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2019, 11-14 Agenda Packet SCITY ok01111°111.1\IMIlki pane Valle y Spokane Valley Planning Commission Regular Meeting Agenda City Hall Council Chambers, 10210 E. Sprague Ave. November 14, 2019 6:00 p.m. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. APPROVAL OF AGENDA V. APPROVAL OF MINUTES: October 10 and October 24, 2019 VI. COMMISSION REPORTS VII. ADMINISTRATIVE REPORT VIII. PUBLIC COMMENT: On any subject which is not on the agenda. IX. COMMISSION BUSINESS: i. Findings of Fact: CTA-2019-0003, a proposed amendment to SVMC 22.110.080 Signs - Aesthetic corridors. ii. Study Session: CTA-2019-0004, a proposed amendment to SVMC 22.70.020 Fencing, fence heights in residential zones. iii. Study Session: Update - Planning Commission Rules of Procedure X. FOR THE GOOD OF THE ORDER XI. ADJOURNMENT PC ADVANCE AGENDA For Planning Discussion Purposes Only As of November 7,2019 ***Please note this is a work in progress; items are tentative and subject to change*** To: Commission& Staff From: PC Secretary Deanna Horton by direction of Deputy City Manager Re: Draft Schedule for Upcoming Commission Meetings November 14,2019 Findings of Fact: CTA-2019-0003—Aesthetic Corridor Sign Regulations—Lori Barlow Study Session: CTA-2019-0004-Fencing Regulations—Jenny Nickerson Study Session: Planning Commission By-laws—Jenny Nickerson/Deanna Horton December 12,2019 Public Hearing: CTA-2019-0004 -Fencing Regulations—Jenny Nickerson Study Session: STV 2019-0005— 12th and 13th Avenue; Chronicle and alleyway—Lori Barlow January 9,2020 Public Hearing: STV 2019-0005— 12th and 13th Avenue; Chronicle and alleyway—Lori Barlow Findings of Fact: CTA-2019-0004-Fencing Regulations—Jenny Nickerson January 23,2020 Findings of Fact: STV 2019-0005— 12th and 13th Avenue;Chronicle and alleyway—Lori Barlow Draft Advance Agenda 11/7/2019 Page 1 of 1 Regular Meeting Minutes Spokane Valley Planning Commission Council Chambers —City Hall October 10,2019 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. Assistant Deanna Horton called roll and the following members and staff were present: James Johnson Jenny Nickerson, Building Official Danielle Kaschmitter Chris Bainbridge, City Clerk Timothy Kelley Lori Barlow, Senior Planner Robert McKinley Raymond Friend Michelle Rasmussen Matt Walton Deanna Horton, Administrative Assistant IV. AGENDA: Commissioner McKinley moved to approve the October 10, 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 Walton moved to approve the September 26, 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: Commissioner Johnson reported he attended a candidate forum for Spokane Public Schools on Sept 28, and at the Human Rights Task Force meeting on October 8 attended a screening of Hate and the Internet. VII. ADMINISTRATIVE REPORT: Building Official Jenny Nickerson reported the legal team was currently investigating the voting issue which was raised at the September 26 meeting. Neither attorney was able to attend this meeting but hoped to have an answer at the next meeting. VIII. PUBLIC COMMENT: There was no public comment. IX. COMMISSION BUSINESS: i. Study Session, CTA-2019-0003 a proposed amendment to Spokane Valley Municipal Code (SVMC) 22.70.080 Signs in the aesthetic corridors. Senior Planner Lori Barlow gave a presentation to the Commissioners regarding the proposed amendment to SVMC 22.70.080, signs in aesthetic corridors. Ms. Barlow explained that over the years there has been inconsistency while implementing the code based on staff interpretations. Staff feels the conflict between the intent of the code and how it is written is creating unnecessary restrictions on property owners in the aesthetic corridors. Ms. Barlow discussed the existing dimensional, zoning and size standards for signs, and how they affect the aesthetic corridors. She noted that the current regulations only allow monument signs in the corridors. She showed examples of monument signs as well as wall and pole signs for a better visual understanding. She noted that the amendment would allow wall signs in the aesthetic corridor consistent with the existing regulations. Current regulations allow a wall sign to be up to 25 percent of the wall area. The proposed change would be to strike the 10-10-2019 Planning Commission Minutes Page 2 of 3 sentence which states "only monument signs are allowed in the aesthetic corridors." The other changes proposed are only for the purpose of cleaning up the code with no substantive change. Commissioner Johnson stated he would support the change but expressed concerns regarding flashing signs. He said he thought they could be distracting and might ruin the feeling of the aesthetic corridor. Ms. Barlow explained that there are regulations in place which control the flashing elements of a sign, automatic dimming is required which causes the brightness to dim to the ambient light. There were no other items brought up for discussion. Ms. Barlow concluded a public hearing had been advertised for the October 24, 2019 meeting. ii. Discussion, updating Planning Commission Rules of Procedure. Ms.Nickerson introduced the subject of the Planning Commission Rules of Procedure and stated City Clerk Chris Bainbridge was in attendance to offer assistance in the update. Mrs. Bainbridge mentioned the Council's Governance Manual is updated every year. It addresses items which are not currently in the PC Rules of Procedure such as where members shall sit, and attendance when a member does not show up for meetings. There was considerable discussion over when a quorum would be established and when it would no longer be in effect. Commissioners were concerned if there were only four members in attendance and a vote needed to be taken, but someone would need to recuse themselves would a quorum still exist. It was determined that unless someone actually left the building/meeting a quorum would still exist. Commissioner Rasmussen asked where the time limit came from in regard to speaking at the public hearing. She asked when the time limit was set,who set it and when it could be different. Commissioner McKinley offered that having a specific time limit lets people know what to prepare for and how long they know they will be allowed to speak. If the chair decides to allow a longer time frame,then they can expand,but not knowing does not allow for someone to prepare if they are trying to limit what they are trying to say. Commissioner Johnson offered if there are a few people wishing to speak at a hearing,then he felt the chair could offer more time,but when there were many people to speak,the time limit should be kept to three minutes. After extensive discussion regarding the use of small board rules, the Commissioners determined that they would prefer to have a motion on the floor before they begin discussion. They will no longer discuss the merits of any proposals without a motion. There was some discussion of having one meeting per month, unless there is no business, then staff will contact the Chair and the Vice Chair and discuss cancelling the meeting. X. GOOD OF THE ORDER: The Commissioners thanked Mrs. Bainbridge for her time and expertise in discussing the PC Rules of Procedure. Commissioner McKinley stated he would be unable to attend the October 24, 2019 meeting. XI. ADJOURNMENT: Commissioner Rasmussen moved to adjourn the meeting at 7:54 p.m. The vote on the motion was seven in favor, zero opposed, and the motion passed. James Johnson, Chairman Date signed 10-10-2019 Planning Commission Minutes Page 3 of 3 Deanna Horton, Secretary Regular Meeting Minutes Spokane Valley Planning Commission Council Chambers —City Hall October 24,2019 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. Assistant Robin Hutchins called roll and the following members and staff were present: James Johnson Jenny Nickerson, Building Official Danielle Kaschmitter Cary Driskell, City Attorney Timothy Kelley-absent excused Lori Barlow, Senior Planner Robert McKinley-absent excused Raymond Friend Michelle Rasmussen Deanna Horton, Administrative Assistant Matt Walton-absent excused Robin Hutchins, Administrative Assistant Hearing no objections Commissioners Kelley,McKinley and Walton were excused. IV. AGENDA: Commissioner Kaschmitter moved to approve the October 24, 2019 agenda as written. There was no discussion. The vote on the motion was four in favor,zero opposed, and the motion passed. V. MINUTES: No action taken; October 10, 2019 minutes will be approved at a later date. VI. COMMISSION REPORTS: There were no Commission Reports VII. ADMINISTRATIVE REPORT: City Attorney Cary Driskell gave some background into a motion brought forward by Commissioner Kelley regarding Commissioner Johnson's position of Chair without a formal vote. During the 2019 January election of officers there was a tie for the position of chair between Commissioner Johnson and Commissioner Rasmussen whom withdrew her nomination. There was no re-vote. Staff has determined there is no question as to the validity of Chair Johnson's position as he was the only candidate which clearly implied one outcome with no challenge until September 2019. Mr. Driskell concluded that the Commission makes recommendations to the Council, and there would be no legal consequence in Chair Johnson fulfilling his position through the end of the year. VIII. PUBLIC COMMENT: There was no public comment. IX. COMMISSION BUSINESS: i. Public Hearing: CTA-2019-0003 a proposed amendment to Spokane Valley Municipal Code (SVMC) 22.110.080 Signs in the aesthetic corridors. Chair Johnson opened the public hearing at 6:09 p.m. Senior Planner Lori Barlow provided a presentation and background into the proposed amendment. On October 4, 2019 a determination of non-significance was issued and a notice of public hearing was mailed. On October 12, 2019 the Commission conducted a study session and tonight the public hearing is being held. Should a recommendation be made by the Commission at the close of the public hearing, it will be formalized in the Findings of Fact on November 14, 2019. 10-24-2019 Planning Commission Minutes Page 2 of 3 Ms. Barlow explained the proposed amendment to SVMC 22.110.080 is to allow wall signs in the aesthetic corridors as they are currently regulated within the SVMC. Ms. Barlow described that currently, per code, only monument signs are allowed in the seven aesthetic corridors, and staff feels this specific language is unnecessarily restrictive. Current wall sign regulations allow a wall sign to be up to 25 percent of the wall area, and those dimensional standards are not proposed to be modified. The proposed change intends to allow the wall signs in the aesthetic corridors by striking the sentence which states "only monument signs are allowed in the aesthetic corridors." All other changes proposed are refining the code language with no substantive change. Ms. Barlow concluded with a response to Chair Johnsons concern at the previous meeting regarding ambient lighting. She explained that within each sign there is an automatic sensor that adjusts the signs brightness as it relates to the ambient light. The City has stipulations in SVMC 22.110.060 stating that all electronic message centers have automatic dimmable capabilities that adjust the brightness to the ambient light conditions at all times of the day and night. This code also requires written documentation that the dimming capabilities exist and are verified by inspection. Commissioner Rasmussen gave an example of her personal experience with a bright sign and its affects. She asked if any jurisdictions have an illumination cap. Ms. Barlow explained that due to the scope of the proposal to allow wall signage in the aesthetic corridor that was not researched. However, she does know there is an industry standard relating to lumens. Commissioner Johnson expressed his concerns with changing colors and scrolling signs. He is concerned with how this could change the character of the aesthetic corridor and worries that allowing lighted motion signs would be distracting to drivers. Ms.Barlow explained that should this be approved the current parameters in code would prohibit lighting hazards such as flashing, strobe or running lights. Chair Johnson closed the public hearing at 6:26 p.m. Commissioner Friend moved to recommend to City Council the approval of CTA- 2019-0003 as presented. Commissioner Johnson recommended there be no changing lights in the aesthetic corridor as he feels this would be a distraction. Commissioners Kaschmitter and Friend understood Commissioner Johnsons concerns but felt as though the current regulations put in place would alleviate the matters related to flashing and/or changing lights limiting distractions. The vote on the motion was four in favor, zero opposed, and the motion passed. ii. Study Session: CTA-2019-0004, a proposed amendment to SVMC 22.70.020 Fencing,fence heights in residential zones. Ms. Nickerson provided a brief discussion related to fencing regulations in the residential zones. Ms.Nickerson explained that in researching other jurisdictions the City of Spokane and Spokane County limit the height of residential fences to six feet. However, they have no definition as to how the height is measured. Liberty Lake and Post Falls regulate that fence height be measured from the lowest grade elevation at the base of the fence. Airway Heights and Franklin County regulate the height of a retaining wall be included in the 10-24-2019 Planning Commission Minutes Page 3 of 3 measurement of a fence, which is consistent with the City's current code language. Ms. Nickerson added the City's current language also requires the height be measured at the lowest grade elevation within six feet of the fence horizontally. The City has found that constructing a six-foot fence when measured from the bottom of a retaining wall, or heavy slope between two properties with differing elevation, does not provide adequate privacy. Ms. Nickerson stated the proposed language would add Section C. indicating that an administrative exception may be granted for a fence of more than six feet in height, but no more than eight feet in height, with a permitted non-residential use in a residential zone. This would allow more flexibility for non-residential uses such as schools, churches and utilities.Ms.Nickerson explained Section E would strike the language indicating that fence height be measured from the lowest grade elevation within six feet of the fence and would simply state "the height of a fence shall be measured from the base of the fence". Ms. Nickerson spoke to a comment by the Commission related to fence height of six feet versus eight feet. With the proposed change the measurement would no longer include the retaining wall. This proposed change would provide a different method of measuring the height making it more appropriate to limit the fence height to six feet. After some discussion it was concluded to be the case. iii. Study Session: Updating Planning Commission Rules of Procedure. Ms. Nickerson introduced the subject of the Planning Commission Rules of Procedure (ROP) and provided background into the discussions and comments from the previous meetings. Administrative Assistant Deanna Horton explained there were three sections of the ROP in need of consideration related to attendance, time limit of public testimony, and how often the rules should to be reviewed. Ms.Nickerson spoke to the section regarding attendance to include excused and unexcused absences. She added this section is new and is consistent with the Council's Governance Manual. Ms. Nickerson addressed the section related to time limit for testimony. After some discussion it was concluded the Commission will impose a three-minute time limit for public testimony. Lastly, it was determined that a review of the ROP be conducted every three years due to commission member turn over and to determine whether changes are necessary and/or appropriate at that time. X. GOOD OF THE ORDER: The Commissioners thanked staff for all of their efforts and hard work. XI. ADJOURNMENT: Commissioner Kaschmitter moved to adjourn the meeting at 6:55 p.m. The vote on the motion was four in favor, zero opposed, and the motion passed. James Johnson, Chairman Date signed Robin Hutchins, Secretary CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: November 14, 2019 Item: Check all that apply ❑ old business ® new business ❑ public hearing ❑ information ❑ study session ❑ pending legislation FILE NUMBER: CTA-2019-0003 AGENDA ITEM TITLE: Findings and Recommendations - Proposed Amendment to SVMC 22.110.080 Aesthetic corridors DESCRIPTION OF PROPOSAL: Amend the Aesthetic Corridor sign regulations to allow wall signs. GOVERNING LEGISLATION: SVMC 17.80.150, SVMC 19.30.040 and RCW 36.70A.106 BACKGROUND: On October 10, 2019 the Planning Commission (Commission) conducted a study session. On October 24, 2019 the Commission conducted a public hearing. Following public comment, the public testimony portion of the hearing was closed. The Commission deliberated and voted 4-0 to recommend to the City Council that CTA-2019-0003 be approved. RECOMMENDED ACTION OR MOTION: Approve the Commission Findings and Recommendation for CTA-2019-0003 or provide staff further direction. STAFF CONTACT: Lori Barlow,AICP, Senior Planner. ATTACHMENTS: 1.PC Findings and Recommendation CTA-2019-0003 FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING COMMISSION CTA-2019-0003—Proposed Amendment to Spokane Valley Municipal Code (SVMC) Pursuant to SVMC 17.80.150(E) the Planning Commission shall consider the proposal and shall prepare and forward a recommendation to the City Council following the public hearing. The following findings are consistent with the Planning Commission recommendation. Background: 1. Pursuant to RCW 36.70A.130, Spokane Valley adopted its 2016 Comprehensive Plan Update and updated development regulations on December 13,2016,with December 28,2016 as the effective date. 2. CTA-2019-0003 is a City-initiated text amendment to the SVMC, amending SVMC 22.110.080 Aesthetic Corridor sign standards to allow wall signs within designated aesthetic corridor areas. 3. The Planning Commission held a properly noticed public hearing and conducted deliberations on October 24, 2019. The Commissioners voted 4-0 to recommend that the City Council adopt the amendment. Planning Commission Findings: 1. Compliance with SVMC 17.80.150(F) Approval Criteria a. The proposed text amendment is consistent with the applicable provisions of the Comprehensive Plan. Findings:The proposed amendment is supported by the Comprehensive Plan and is consistent with the following goals and policies: ED-G4 Collaborate with relevant economic development stakeholders, including the business community,to grow a strong and healthy regional economy. ED-G6 Maintain a positive business climate that strives for flexibility,predictability, and stability. ED-P3 Encourage businesses that provide jobs and grow local markets. ED-P5 Promote Spokane Valley as a great place to work,visit,and do business. ED-P17 Engage local businesses to understand their needs and to assist in future growth. LU-P2 Support unique,high-quality, and locally-owned retail in appropriate locations. LU-P8 Ensure that neighborhoods are served by safe and convenient motorized and non-motorized transportation routes. T-P9 Provide and maintain quality street, sidewalk, and shared-use path surfaces that provide a safe environment for all users. Conclusion: The proposed text amendment is supported by the Comprehensive Plan and consistent with the goals and policies. b. The proposed amendment bears a substantial relation to public health, safety,welfare and protection of the environment. Findings: The proposed amendment bears substantial relation to public health, safety, welfare and protection of the environment. Allowing wall signs in the Aesthetic Corridor Findings and Recommendations of the Spokane Valley Planning Commission CTA-2019-0003 Page 1 of 2 pursuant to the current regulations is consistent with the intent to maintain attractive routes into the City and additional corridors within the City. Wall signs will increase the visibility of the business while not contributing to visual clutter along the street. Wall signs do not conflict with motorist or pedestrian safety as the signs are located on buildings away from pedestrian areas or site distance triangles at parking lot access points. The proposed amendment addresses business community concerns and protects community character. Conclusion: The proposed text amendment is consistent with Comprehensive Plan and bears a substantial relation to public health, safety,welfare, and protection of the environment. 2. Recommendation: The Spokane Valley Planning Commission therefore recommends the City Council approve CTA-2019- 0003 as proposed. Attachment: Exhibit 1 —Proposed Amendment CTA-2019-0003 Approved this 14th day of November,2019 Planning Commission Chairman ATTEST Robin Hutchins,Office Assistant Findings and Recommendations of the Spokane Valley Planning Commission CTA-2019-0003 Page 2 of 2 Attachment 1 Draft CTA-2019-0003 Amendment to the Aesthetic Corridor Sign Regulations 22.110.080 Aesthetic corridors. The standards applicable to wall mounted and monument signs shown ein Table 22.110-1 shall apply to parcels adjacent to the aesthetic corridors identified below. designated in the Spokane Valley Comprehensive Plan Other permanent sips shall not be permitted on such parcels. Areas within the aesthetic corridor include: 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. CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: November 14, 2019 Item: Check all that apply nold business n new business n public hearing n information Fl study session n pending legislation FILE NUMBER: CTA-2019-0004 AGENDA ITEM TITLE: 22.70.020 Fencing DESCRIPTION OF PROPOSAL: During the 10/10/19 and 10/24/2019 Planning Commission meetings, staff discussed the current regulations related to the maximum allowed height of fences in the residential zones outlined in SVMC 22.70.020 as well as draft revised language which allows for the height of a typical residential fence to be measured in a way which is consistent with Spokane County and the City of Spokane. As discussed during said Planning Commission meetings, current regulations require fence height be measured from the lowest finished grade elevation within 6 feet(measured horizontally) of the fence. 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, may be addressed through an administrative exception process. GOVERNING LEGISLATION: SVMC 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: Study session; discussion item only. A public hearing is scheduled for the December 12, 2019 Planning Commission meeting. STAFF CONTACT: Jenny Nickerson, Building Official ATTACHMENTS: 1. Draft SVMC 22.70.020 language 2. PowerPoint presentation RPCA Study Session for CTA-2019-0004 Page 1 of 1 Spokane Valley Municipal Code Page 1/1 22.70.020 Fencing. 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-six 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. An administrative exception may be granted by the City Manager or designee for a fence of more than six feet in height but no more than eight feet in height where associated with a permitted non-residential use in a residential zoning district and necessary for public safety,security,or screening purposes. CD.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(I). DE.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. F.In nonresidential zoning districts,barbed wire may be used for security purposes only on the upper one-quarter of the fence unless the use is adjacent to a residential zoning district,in which case no barbed wire shall be allowed on the portion of the fence adjacent to the residential zoning district.An administrative exception may be granted by the city manager or designee for public utility distribution or transmission facilities seeking relief from barbed wire requirements. G.In residential zoning districts,barbed wire fences may only be used to confine animals if the parcel meets the animal raising and keeping requirements contained in SVMC 19.65.020. H.Barbed wire shall not project outside of the property line or into the public right-of-way. I.Electric fences shall only be allowed to enclose outdoor storage areas in nonresidential zoning districts or to confine animals in residential zoning districts.Electric fences shall not be allowed for any other purpose.Electric fences shall: 1.Not exceed 10 feet in height when used for outdoor storage or eight feet in height when used to confine animals; 2.Be clearly marked with warning signs at least 24 square inches in area located every 60 feet; 3.Be surrounded by a non-electrical fence located within 12 inches of the electrical fence; 4.Have an energizer driven by a commercial storage battery that does not exceed 12 volts DC;and 5.Not produce a charge upon contact that exceeds the energizer characteristics set forth in paragraph 22.108 and depicted in Figure 102 of International Electrotechnical Commission(IEC)Standard 60335-2-76. J.Fences and all sight obstructions including vegetation shall be located outside of the clearview triangle pursuant to SVMC 22.70.030 and shall not block the view of fire protection equipment.(Ord. 17-004§3,2017;Ord. 16-018 §6 (Att.B),2016). The Spokane Valley Municipal Code is current through Ordinance No. 19-013,passed September 24,2019. CTA- 2019 - 0004 - Fencing Examples of fence heights measured pursuant to SVMC 22.70.020 These residential fences are not allowed under current regulations; height measured from lowest elevation within 6' of the fence totals more than 8' , \ , 'may...'^ 4, 1 d °t . r ' te, - I a � � . ila 5 • A � I t I , �+� ;, i r ,•r. I, _ P 6 '.,',.::Y'''' Id id .. 7: This CMU block fence is allowed under current regulations - note that center section includes retaining wall in max. 8' height measurement. / pr 29,2019 at 10:17:05AF Current regulations prohibit additional fencing on or adjacent to the lowered center section of wall because: 1 0. The total height of the retaining . wall + above-grade wall = 8' 11 �'�""" The brown house is approximately I �~ "~ 5' (horizontally) from the common __ _ property line and; I w The height of any fence separating x the two properties is measured ` from the low area abutting the gray house. CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: November 14, 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: Planning Commission Rules of Procedure Update DESCRIPTION OF PROPOSAL: Periodic update of Planning Commission Rules of Procedures. GOVERNING LEGISLATION: SVMC 18.10.030 BACKGROUND: 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. Staff recommends that Planning Commission members review the current Planning Commission Rules of Procedure. A draft of suggested changes has been provided in the packet. These suggested changes will be discussed and any others which the Commission members feel should be updated. Planning Commission members should consider the recommended changes in order to be able adopt a recommended draft which will be forwarded to the City Council for final approval. RECOMMENDED MOTION: I move to approve the updated Planning Commission Rules of Procedure and recommend approval to the City Council. STAFF CONTACT: Jenny Nickerson, Building Official ATTACHMENTS: 1. 2019-10-24 Redlined Draft Planning Commission Rules of Procedure 2. 2019-10-24 Clean Draft PC 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 THERETO. 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 are attached hereto and made a part hereof. Section 2. All prior Planning Commission Rules of Procedure are 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. Resolution 12 006 Adopting Planning Commission Rules of Procedure Page 1 of 10 CITY OF SPOKANE VALLEY Thomas E. Towey, Mayor ATTEST: Approved as to form: Christine Bainbridge, City Clerk Office of the City Attorney 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,November 14, 2019 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) 18.10. 2. Location The Commission offices meetings arc shall be heldleteated 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. Resolution 12 006 Adopting Planning Commission Rules of Procedure Page 2 of 10 C. The Chair shall preside over the Commission meetings 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 shallwill conduct and record a roll call of the Commission members at each meeting, public hearing and study session. 5. Attendance: A. Excused Absences: Members of the Planning Commission may be excused from meetings with notification to the Chair, Vice Chair, Secretary or Building Official,prior to the meeting, and by stating the reason for the inability to attend. Following or prior to roll call, the Presiding Officer shall inform the Commission of the member's absence, and inquire if there is a motion to excuse the member. The motion shall be non-debatable. Upon passage of such motion by a majority of members present, the absent member shall be considered excused and the Secretary shall make an appropriate notation in the minutes. B. Unexcused Absences: A Commissioner's responsibility to attend Commission meetings should not be taken lightly, nor should a decision to remove a Commissioner for missing meetings. As soon as possible after two consecutive unexcused absences, and prior to a third consecutive unexcused absence, the absent Commissioner must request a leave of absence if they desire to remain on the Commission. At a third consecutive meeting where a Commissioner is not excused and there has been no request for a leave of absence, the absent Commissioner's seat shall be forfeited effective immediately. C. Leave of Absence: 1. A Commissioner whose serious health or physical condition would prevent them from performing the duties of the Planning Commission may ask to be placed on a leave of absence under the following conditions: a) Such serious health or physical condition must be certified in writing by a medical physician. b) The request for a leave of absence shall be in writing, and hand-delivered or mailed to the Secretary of the Commission or Building Official at least one week prior to the date when such leave would commence. c) The request for a leave of absence must state the anticipated date the Commissioner will resume their duties. d) By majority vote of the whole Commission,a leave of absence shall be granted as follows: Resolution 12 006 Adopting Planning Commission Rules of Procedure Page 3 of 10 1) The absence shall not exceed 90 days from the date the motion is passed by Commission; 2) At the end of the 90-day leave of absence,the absent Commissioner shall either: a) Return to normal Commission duties commencing with the first Thursday meeting following the end of the 90-day leave; D. A leave of absence may only be granted twice during a Commissioner's three-year term, with no less than six months between each request. Upon approval of a leave of absence, the absent Commissioner shall not be replaced with a pro-tem Commissioner during the absence. 56. 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-Chair any office willshall 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-eChair 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. 76. Rules of Order —The sSecretary 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.: - - - -- '. • - -• • ' . • . .. •, 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. 78. 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. 897. 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 is called, shall give his/her their 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 Resolution 12 006 Adopting Planning Commission Rules of Procedure Page 4 of 10 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. 9108. Meetings A. There shall be at least one regular meeting each month with additional meetings scheduled as necessary, except when cancelled as noted below. Regular meetings shall be scheduled on the 2"—d *El 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 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 providecrmit the public an opportunity to comment or give testimony on a proposed action orn items wherein general business and public hearing items, such as the Comprehensive Plante 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. 4. 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. f. Commission member reports. g. Administrative reports. Public comment. g.a.Commission mcmbcr reports. h.a.Administrative reports. i. Commission business. . Unfinished business . New business hj_For the good of the order. mak. Adjournment. Resolution 12 006 Adopting Planning Commission Rules of Procedure Page 5 of 10 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. 21. By athe written or verbal request to the Chair, or in the Chair's absence,to the Vice-Chair,or by a e€ majori ty of the members of the Commission,or City staff. 42. By approvedad motion of the Commission. 4. Notice of a special meeting shall be provided as required taidefpursuant to RCW chapter 42.30.080 RCW,including posting notice of such meeting at least 24 hours before the time of such meeting as specified in the notice. 9101._-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. 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 feaffaffrnodium and; shall be directed to the Commission., and aAny 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 aJ 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 speakersperson who is testifying.persons testifying. 5. Please limit your testimony to three minutes. three minutes[the time period established for tcstimonyl. 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. 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, Resolution 12 006 Adopting Planning Commission Rules of Procedure Page 6 of 10 the Vice Chair) will ask if any Commission member knows of any reason which would require such member to excuse themselves pursuant to the Appearance of Fairness Doctrine. The form of the announcement shall be as follows: All Commission members should now give consideration as to whether they have: 1. A demonstrated bias or prejudice for or against any party to the proceedings; 2. A direct or indirect financial interest in the outcome of the proceeding; 3. A prejudgment of the issue prior to hearing the facts on the record,or 4. Had ex parte contact with any individual, excluding staff,with regard to an issue prior to the hearing. Please refer to Section 146(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 toas pera violation of the Appearance of Fairness Doctrine exists.consult with a member of the legal staff to determine if a conflict of interest violation exists pursuant to the Appearance of Fairness Doctrine and they should recuse themselves. D CONDUCTING THE PUBLIC HEARINGConducting the Public Hearing The Chair will announce the matter and open the public hearing,stating the date and time. 13,2.The Chair will allow staff to describe the matter under consideration and place the issue and any documents matters into the public record. e 3.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,4.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 5.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. €6. 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. g7.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. 13,8.The Chair will inquire if there is any further discussion by the Commission members. 9_The Chair will inquire if there are any final comments or recommendations from staff. j-1 O. The Chair will inquire of the Commission members if they are ready for the question. I11. 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. Resolution 12 006 Adopting Planning Commission Rules of Procedure Page 7 of 10 ED. Pre-filing of testimony or evidence is encouraged and may be delivered to the Community .,.. - D . . .- '. . • ! .. . . -- . .. _ - ., Ci staff in advance of a hearing. 14x0. Agenda, Staff Reports and Minutes for Regular Meetings. A. Typically, aA copy of the agenda for every regular meeting of the Commission willshall be sent to each member up to seven days prior to the date of the meeting. B. If available, sStaff 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. 14-23. 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. 1234._ 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.: 13-45._—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 Valley employee,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; Resolution 12 006 Adopting Planning Commission Rules of Procedure Page 8 of 10 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. 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. Resolution 12 006 Adopting Planning Commission Rules of Procedure Page 9 of 10 tihe 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 11. 3.4.Using his or her position to secure special privileges or exemptions for himself, herself, or others. 54. Directly or indirectly receiving, accepting,taking, seeking, or soliciting anything of economic value regardless of the amount,as a gift,gratuity,or favor. 65. 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. 76. 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. 47. 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. 1456. 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 providesd a public announcement of the content of the communication and of the parties' right to rebut the substance of the communication shall be made at each hearing where action is taken or considered on the subject. This does not prohibit correspondence between a 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) 1567. Review of These Rules of Procedure The Commission shall review these rules of procedure on the first anniversary of their adoption and the odd numbcrcdthree years thereafter. 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. Resolution 12 006 Adopting Planning Commission Rules of Procedure Page 10 of 10 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 November 14, 2019 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). 2. Location The Commission meetings shall be held 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 chapter 18.10 SVMC. A. Officers of the Commission shall be elected from its membership; the officers shall be Chair and Vice Chair. 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 meetings 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 City Manager shall assign a 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 shall conduct and record a roll call of the Commission members at each meeting, public hearing and study session. Page 1 of 8 5. Attendance: A. Excused Absences: Members of the Planning Commission may be excused from meetings with notification to the Chair, Vice Chair, Secretary or Building Official,prior to the meeting, and by stating the reason for the inability to attend. Following or prior to roll call, the Presiding Officer shall inform the Commission of the member's absence, and inquire if there is a motion to excuse the member. The motion shall be non-debatable. Upon passage of such motion by a majority of members present, the absent member shall be considered excused and the Secretary shall make an appropriate notation in the minutes. B. Unexcused Absences: A Commissioner's responsibility to attend Commission meetings should not be taken lightly, nor should a decision to remove a Commissioner for missing meetings. As soon as possible after two consecutive unexcused absences, and prior to a third consecutive unexcused absence, the absent Commissioner must request a leave of absence if they desire to remain on the Commission. At a third consecutive meeting where a Commissioner is not excused and there has been no request for a leave of absence, the absent Commissioner's seat shall be forfeited effective immediately. C. Leave of Absence: 1. A Commissioner whose serious health or physical condition would prevent them from performing the duties of the Planning Commission may ask to be placed on a leave of absence under the following conditions: a) Such serious health or physical condition must be certified in writing by a medical physician. b) The request for a leave of absence shall be in writing,and hand-delivered or mailed to the Secretary of the Commission or Building Official at least one week prior to the date when such leave would commence. c) The request for a leave of absence must state the anticipated date the Commissioner will resume their duties. d) By majority vote of the whole Commission,a leave of absence shall be granted as follows: 1) The absence shall not exceed 90 days from the date the motion is passed by Commission; 2) At the end of the 90-day leave of absence,the absent Commissioner shall either: a) Return to normal Commission duties commencing with the first Thursday meeting following the end of the 90-day leave; D. A leave of absence may only be granted twice during a Commissioner's three-year term, with no less than six months between each request. Upon approval of a leave of absence, the absent Commissioner shall not be replaced with a pro-tem Commissioner during the absence. 6. 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. Page 2 of 8 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-Chair shall 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- Chair shall serve in that capacity until the required special election is held. No member can hold two office positions concurrently. 7. Rules of Order The Secretary shall serve as the official parliamentarian for all meetings and shall keep a copy of the current "Robert's Rules of Order" in the Council Chambers during Commission meeting. 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. 8. Quorum A quorum shall consist of a 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. 9. 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. No proxy shall be allowed. Every Commission member present when the question is called shall give their vote. If any Commission member refused to vote "aye" or"nay" their vote shall be counted as a nay vote unless the Commission 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. 10. Meetings A. There shall be at least one regular meeting each month with additional meetings scheduled as necessary, except when cancelled as noted below. Regular meetings shall be scheduled on the rd and 4th Thursdays of the month, commencing at 6:00 p.m. and ending not later than 9:00 p.m. Meeting ending time may be extended by a majority vote of the Commission. Meetings may be used for general planning matters, study sessions or public hearings as described below. 1. 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 City 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 provide the public an opportunity to comment or give testimony on a proposed action or items such as the Comprehensive Plan, or development regulations.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 Page 3 of 8 to Commission members, and to the public by posting a notice at City Hall and on the City's website. 4. 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. f. Commission member reports. g. Administrative reports. h. Public comment. i. Commission business. j. For the good of the order. k. Adjournment. B. Commission meetings shall be held pursuant to the Open Public Meetings Act,chapter 42.30 RCW. C. Special meetings may be called: 1. By a written or verbal request to the Chair, or in the Chair's absence,to the Vice-Chair,or by a majority of the members of the Commission,or City staff. 2. By approved motion of the Commission. 4. Notice of a special meeting shall be provided as required pursuant to chapter 42.30.080 RCW, including posting notice of such meeting at least 24 hours before the time of such meeting as specified in the notice. 11. 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 name,city 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. 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 shall be made from the speaker's podium and shall be directed to the Commission. Any individual making comments shall first give his/her name and city of residence.This is required because an official recorded transcript of the public hearing is being made. Page 4 of 8 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 speak during the proponent portion and indicate that they are 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 person who is testifying.. 5. Please limit your testimony to three minutes. 6. These rules are intended to promote an orderly system of holding a public hearing and to give people an opportunity to be heard. C. When the Commission conducts a hearing to which the Appearance of Fairness Doctrine applies, if any Commission member knows of any reason which would require such member to excuse themselves pursuant to the Appearance of Fairness Doctrine. Commission members should give consideration as to whether they have: 1. A demonstrated bias or prejudice for or against any party to the proceedings; 2. A direct or indirect financial interest in the outcome of the proceeding; 3. A prejudgment of the issue prior to hearing the facts on the record,or 4. Had ex parte contact with any individual, excluding staff, with regard to an issue prior to the hearing. Please refer to Section 16(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 member should consult with a member of the legal staff to determine if a conflict of interest violation exists pursuant to the Appearance of Fairness Doctrine and they should recuse themselves. D. Conducting the Public Hearing 1. The Chair will announce the matter and open the public hearing, stating the time. 2. The Chair will allow staff to describe the matter under consideration and place the issue and any documents into the public record. 3. 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. 4. 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. 5. At the conclusion of the public testimony, the Chair may ask staff if there is any additional information,testimony or evidence to submit for the record. 6. 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. 7. 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 Page 5 of 8 "approval by default" of a failed negative motion. Following the motion and its second, discussion will occur among Commission members. 8. The Chair will inquire if there is any further discussion by the Commission members. 9. The Chair will inquire if there are any final comments or recommendations from staff. 10. The Chair will inquire of the Commission members if they are ready for the question. 11. The Chair will call for the vote on the motion and, following the vote, announce the outcome of the vote. E. Pre-filing of testimony or evidence is encouraged and may be delivered to City staff in advance of a hearing. 12.Agenda, Staff Reports and Minutes for Regular Meetings. A. A copy of the agenda for every regular meeting of the Commission will be sent to each member up to seven days prior to the date of the meeting. B. 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. 13. 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. 14. Recording of Meetings Whenever possible, proceedings of all public hearings, meetings, study sessions and any special meeting shall be recorded and retained in accordance with the Washington State Archives Retention Schedule. 15. 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 Valley employee, 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 Page 6 of 8 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. 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. Using his or her position to secure special privileges or exemptions for himself, herself, or others. 4. Directly or indirectly receiving, accepting,taking, seeking, or soliciting anything of economic value regardless of the amount,as a gift,gratuity,or favor. 5. 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. 6. 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. Page 7 of 8 7. 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. 16.Appearance of Fairness A. The Commission shall adhere to the applicable requirements of the Appearance of Fairness Doctrine,chapter 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:: 1. The Commission member places on the record the substance of such oral or written communications; and 2. The Commission member provides a public announcement of the content of the communication and of the parties' right to rebut the substance of the communication 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) 17. Review of These Rules of Procedure The Commission shall review these rules of procedure on the first anniversary of their adoption and the three years thereafter. 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. Page 8 of 8