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2023-01-26 - Agenda Packet Sipmoka. Valley' Spokane Valley Planning Commission Regular Meeting Agenda City Hall Council Chambers, 10210 E. Sprague Ave. January 26,2023 at 6:00 p.m. NOTE: Members of the public may attend Spokane Valley Planning Commission meetings in-person at City Hall at the address provided above,or via Zoom at the link below.Members of the public will be allowed to comment in-person or via Zoom as described below: Public comments will only be accepted for those items noted on the agenda as "public comment opportunity." If making a comment via Zoom,comments must be received by 4:00 pm the day of the meeting. Otherwise, comments will be taken in-person at the meeting in Council Chambers,as noted on the agenda below. LINK TO ZOOM MEETING INFORMATION: https://spokanevalley.zoom.us/j/8626274705 I One tap mobile US: +12532158782„86262747051#or+16699006833„86262747051#US Dial by your location US: +1 253 215 8782 US(Tacoma) Meeting ID:862 6274 7051 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES: January 12, 2023 5. COMMISSION REPORTS 6. ADMINISTRATIVE REPORT 7. PUBLIC COMMENT: On any subject which is not on the agenda. 8. COMMISSION BUSINESS: a. Training: Public Records Training& Open Public Meetings Act b. Training: Annual Planning Commission Orientation 9. FOR THE GOOD OF THE ORDER 10. ADJOURNMENT Meeting Minutes Spokane Valley Planning Commission Council Chambers—City Hall January 12,2023 I. Administrative Assistant Marianne Lemons called the meeting to order at 6:00 p.m. The meeting was held in person and via ZOOM meetings. II. The Commissioners, staff,and audience stood for the Pledge Of Allegiance III. Administrative Assistant Marianne Lemons took attendance, and the following members and staff were present: Susan Delucchi Tony Beattie, City Senior Deputy Attorney Val Dimitrov, absent Chaz Bates, Planning Manager Karl Granrath Adam Jackson, Engineering Manager Walt Haneke Chad Phillips, Stormwater Engineer Bob McKinley Chad Knodel, IT Manager Nancy Miller Marianne Lemons,Administrative Assistant Daniel Wilson, absent There was consensus from the Planning Commission to excuse Commissioner Dimitrov & Commission Wilson from the meeting. IV. AGENDA: Commissioner Delucchi moved to amenctthe agenda for January 12, 2023 to add an action item prior to the public hearing for the "Election Of Officers." There was no discussion. The vote on the motion was five in favor, zero against and the motion passed V. MINUTES: Commissioner Miller moved to approve the December 22, 2022 minutes as presented. There was no discussion. The vote on the motion was five in favor, zero against and the motion passed VI. COMMISSION REPORTS: There were no Planning Commission reports. VII. ADMINISTRATIVE REPORT: Planning Manager Chaz Bates reported that two new members have been appointed to the Planning Commission. The new members are Val Dimitrov and Daniel Wilson. They were unable to attend the meeting due to the short notice but will be at the next meeting. He also let the Commission know that the Planning Commission meetings will be held at Centerplace beginning in April due to repairs to be performed on the Council Chambers. VIII. PUBLIC COMMENT: There was no public comment. IX. COMMISSION BUSINESS: a. Election of Officers 1-12-2023 Planning Commission Minutes Page 2 of 3 Administrative Assistant Lemons called for nominations for the office of Chair. Commissioner Delucchi nominated Commissioner Granrath. Commission Granth nominated Commission Haneke. The vote on the motion to nominate Commission Granrath was five in favor, zero against and the motion passed. Per a unanimous vote, Commissioner Granrath was appointed the Chair for 2023. Administrative Assistant Lemons called for nominations for the office of Vice-Chair. Commissioner Granrath nominated Commissioner Haneke. There were no other nominations. The vote on the motion was five in favor, zero against and the motion passed. Per the unanimous vote, Commissioner Haneke was appointed the Vice-Chair for 2023. b. Public Hearing: CTA-2022-0004—Stormwater Management Regulations Update The public hearing was opened at 6:09 p.m. Engineering Manager Adam Jackson gave a staff presentation. He stated that the Washington Department of Ecology defines stormwater as rain and snow melt that runs off rooftops, paved streets, highways,and parking lots. The governing authority regarding stormwater is the Department of Ecology. He explained that the proposed code text amendment is to make sure that the text in the Spokane Valley Municipal Code(SVMC) has the specific language that the Department of Ecology requires. Stormwater Engineer Chad Phillips explained that the changes look extensive on paper but that most of the information has already been adopted in previous ordinances and stormwater standards. This code text amendment will clean up the code so that the information is all in one location and will adhere to the Ecology permit requirements. Mr. Jackson explained that to meet the Ecology deadlines for this code language change,the City is requesting that the public hearing is held, a decision is determined, and the findings of fact approved all at one meeting. There was no public comment offered on the matter. The public hearing was closed at 6:44 p.m. Commissioner Haneke asked how Section 22.150.030 policies and standards are regulated and reviewed once they are adopted. Mr. Jackson answered that the Stormwater Management Regulations and the Street Standards are all adopted through a process that goes through the Planning Commission and City Council. Any changes or adoptions would have to follow that public process. Commissioner Haneke expressed concern regarding Section 22.150.110(C)5 that states: The planned discharge shall be dechlorinated to a concentration of 0.1 ppm or less. He explained that typically the water in Spokane Valley homes is chlorinated to 2.0—2.5 ppm. Mr. Jackson responded that according to Ecology rules, any discharge must meet 0.1 ppm to be compliant. The Stormwater Utility Manager must educate and inform the public on what the State requires. Commissioner Haneke and Commissioner McKinley expressed concern that there is language in the code that is very vague and ambiguous. Commissioner Miller pointed out a typographical error on page 3. Commission McKinley moved to recommend approval of CTA-2022-0004 to the City Council based on the findings presented in the staff report. Commissioner Haneke moved to amend the motion to add the correction to the last sentence of the first paragraph to Section 22.150.080 to add the word "personnel" after City. There was no discussion on the motion to amend. The vote on the amendment motion was five in favor, zero against and the motion passed. 1-12-2023 Planning Commission Minutes Page 3 of 3 The vote on the main motion was five in favor, zero against, and the motion passed. A recess was taken at 6:53 p.m. so that the staff could prepare the Findings of Fact for CTA-2022-0004. The meeting was called back to order at 7:07 p.m. c. Findings of Fact: CTA-2022-0004—Stormwater Management Regulations Update Planning Manager Chaz Bates presented the Findings of Fact for CTA-2022-0004. He explained that the Dept of Ecology has a short deadline for the adoption of the code changes, so the Findings of Fact were presented immediately after the public hearing for approval. Commissioner McKinley moved to approve the Findings and Recommendations for CTA-2022-0004 as presented. There was no discussion. The vote on the motion was five in favor, zero against and the motion passed. X. GOOD OF THE ORDER: There was nothing offered for the Good Of The Order. XI. ADJOURNMENT: Commissioner McKinley moved to adjourn the meeting at 7:10 p.m. The vote on the motion was five in favor, zero against and the motion passed. Karl Granrath, Chairman Date Signed Marianne Lemons, Secretary CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: January 26, 2023 Item: Check all that apply: ❑consent ❑ old business ®new business ❑ public hearing ❑ information® admin.report ❑ pending legislation FILE NUMBER: N/A AGENDA ITEM TITLE: Open Government Training DESCRIPTION OF PROPOSAL: N/A GOVERNING LEGISLATION: Open Public Meetings Act(chapter 42.30 RCW); Public Records Act (chapter 42.56 RCW);chapter 42.23 RCW. BACKGROUND: In Washington,there are numerous laws to promote transparent and open government by the legislative and appointed bodies that serve the people. These laws include the Open Public Meetings Act (chapter 42.30 RCW), the Public Records Act (chapter 42.56 RCW) and various laws setting forth ethics requirements for municipal officers. As members of an appointed body, Planning Commission members are subject to the requirements set forth in these laws. Staff will provide training and overview on the various open government laws for Planning Commission members to meet training requirements for the Open Public Meetings Act and to educate members on the other open government requirements. RECOMMENDED ACTION OR MOTION: N/A STAFF CONTACT: Tony Beattie, Senior Deputy City Attorney ATTACHMENTS: PowerPoint Presentation RPCA for 2022 Open Government Training Cary Driskell City Attorney, City of Spokane Valley Tony Beattie Senior Deputy City Attorney, City of Spokane Valley January 26, 2o23 City of Spokane Valley-Office of the City Attorney „kitxdc4 .s..its 4 y iiblic Records Act — ' ” Historical background • Adopted in 1972 by Initiative 276. • Codified under chapter 42.56 RCW. • Applies to state agencies and local agencies, sub-agencies, quasi- governmental entities, and non-profits who are functional equivalent of government. City of Spokane Valley-Office of the City Attorney 2 Stronglyworded mandate - statute "The people of this state do not yield their sovereignty to the agencies that serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may maintain control over the instruments they have created." RCW 42.56.o30 City of Spokane Valley-Office of the City Attorney 3 r , ", ,,,,,,: „. k„...... ,_. _ , __ " Public Record " definition Relevant portion of definitions states as follows: "Public record" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. City of Spokane Valley-Office of the City Attorney 4 `,rer s.._ - _ - - -. --- " Public Record " definition Most important parts are: (1) "writing" that contains (2) "information relating to the conduct of government or the performance of any governmental or proprietary function" and which is (3) "prepared, owned, used, or retained by any state or local agency". City of Spokane Valley-Office of the City Attorney 5 fi "Writing " - electronic • E-mails; • Tweets; • Text messages; • Transitory postings on Facebook and other social media; • Meta-data; and • Police/security video. City of Spokane Valley-Office of the City Attorney 6 Public Record (writing) versus Information • PRA only requires disclosure of public records • Information is not a record and therefore not subject to required disclosure • Information is material or data that is not part of an identifiable record • E.g., City population, who is the mayor, how many employees • However, City policy and customer service standards provide for employees to provide information as requested City of Spokane Valley-Office of the City Attorney 7 dif - inition "relating— togovernment" and used by govern ment" • Location not critical factor, nature of record is what is critical (relates to conduct of government or performance of governmental or proprietary function and prepared, owned, used, or retained by City). • 2nd Prong - "relating to conduct of government" - • Records contain any information that refers to or impacts the actions, processes, and functions of government. • Nissen v. Pierce County, 183 Wn.2d 863 (2o15) • 2nd Prong casts broad net - Supreme Court has suggested that union emails on agency server/network about working conditions could be public records. • Serv. Emps. Int'l Union Local 925 v. Univ. of Wash. 193 Wn.2d 86o (2019) City of Spokane Valley-Office of the City Attorney 8 v rnment" and " used by t relaten to o e government" cont . • 3rd Prong - for records on personal devices, consider whether record was created within "scope of employment" or "scope of official capacity" • Job requires it, the employer directs it, or it furthers the employer's interests • Nissen v. Pierce County, 183 Wn.2d 863 (2015) (County business on personal phone is public record); West v. City of Puyallup, 2 Wn. App. 2d 586 (2018) (City Councilmember campaign Facebook page not public record) • Personal computer or phone of Planning Commission • Text messaged from personal phone of Planning Commission • In possession of third party contractor • Available from another entity City of Spokane Valley-Office of the City Attorney 9 pfinft o n — "relating-te-governm " used by overnment — cont . � • No Constitutional privacy rights for public records on private devices, private emails, or private texts • Must conduct reasonable search where records are likely to be located. • If we know or learn of facts that suggest a search of an additional location or source might reasonably be expected to uncover responsive records, we must make that extra search. • PRA requires employees/agents/officials to conduct a search of their own files/devices, submit any public records, and submit a reasonably detailed affidavit attesting to the nature and extent of the search City of Spokane Valley-Office of the City Attorney io Best Practices • City provided email • City retains all emails on network so no need for you to retain it • Separate USB/Folder for all Planning Commission work • One location to search for any responsive records • No texts or social media regarding Planning Commission work City of Spokane Valley-Office of the City Attorney 11 F'r Agency Rules • Local governmental entities are mandated to adopt and enforce reasonable rules governing how the agency shall respond to requests. RCW 42.56.ioo. • Spokane Valley has done that through adoption of SVMC 2.75. • City Clerk is the City's designated Public Records Officer. • Requestors may request copies or to view records. Have requestors work with City Clerk's office to set up viewing appointments. City of Spokane Valley-Office of the City Attorney 12 Form of the record request • No specific form necessary • Can be oral, but agency should memorialize in writing for protection and clarity • Request must provide "reasonable description" to be able to locate the record • Sufficient clarity to give agency fair notice a PRA request has been received as opposed to other request City of Spokane Valley-Office of the City Attorney 13 tx , r responpt Must respond within 5 business days by: (i) providing the record; (2) providing an internet address/link to website for specific records; All City ordinances, resolutions, and contracts are online, as well as many other major documents such as the Comprehensive Plan (3) acknowledging that the [agency] has received the request and providing a reasonable estimate of the time the [agency] will require to respond to the request; (4) acknowledging that the [agency] has received the request, requesting clarification, and providing a reasonable estimate of the time the [agency] will require to respond to the request if clarification is not provided; or (5) denying the record request. City of Spokane Valley-Office of the City Attorney i4 discloiJFéättörneVTiènt ptfrom information privileged • RCW 42.56.o7o(1) contains what is commonly referred to as the "other laws" exemption to disclosure. It specifically states in pertinent part that "each agency . . . shall make available . . . all public records unless [exempt under the PRA] or other statute which exempts or prohibits disclosure of specific information or records." • RCW 5.60.o6o(2)(a) states that "[a]n attorney or counselor shall not, without the consent of his or her client, be examined as to any communication made by the client to him or her, or his or her advice given thereon in the course of professional employment." City of Spokane Valley-Office of the City Attorney 15 • ¢fs ormation not protected -examples • Council, Planning Commission, and employee names; • Council and employee salary; • Council and employee benefits; • Employee vacation/sick time used; • Council, Planning Commission, and employee work e-mail address; • employee length of service; and • Birthdates - Ongoing cases/legislation regarding birthdates. City of Spokane Valley-Office of the City Attorney i6 i • x wrrãThes and Attorney rs Fees • City cannot require requestor to complete an administrative appeal process before filing lawsuit. • RCW 42.56.550(4) provides that it "shall be within the discretion of the court to award such person an amount not to exceed one hundred dollars for each day that he or she was denied the right to inspect or copy said public record." • how much of a fine to assess is based on two steps: (i) count the number of days the party was denied access to the records; and (2) determine the appropriate per day penalty, up to $ioo per day depending on the nature of the denial. • The prevailing party is entitled to "reasonable attorney fees" and costs of suit. City of Spokane Valley-Office of the City Attorney i7 �__ >: :, . . A _ _ __ _ Penaltyer document orper request ? p • Until 2°16, the rule was that the daily penalty applied to the request, not per document. Yousoufian v. Sims, 152 Wn.2d 451 (2oo4). • State Supreme Court ruled that it is within the trial court's discretion to assess a daily penalty for each page of each document wrongfully withheld, depending on the circumstances (i.e. how egregious the violation was). City of Spokane Valley-Office of the City Attorney i8 ....___. .....,---------..-• '------s=iiii'-- � ow muc pEDetirmining „ ieter • Factors used by Courts to determine amount of penalty • Yousoufian v. Sims (V), 168 Wn.2d. 444 (2o1o) • 7 mitigating factors • Examples: good faith, honest, timely, and strict compliance with all the procedural requirements and exceptions; proper training; reasonableness of reason for noncompliance; tracking systems • Size of agency is a valid consideration • 8 aggravating factors • Examples: lack of strict compliance; lack of proper training; negligent/ reckless/bad faith/intentional noncompliance with the PRA; potential for public harm; deterrent effect City of Spokane Valley-Office of the City Attorney 19 A ` best practices"encg v 1. Entity management attitude; 2. Training; 3. Prioritizing requests; 4. Tracking requests; 5. Effective monitoring; 6. Central point of contact in the agency; 7. Visible signage; 8. Transparency and communication; 9. User-friendly website; io. Good records management and information technology; ii. Appropriate copying charges; 12. Using the installment method for large requests; 13. Communicate agency appeal process for record denials; and 14. Documenting the request process. City of Spokane Valley-Office of the City Attorney 20 éporting/Iog re uirements q • Logs of public record requests and responses RCW 4o.4.o26 • ID of requestor, date request was received, text of original request, description of the records produced, description of records redacted or withheld and reasons, and date request was closed • Annual reports to JLARC • $ioo,000 threshold • 15 different metrics City of Spokane Valley-Office of the City Attorney 21 Questions on the PRA? City of Spokane Valley-Office of the City Attorney 22 City of Spokane Valley Office of the City Attorney PY The Public Meetings Act OPMAOpen • Washington State law enacted in 197i. • Codified under chapter 42.3o RCW. • Applies to all city and town councils, and many subordinate city and town boards and committees. • Applies to planning commissions, lodging tax advisory committees. City of Spokane Valley-Office of the City Attorney 24 _ _ _ Purpose of OPMA • Governments "exist to aid in the conduct of the people's business." RCW 42.3o.oio. • "The people of this state do not yield their sovereignty to the agencies which serve them.' Id. • "The people, in delegating authority, do not give their public servants the right to decide what is good for the ,people to know and what is not good for them to know. Id. • "The people insist on remainin informed so that they may retain control over the instruments they have created.' Id. • Goal is transparency and public trust. City of Spokane Valley-Office of the City Attorney 25 s'fic: } _ _ _ OPMA requirements OPMA requires that: • All meetings of the governing body shall be open to the public. • All actions taken by such bodies shall be done at meetings that are open to the public. City of Spokane Valley-Office of the City Attorney 26 What is a " meeting " ? • There must be a "meeting" in order to trigger the requirements of the OPMA. • "Meeting" means meetings at which action is taken; • "Action" means the transaction of the official business of a public agency by a governing body including but not limited to receipt of public testimony, deliberations, discussions, considerations, reviews, evaluations, and final actions; • Physical presence is not required (email, phone call). • Majority (quorum) implicates "meeting" rules. City of Spokane Valley-Office of the City Attorney 27 ake What is a " meeting " ? cont . • Courts have ruled that "serial meetings" are "meetings" under the OPMA. • What is a serial meeting? • One Commissioner speaks with two other Commissioners about particular City business. Unbeknownst to the original Commissioner, a fourth Commissioner also speaks to the two other Commissioners about the same City business. • So now all four Commissioners, which constitutes a quorum, have discussed the City business and have done so outside of an open public meeting. • Best practice: Conduct all discussions in public meetings. City of Spokane Valley-Office of the City Attorney 28 What is a " meeting " ? ( cont . • Email and other electronic communications (e.g., texts or social media) may constitute a meeting which violates the OPMA if it goes back and forth. • Solely receiving information is not a violation. Responding to email could be a violation depending on the circumstances. • It is not necessary that a governing body take "final action" (a vote) for a meeting to be subject to the OPMA. • Discussion regarding City matters is "action." • Requires notice as a public meeting if a quorum of members are present for the discussion. City of Spokane Valley-Office of the City Attorney 29 ..a L--- ,tea ' c' _ _ ^: .'. 1111111111111111 _ _ _ __ _ at is not a " meeting " • What is not a meeting: • If City matters are not discussed, then the gathering is not a "meeting" subject to OPMA (even if a quorum is present). • Examples: • Social gatherings if City business is not discussed; • Gatherings before or after official action (such as the time prior to Planning Commission meetings) so long as City business is not discussed; • Meetings of other government agencies (BoCC, chamber of commerce), so long as the Council/Commission members do not discuss City business amongst themselves. • Perception still important. City of Spokane Valley-Office of the City Attorney 3o Procedural Requirements for Meetin s � • Some general requirements: • Notice; • Open to public; • Votes cannot be by secret ballot; • Member of public cannot be forced to give their name or other information as condition of attendance (can condition a person's ability to speak at the meeting on providing information). • RCW 42.3o.24o: "Except in an emergency situation, the governing body of a public agency shall provide an opportunity at or before every regular meeting at which final action is taken for public comment." City of Spokane Valley-Office of the City Attorney 31 • -'--C ---- PMA exemptionsexce tions and p • No City business = OPMA not implicated. • If no official business of City is transacted, OPMA does not apply. • Public perception is a separate consideration from what is legal. • Active preparation for litigation. • Executive sessions (generally only applies to City Council): • ii+ specific circumstances, defined by statute • Closed session (OPMA simply does not apply) (generally only applies to City Council) • RCW 42.3o.i4o (quasi-judicial matters and collective bargaining issues) City of Spokane Valley-Office of the City Attorney 32 OPMA penalties • Effect of penalty • The penalty for a violation of the act is direct: any action taken in violation of the OPMA is null and void; • "Any person" may bring the action in superior court. • Individual liability. • $50o penalty for first violation if they attend with knowledge that the meeting is in violation of the Act, and si,000 for subsequent violations. • City liability. • Liable for all costs, including reasonable attorney fees. City of Spokane Valley-Office of the City Attorney 33 ., ..„ •-- ,.. _ ___________ _______ ___ _ Questions on OPMA? City of Spokane Valley-Office of the City Attorney 34 c fi11„. Appea IVIun _.... , . . _ .. _. City oESpokane Valley-Office of the City Attorney Conflicts of interest • "The general rule for specific prohibitions against conflicts of interest is that a public official may not exercise his or her office to confer a personal benefit upon him or herself. This rule is grounded on the fundamental principle that public officers hold a public trust. Under this principle, public officers are held to a standard of behavior that does not undermine, provide an opportunity to undermine, or appear to undermine that trust." • Excerpt from publication on conflicts of interest by Bob Meinig, Municipal Research Services Center • Various statutes provide restrictions on specific conflicts. • Most related to financial benefits 36 Conflict of interest — now what ? • A Planning Commission member who believes they may have a conflict should contact City staff prior to meeting, if possible, to discuss. • If a Planning Commission member believes they have a conflict of interest problem should announce the conflict, then leave the room while that matter is being considered by the Commission, and not participate in any way in communications or in the decision-making process regarding the matter. 37 Appearance of Fairness doctrine • Applies only to quasi-judicial matters and not to legislative ones. RCW 42.36.oio. • Doctrine requires government decision-makers in quasi-judicial matters to conduct hearings and make decisions in a way that is fair to others in appearance and fact. • Test for fairness: would a fair minded person in attendance believe that: (i) everyone was heard who should have been heard, and (2) the decision-makers were impartial and free from outside influences? City of Spokane Valley-Office of the City Attorney 38 r ARg Examples ofquasi -judicial actions . • Quasi-judicial (handled by City Hearing Examiner): • Subdivision approvals; • Preliminary plat approvals; • Conditional use permits; • Variances; • Rezones of specific parcels; and • Discretionary zoning permits if hearing required. • Not quasi-judicial: • Adoption, amendment, or revision of comprehensive plans; • Adoption of area-wide zoning ordinances; and • Adoption of area-wide zoning amendments. City of Spokane Valley-Office of the City Attorney 39 _ _ M u n i c ip a l Officer Code of Ethics - RCW 42 . 23 . 070 • Prohibited Acts for Municipal Officers: • Cannot use position to secure special benefits • Cannot receive gifts related to scope of position • No disclosure of confidential information 40 Questions on Role, Conflicts Ethics and Appearance of Fairness ? City of Spokane Valley-Office of the City Attorney 41 CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: January 26, 2023 Item: Check all that apply ❑ old business ❑new business ❑ public hearing ►1 information ❑ study session ❑ pending legislation AGENDA ITEM TITLE: Annual Planning Commission Orientation GOVERNING LEGISLATION: RCW 35A.63.020,chapter 18.10 SVMC,Planning Commission Rules of Procedure, Robert's Rules of Order. PREVIOUS COMMISSION ACTION: None. BACKGROUND: Each January as new members are appointed to the Planning Commission staff provides an overview of various topics to assist the Commissioners in performing their duties. The discussion will focus on the Comprehensive Plan, the Planning Commission Rules of Procedure and Roberts Rules of Order,and an introduction to projects currently under review by the planning staff. The Comprehensive Plan is the key document to guide growth consistent with the goals and policies established through a public participation program. Staff will provide an overview of the 2016 Comprehensive Plan and major policy shifts that document made to the prior 2006 Comprehensive Plan. Staff will also provide a high-level review of major changes to the Comprehensive Plan and development regulations since 2016. Pursuant to SVMC 18.10.030 the Planning Commission is required to adopt rules and procedures to conduct business. Robert's Rules of Order are used to ensure the meetings are conducted in a fair and orderly fashion. Staff has compiled this presentation to provide an overview of the Comprehensive Plan,role of the Planning Commission,the Rules of Procedure and discuss items that may come before the Planning Commission in 2023. OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: Discussion STAFF CONTACT: Chaz Bates,Planning Manager;Tony Beattie, Senior Deputy City Attorney RPCA Planning Commission Roles,Process,and Rules of Procedure Page 1 of 1 Comprehensive Plan Orientation and Planning Division Overview January 26, 2023 Chaz Bates, Planning Manager History Refresher Sliokane • Incorporation 2003 Interim Comp Plan/regulations 2003 Comp adoption ado tion 2006 Implementing regulations adoption 2007 • Periodic update 2016 Implementing regulations po ant, a ey. . - Comprehensive Plan FEIS • 2017-2037 • ADOPTED:DECEMI3ER 2016 ORDINANCE NO.16-0% 1/26/2023 Planning Commission Role and Public Hearing Process Comprehensive Plan Basics 1 i a Vision for CitY's growth ▪ Adopted and amended with public participation 6 " Goals, policies and strategies n • Comprehensive Plan Elementso Economic development a,, . . Land Use - Transportation -�, T ;,F,. '' Housing :. Capital facilities po"ane" al ey Public and private utilities Comprehensive PI: Parks and Open Space • 2017-2037 d • ADOP FED.DECEYD3ER 2016 Natural resources ORDINANCE N0.16-01E3 o 1/26/2023 Planning Commission Role and Public Hearing Process Land Use Map and Zoning Map Comprehensive Plan Designation Zoning Districts R-1 - Single-Family Residential Estate Single Family Residential (SFR) 4 R-2 - Single-Family Residential Suburban -� R-3 - Single-Family Residential 4 R-4 - Single-Family Residential Urban Multifamily Residential (MFR) = '. MFR - Multifamily Residential Neighborhood Commercial (NC) 4 NC - Neighborhood Mixed Use Mixed Use (MU) MU - Mixed Use Corridor Mixed Use (CMU) CMU - Corridor Mixed Use Regional Commercial 4 RC - Regional Commercial A -~' Industrial Mixed Use (IMU) -) IMU - Industrial Mixed Use Industrial (I) 4 I - Industrial Parks, Recreation, and Open Space (POS) 4 P/OS - Parks/Open Space 1/26/2023 Planning Commission Role and Public Hearing Process 2016 Periodic Update Summary PRIMARY LEAD& STRATEGY RELATED ELEMENT(S) TIMING PRIORITY ELEMENT PARTNERS • Under take acomprehernive branding process to Economic Development focus create and market an identity for Spokane Valley • E.D.Division: 2017 HIGH that sells the City's inherent assets to would-be Economic • • Visit Spokane residents.employers and visitors Development • Data driven ED.Division; Continue participation in regional tourism-pro. • ValleyFest.Visi[ motion efforts and irxrease the City's presence In Economic • ^gam HIGH Spokaneission • Concise and understandable regional events Development Commission Evaluate the return on investment of potential • tourism anchors and allocate available funds ED.Division Mb HIGH G H Economic •• • �• Visit Spokane according to the findings Development ■ Includes strategic actions Consider using GIS and web-based technologies to • assist business development Economic 0 ED.Division 2018 HIGH Development • Combined goals and policies • E.D.Division: Intensify targeted retail recruitment efforts Economic •• = • Consultant 2019 MEDIUM Development Evaluate local interest in the creation of a Business • E.D.Division; 2019 MEDIUM Improvement District Economic • • • Spokane County Development 1/26/2023 Planning Commission Role and Public Hearing Process 2016 Periodic Update Summary . _ . .. . .. .._. ... ... . _ _. . ______ 11 Commercial Opportunities ... . -4e— N d'hl m.:__.. — -__ 'O- . uiulw �- �— r w.111�1 .� fir. Office -� C M U �' — ® __ ---,. - rr Neighborhood Commercial90 tl �'— ;,;;;;;;! JIM-. f !tea �_ . w.. v- t " 11 _ • r Transitional Provisions IN' �� h;� �� I:1 . '� ►•— ':.� t '� * 1I I l am- iii.iL: Created a single Industrial ' =1., I"• == _ g I� _ 1 - = .:.m:1n11111iii. 11111111;:021 uIII designation/zone : Ain Ilse !1__•11'_1�I :IlIl.i .1■•:I run P1 ... '-..: iplir : . _ _...... -- Combined LI in '. �11. '�� _ f ti.. *-Ili'• {K(•_ �9/: • /i+-�. -�_i11111111-.`l •.•l,.;'• ��III �"I '• '-' . - '►''. ,u i. I11�-"M'F WA.,==moon Created Industrial Mixed Use s 'Al! _;1 °�°N-'° _II i its • . f ii .iisr...it Along Trent replaced CMU, MU 11 • .',....- .' 2 e .�.. `i _ICI:ai .....•,.11•.. 1' ( -'-r.i Yin..L i. II I ._ . z„.I„,P...wr 1111111111•1111111� XI 1/26/2023 Planning Commission Role and Public Hearing Process 6 2016 Periodic Update Summary a�xf-ors.. .. _. .-. 4 ... Reduced the number of Comp Plan Designations and Zoning Districts 12 Designations and 17 Zones 4 9 Designations and 11 Zones --.,l .- 1 / - s.,4_:....: . , �F it-.' k I;/'n ,ice' f` [ S , fr-) i ,---'_,, [_:i ;: "'idicy .IV —: �Rl� _. :' i 2 t rv�� lir yid Y Jo . IN .� Pa Comm•r4MMrlNN•srs wa....r.- caryr••YEW k.,j-j Y ru. am•dmw•.••ra•wrw•IIM o»..•.---. • •wow uruwrrsn --- In.....a.. =.•. --. 4'Mr" -rrwir.•WI, MI....•..•. -....... Mil'W.." -rr. NE � Ell � ............ 1 Elanrrr•r -r w.'awism 1/26/2023 Planning Commission Role and Public Hearing Process 2018 Planned Action Ordinance - NIA o Supports economic __ __ • opportunities and TTT»' employment I PAO -- r Boundary 1 �Se" ,� �- Ill Incentive for development � _ _ _ � '' - P BNSF Mainline `1 'l. a :° 11 Reduce risk and create r � predictable permittin ,T.. --„,, ,.. +.y , 1 ... f d� i i I procedures r I,iw. -1"s • .t�.I� `i kM '� t o _w►�. .ml� s+�I1•As • Makes costs and expected ;;: � , City p .,y_f : L _, _ 1- Limits re uirements known early " ' "�• —tu ' q Xilli . r r� = • Identifies needed capital ; -_- ,�" `� " improvements ! . 1/26/2023 Planning Commission Role and Public Hearing Process 8 2020 Creation of Urban Residential Zone ( R-4) 14 Incentivizes residential � e L ,... development _ --. - rioi g, Increases densityin `' ,i � areas with high � � ji• -ffik, ,.. _ [ performance transit I.r-'' r � and services w-, -. ,:-..it,04.,allihMs_atfil*O; - x Establishes a minimum 1 lot size for duplex II- H development. 1 J 7'444k. STA Frequent Service(15 min) STA Basic Service O 1/26/2023 Planning Commission Role and Public Hearing Process 9 2021 Adoption of CommunityRegsServices IParks and 2 Applies to. Open Residential Mixed Use Commercial Industrial Space Emergency housing R-1 R-2 R-3 R-4 MFR MU CMU NC RC IMU I POS Community Services - Emergency Shelters C'ommunity hall,cluh,or lodge PPP P P P P P ChTransitional Housing and house temple,ofwo mosque,synagogue P P p P p P P P and house of worship Permanent Supportive Crematory P P P P I•:mergencs housing S l S S S Housing f:merccncc shelter S S S S S Funeral home P P Transitional Parking Permanent,unnortive housing S S S S S S S S S S S Regulations Transitional housing S S S S SC S `S S S S S Transitional Parking S S S S S • Administratively approved ■ Coordinated Entry (CM IS) • Required for all providers 1/26/2023 Planning Commission Role and Public Hearing Process i Annual Comprehensive Plan Amendment Process Initiated by: COMMUNITY AND PUBLIC WORKS - Property owners/representatives j ley' DEPARTMENT - Citizens, agencies, neighborhood NOTICE OF CITY OE SPOKANE VALLEY'S ANNUAL COMPREHENSIVE PLAN AMENDMENT CYCLE City The City of Spokane Valley is providing notice that the application window for the 2020 Comprehensive Plan Amendment cycle will close on October 31,2019. Completed applications must be received by 5100 p.m.on October 31,2019 to be ■ Application deadline considered during the 2020 amendment cycle. Applications received after October 31,2019,will be docketed for consideration during the 2021 amendment cycle.All proposed amendments to the Comprehensive Plan require a pre- application conference prior to submitting an application. Notice published 6 0 d ays prior Nov 1 The City of Spokane Valley's Comprehensive Plan is the primary policy document that governs how the City will accommodate and respond to the growth of the community over time. Notice sent to agencies, organizations, and The annual amendment cycle provides the opportunity to propose changes to the Comprehensive Plan to address changing land use conditions or emerging issues. Proposed amendments will be subject to review and a public hearing by the adjacent jurisdictions Spokane Valley Planning Commission before recommendations are made to the City Coundl. To schedule a pre-application meeting or get more information on the process and ▪ Pre-a p p required anticipated schedule,please contact Senior Planner Chat Bates at(509)720-5337 or cbates@spokanevalley.org. For more information about the comprehensive plan or application materials are docketed Pleasevsl[wwwspokanevalleyorgcp. E Complete application(s) 1/26/2023 Planning Commission Role and Public Hearing Process 11 our Process for CTAs , CPA , _ . _ _ _ ..... ii Pre-Application Meeting rA Environmental Determination w Application Submittal (SEPA) ■ Docket Approval Noticing (PH , Commerce) PC PC PC City Council City Council City Council Study Public Findings Admin 1st Reading 2"d Reading Session Hearing Report i 1/26/2023 Planni g Commission Role and Public Hearing Process 12 GMA Periodic Update Summary • Required 10 years Due June 30, 2026 (RCW stx►.M,t, 36.70A.130) it' ■ Review for consistency with the Clall - i Jefferson f GMA and updates ORA) tt - . I :� Mason f, 13 Periodic Update Process EteIC Thurston I1 Establish work program/schedule �e11,,8 C-- 1 , � 1; Review reviseplans and regulations kra * * t - , / g * Conduct Public Engagement Submit notice to State 2024 Due December 31" 2025 Due June 30" 2026 Due June 30 U 2027 Due June 30^ — Take action on amendments ' *Starred counties are partially planning under the Growth Management Act 1/26/2023 Planning Commission Role and Public Hearing Process 13 Minimum Topics to review and revise • RCW 36. 7OA.070 (HB 1220) Plan for all income brackets SVMC Community Services '•)`'v°�k Middle housing types Racially disparate impacts and displacement • ® Update land capacity analysis (LCA) Review mandatory elements for consistency 3 ` , • Review and revise development regulations T-; . , • Other Potential ruder tn�ctith �� Management Act ADUs owner occupancy, limiting short term rentals Fully Ph-inning Counties BCrnes More Housing types in more areas wovta =,=,, M FTE 1/26/2023 Planning Commission Role and Public Hearing Process 14 Planning Commission • Concept created in the early 1900's � . o,�,. Syr .w► • citizens can best objectively review and :�=�=...— -•.� '`''��w-�-� �' ..te r- ' •"'`. „�:� . ~�`„F"•• recommend regulations :,.. •� �. �; ,, free of political influence �tr.14 t, ( NNING .-----__ • Washington State law prescribes broad •-=. `1 d + ram 1'"' `iti - '"-.. � duties for a planning commission -��. ~ ill] . ili L i Chapter 35.63 RCW �. remAl M,+."•. • Hold public hearings and make 440 • w-- M recommendations to City Council on . r.M.--- --,._ - comprehensive plan/development `�� regulations. O Provides advice and recommendations (to elected officials). 1/26/2023 Planning Commission Role and Public Hearing Process Public Meetingand Public Hearings a Elect a knowledgeable and fair Chairperson. ,� % -441p. '°;:7 114'r' '•'" ▪ For public hearings especially, focus on and speak ` • 1 `• t ''• i. ;, ' g �:-. to the decision criteria. f s. ° ' "-- ▪ Be familiar with by-laws, rules of procedure. 2.: •id ' ' '"= ✓ Listen (Key responsibility to the public is to hear all �.� - - ,;�;5it.ii.' -• sides) -' _� �. ▪ Educate yourself and ask questions (in advance of . �_- M:;;• ..�� isr meetings) 1( Be prepared (read packet/staff reports in advance) Cie ii - �"'. t.400 ♦ E Watch your body language ti .u.61� -tip I Attend and Contribute - explain your decisions _ r - � What you say will go on the permanent record... " Planning Commission Role and Public Hearing Process Rules of Procedure - Generally Resolution 2 0-0 0 3 adopts the • CITY ORSPOKANE VALLEY SPOKANE COUNTY,WASHINGTON RESOLUTION 20-003 Spokane Va I I ey Planning A RESOLUTION OF THE CITY OF SPOKANE VALLEY,SPOKANE COUNTY,WASHINGTON,ADOPTING THE CITY SPOKANE VALLEY PLANNING COMMISSION RULES OF PROCEDURE; AND OTHER MATTERS RELATED THERE TO. Commission Rules o f Procedure. S WHEREAS,Spokane Valley Municipal Code Section 1g 10.030 Spokane Valley Miming Commission and mandaus that the Planning establishes the rules fur toles and Procedure as arc City Cowreil;and nY for the conduct of tries ^g Commission shall adopt s,subject to the appmval of the WIIRRI: " Robert's Rules o f Order shall 2012,which were a ro ed y Planning Cumm until last October its 012; of acre approved by the City Council on October 30,2012;and Procedure nn July 26, WI IEREAS,the Planning Commission govern the conduct of all public 92�wh�hprowded cl�f��and R°� ta NOW °�°tnl�rrr°le,nnJ��r y T7 tr;REFORE,be it resolved by the City Council of the City Spokane Valley, Spokane Comity,Washington as follows; Iar Section I. Adomjen meetings of the Commission except Spokane Valley City Council hereby adopts Vhe S Pls ^ om iss• R e°of .s he of Procedure as recommended b a Spokane Valley Planning Cummrssion Rules of 4 Any hereto andore mat a y the Planning Commission on Janus Y e Pan hereof. January .2020,which are attached Section 2. pj1 0.o PI when they conflict with these Rules previously"d^pkd versions of the Planning C 6Ie�Ru1 ° a which adopted those previous versio a, b ommissrmr Rules of Procedure d t resolutions n ate herchy repeal.'in their entirely. of Procedure. " adoption.00tlon 3 vc at Iles Resolmion shall be in full force and effect upm Adopted this 24th day of March,2020. ATTEST: CITY OF SP0ICANE VALLEY Ike wick,Mayor Approved as to form: Office p the C' Attorney Resolution 20-003• Adopting Planning Commission Rules of Procedure 1/26/2023 Planning Commission Role and Public Hearing Process 17 Conduct of Hearings ▪ All comments shall be made from the speaker's podium . ill Anyone, whether a proponent or opponent or otherwise can speak. • No comments shall be made from any other location than the podium . EA No applause or audience participation during or at the conclusion of anyone's presentation. E Limit to three minutes per person, but this can be extended by majority of the Commission . • The Chair can control the order of the speakers. 1/26/2023 Planning Commission Role and Public Hearing Process Conduct of Heanngs continued 1. The Chair opens the public hearing, stating the time. 2. Staff describes the matter and places the issue and relevant documents into the public record. 3. The Chair provides the Commission members an opportunity to ask questions of staff. 4. Proponents, opponents, and the public are allowed to offer testimony and evidence. 5. Questions may be asked of the public participants. 6. After public testimony, the Chair asks staff if there is any other information to provide for the record. 1/26/2023 Planning Commission Role and Public Hearing Process Conduct of Hearings continued • Two options at the conclusion of public testimony: Continue the public hearing to another date and time. Close the public hearing and state the time. ▪ If there is a need to continue the public hearing beyond the timeframes of the current meeting, it may be continued to another date and time. This should occur prior to closing the hearing. • If the public hearing is closed , additional testimony may not be requested or considered. However, the Chair may declare that the public hearing will remain open until a future date to receive written testimony or materials. 1/26/2023 Planning Commission Role and Public Hearing Process Conduct of hearings continued • The Chair will inquire if there is a motion by any Commission member. • After a second , deliberation will occur. • The Chair will moderate the discussion and inquire as to any further comments by Commission members. is The Chair will inquire if the Commission members are ready for the question. El The Chair will call fora vote on the motion and announce the outcome. 1/26/2023 Planning Commission Role and Public Hearing Process Main motions Best practice would be to hold votes until there is a majority voting in favor of one of the options. If all three motions fail, the proposal will go to City Council with no recommendation. n Three options 1. I move to recommend that the proposal be approved. 2. I move to recommend that the proposal be approved with modifications. 3. I move to recommend that the proposal be denied. 1/26/2023 Planning Commission Role and Public Hearing Process Ending debate A member of the Commission may motion to end debate. This would be done by stating the following " I move the previous question . " Or, more simply: " I move we vote now. " P If seconded, approval of the motion to end debate requires adoption by a two-thirds vote. PI This is not a debatable motion. 1/26/2023 Planning Commission Role and Public Hearing Process Reconsideration ■ A motion to reconsider a motion must be made at the same session at which the motion was voted on. • The motion must be made by a member of the prevailing side. ;• A motion to reconsider requires a majority vote. LE Debatable • An affirmative vote on a motion to reconsider cancels the vote on the underlying action. 1/26/2023 Planning Commission Role and Public Hearing Process Rescind or amend - - al A motion may be rescinded or amended at any time after a vote. sl Unlike reconsideration , this type of motion can be made by any member of the Commission . Require a two-thirds majority vote unless (1) sufficient notice was provided , and (2) all members are present who voted for the motion to be rescinded. m Debatable se An affirmative vote on such a motion cannot be reconsidered. 1/26/2023 Planning Commission Role and Public Hearing Process Voting "The affirmative vote of a majority of those present shall be necessary for the adoption of any motion or other general matter. " ■ " For the conduct of business dealing with the adoption or changes to the City's Comprehensive Plan , at least four affirmative votes must be cast. No proxy shall be allowed." 1/26/2023 Planning Commission Role and Public Hearing Process Planning Projects Under Development Code Text Amendments ■ ■ ■ ■ ' ■ ' ADU Regulations DETACHED ATTACHED INTERIOR(UPPEF'LE JELi Heavy Trucks • ■ ■ ■ -- Accessory Structures ■ • ® ■ • III • I. INTERIOR(LOWER LEVEL) ABOVE GARAGE GARAGE CONVERSION Towing/Impound 1 a rd J �_ Accnsory dwelgng! (orADUs)come ma ry shape and styles. ' Studies Multiple Family Tax Exemption: Middle Housing Opportunities In approved MFTE projects, the Multi-Family Tax Exemption Programs improvement value of the housing improvement is Annexation exempted from property tax • Rules of Procedure for a period. Property tax is still collected on the remainder of the project. 1/26/2023 Planning Commission Role and Public Hearing i' Planning Division Staff CITY OF pQkafl - v# w • 4 I .111111)0e41011L • \ gt t...a . at�c.• _ a/ s..� � _ - -- 1/26/2023 Planning Commission Role and Public Hearing Process 28 Discussion spokaa�~ .jValley®