valley City Council hereby adopts the Spokane Valley Planning Commission Rules of
Procedure dated **, 2012, which arc attached hereto and made a part hereof.
Section 2. All prior Planning Commission Rules of Procedure arc repealed. Any
previously adopted versions of the Planning Commission Rules of Procedure are hereby repealed
in their entirety.
Section 3. Effective Date. This Resolution shall be in full force and effect upon
adoption.
Adopted this 30th day of October, 2012.
CITY OF SPOKANE VALLEY
Thomas E. Towey, Mayor
ATTEST: Approved as to form:
Christine Bainbridge, City Clerk Office of the City Attorney
Resolution 12 006 Adopting Planning Commission Rules of Procedure Page 1 of
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City of Spokane Valley
Planning Commission Rules of Procedure
Adopted by Planning Commission 02-19-05
Revised by Resolution 10-004,2-09-2010
Revised by Resolution 11-010, 11-29-2011
Revised by Resolution 12-006, 10-30-2012
Revised by Resolution 19-XXX,DATE
On July 26, 2012,DATE, these Rules of Procedure were adopted by the Planning Commission, pending
approval of City Council.
ORGANIZATION AND RULES OF PROCEDURE
1. Name
The"City of Spokane Valley Planning Commission,"hereinafter referred to as the"Commission"is an
advisory body created by the City Council for purposes consistent with chapter 18.10 of the Spokane
Valley Municipal Code(SVMC)-1-84-0.
2. Location
The Commission offices meetings shall be heldlocated at the City Hall of the City of Spokane
Valley,unless otherwise identified in the notice of meeting.
3. Officers
Unless otherwise required by a vacancy in office, the Commission shall organize every year in
accordance with SVMC chapter 18.10 SVMC.
A. Officers of the Commission shall be elected from its membership; the officers shall be Chair and;
Vice Chair„and other appropriate officers that the Commission may choose to approve and appoint
by majority vote.
B. Commission members must have served at least one full calendar year to be eligible to be elected
as an Officer.
C. The Chair shall preside over the Commission and exercise all powers incidental to the office,
retaining however, the full right as a member of the Commission to propose motions, second
motions,and have a vote recorded on all matters of the Commission.
D. In the absence of the Chair from any meeting,the Vice-Chair shall perform all the duties incumbent
upon the Chair, and retain the full right as a member of the Commission in the same manner as the
Chair.
4. Secretary of the Commission
A. The Director of the Community and Economic Development DepartmentCity Manager shall assign
aor his/her designee shall serve as the Secretary to the Commission.
B. The Secretary shall provide for a recording of all Commission meetings,including public hearings
and shall ensure that summary minutes of all public hearings and meetings are prepared,approved,
and filed in the public record.
C. The Secretary shallw411 conduct and record a roll call of the Commission members at each meeting,
public hearing and study session.
Resolution 12 006 Adopting Planning Commission Rules of Procedure Page 2 of
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5. Election of Officers
A. Officers shall be elected at the first regular meeting in January of each year,by majority vote of the
membership of the Commission. Terms of office shall run from the first January meeting until
December 31,or until a successor has been elected.No Commission member shall serve more than
two full consecutive terms as Chair of the Commission. No Commission member shall serve as
Vice-Chair for more than two full consecutive terms.
In the event that the Commission has no sitting Chair at the first regular meeting in January, the
Vice-Chair will preside over the Commission until officers are elected.If at the first regular meeting
in January,both the Chair and Vice-Chair are no longer Commission members,the Secretary will
preside over the meeting until Officers are elected.
B. A vacancy in either the Chair or Vice-Chairany office will be filled by a special election,to be held
at a convenient time with a majority present. In the event that the office of Chair is vacated, the
Vice-sChair shall serve in that capacity until the required special election is held. Any member
of the Commission who has served for at least one full calendar year,is eligible to fill the vacancy.
However,nNo member can hold two office positions concurrently.
6. Rules of Order
The eSecretary shall serve as the official parliamentarian for all meetings and shall keep a copy of the
most current"Robert's Rules of Order"in the Council Chambers during Commission meeting. eept
•• •• .• I. • . •• • ' . • •. .. •, Robert's Rules of Order shall govern the conduct of
all public meetings of the Commission:except when they conflict with these Rules of Procedure.
7. Quorum
A quorum shall consist of four or more membersa majority of the Commission and no action can be
taken in the absence of a quorum except to adjourn the meeting to a subsequent date. A quorum must
be present for all meetings.
K.Voting
A. The affirmative vote of a majority of those present shall be necessary for the adoption of any motion
or other general matter.
B. For the conduct of business dealing with matters which require adoption or changes to the City's
Comprehensive Plan, or for the election of officers, at least four affirmative votes must be cast.
Each member of the Commission is entitled to one vote. No proxy shall be allowed. Every
eCommission member who was present when the question was called; shall give his/her vote. If
any eCommission member refused to vote "aye"or"nay"their vote shall be counted as a nay vote
unless the eCommission member has recused themselves due to actual or perceived appearance of
a conflict of interest, which shall be so stated prior to the vote at hand. Abstentions are not
permitted.
C. No member may participate or vote on a matter unless the member has been in attendance at all
public hearings regarding such matter or has listened to the recording of the public hearing and
reviewed the written record of the matter in question.
98. Meetings
A. There shall be at least one regular meeting each month with additional meetings scheduled as
necessary. Regular meetings shall be scheduled on the 2"d n4 and 4th Thursdays of the month,
commencing at 6:00 p.m. and ending not later than 9:00 p.m. Meeting ending time maycan be
Resolution 12 006 Adopting Planning Commission Rules of Procedure Page 3 of
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extended by a majority vote of the Commission. Meetings may be used for general planning
matters,study sessions or public hearings as described below.
1. Meetings on General Planning Matters. General planning matters to be reviewed by the
Commission will typically be preceded by a study session of the Commission to discuss the
issues with Community and Economic Public Works Development DepartmentCity staff.
Generally,no testimony from the public shall be taken at a study session.
2. Public Hearing Meeting. A public hearing is a meeting to provideermit the public an
opportunity to comment or give testimony on a proposed action ori items wherein general
business and public hearing items, such as the Comprehensive Plan or and development
regulations are discussed and decided. The Commission may deliberate upon the item
immediately after the hearing, or during another scheduled meeting(s).
3. Scheduled meetings may be canceled or convened at other times if deemed necessary by the
Chair or, in the absence of the Chair,by the Vice-Chair.Notice of cancellation shall be given
personally to Commission members,.and to the public by posting a notice at City Hall and on
the City's website.
1. The recommended order of business for meetings is:
a. Call to order by Chair.
b. Pledge of Allegiance.
c. Roll call by Secretary.
d. Approval of Agenda.
e. Approval of minutes.
Commission member reports.
Administrative reports.
f. Public comment.
g. Commission member reports.
h. Administrative reports.
i. Commission business.
i. Unfinished business
ii. New business
j. For the good of the order.
k. Adjournment.
B. Commission meetings shall be held pursuant toin accordance with the requirements of the Open
Public Meetings Act,RCW Cchapter 42.30 RCW.
C. Special meetings and study sessions may be called:
1. By the request of the Chair,or;in the Chair's absence,by the Vice-Chair.
2. By athe written request to the Chair, or in the Chair's absence, to the Vice-Chair, or by a ef
tkreemaj ority of the members of the Commission.
3. By approvedagreed motion of the Commission.
Resolution 12 006 Adopting Planning Commission Rules of Procedure Page 4 of
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4. Notice of a special meeting shall be provided as required iffiElefpursuant to RCW 42.30.080,
including posting notice of such meeting at least 24 hours before the time of such meeting as
specified in the notice.
910. Conduct of Hearings
A. Actions for a Commission Public Hearing.
Prior to the start of the public hearing,the Chair may require that all persons wishing to be heard
sign in with the Secretary,giving their names and addressescity of residence,the agenda item,and
whether they wish to speak as proponent,opponent,or otherwise.Any person who fails to sign in
shall wait to speak until all those who have signed in have had an opportunity to speak; and when
they speak at the hearing, shall give their name and city of residence. At any public hearing,
persons who have signed in and wish to be heard shall be given an opportunity to be heard. The
Chair, subject to concurrence by the majority of the Commission, may establish time limits and
otherwise control presentations. Such limits shall be established and announced prior to beginning
the hearing. _The Chair may change the order of speakers so that testimony is heard in the most
logical groupings,(i.e.,proponents,opponents, adjacent owners,vested interests,etc.).
B. The Chair shall introduce each agenda item,open each public hearing,and announce the following
Rules of Order:
1. All public comments by proponents,opponents,or the public shall be made from the speaker's
rostrum and; shall be directed to the Commission.; Any individual making comments
shall first give his/her name and city of residenceaddress. This is required because an official
recorded transcript of the public hearing is being made.
2. It is not necessary to be a proponent or opponent in order to speak. Those who are neither a
proponent nor an opponent, should
If you consider yourself neither a proponent nor opponent, please speak during the proponent
portion and indicate that they are identify yourself as neither a proponent nor an opponent.
3. No comments shall be made from any other location, and anyone making "out of order"
comments shall be subject to removal from the meeting as allowed by law.
4. We ask that there be no demonstrations, applause or other audience participation during or at
the conclusion of anyone's presentation. It is distracting to the Commission and takes time
away from the spe-ak-efsperson who is testifying.persons testifying.
5. Testimony shall be limited to the time period established for the meeting by the Chair or Vice-
Chair. Any speaker exceeding this time period will be asked to stop. Refusal to stop results in
the Commission being unable to conduct the business of the City,and may result in the speaker
being removed from the meeting for being disorderly. Please limit your testimony to three
6. These rules are intended to promote an orderly system of holding a public hearing and to give
persons people an opportunity to be heard.
C. When the Commission conducts a hearing to which the Appearance of Fairness Doctrine applies,
the Chair (or in the absence of the Chair or in case of a potential violation by that individual, the
Vice Chair) will ask if any Commission member knows of any reason which would require such
member to excuse themselves pursuant to the Appearance of Fairness Doctrine. The form of the
announcement shall be as follows:
All Commission members should now give consideration as to whether they have:
1. A demonstrated bias or prejudice for or against any party to the proceedings;
Resolution 12 006 Adopting Planning Commission Rules of Procedure Page 5 of
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2. A direct or indirect financial interest in the outcome of the proceeding;
3. A prejudgment of the issue prior to hearing the facts on the record,or
4. Had ex parte contact with any individual, excluding staff,with regard to an issue prior to the
hearing. Please refer to Section 14(B)for more specific information on how to proceed where
there has been an ex parte communication.
If any Commission member should answer in the affirmative,then the Commission members
should state the reason for his/her answer so that the Chair may inquire of staff as to whether
there is a conflict of interest pursuant toasper- viola,;,„of the Appearance of Fairness Doctrine
exists.
CONDUCTING THE PUBLIC HEARING
a. The Chair will announce the matter and open the public hearing,stating the date and time.
b. The Chair will allow staff to describe the matter under consideration and place the issue
and any documents matters into the public record.
c. The Chair will inquire as to whether Commission members have any questions of staff. If
any Commission member has questions,the appropriate individual will be recalled.
d. The Chair will allow proponents,opponents and the public to offer testimony and evidence
on the pending matter. The Chair may allow Commission members to ask questions of
any person at the conclusion of their testimony.
e. At the conclusion of the public testimony, the Chair maywill ask staff if there is any
additional information,testimony or evidence to submit for the record.
f. The Chair will then either close or continue the public hearing and state the time for the
record..- Additional testimony may not be requested or considered after the closing of the
public hearing, however, the Chair may declare that the public hearing will remain open
until a date certain for the purpose of receiving written testimony or materials.
g. The Chair will inquire if there is a motion by any Commission member. If a motion is
made, it shall be in the form of an affirmative motion. Affirmative motions are preferred
to prevent"approval by default"of a failed negative motion. Following the motion and its
second,discussion will occur among Commission members.
h. The Chair will inquire if there is any further discussion by the Commission members.
i. The Chair will inquire if there are any final comments or recommendations from staff.
j. The Chair will inquire of the Commission members if they are ready for the question.
k. The Chair will call for the vote on the motion and, following the vote, announce the
outcome of the vote..-
1. The Chair may direct staff to prepare findings for approval.
D. Pre-filing of testimony or evidence is encouraged and may be delivered to the Community and
- `•. . - Ci staff in
advance of a hearing.
118. Agenda, Staff Reports and Minutes for Regular Meetings.
A. Typically, a copy of the agenda for every regular meeting of the Commission willsl+al1 be sent to
each member up to seven days prior to the date of the meeting.
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B. If available, Staff reports will be sent to Commission members with the agenda. Agendas and staff
reports will be made available to applicants and the public at the same time.
142. Minutes and Communications with the City Council.
Minutes of all meetings shall be kept, and the complete files of proceedings and actions taken in
connection therewith shall be considered the public record and filed with the City Clerk.
The Secretary shall provide the Commission members with a set of minutes of the previous meeting.
These minutes shall be considered for approval by the Commission at a regularly scheduled public
meeting and; upon approval, shall become part of the official record of action of the Commission.
Approved and signed minutes shall also be transmitted to the City Clerk,for the City Council.
123. Recording of Meetings
Whenever possible, proceedings of all public hearings, meetings, study sessions and any special
meetings shall be recorded and retained in accordance with the Washington State Archives Retention
Schedule.:
134. Statement of Ethics / Code of Conduct
A. Statement of Ethics.
It is hereby recognized and established that high moral and ethical standards of Commission
members are vital and essential to provide unbiased, open, and honest conduct within all phases
and levels of government; that rules of ethics are helpful in guiding Commission members to
eliminate or prevent actual or perceived conflicts of interest in public office, and to improve and
elevate standards of public service so as to promote and strengthen the confidence, faith and trust
of the people of the City of Spokane Valley in their local government.
B. Interests in Contracts Prohibited; Exceptions.
No Commission member shall be beneficially interested, directly or indirectly, in any contract
which may be made by, through, or under the supervision or direction of any City of Spokane
Valleyemployee,in whole or in substantial part,or which may be made for the benefit of his
or her office, or accept, directly or indirectly, any compensation, gratuity or reward in connection
with such contract from any person beneficially interested therein. The foregoing shall not apply
to the exceptions specified in RCW 42.23.030,which are incorporated herein as if fully set forth.
C. Conflicts of Interest
1. A Conflict of Interest includes:
a. Engaging in a transaction or activity which impairs,or would to a reasonable person appear
to impair, the Commission member's independence of judgment or action in the
performance of their official duties;
b. A Commission member having a financial or other private or personal interest in any matter
upon which the member is required to act in the discharge of his or her official duties;
c. A "Professional Conflict of Interest" includes any real or perceived conflict of interest
caused by circumstances such as a Commission member's employment, past or present.
Where the Commission member's employer or professional activity is only tangentially
related to a matter before the Commission, recusal need not occur if the Commission
member can reasonably conclude that the connection is; or was remote and
inconsequential.
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If a Commission member is required to refrain from deliberation or participation by his/her
employer because of a real or perceived conflict of interest,then the Commission member
will be allowed to recuse or withdraw from that deliberation.
2. Conflict of Interest Procedure: Every Commission member who has a conflict of interest shall
publicly disclose the conflict at the next Commission meeting after the Commission member
discovers the conflict. If a discovery or determination of a conflict is made during a
Commission meeting,the Commission member shall publicly disclose the conflict at that time.
The nature and extent of such conflict of interest shall be fully disclosed,and a summary of the
same shall be incorporated into the official minutes of the Commission proceedings.
If a Commission member feels that they cannot be unbiased because of any conflict of interest,
the Commission member shall recuse themselves from further proceedings on the issue. Such
Commission member shall make a public statement disclosing the reasons why the
Commission member believes they are disqualified, and state they are recusing themselves
from the issue. The disqualified Commission member will then leave the Council Chambers
until such time as the issue at hand has been disposed of in the regular course of business. If
there are other matters on the agenda,then the disqualified Commission member must return
to the Council Chambers to participate in the other matters as soon as the Commission ends
discussion of the matter in which the disqualified Commission member has a conflict of
interest.
D. Other Prohibited Acts. Commission members are prohibited from:
1. Acting in a manner which would result in neglect of duty,misfeasance or malfeasance in office.
2. Acting in a manner that intentionally disrupts Commission meetings.
3. Missing three or more consecutive, regularly scheduled meetings or study sessions without
such absences being excused by the Commission.
The Commission recognizes that consistent and regular attendance of meetings by all members
is integral to fulfilling the purpose of the Planning Commission. All members should strive to
attend all meetings and keep absences to an absolute minimum.
If a member is absent, then after roll call by the Secretary, the Chair shall inform the
Commission of the member's absence, state the reason for such absence,and inquire if there is
any objection to excusing the member.If there is an objection,the Presiding Officer shall make
a motion to excuse the member. If the motion is seconded, a vote shall be taken, and the
outcome of the vote shall determine whether the member shall be considered excused. If there
is no objection,or a motion to excuse the member is not seconded after an objection was made,
then the member shall be deemed excused.
If the Chair finds that the Commission has inadequate information to determine whether the
absent member should be excused, and the person is not present,then the Chair should defer
any determination of whether to excuse the member pending receipt of more information.
A Commission member's absence is excused if they have recused themselves from a matter
that is being discussed during the meeting, and the recusal is due to an actual or perceived
conflict of interest.
The official minutes for each meeting shall include a running tally of the attendance for the
current calendar year for each Commission member, including the number of excused and
unexcused absences[cb1l;[cD2]7
4. Using his or her position to secure special privileges or exemptions for himself, herself, or
others.
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5. Directly or indirectly receiving, accepting,taking, seeking, or soliciting anything of economic
value regardless of the amount, as a gift,gratuity,or favor.
6. Engaging in or accepting private employment or rendering services for any person or engaging
in any business or professional activity when such employment, service or activity is
incompatible with the proper and faithful discharge of his/her official duties as a Commission
member, or when it would require or induce the Commission member to disclose confidential
information acquired by reason of such official position.
7. Disclosing confidential information gained by reason of his or her membership on the
Commission or using such information for his or her personal gain or benefit.
8. Engaging in any meeting that violates the Open Public Meetings Act (OPMA). The OPMA
strictly forbids any meeting of a quorum of the Commission during which any City business is
discussed.The OPMA provides that Commissioners may:
a. meet informally in less than a quorum and discuss City business,and
b. meet in a quorum if City business is not discussed.
However, Commissioners are encouraged to be mindful that such meetings risk creating the
appearance of a violation of the OPMA and such meetings should be avoided.
145. Appearance of Fairness
A. The Commission shall adhere to the applicable requirements of the Appearance of Fairness
Doctrine,RCW Cchapter 42.36 RCW.
B. During the pendency of any quasi-judicial proceeding,no Commission member may engage in ex
parte communications with proponents or opponents about any proposal involved in the pending
proceeding,unless the Commission member_:
1. The Commission member places on the record the substance of such oral or written
communications; and
2. The Commission member provide-4 tea public announcement of the content of the
communication and of the parties' right to rebut the substance of the communication shall be
made at each hearing where action is taken or considered on the subject. This does not prohibit
correspondence between a citizen and Commission members if the correspondence is made
part of the record,when it pertains to the subject matter of a quasi-judicial proceeding. (RCW
42.36.060)
156. Review of These Rules of Procedure
The Commission shall review these rules of procedure on the first anniversary of their adoption and the bdd
numbered years thereafteI[cD3]. Proposed changes upon the recommendation of the City Attorney may be
brought forward as appropriate. Any amendments identified by the Commission or the City Attorney shall
be forwarded to the City Council for review and ratification.
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