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2023-06-08 - Agenda PacketSpokane' /f Valley Notice and Agenda For Special Meeting Spokane Valley Planning Commission Thursday, June 8, 2023 at 6:00 p.m. Remotely via ZOOM meeting and In Person at: CenterPlace Regional Event Center in Room 109, 2426 N Discovery Place NOTICE IS HEREBY GIVEN that a special Spokane Valley Planning Commission meeting will be held May 11, 2023, beginning at 6:00 p.m. The meeting will be held in Room 109 at CenterPlace Regional Event Center, 2426 N Discovery Place, Spokane Valley, Washington. The purpose of the meeting is to consider the items listed below on the Agenda. NOTE: Members of the public may attend Spokane Valley Planning Commission meetings in -person at CenterPlace 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' or "public hearing " If making a comment via Zoom, comments must be received by 4:00 pm, the day of the meeting. Please email planning a),spokanevallev.ore or call the Planning Commission Secretary at 509-720-5112 to be added to the Zoom speaker list. Otherwise, comments will be taken in -person at the meeting, as noted on the agenda below: LINK TO ZOOM MEETING INFORMATION: httl)s://si)okanevallev.zoom.us/i/87146597722 One tap mobile US: +12532158782„ 87146597722# or+13462487799„87146597722# US Dial by your location US: +l 253 215 8782 US AGENDA: 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES: May 11, 2023 and May 25, 2023 6. COMMISSION REPORTS 7. ADMINISTRATIVE REPORT 8. PUBLIC COMMENT: On any subject which is not on the agenda. 9. COMMISSION BUSINESS: a. Motion Consideration: Planning Commission Rules Of Procedure Amendment (Presented By Kelly Konkrite) Public comment Opportunity b. Study Session: CTA-2023-0002 Accessory Dwelling Unit Regulations Update (Presented By Lori Barlow) 10. FOR THE GOOD OF THE ORDER 11. ADJOURNMENT I. II. IV Meeting Minutes Spokane Valley Planning Commission Room 212 — Centerplace Regional Event Center May 11, 2023 Planning Commission Chairman Karl Granrath called the meeting to order at 6:00 p.m. The meeting was held in person and via ZOOM meetings. The Commissioners, staff, and audience stood for the Pledge Of Allegiance. Administrative Assistant Marianne Lemons took attendance, and the following members and staff were present: Susan Delucchi Val Dimitrov Karl Granrath Walt Haneke Bob McKinley, absent Nancy Miller Daniel Wilson Tony Beattie, City Senior Deputy Attorney Chaz Bates, Planning Manager Lori Barlow, Senior Planner Levi Basinger, Planner Nikki Kole, IT Specialist Marianne Lemons, Administrative Assistant There was consensus from the Planning Commission to excuse Commissioner McKinley from the meeting. AGENDA: Commissioner Delucchi moved to approve the agenda for May 11, 2023 as presented. There was no discussion. The vote on the motion was six in favor, zero against and the motion passed. V. MINUTES: Commissioner Miller noted a Scribner error on page 5 of 5. Commissioner Haneke moved to approve the April 13, 2023 minutes as corrected. There was no discussion. The vote on the motion was six in favor, zero against, and the motion passed. VI. COMMISSION REPORTS: Commissioner Delucchi reported that she is reviewing HB 1337 that was passed by legislation. Chairman Granrath also reported that he is reviewing the newly passed house bills. VII. ADMINISTRATIVE REPORT: There was no administrative report. VIII. PUBLIC COMMENT: There was no public comment. IX. COMMISSION BUSINESS: 5-11-2023 Planning Commission Minutes Page 2 of 4 a. Findings of Fact: STV-2023-0001: 22nd Avenue & Glenview Circle Planner Levi Basinger presented the Findings of Fact for STV-2023-0001. The request is a privately initiated street vacation to vacate 6,900 square feet of public right-of-way south of the intersection of 22nd Avenue and Glenview Circle. He explained that the Planning Commission held a public hearing on the proposed street vacation on April 27, 2023. The Planning Commission deliberated on the street vacation request and voted unanimously to forward the request to the City Council as presented. He explained that the Findings of Fact will formalize the recommendations that were made at the public hearing. Commissioner Miller moved to approve and forward the Findings of Fact to the City Council as presented. There was no discussion. The vote on the motion was six in favor, zero against, and the motion passed unanimously. b. Study Session: CTA-2023-0002 — Accessory Dwelling Unit (ADU) Regulations Update Senior Planner Lori Barlow presented a staff report. She stated that CTA-2023-0002 is a city -initiated code text amendment to revise Spokane Valley Municipal Code (SVMC) 19.40.030 as it related to ADU standards. The proposed regulation change will eliminate the requirement that the property owner occupy the primary dwelling unit or the ADU and other matters related. Pursuant to SVMC 19.30.040 modification to SVMC Titles 17 through 24 are classified as a Type IV development application and require the Planning Commission to provide a recommendation to the City Council. Ms. Barlow explained that the reason for the change is that the requirement creates a barrier for the construction of ADU's to be constructed at the same time as a new home build. It also negatively impacts opportunities to provide affordable/flexible housing options. Ms. Barlow stated that the premise for the regulation was that ADU's were historically intended to allow for family members needing care. There are also some apprehensions about noise and negative impacts that may be caused by unsupervised renters. It allowed cities to limit the frequency of ADU's. Ms. Barlow said that the Washington Department of Commerce has identified a housing crisis and has provided a breakdown of future housing needs. The breakdown estimates that Washington will need 1.1 million housing units in the next 20 years. Ms. Barlow explained that the City developed a Housing Action Plan (HAP) that stated that the City would need 6,660 additional dwelling units by 2037 for a forecasted population of 109,913 people. However, the City is already at 107,100 people as of April 1, 2022 which is 97% of the 2037 forecasts. There have been 3401 dwelling units built since the HAP was approved so the City needs 3,059 additional dwelling units to meet the proposed need for the current population of the City. The draft regulations will be as follows: 5-11-2023 Planning Commission Minutes Page 3 of 4 • One ADU per parcel. • One off-street parking space per ADU. • The ADU must be at least 300 SF but less than 50% of the primary structure. • The footprint of the ADU cannot exceed 10% of the lot area or 1000 sf, whichever is greater. • The ADU cannot have more than 2 bedrooms. • The entrance must be located on the side or rear of the primary structure. • The ADU must be set behind the front building setback line and meet all side yard setbacks. • The ADU will only be allowed on lots with a single-family dwelling unit. • A title notice is required. Ms. Barlow highlighted that the only change to the code would be to remove the owner occupancy requirement. From 2013-2022, the City issued a total of 76 ADU building permits. Commissioner Haneke requested a breakdown of how many housing units have been built each year for the past five years. Commissioner Delucchi suggested only removing the owner -occupied requirement for new builds but keep the requirement for established neighborhoods throughout the City. Ms. Barlow responded that the City Council determined that this requirement is a barrier within the City limits and specifically requested that this code text amendment be developed and put through the amendment process. Ms. Barlow stated that she would look at neighboring communities that have eliminated this requirement from their code and see how many additional ADU dwellings have been permitted since the change. Commission Dimitrov asked if Homeowner's Association (HOA) covenants would supersede this amendment to the code. Ms. Barlow answered that subdivision covenants or plat notations prohibiting ADU's within a development would supersede but would have to be enforced through civil action because the City does not enforce covenants. The Public Hearing for this item will be held at the May 25, 2023 Planning Commission meeting. X. GOOD OF THE ORDER: There was nothing offered for the Good Of The Order. XI. ADJOURNMENT: Commissioner Haneke moved to adjourn the meeting at 7:24p.m. The vote on the motion was six in favor, zero against, and the motion passed. 5-11-2023 Planning Commission Minutes Page 4 of 4 Karl Gramath, Chairman Date Signed Marianne Lemons, Secretary Special Meeting Minutes Spokane Valley Planning Commission Room 109 — Centerplace Regional Event Center May 25, 2023 I. Planning Commission Chairman Karl Granrath called the meeting to order at 6:02 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 Chaz Bates, Planning Manager Karl Granrath Lori Barlow, Senior Planner Walt Haneke Chad Knodel, IT Specialist Bob McKinley Marianne Lemons, Administrative Assistant Nancy Miller Daniel Wilson IV. AGENDA: Commissioner Delucchi moved and it was seconded to amend the agenda for May 25, 2023 to change the public hearing for CTA-2023-0002 to a study session and move public comment after the study session. Commissioner McKinley moved and it was seconded to amend the motion to include amending the minutes to be approved from April 27, 2023 to May 11, 2023. Without objection, Chairman McGrath called the three changes to a vote clarifying that the vote was on changing the public hearing to a study session, moving the public comment period to after the study session, and amending the minutes to be approved to the May 11, 2023 minutes. The vote on the motion was seven in favor, zero against, and the motion passed. -This motion was subsequently rescinded by the Commission as noted in Section VII of these minutes. V. MINUTES: Commissioner Delucchi moved and it was seconded to approve the May 11, 2023 minutes as presented. There was no discussion. The vote on the motion was seven in favor, zero against, and the motion passed. This motion was subsequently rescinded by the Commission as noted in Section VII of these minutes. VI. COMMISSION REPORTS: Commissioner Delucchi reported that she is studying the newly passed House Bills, the Growth Management Plan for Spokane County, and has been getting information from the Office of Financial Management and Aquifer Protection Division regarding the possible impacts of the changes to legislation. VII. ADMINISTRATIVE REPORT: Planning Manager Chaz Bates reported that staff will be giving a comprehensive update on the newly passed legislation at a future meeting. 5-25-2023 Planning Commission Minutes Page 2 of 4 A recess was called at 6:19 p.m. The meeting was called back to order at 6:38 p.m. City Attorney Tony Beattie explained that due to the rules of a "special meeting", the motion to amend the agenda would need to be rescinded. Therefore, the mistake on the agenda listing the Commission Business for CTA-2023-0001 as a Public Hearing could not be changed to a study session and the session would need to be held at the next meeting and noticed accordingly. It was further explained that the public would still be allowed to comment during the scheduled public comment period. Commissioner Haneke moved and it was seconded to rescind the previous motion amending the agenda and rescind approval of the minutes for May 11, 2023. There was no discussion. The vote on the motion was seven in favor, zero against, and the motion passed. VIII. PUBLIC COMMENT: Bob West (Spokane Valley) stated that he is against the House Bills that were passed by legislation. He said that the regulations passed are not in the best interest of the property owners and invade property owner rights. He also expressed concern about the change to the regulations regarding Accessory Dwelling Units (ADU's). He feels that changing the regulations will cause property values to drop, cause traffic issues, and will allow houses to be built on top of each other. Al Merkel (Spokane Valley) stated that people moved to Spokane Valley for the community neighborhood integrity that is available. The newly passed amendments will substantially change that about the City. He explained that there are reports that state the City "needs" to increase the number of housing units by a certain amount. He feels that it is not the City's requirement to make more housing units available. He feels that being forced to increase the number of housing units will lead to more traffic, more pollution, and more crime in the City. He doesn't feel that the City should be required to provide additional housing units because the current City residents will have to bear the tax burden and economic impact to fix the problems that will arise with additional population. He expressed concern about the need for more schools and impacts on the roads and infrastructure. He stated that he doesn't feel the City "needs" additional housing units. Linda Klesch (Spokane Valley) expressed concern about the new legislation and commented that the City shouldn't hurry to implement any of the new changes until it is required since the bill will not take effect for three years. She feels that the City has not done a good job letting the residents know about the changes and how it will affect their property rights and get public input from the residents. She also said that there are a lot of other Cities within the State that are angry about the laws and that legal action against the State should be taken to keep the law from going into effect. Claire Rike (Spokane Valley) stated that she would like to see Spokane Valley remain the Valley and doesn't think that the west side of the state should be able to dictate what happens in the Valley. She feels that the laws are an attack on the middle class to become the lower class. She also expressed concern about the law allowing the removal of natural and conversation areas (where homes aren't allowed to be built) for increased density. She also feels that the changes could lead to additional vandalism, theft, and crime in the City. 5-25-2023 Planning Commission Minutes Page 3 of 4 Joe Quarter (Spokane County) expressed concern about current construction that is already happening because it is causing undue hardship on surrounding properties. He doesn't feel the infrastructure can handle the current construction and that traffic is a big problem. He said that the City should not allow building to continue until the infrastructure is improved to handle the volume. Barb Howard (Spokane Valley) submitted a written comment that was read into the record. She stated that she does not think the City should have to do what Olympia directs and that the City should not allow property owners to build ADU's on their property, rent both properties, and leave town. She feels that rentals have destroyed her neighborhood and does not want to see the code changed to allow additional ADU's. IX. COMMISSION BUSINESS: a. Public Hearing: CTA-2023-0002 — Accessory Dwelling Unit (ADU) Regulations Update It was explained that a Study Session will be held on June 8, 2023 and the Public Hearing will be held on June 22, 2023. Chair Granrath stated that he will not be able to attend the June 22, 2023 meeting. X. GOOD OF THE ORDER: Commissioner Delucchi commented that the new RCW has a provision in the law that the City cannot restrict the number of ADU's for single-family residences in the transportation corridors. Also, the law allows up to two units in any neighborhood regardless of location and has a provision allowing subdivision and the creation of condominiums. She encouraged the public to read the house bills and get familiar with the new laws and encouraged the City to take legal action against the bills. Commissioner Haneke stated that he is against the proposed change to the City requirement for a property owner to be allowed to build an ADU's and not live in one of the residences. He explained that when the State law goes into effect, it will allow this change, but he doesn't think the City should make the change until they are forced. XI. ADJOURNMENT: Commissioner Haneke moved to adjourn the meeting at 7:19 p. m. The vote on the motion was seven in favor, zero against, and the motion passed. Karl Granrath, Chairman Date Signed 5-25-2023 Planning Commission Minutes Page 4 of 4 Marianne Lemons, Secretary CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: June 8, 2023 Item: Check all that apply ❑ old business ® new business ❑ public hearing ❑ information ❑ study session ❑ pending legislation AGENDA ITEM TITLE: Planning Commission Rules of Procedure Amendment GOVERNING LEGISLATION: SVMC 18.10.030 PREVIOUS COMMISSION ACTION: Planning Commission approved and forwarded updated Rules of Procedure to City Council January 9, 2020, which were adopted by City Council on March 24, 2020. BACKGROUND: City Hall Remediation work is currently underway in the Council Chambers. In order to accommodate the work, it is necessary to temporarily relocate the regular meetings of the Planning Commission to CenterPlace. Historically, the Planning Commission has included the date, time, and location of its meetings in its Rules of Procedure. The proposed amendments to the Planning Commission Rules of Procedure included in this item change the location of the regular meetings from City Hall to CenterPlace Regional Event Center, 2426 N. Discovery Place, Spokane Valley, Washington. The dates and times of the meetings remains the same, the second and fourth Thursday of each month beginning at 6:00 p.m. This change will benefit the public by increasing efficiency of Commission business, and will alleviate staff time associated with setting special meetings. For those reasons, it is being recommended that the general rule regarding holding a study session be waived. RECOMMENDED ACTION OR MOTION: (1) Move to waive the rules and approve and forward the Planning Commission Rules of Procedure as amended to City Council for adoption; or (2) take other action as deemed appropriate. STAFF CONTACT: Kelly Konkright, Contract Attorney for the City; Tony Beattie, Senior Deputy City Attorney ATTACHMENTS: Planning Commission Rules of Procedure Amendment RPCA Planning Commission Rules of Procedure Amendment Page I of I 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 20-003, 3-24-2020 On-k 9,-2929 June 8, 2023, these Rules of Procedure were adopted by the Planning Commission, pending approval of City Council. ORGANIZATION AND RULES OF PROCEDURE 1. Name The "City of Spokane Valley Planning Commission," hereinafter referred to as the "Commission' is an advisory body created by the City Council for purposes consistent with chapter 18.10 of the Spokane Valley Municipal Code (SVMC). 2. Location The Commission meetings shall be held at the Gily WaKenterPlace Regional Event Center, 2426 N. Discovery Place, Spokane Valley, Washington ef the Gity of Spokane Valley, unless otherwise identified in the notice of meeting. 3. Officers A. Unless otherwise required by a vacancy in office, the Commission shall organize every year in accordance with chapter 18.10 SVMC. B. Officers of the Commission shall be elected from its membership; the officers shall be Chair and Vice Chair. C. Commission members must have served at least one full calendar year to be eligible to be elected as an Officer. D. 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. E. In the absence of the Chair from any meeting, the Vice -Chair shall perform all the duties incumbent upon the Chair, and retain the full right as a member of the Commission in the same manner as the Chair. 4. Secretary of the Commission A. The City Manager shall assign a Secretary to the Commission. B. The Secretary shall provide for a recording of all Commission meetings, including public hearings, and shall ensure that summary minutes of all public hearings and meetings are prepared, approved, and filed in the public record. Planning Commission Rules of Procedure Amendment June 8, 2023 C. The Secretary shall conduct and record a roll call of the Commission members at each meeting, public hearing and study session. 5. Attendance: A. Excused Absences: Members of the Commission may be excused from meetings with notification to the Chair, Vice Chair, Secretary or Building Official, prior to the meeting, and by stating the reason for the inability to attend. Following or prior to roll call, the Presiding Officer shall inform the Commission of the member's absence, and inquire if there is a 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. Unexcused Absences: A Commissioner's responsibility to attend Commission meetings should not be taken lightly, nor should a decision to remove a Commissioner for missing meetings. As soon as possible after two consecutive unexcused absences, and prior to a third consecutive unexcused absence, the absent Commissioner must request a leave of absence if they desire to remain on the Commission. At a third consecutive meeting where a Commissioner is not excused and there has been no request for a leave of absence, the absent Commissioner's seat shall be forfeited effective immediately. C. Leave of Absence: 1. A Commissioner whose serious health or physical condition would prevent them from performing the duties of the Planning Commission may ask to be placed on a leave of absence under the following conditions: 2. Such serious health or physical condition must be certified in writing by a medical physician. 3. 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. 4. The request for a leave of absence must state the anticipated date the Commissioner will resume their duties. 5. By majority vote of the whole Commission, a leave of absence shall be granted as follows: 6. The absence shall not exceed 90 days from the date the motion is passed by Commission; 7. 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. A leave of absence may only be granted twice during a Commissioner's three-year term, with no less than six months between each request. Upon approval of a leave of absence, the absent Commissioner shall not be replaced with a pro-tem Commissioner during the absence. 6. Election of Officers A. Officers shall be elected at the first regular meeting in January of each year, by majority vote of the membership of the Commission. Terms of office shall run from the first January meeting until December 31, or until a successor has been elected. No Commission member shall serve more than two full consecutive terms as Chair of the Commission. No Commission member shall serve as Vice -Chair for more than two full consecutive terms. B. 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. C. A vacancy in either the Chair or Vice -Chair shall be filled by a special election, to be held at a convenient time with a majority present. In the event that the office of Chair is vacated, the Vice - Chair shall serve in that capacity until the required special election is held. No member can hold two office positions concurrently. 7. Rules of Order The Secretary shall serve as the official parliamentarian for all meetings and shall keep a copy of the current "Robert's Rules of Order" in the Council Chambers during Commission meetings. Robert's Rules of Order shall govern the conduct of all public meetings of the Commission except when they conflict with these Rules of Procedure. 8. Quorum A quorum shall consist of a majority of the Commission and no action can be taken in the absence of a quorum except to adjourn the meeting to a subsequent date. A quorum must be present for all meetings. 9. Voting A. The affirmative vote of a majority of those present shall be necessary for the adoption of any motion or other general matter. B. For the conduct of business dealing with the adoption or changes to the City's Comprehensive Plan, at least four affirmative votes must be cast. No proxy shall be allowed. C. Commission members present when the question was called shall give their vote. If any Commission member refused to vote "aye" or "nay" their vote shall be counted as a nay vote, unless the Commission member has recused themselves due to actual or perceived appearance of a conflict of interest, which shall be so stated prior to the vote at hand. Abstentions are not permitted. D. 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. E. Election of Officers. Each officer, Chair and Vice Chair, must receive a majority vote of the Commission in order to be elected to the position. Voting may be taken by paper ballot. 10. Meetings A. There shall be at least one regular meeting each month with additional meetings scheduled as necessary, except when cancelled as noted below. Regular meetings shall be scheduled on the 2' and 4`s Thursdays of the month, commencing at 6:00 p.m. and ending not later than 9:00 p.m. Meeting ending time may be extended by a majority vote of the Commission. Meetings may be used for general planning matters, study sessions or public hearings as described below. 1. Meetings on General Planning Matters. General planning matters to be reviewed by the Commission will typically be preceded by a study session of the Commission to discuss the issues with City staff. Generally, no testimony from the public shall be taken at a study session. 2. Public Hearing Meeting. A public hearing is a meeting to provide the public an opportunity to comment or give testimony on a proposed action or items such as the Comprehensive Plan, or development regulations. The Commission may deliberate upon the item immediately after the hearing, or during another scheduled meeting(s). 3. Scheduled meetings may be canceled or convened at other times if deemed necessary by the Chair or, in the absence of the Chair, by the Vice -Chair. Notice of cancellation shall be given to Commission members, and to the public by posting a notice at City Hall and on the City's website. 4. The recommended order of business for meetings is: a. Call to order by Chair. b. Pledge of Allegiance. c. Roll call by Secretary. d. Approval of Agenda. e. Approval of minutes. f. Commission member reports. g. Administrative reports. h. Public comment. i. Commission business. j. For the good of the order. k. Adjournment. B. Commission meetings shall be held pursuant to the Open Public Meetings Act, chapter 42.30 RCW. C. Special meetings may be called: 1. By a written or verbal request to the Chair, or in the Chair's absence, to the Vice -Chair, or by a majority of the members of the Commission, or City staff. 2. By approved motion of the Commission. 3. 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. 1. 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.). 2. The Chair shall introduce each agenda item, open each public hearing, and announce the following Rules of Order: a. 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 their name and city of residence. This is required because an official recorded transcript of the public hearing is being made. b. 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. c. No comments shall be made from any other location, and anyone making "out of order" comments shall be subject to removal from the meeting as allowed by law. d. 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.. e. Please limit your testimony to three minutes. (unless a majority of the Commission agrees to allow the Chair to extend time) f. These rules are intended to promote an orderly system of holding a public hearing and to give all that wish to speak an opportunity to be heard. B. When the Commission conducts a hearing to which the Appearance of Fairness Doctrine applies, the 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 determine that items (C)(1-4) should apply to them, they should consult with a member of the legal staff, prior to the meeting, to determine if a conflict of interest violation exists pursuant to the Appearance of Fairness Doctrine. If such a violation or a perception of a violation exists, the Commissioner should recuse themselves. C. Conducting the Public Hearing 1. The Chair will announce the matter and open the public hearing, stating the time. 2. The Chair will allow staff to describe the matter under consideration and place the issue and any documents into the public record. 3. The Chair will inquire as to whether Commission members have any questions of staff. If any Commission member has questions, the appropriate individual will be recalled. 4. The Chair will allow proponents, opponents and the public to offer testimony and evidence on the pending matter. The Chair may allow Commission members to ask questions of any person at the conclusion of their testimony. 5. At the conclusion of the public testimony, the Chair may ask staff if there is any additional information, testimony or evidence to submit for the record. 6. The Chair will then either close or continue the public hearing and state the time for the record. Additional testimony may not be requested or considered after the closing of the public hearing, however, the Chair may declare that the public hearing will remain open until a date certain for the purpose of receiving written testimony or materials. 7. The Chair will inquire if there is a motion by any Commission member. If a motion is made, it shall be in the form of an affirmative motion. Affirmative motions are preferred to prevent "approval by default" of a failed negative motion. Following the motion and its second, discussion will occur among Commission members. 8. The Chair will inquire if there is any further discussion by the Commission members. 9. The Chair will inquire if there are any final comments or recommendations from staff. 10. The Chair will inquire of the Commission members if they are ready for the question. 11. The Chair will call for the vote on the motion and, following the vote, announce the outcome of the vote. 12. Pre -filing of testimony or evidence is encouraged and may be delivered to City staff in advance of a hearing. 12. Agenda, Staff Reports and Minutes for Regular Meetings. A. A copy of the agenda for every regular meeting of the Commission will be sent to each member up to seven days prior to the date of the meeting. B. Staff reports will be sent to Commission members with the agenda. Agendas and staff reports will be made available to applicants and the public at the same time. 13. Minutes and Communications with the City Council. Minutes of all meetings shall be kept, and the complete files of proceedings and actions taken in connection therewith shall be considered the public record and filed with the City Clerk. The Secretary shall provide the Commission members with a set of minutes of the previous meeting. These minutes shall be considered for approval by the Commission at a regularly scheduled public meeting and upon approval, shall become part of the official record of action of the Commission. Approved and signed minutes shall also be transmitted to the City Clerk. 14. Recording of Meetings Whenever possible, proceedings of all public hearings, meetings, study sessions and any special meeting shall be recorded and retained in accordance with the Washington State Archives Retention Schedule. 15. Statement of Ethics / Code of Conduct A. Statement of Ethics. It is hereby recognized and established that high moral and ethical standards of Commission members are vital and essential to provide unbiased, open, and honest conduct within all phases and levels of government; that rules of ethics are helpful in guiding Commission members to eliminate or prevent actual or perceived conflicts of interest in public office, and to improve and elevate standards of public service so as to promote and strengthen the confidence, faith and trust of the people of the City of Spokane Valley in their local government. B. Interests in Contracts Prohibited; Exceptions. No Commission member shall be beneficially interested, directly or indirectly, in any contract which may be made by, through, or under the supervision or direction of any City of Spokane Valley employee, in whole or in substantial part, or which may be made for the benefit of his or her office, or accept, directly or indirectly, any compensation, gratuity or reward in connection with such contract from any person beneficially interested therein. The foregoing shall not apply to the exceptions specified in RCW 42.23.030, which are incorporated herein as if fully set forth. C. Conflicts of Interest 1. A Conflict of Interest includes: a. Engaging in a transaction or activity which impairs, or would to a reasonable person appear to impair, the Commission member's independence of judgment or action in the performance of their official duties; b. A Commission member having a financial or other private or personal interest in any matter upon which the member is required to act in the discharge of his or her official duties; e. A "Professional Conflict of Interest" includes any real or perceived conflict of interest caused by circumstances such as a Commission member's employment, past or present. Where the Commission member's employer or professional activity is only tangentially related to a matter before the Commission, recusal need not occur if the Commission member can reasonably conclude that the connection is or was remote and inconsequential. d. If a Commission member is required to refrain from deliberation or participation by their 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 their position to secure special privileges or exemptions for themselves 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 their official duties as a Commission member, or when it would require or induce the Commission member to disclose confidential information acquired by reason of such official position. 6. Disclosing confidential information gained by reason of their membership on the Commission or using such information for their 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. Aooearance of Fairness A. The Commission shall adhere to the applicable requirements of the Appearance of Fairness Doctrine, chapter 42.36 RCW. B. During the pendency of any quasi-judicial proceeding, no Commission member may engage in ex parte communications with proponents or opponents about any proposal involved in the pending proceeding, unless:: 1. The Commission member places on the record the substance of such oral or written communications; and 2. The Commission member provides a public announcement of the content of the communication and of the parties' right to rebut the substance of the communication at each hearing where action is taken or considered on the subject. This does not prohibit correspondence between a citizen and Commission members if the correspondence is made part of the record, when it pertains to the subject matter of a quasi-judicial proceeding. (RCW 42.36.060) 17. Review of These Rules of Procedure The Commission shall review these rules of procedure on the first anniversary of their adoption and every 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. CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: June 8, 2023 Item: Check all that apply ❑ old business ® new business ❑ public hearing ❑ information ® study session ❑ pending legislation AGENDA ITEM TITLE: CTA-2023-0002 Accessory Dwelling Unit (ADU) Regulations Update Study Session #2 GOVERNING LEGISLATION: RCW 36.70A.106, SVMC 17.80.150 and 19.30.040. PREVIOUS COMMISSION ACTION: May 11, 2023 — Study Session; May 25's — Study Session deferred to June 8`s. BACKGROUND: CTA-2023-0002 is a city -initiated code text amendment to revise SVMC 19.40.030 as it relates to ADU standards. The proposed regulations eliminate the requirement that the property owner occupy the primary dwelling unit or the ADU and other matters related. Pursuant to SVMC 19.30.040 modification to SVMC Titles 17 through 24 are classified as a Type IV development application and require the Planning Commission to provide a recommendation to City Council. The Planning Commission conducted a study session on May 11, 2023. At that meeting additional information was requested that included the number of residential permits issued by type, analysis of the number of permits issued and its relationship to the number of units needed, and a prediction of the increase expected if the owner occupant criteria were removed. The study session was scheduled for May 25'b. However, due to noticing issues the item was moved to the June 8' meeting and the public hearing was subsequently rescheduled to June 22, 2023. Due to the public interest in the item, staff has modified the May 25`s study session materials to include more background information previously presented at the May 11's meeting in order to provide context for the public. Staff will present the information for discussion at the meeting. RECOMMENDED ACTION OR MOTION: No action recommended at this time. STAFF CONTACT: Lori Barlow, AICP, Senior Planner ATTACHMENTS: 1. Presentation 2. 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A. Site. 1. An ADU may be developed in conjunction with either an existing or new primary dwelling unit; 2. One ADU, attached or detached, is allowed per lot; and 3. One off-street parking space for the ADU is required in addition to the off-street parking required for the primary dwelling unit. B. Building. 1. The ADU shall be designed to meet the appearance of a single-family residence and shall be the same or visually match the primary dwelling unit in the type, size, and placement of the following: a. Exterior finish materials; b. Roof pitch; c. Trim; and d. Windows, in proportion (relationship of width to height) and orientation (horizontal or vertical); 2. The entrance to an attached ADU shall be located on the side or in the rear of the structure or in such a manner as to be unobtrusive in appearance when viewed from the front of the street. Only one entrance may be located on the facade of the primary dwelling unit in order to maintain the appearance of a single-family residence; 3. The ADU shall not exceed 50 percent of the habitable square footage of the primary dwelling unit, nor be less than 300 square feet; 4. The footprint of the ADU shall not exceed 10 percent of the lot area or 1,000 square feet, whichever is greater; and 5. The ADU unit shall not have more than two bedrooms. C. Additional Development Standards for ADUs. 1. ADUs shall be located behind the front building setback line and placed on a permanent foundation; 2. ADUs shall preserve all side yard and rear yard setbacks for a dwelling unit pursuant to Table 19.70-1; 3. ADUs shall not be allowed on lots containing a duplex, multifamily dwelling, or accessory apartment contained within the principal structure; and 4. Existing detached accessory structures may be converted into detached ADUs; provided, that all development standards and criteria are met, including side yard and rear yard setbacks. D. Other. 12. Prior to issuance of occupancy, a deed restriction shall be recorded with the Spokane County auditor to indicate the presence of an ADU, , and other standards for maintaining the unit as described in the SVMC. CTA-2023-0002 — ADU Update - Draft 23. Home businesses are prohibited in the ADU. Page 2/2 34. Approval of an ADU may be revoked if the ADU is no longer in compliance with the development standards and criteria outlined in the SVMC. 43. The owner may cancel an ADU's registration by filing a letter with Spokane County auditor. The ADU may also be cancelled as a result of an enforcement action.