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2019, 12-12 Agenda Packet Spokane Valley Planning Commission RegularMeeting Agenda City Hall Council Chambers,10210E. Sprague Ave. December 12, 20196:00 p.m. I.CALL TO ORDER II.PLEDGE OF ALLEGIANCE III.ROLL CALL IV.APPROVAL OF AGENDA V.APPROVAL OF MINUTES: November 14, 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.Public Hearing: CTA-2019-0004, aproposed amendment to SVMC 22.70.020 Fencing, fence heights in residential zones. iii.Study Session: STV-2019-0005, a proposed street vacation of ththth portionsof 12and 13Avenues, the alley between 12th and 13 Avenues and Chronicle Road. iv.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 AsofDecember 5, 2019 ***Please note this is a work in progress; items are tentativeand subject to change*** To:Commission& Staff From: PC SecretaryDeanna Horton by direction of Deputy City Manager Re:Draft Schedule for Upcoming Commission Meetings December 12, 2019 Findings of Fact: CTA-2019-0003–Aesthetic Corridor Sign Regulations –Lori Barlow Public Hearing: CTA-2019-0004-Fencing Regulations –Jenny Nickerson thth Study Session: STV 2019-0005–12and 13Avenue; Chronicle and alleyway –Lori Barlow January 9, 2020 thth Public Hearing: STV 2019-0005 –12and 13Avenue; Chronicle and alleyway –Lori Barlow Findings of Fact: CTA-2019-0004-Fencing Regulations –Jenny Nickerson Study Session: CTA-2019-0005–Subdivision Regulations Update –Connor Lange January 23, 2020 Public Hearing: CTA-2019-0005–Subdivision Regulations Update –Connor Lange thth Findings of Fact: STV 2019-0005 –12and 13Avenue; Chronicle and alleyway –Lori Barlow Study Session: 2020 Comprehensive Plan Amendments –Chaz Bates February 9, 2020 Public Hearing: 2020 Comprehensive Plan Amendments –Chaz Bates Findings of Fact: CTA-2019-0005–Subdivision Regulations Update –Connor Lange February 23, 2020 Findings of Fact: 2020 Comprehensive Plan Amendments –Chaz Bates Draft Advance Agenda 12/5/2019 Page 1of 1 Regular Meeting Minutes Spokane Valley Planning Commission Council Chambers –City Hall November 14, 2019 I. Chair Johnson called the meeting to order at 6:00p.m. II. Commissioners, staff and audience stood for the pledge of allegiance. III. Assistant Deanna Horton calledroll and the following members and staff were present: James JohnsonJenny Nickerson, Building Official Danielle Kaschmitter-absent excusedCary Driskell, City Attorney Timothy Kelley Robert McKinley Raymond Friend-absent excused Michelle Rasmussen-absent excusedDeanna Horton, Administrative Assistant Matt Walton Hearing no objections Commissioners Kaschmitter, Friend and Rasmussenwere excused. After roll call Commissioner Kelley called a Point of Order, which the Chair granted, and read a statement in which he statedhe felt that the issue regarding the Commission elections had not been addressed. The Commission’s Rules of Procedure,Section 9(B)statesin the election of officers, must have at least four affirmative votes. Commissioner Kelley’s contention is that Commissioner Johnson only received three votes. There was no official vote which gave Commissioner Johnson the four votesnecessary to be duly elected. He also stated that Commissioner Walton, being the only person nominated for the Vice Chair, was also not duly elected because he was appointed without anyone casting a vote. Commissioner Kelley feels a special election needsbe held in order to officially elect the Chair and Vice-Chair to their positions. He noted that Robert’s Rules of Order also state someone is not elected until they receive the required number of votes. City Attorney Cary Driskell reaffirmed his position from the October 24, 2019, meetingthat there was no question to the validity ofthe election of the officersin January. There had only been one candidate, and the challenge is only being raised nine months later. Mr. Driskell also concluded the Chair and Vice Chair are simply facilitators to allow the meeting to run smoothly.Thereare no legal ramifications to them fulfilling these positions through the end of the year. Commission Secretary Deanna Horton noted when Commissioner Rasmussen withdrew her nomination, Ms. Hortonhad received unanimous consent from the rest of the Commissioners that they approved of Commissioner Johnson being elected the Chair. When Commissioner Walton was nominated for Vice Chair, there were no other nominations, and unanimous consent was given to elect Commissioner Walton to the position for which he had been nominatedand he accepted. Commissioner Kelley feels these are inaccurateresponses, because historically a ballot has been used to vote for these positions, nonewas used during this election cycle. It was noted that there is no requirement in the rules of order for a ballot to be used in voting for these positions. Commissioner Kelley requested that the Commission call for a special election. Mr. Driskell stated he did not feel that the Chair was able call for a special election, since the rules only allow for a special election when there is a vacancy.Mr. Driskell said he did not have an answer for the subject at that time, feeling he had already addressed the subject.Commissioner Walton requested a point of parliamentary inquiryto have the subject set aside in order to be 23 11-14-2019Planning Commission MinutesPage of able to conduct the rest of the Commission business. The ruling by the Chair was to set the subject aside in order to conductthe business of the Commission. IV.AGENDA: CommissionerWaltonmoved to amendthe November 14, 2019by removing item IX(i)Findings of Fact for CTA-2019-0003.The attending Commissioners, excluding Commissioner Johnson have not had the opportunity to listen to the recording from the public hearing and cannot vote on the findings at this time. There was no discussion. The vote on the motion was fourinfavor, zero opposed, and the motion passed. V.MINUTES: Commissioner Walton moved to approve the October 10 and October 24, 2019 agendaas written.There was no discussion. The vote on the motion was four in favor, zero opposed, and the motion passed. VI.COMMISSION REPORTS: Commissioner Walton attended the November 12, 2019 City Council meeting. Commissioner Johnson attended the Human Rights task force executive committee meeting, regular meeting on November 8, 2019 and the City Council meeting on November 12, 2019. There were no other reports. VII.ADMINISTRATIVE REPORT: Building Official Jenny Nickerson reported that staff are working to implement a program to have the Planning Commission recordings hosted on the website. VIII.PUBLIC COMMENT: There was no public comment. IX.COMMISSION BUSINESS : i.Study Session: CTA-2019-0004, a proposed amendment to SVMC 22.70.020 Fencing, fence heights in residential zones. Ms. Nickerson gave a presentation regardingfencing regulationsin the residential zones. Ms. Nickerson saidCity’s current language requires the height be measuredat 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. Commissioner Johnson said that in paragraph D it states that in a non-residential zone would be limited to eight feet. He confirmed that multifamily development would have a six foot fence limit. There was discussion regarding a residential use being next to a non- residential or multifamily use and wanting more privacy.Ms. Nickerson offered changing the language in section (C) to read: An administrativeexception 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-residentialor multifamilyuse in a residential zoning district and necessary for public safety, security, or screening purposes. Ms. Nickerson noted that transitional regulations apply when single family residential development is abutted by a multifamily use. The current language would not allow the City Manager to make an exception for multifamily, without the suggested language change. Ms. Nickerson said the public hearing is scheduled for December 12, 2019. ii.Study Session: Updating Planning Commission Rules of Procedure. Ms. Nickerson said a marked up and clean version had been sent to the Commissioners. Staff had hoped to send these forward for Council approval if there were no more proposed changes.Commissioner Kelley would like to change Section 9(B) to be altered to state that a ballot vote is required for the election of officers. Commissioner Walton stated that part of the reason we used small board rules is the flexibility to do the work required of the 33 11-14-2019Planning Commission MinutesPage of Planning Commission. Part of that is not having the formality of Robert’s Rules of Order and being able to streamline the processes. CommissionerWalton felt it was getting away from thought process that the Commission is more than a recommending body. If the Commission feels a ballot vote is necessary, then they all have the right to call for one at any time. Putting it in the Rules of Procedure just makes it necessary when it might not be all of the time. Commissioner McKinley stated he felt that asking for a paper ballot for the Chair and Vice Chair, as the leaders of the Commission, is a good idea. He felt it makes it an official act and would allow people to write in someone else. It is a formality but it should be implemented. Commissioner Johnson stated he agreed with Commissioner Walton, he likes the small board rules and would like to keep them, however he feels that the ballot vote for Chair and Vice Chair should be a ballot vote. Commissioner Johnson requested that this subject be held until the next meeting. Commissioner McKinley requested that the absent members receive a copy of the evening’s recording and a copy of the statement which was read by Commissioner Kelley. Commissioner Johnson clarifiedin Section 5(Attendance)(A) would require a vote to excuse people from a meeting, but unanimous consent is considered a motion and confirmation by Robert’s Rules of Order. Commissioner Johnson noted in Section 5(C)(d)(2), says states that after a leave of absence, the absent Commissioner shall either: but only offers one option. Ms. Horton stated this was an insert from the Governance Manual and she would look to see what had been removed to clean it up. X.GOOD OF THE ORDER :Commissioner McKinley stated he was thankful for his family. Commissioner Kelley clarified the order of the agenda. Commissioner Walton commented on intrinsic dignity and makingthe choice to treat people with civility, honor and respect for the value and worth they bring to our City. XI.ADJOURNMENT: CommissionerWaltonmoved to adjourn the meeting at7:03p.m. The vote on the motion wasfourin favor, zero opposed, and the motion passed. _________________________________________________________________ James Johnson, ChairmanDate signed ____________________________________ Deanna Horton,Secretary CITYOFSPOKANEVALLEY Request for PlanningCommission Action MeetingDate: December12, 2019 Item: Checkall that applyold businessnew businesspublichearing informationstudysessionpendinglegislation FILENUMBER: CTA-2019-0003 AGENDAITEMTITLE: Findingsand Recommendations-ProposedAmendmentto SVMC 22.110.80Aestheticcorridors DESCRIPTIONOF PROPOSAL: Amendthe AestheticCorridorsignregulationstoallow wallsigns. GOVERNING LEGISLATION :SVMC17.80.150,SVMC19.30.040and RCW36.70A.106 BACKGROUND: OnOctober10,2019thePlanningCommission(Commission)conductedastudy session.OnOctober24,2019theCommissionconductedapublichearing.Followingpubliccomment, thepublictestimonyportionofthehearingwasclosed.TheCommissiondeliberatedandvoted4-0to recommendto the CityCouncilthatCTA-2019-0003be approved. RECOMMENDEDACTIONORMOTION :ApprovetheCommissionFindingsand RecommendationforCTA-2019-0003orprovidestafffurtherdirection. STAFFCONTACT :LoriBarlow,AICP,SeniorPlanner. ATTACHMENTS: 1.PC Findingsand RecommendationCTA-2019-0003 FINDINGSANDRECOMMENDATIONS OFTHE SPOKANEVALLEYPLANNINGCOMMISSION CTA-2019-0003–ProposedAmendment toSpokane ValleyMunicipalCode (SVMC) PursuanttoSVMC17.80.150(E)thePlanningCommissionshallconsidertheproposalandshallprepare andforwardarecommendationtotheCityCouncilfollowingthepublichearing.Thefollowingfindings are consistentwiththePlanningCommissionrecommendation. Background: 1.PursuanttoRCW36.70A.130,SpokaneValleyadoptedits2016ComprehensivePlanUpdateand updateddevelopmentregulationsonDecember13,2016,withDecember28,2016astheeffectivedate. 2.CTA-2019-0003isaCity-initiatedtextamendmenttotheSVMC,amendingSVMC22.110.080 AestheticCorridorsignstandardstoallow wallsignswithindesignatedaestheticcorridorareas. 3.ThePlanningCommissionheldaproperlynoticedpublichearingandconducteddeliberationson October24,2019.TheCommissionersvoted4-0torecommendthattheCityCounciladoptthe amendment. PlanningCommissionFindings: 1.CompliancewithSVMC17.80.150(F)ApprovalCriteria a.Theproposedtextamendmentis consistentwiththeapplicableprovisionsofthe ComprehensivePlan. Findings: TheproposedamendmentissupportedbytheComprehensivePlanandisconsistent withthefollowinggoalsandpolicies: ED-G4Collaboratewithrelevanteconomicdevelopmentstakeholders,includingthe business community,to grow a strongand healthyregionaleconomy. ED-G6Maintaina positivebusinessclimatethatstrivesforflexibility,predictability,and stability. ED-P3Encouragebusinessesthatprovidejobsand growlocalmarkets. ED-P5PromoteSpokaneValleyas a greatplaceto work,visit,anddobusiness. ED-P17Engagelocalbusinessestounderstandtheirneedsandtoassistinfuturegrowth. LU-P2Supportunique,high-quality,and locally-ownedretailin appropriatelocations. LU-P8Ensurethatneighborhoodsareservedbysafeandconvenientmotorizedandnon-motorized transportationroutes. T-P9Provideandmaintainqualitystreet,sidewalk,andshared-usepathsurfacesthatprovideasafe environmentforallusers. Conclusion: Theproposedtextamendmentis supportedbythe ComprehensivePlanandconsistentwith the goalsandpolicies. b.Theproposedamendmentbearsasubstantialrelationtopublichealth,safety,welfareand protectionoftheenvironment. Findings: Theproposedamendmentbearssubstantialrelationto publichealth,safety, welfareand protectionoftheenvironment.AllowingwallsignsintheAestheticCorridor FindingsandRecommendationsoftheSpokane ValleyPlanningCommissionCTA-2019-0003Page 1of2 pursuanttothecurrentregulationsisconsistentwiththeintentto maintainattractiveroutes intotheCityandadditionalcorridorswithinthe City.Wallsignswillincreasethevisibility ofthebusinesswhilenotcontributingto visualclutteralongthestreet.Wallsignsdo not conflictwithmotoristorpedestriansafetyas thesignsarelocatedon buildingsawayfrom pedestrianareasorsitedistancetrianglesatparkinglotaccesspoints.Theproposed amendmentaddressesbusinesscommunityconcernsandprotectscommunitycharacter. Conclusion: Theproposedtextamendmentis consistentwithComprehensivePlanandbearsasubstantial relationto publichealth,safety,welfare,andprotectionoftheenvironment. 2.Recommendation: TheSpokaneValleyPlanningCommissionthereforerecommendstheCityCouncilapproveCTA-2019- 0003 asproposed. Attachment: Exhibit1–ProposedAmendmentCTA-2019-0003 Approvedthis12 th dayof December,2019 PlanningCommission Chairman ATTEST Robin Hutchins, OfficeAssistant FindingsandRecommendationsoftheSpokane ValleyPlanningCommissionCTA-2019-0003Page 2of2 Attachment 1 Draft CTA-2019-0003 Amendment to the Aesthetic Corridor Sign Regulations 22.110.080 Aesthetic corridors. A.The standards applicable to wall mounted and monument signs shown oin Table 22.110-1 shall apply to parcels adjacent to the aesthetic corridors identified below. designated in the Spokane Valley Comprehensive PlanOther permanent signs 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: December 12, 2019 Item: Check all that apply old business new business public hearing information study session pending legislation FILE NUMBER: CTA-2019-0004 AGENDA ITEM TITLE: 22.70.020 Fencing DESCRIPTION OF PROPOSAL: During the 10/10/19, 10/24/2019, and 11/14/19 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 RECOMMENDED ACTION OR MOTION : Move to recommend approval of CTA-2019-0004 as proposed. STAFF CONTACT : Jenny Nickerson, Building Official ATTACHMENTS: 1.Draft SVMC 22.70.020 language 2.PowerPoint presentation 3.Staff report RPCA Public Hearing for CTA- 2019-0004 Page 1 of 1 CPW OMMUNITY AND UBLIC ORKS B&P UILDING LANNING SRR TAFF EPORT AND ECOMMENDATION TO THE PC LANNING OMMISSION CTA-2019-0004 SRD: December 3, 2019 TAFF EPORT ATE HDL: December 12, beginning at 6:00 p.m., Spokane Valley City Hall EARING ATE AND OCATION Council Chambers, 10210 East Sprague Avenue, Spokane Valley, Washington 99206. PD: The proposed amendment is a City-initiated text amendment to the Spokane ROPOSAL ESCRIPTION Valley Municipal Code (SVMC) amending SVMC 22.70.020 fence regulations in residential zones to -residential uses he fence height measuring point in a way which is more consistent with other area jurisdictions such as the City of Spokane and Spokane County. AC: Spokane Valley Comprehensive Plan, SVMC 17.80.150, 19.30.040. PPROVAL RITERIA SC: Staff concludes that the proposed amendments to SVMC 22.70.020 are UMMARY OF ONCLUSIONS consistent with minimum criteria for review and approval, and consistent with the goals and policies of the Comprehensive Plan. SC: Jenny Nickerson, Building Official TAFF ONTACT RB: John Hohman, Deputy City Manager EVIEWED Y A: Exhibit 1: Proposed Amendment TTACHMENTS AP :Chapter 17.80 SVMC, Permit Processing Procedures. The following table PPLICATION ROCESSING summarizes the procedural steps for the proposal. Process Date Department of Commerce 60-day Notice of Intent to November 15, 2019 Adopt Amendment SEPA DNS Issued November 1, 2019 Published Notice of Public Hearing: November 22 and 29, 2019 B: Current fence regulations restrict the height of fences on properties in the ACKGROUND residential zones to a total of 8 feet and dictate height be measured from either the base of the fence or, where the fence separates properties of different elevations, the lowest finished grade elevation within 6 feet of the fence (measured horizontally). The minimum side yard in residential zoning districts 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, Staff Report and Recommendation CTA-2019-0004 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. F: INDINGS AND CONCLUSIONS SPECIFIC TO THE MUNICIPAL CODE TEXT AMENDMENT 1. Compliance with Title 17 (General Provisions) of the Spokane Valley Municipal Code Findings: a. SVMC 17.80.150(F) Municipal Code Text Amendment Approval Criteria The City may approve a Municipal Code Text amendment if it finds that: i. The proposed text amendment is consistent with the applicable provisions of the Comprehensive Plan; Staff Analysis: The proposed amendment is supported by the Comprehensive Plan and is consistent with the following Comprehensive goals and policies: LU-G2 Provide for land uses that are essential to Spokane Valley residents, employees, and visitors, LU-P1 Enable neighborhood-scale commercial uses in residential areas, LU-P5 Ensure compatibility between adjacent residential and commercial or industrial uses. ii. The proposed amendment bears a substantial relation to public health, safety, welfare, and protection of the environment: Staff Analysis: The proposed amendment bears substantial relation to public health, safety, welfare and protection of the environment. Allowing fence heights to be measured in a way which is easily understood and consistent with other jurisdictions in the region addresses concerns of residential developers and individual homeowners while also allowing for the use of standard fence construction materials and methods and providing the opportunity for an administrative exception process where non-residential uses exist or are proposed in residential zoning districts. Conclusion(s): b. The proposed text amendment is consistent with the approval criteria contained in the SVMC 17.80.150(F). 2. Finding and Conclusions Specific to Public Comments Findings: a. No public comments have been received to date. Conclusion(s): b. Page 2 of 3 Staff Report and Recommendation CTA-2019-0004 Adequate public noticing was conducted for CTA-2019-0004 pursuant to adopted public noticing procedures. 3. Finding and Conclusions Specific to Agency Comments Findings: a. The City has not received any agency comments to date. Conclusion(s): b. No concerns noted. A. CONCLUSION For the reasons set forth above, the proposed code text amendment to amend the fence regulations in residential zones is consistent with the requirements of SVMC 17.80.150(F) and the Comprehensive Plan. Page 3 of 3 Spokane Valley Municipal Code Page1/1 22.70.020Fencing. 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 or multi-family 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 sideof 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 theparcel 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. CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: December 12,2019 Item: Check all that apply old business new business public hearing information study sessionpending legislation FILE NUMBER: STV-2019-0005 thth AGENDA ITEM TITLE: Study session –street vacation of aportion of 12Avenue, 13 thth Avenue,the alley between12and 13Avenues,and Chronicle Road, west of Carnahan Road. th DESCRIPTION OF PROPOSAL: Request to vacate ~380’ of 12Avenue,13th Avenue, the thth alley between 12and 13Avenues, and ~500 of Chronicle Road, west of Carnahan Road. GOVERNING LEGISLATION :Chapter 22.140 Spokane Valley Municipal Code (SVMC); RCW 35A.47.020 and chapter 35.79RCW. PREVIOUS PLANNING COMMISSIONACTION TAKEN :None BACKGROUND :The City received an application onOctober 3, 2019fromWhipple Consulting Engineers (WCE) representing the owners,Tom and Michelle Hamiltonand Jeff thth McCloskey, requesting a street vacation of ~ 380 feet in lengthof 12Avenue, 13Avenue, the thth alley between12and 13Avenues,and ~500feet of ChronicleRoad,ranging from 12to 60 feetin width.The total area to be vacated collectively is 1.58 acres.The portion of right-of-way th (ROW)requestedto be vacated is located immediately west of Carnahan Road, south of 8 th Avenue and north of 14Avenue. The area is adjacent to eightparcelsthat are either vacant or under development. The property owner is making a request for the following reasons: 1.The vacation would allow development of the site to its full potential by removing ROW requirements in unconstructable locations; 2.The streets and alleys are no longer required for public use or access;and th 3.On-site wetlands interfere with the construction of 13Avenue. On November 19ththe City Council(Council)passed Resolution 19-016settinga public hearing date with the Planning Commission (Commission) on January 9, 2020.The street vacation process is prescribed in chapter 22.140SVMCandconducted following the City’s process of presenting three timeseachto the Commission and Council. Staff will discuss the requestand th the process at the December 12meeting. RECOMMENDED ACTION OR MOTION :No action recommended at this time. The Commission will conduct a public hearing and consider the street vacation on January 9, 2020. STAFF CONTACT :Lori Barlow, AICP,SeniorPlanner ATTACHMENTS: 1. Application material 2. PowerPoint presentation Carnahan Rd. Chronicle Rd. Vicinity Map Carnahan Rd. Chronicle Rd. Aerial Vicinity Map vacatedRoad ThiermanBroadway Avenue & of Survey Record Ordinance and Record Staff Review Conditions satisfied City Council Planning Commission , 2019for November 19 City Council set public hearing Application Submittal Carnahan Road 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 20-XXX, DATE On December 12, 2019 these Rules of Procedure were adopted by the Planning Commission, pending approval of City Council. ORGANIZATION AND RULES OF PROCEDURE 1. Name , 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 air. Ch 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. 1 Page of 8 5. Attendance: Excused Absences: Members of the Planning Commission may be excused from A. 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 and inquire if there is a consent motion to excuse the member. The motion shall be non- debatable. Upon consent 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. 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 absenc 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; or b. Submit a letter of resignation to the Secretary of the Commission. D. A leave of absence may only be granted twice during a Commissioner-year term, with no less than six months between each request. Upon approval of a leave of absence, the absent shall not Commissioner 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. 2 Page 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 . 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 , at least four affirmative votes must be cast. No proxy shall be allowed. C. Election of Officers. Each officers, Chair and Vice Chair must receive four votes affirmative votes in order to be elected to the position. Voting shall be taken by paper ballot and will be conducted at the first meeting in January or at the first meeting after the Mayor has appointed new Commissioners. D. Every Commission member present when the question is called shall give their vote. If any C 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. E. 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 nd necessary, except when cancelled as noted below. Regular meetings shall be scheduled on the 2 th and 4 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 3 Page of 8 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 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 -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: 4 Page of 8 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. 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. 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 Doctrineand 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, 5 Page of 8 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 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 6 Page of 8 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 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 des any real or perceived conflict of interest caused by circumstances such as a Commission memb Where the Commission memberis 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 7 Page of 8 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. 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 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. 8 Page of 8 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 12-006 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING 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, p roposed changes may be brought forward as appropriate; and WHEREAS, on July 26, 2012, the Planning Commission 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. th Adopted this 30 day of October, 2012. 1 Resolution 12-006 Adopting Planning Commission Rules of Procedure Page of 11 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 2019-XXX, DATE On July 26, 2012,DATE,December 12, 2019 these Rules of Procedure were adopted by the Planning Commission, pending approval of City Council. ORGANIZATION AND RULES OF PROCEDURE 1. Name , 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 are 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. 2 Resolution 12-006 Adopting Planning Commission Rules of Procedure Page of 11 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 air. Ch 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: Excused Absences: Members of the Planning Commission may be excused from A. 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 and inquire if there is a consent motion to excuse the member. The motion shall be non- debatable. Upon consent 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. 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 absenc 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: 3 Resolution 12-006 Adopting Planning Commission Rules of Procedure Page of 11 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; or b. Submit a letter of resignation to the Secretary of the Commission. D. A leave of absence may only be granted twice during a Commissioner-year term, with no less than six months between each request. Upon approval of a leave of absence, the absent shall not Commissioner 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 Vvice-cChair 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 .. Except when they conflict with these Rules of Procedure, 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. A. The affirmative vote of a majority of those present shall be necessary for the adoption of any motion or other general matter. B. B. For the conduct of business dealing with matters which require adoption or , 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. 4 Resolution 12-006 Adopting Planning Commission Rules of Procedure Page of 11 C. Election of Officers. Each officers, Chair and Vice Chair must receive four votes affirmative votes in order to be elected to the position. Voting shall be taken by paper ballot and will be conducted at the first meeting in January or at the first meeting after the Mayor has appointed new Commissioners. D. Every cCommission member who was present when the question was is called, shall give his/her their vote. If any cC counted as a nay vote unless the cCommission 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. E. 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 nd necessary, except when cancelled as noted below. Regular meetings shall be scheduled on the 2 th nd and 4 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 provideermit 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 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. 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. f.h. Public comment. g.a. Commission member reports. 5 Resolution 12-006 Adopting Planning Commission Rules of Procedure Page of 11 h.a. 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. -Chair. 21. By athe written or verbal request -Chair, or by a of threemajority of the members of the Commission, or City staff. 32. By approvedagreed motion of the Commission. 4. Notice of a special meeting shall be provided as required underpursuant 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 name,s 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 rostrumpodium 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 as neither a proponent nor an opponent. 3. comments shall be subject to removal from the meeting as allowed by law. 6 Resolution 12-006 Adopting Planning Commission Rules of Procedure Page of 11 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\[the time period established for testimony\]. 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, 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 Doctrineand they should recuse themselves. D. CONDUCTING THE PUBLIC HEARINGConducting the Public Hearing a.1. The Chair will announce the matter and open the public hearing, stating the date and time. b.2. The Chair will allow staff to describe the matter under consideration and place the issue and any documents matters into the public record. c.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. f.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. g.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 Following the motion and its second, discussion will occur among Commission members. 7 Resolution 12-006 Adopting Planning Commission Rules of Procedure Page of 11 h.8. The Chair will inquire if there is any further discussion by the Commission members. i.9. The Chair will inquire if there are any final comments or recommendations from staff. j.10. The Chair will inquire of the Commission members if they are ready for the question. k.11. The Chair will call for the vote on the motion and, following the vote, announce the outcome of the vote.. l. The Chair may direct staff to prepare findings for approval. E. D. Pre-filing of testimony or evidence is encouraged and may be delivered to the Community and Economic DevelopmentPublic Works Department or to the Commission SecretaryCity staff in advance of a hearing. 1120. 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. 1123. 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.. 1345. 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 City 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. 8 Resolution 12-006 Adopting Planning Commission Rules of Procedure Page of 11 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 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 des any real or perceived conflict of interest caused by circumstances such as a Commission memb Where the Commission memberis 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 9 Resolution 12-006 Adopting Planning Commission Rules of Procedure Page of 11 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. 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. \[cb1\] 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. 87. 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 that a public announcement of the content of the 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 10 Resolution 12-006 Adopting Planning Commission Rules of Procedure Page of 11 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 numberedthree 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. 11 Resolution 12-006 Adopting Planning Commission Rules of Procedure Page of 11