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2023-10-12 - Agenda PacketSpokane jValley, Regular Meeting Agenda Spokane Valley Planning Commission Thursday, October 12, 2023, at 6:00 p.m. Remotely via ZOOM meeting and In Person at: CenterPlace Regional Event Center 2426 N Discovery Place NOTICE IS HEREBY GIVEN that a Regular Spokane Valley Planning Commission meeting will be held October 12, 2023, beginning at 6:00 p.m. The meeting will be held 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 hearine." If making a comment via Zoom, comments must be received by 4:00 pm, the day of the meeting. Please email planning(),spokanevallgywa.gov 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: https://spokanevalley.zoom.us/e/86262747051 US: +12532158782„ 86262747051# or +16699006833„86262747051# US US: +1 253 215 8782 US (Tacoma) Meeting ID: 862 6274 7051 AGENDA: 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES: August 24, 2023 6. COMMISSION REPORTS 7. ADMINISTRATIVE REPORT 8. PUBLIC COMMENT: This is an opportunityfor the public to speak on any subject except public hearing items as public comments will be taken on those items where indicated. This is not an opportunity for questions or discussion. Diverse points of view are welcome but please keep remarks civil. Remarks will be limited to three minutes per person. 9. COMMISSION BUSINESS: a. Study Session: CTA-2023-0004 — Planning Commission Meeting Rules (Presented By Tony Beattie) 10. FOR THE GOOD OF THE ORDER 11. ADJOURNMENT Special Meeting Minutes Spokane Valley Planning Commission Centerplace Regional Event Center September 28, 2023 I. Planning Commission Chairman McGrath called the meeting to order at 6:00 p.m. The meeting was held in person and via ZOOM meetings. H. The Commissioners and staff 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, Senior Deputy City Attorney Val Dimitrov Chaz Bates, Planning Manager Karl Granrath Jerremy Clark, Traffic Engineering Manager Walt Haneke, absent Greg Baldwin, Development Services Coordinator Bob McKinley Chad Knodel, IT Manager Nancy Miller, absent Marianne Lemons, Administrative Assistant Daniel Wilson There was consensus from the Planning Commission members to excuse Commissioners Miller and Haneke. IV. AGENDA: Commissioner Delucchi moved, and it was seconded to approve the September 28, 2023, agenda as presented. There was no discussion. The vote on the motion was four in favor, zero against, and the motion passed. V. MINUTES: Commissioner Wilson moved, and it was seconded, to approve the August 24, 2023, minutes as presented. There was no discussion. The vote on the motion was four in favor, zero against, and the motion passed. Chairman Granrath abstained from the vote. VI. COMMISSION REPORTS: Commissioner Delucchi expressed concern about a house in the Ridgemont Estates Subdivision that is being listed for sale including two rental opportunities that are prohibited by the covenants of the subdivision. She suggested that staff create a map showing subdivisions with covenants and restrictions that prohibit Accessory Dwelling Units (ADU's). Chairman Granath reported that he will be working with staff and the Planning Commission to make the meetings adhere to the Roberts Rules Of Order and keep the meetings respectful and orderly. There were no other Planning Commission reports. VII. ADMINISTRATIVE REPORT: Planning Manager Chaz Bates reported that the American Planning Association would be offering a free short course on local planning on October ►0`h, 2023 from 6:00 p.m. — 8:00 p.m. at the Grand Davenport Hotel in Spokane. He also stated that he will be working with Chairman Granrath to keep the Planning Commission meetings running smoothly and respectfully. He also mentioned that the Planning Commission will be reviewing a code text 9-28-2023 Planning Commission Minutes Page 2 of 3 amendment to address a discrepancy in the bylaws versus state law regarding the number of times the Planning Commission is required to meet during the calendar year. VIII. PUBLIC COMMENT: Barb Howard (Spokane Valley) expressed concern about ADU's within the City limits and the lack of enforcement keeping them from being created. She also asked about the status of the code text amendment that was denied by the Planning Commission and the outcome of it with the City Council. There was no additional public comment offered. Commissioner McKinley arrived at 6:17 p.m. Mr. Bates responded to Ms. Howard that the code text amendment went to City Council and they ratified the decision made by the Planning Commission and therefore, the amendment will not be moving forward in the process for adoption. IX. COMMISSION BUSINESS: a. Study Session: CTA-2023-0003 — ROW Permit & Clearview Triangle Regulations Update Traffic Engineering Manager Jerremy Clark gave a staff report. He stated that CTA-2023-0003 is a city - initiated code text amendment to revise Spokane Valley Municipal Code (SVMC) 22.70.030 to clarify that the clearview triangle regulations are applicable to an alleyway and revise Chapter 22.130 SVMC to clarify the types of activities that may be exempt from a traffic control right-of- way permit and other matters related. Mr. Clark explained that the current language in SVMC 22.70.030 includes a reference to an alley, but Table 22.70-1 with specific sight distance regulations does not include reference to alley. The proposed amendment adds alleyway to Table 22.70-1 so that the sight distance criteria can be applied consistent with the text of the code and eliminating any ambiguity. Mr. Clark stated that the proposed amendments to SVMC Chapter 22.130 are to clarify when an activity conducted in the right-of-way may be exempt from traffic control requirements. He said that the current code is not clear when an activity is exempt from traffic control requirements, resulting in confusion about implementation. The current exemption is for 50% closure of a nonarterial street which results in road closures happening without City knowledge. The focus of the proposed CTA is to require any closure of traffic on a street to obtain a right-of-way permit. Mr. Clark explained that the revisions to SVMC Chapter 22.130 regarding Development Transportation Improvements includes the following: ■ Multiple revisions to "clean up" formatting and code references. • Renaming 23.130.090 to Temporary Obstruction Permit to provide unique naming. • Maintain two 10-foot lanes on non -arterials rather than allowing a 50% closure without permitting • Allow owner or tenant maintenance of landscaping within the ROW • Allow additional permit extensions upon request • Specify traffic control training as defined in WAC 296-155-305 9-28-2023 Planning Commission Minutes Page 3 of There were no questions from the Planning Commission. Mr. Clark stated that the public hearing will be held on October 26, 2023 and the Findings and Recommendations will be presented at the November 9, 2023 meeting. X. GOOD OF THE ORDER: There was nothing offered for the Good Of The Order. The next meeting will be held on October 12, 2023. XI. ADJOURNMENT: Commissioner Dimitrov moved, and it was seconded, to adjourn the meeting at 6:30 p.m. The vote on the motion was six 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: October 12, 2023 Item: Check all that apply ❑ old business ❑ new business ❑ public hearing ❑ information ® study session ❑ pending legislation AGENDA ITEM TITLE: CTA-2023-0004 Required Number of Planning Commission Meetings GOVERNING LEGISLATION: RCW 36.70A.106, SVMC 17.80.150, 19.30.040, 18.10.030 PREVIOUS COMMISSION ACTION: None BACKGROUND: CTA-2023-0004 is a city -initiated code text amendment to revise SVMC 18.10.030 to provide flexibility in the number of Planning Commission meetings. Currently, SVMC 18.10.030 requires the Planning Commission to meet at least one time every month. This code text amendment provides flexibility when there is no business for the Planning Commission to conduct. The proposed code text amendment would require the Planning Commission to hold at least one regular meeting each month not less than nine months in each year. This is consistent with other state laws related to planning commissions, particularly RCW 35.63.040 which has the same requirement. Pursuant to RCW 35A.63.140, which applies to code cities, "[a]ny duties and responsibilities which by other statutes are imposed upon a planning commission may, in a code city, be performed by a planning agency, as provided in this chapter. This code text amendment does not modify the regular meeting schedule of the Planning Commission. The Planning Commission will still have regular meetings scheduled at 6:00pm every 2nd and 4" Thursday of each month. The proposal will not have an impact on the Planning Commission's responsibilities and duties under chapter 18.10 SVMC. RECOMMENDED ACTION OR MOTION: No action recommended at this time. Discussion only. STAFF CONTACT: Tony Beattie, Senior Deputy City Attorney ATTACHMENTS: 1. Staff Report — CTA-2023-0004 2. Presentation - Study Session CTA-2023-0004 3. Draft SVMC 18.10.030 RPCA Study Session for Code Text Amendment CTA-2023-0004 Page I of I Spokan�� j Valley ECONOMIC DEVELOPMENT DEPARTMENT STAFF REPORT AND RECOMMENDATION TO THE PLANNING COMMISSION STAFF REPORT DATE: October 12, 2023 CTA-2023-0004 HEARING DATE AND LOCATION: November 9, 2023, beginning at 6:00 p.m.; This hearing will be conducted in person and remotely using web and telephone conference tools. A link to the Zoom meeting is provided on the agenda and posted to the City's webpage: www.spokanevalley.org/planningcommission. PROPOSAL DESCRIPTION: A city -initiated code text amendment (CTA) to adopt amendments to the Spokane Valley Municipal Code (SVMC). The proposal amends SVMC 18.10.030 Meetings — Rules related to the number of required Planning Commission meetings per year. APPROVAL CRITERIA: Spokane Valley Comprehensive Plan, SVMC 17.80.150, and 19.30.040. SUMMARY OF CONCLUSIONS: Staff concludes that CTA-2023-0004 is consistent with the minimum criteria for review and approval, and consistent with the goals and policies of the Comprehensive Plan. STAFF CONTACT: Tony Beattie, Senior Deputy City Attorney. REVIEWED BY: Chaz Bates, Planning Manager ATTACHMENTS: Exhibit 1: Proposed Amendment to S VMC 18.10.030. APPLICATION PROCESSING: Chapter 17.80 SVMC, Permit Processing Procedures. The following table summarizes the procedural steps for the proposal. Procedural Action Date SEPA Threshold Determination Determined Categorically Exempt Published Notice of Public Hearing: October 20 and 27, 2023 scheduled Commerce 60-day Notice Intent to Adopt Amendment October 5, 2023 Background: CTA-2023-0004 is a city -initiated code text amendment to revise SVMC 18.10.030. The revision to SVMC 18.10.030 is a minor change so that the City's municipal code allows flexibility for the number of meetings required. ANALYSIS: 1. Currently, SVMC 18.10.030 defines roles of the Planning Commission members, election of chairs and vice chairs, and details the number of meetings required of the Planning Commission each year. As written, the Planning Commission is required to meet at least one time every month. By comparison, RC W 35.63.040 states in pertinent part that "[t]he commission shall hold at least one regular meeting in each month for not less than nine months in each year." Pursuant to RC W 35A.63.140, which applies to code cities, "[a]ny duties and responsibilities Staff Report and Recommendation CTA-2023-0004 which by other statutes are imposed upon a planning commission may, in a code city, be performed by a planning agency, as provided in this chapter." A. FINDINGS AND CONCLUSIONS SPECIFIC TO THE MUNICIPAL CODE TEXT AMENDMENT 1. Compliance with Title 17 (General Provisions) of the Spokane Valley Municipal Code a. Findings: SVMC 17.80.150(F) Municipal Code Text Amendment Approval Criteria The City may approve a Municipal Code Text amendment if it finds that: i. The proposed text amendment is consistent with the applicable provisions of the Comprehensive Plan: Staff Analysis: The Comprehensive Plan does not identify specific goals and policies relevant to the Planning Commission procedures but identifies specific goals and policies to be considered in the development of the comprehensive plan and development regulations. A review of the goals and policies did not identify anything inconsistent with the proposed amendment. The proposed amendment is consistent with the Comprehensive Plan as the amendment establishes the minimum number of meetings required for the Planning Commission to conduct its business as it relates to Comprehensive Plan amendments and other matters such as code text amendments. ii. The proposed amendment bears a substantial relation to public health, safety, welfare, and protection of the environment: Staff Analysis: The proposed amendment bears substantial relation to public health, safety, welfare, and protection of the environment. The proposed amendments clarify the required number of meetings the Planning Commission must hold consistent with state law and does not reduce the number of meetings necessary for the Planning Commission to conduct business, nor does it reduce the number of regular meetings scheduled pursuant to the Planning Commission Rules of Procedure. b. Conclusion(s): The proposed text amendment is consistent with the approval criteria contained in the SVMC 17.80.150(F). 2. Finding and Conclusions Specific to Public Comments a. Findings: No public comments have been received to date. b. Conclusion(s): Adequate public notice for CTA-2023-0004 will be provided consistent with chapter 17.80 SVMC Permit Processing Procedures. The notice of public hearing is scheduled to be published on October 20`s and 27th, 2023. This report will be updated accordingly as comments are received. 3. Finding and Conclusions Specific to Agency Comments a. Findings: The City has not received any agency comments to date. b. Conclusion(s): No concerns noted. Page 2 of 3 Staff Report and Recommendation CTA-2023-0004 B. CONCLUSION For the reasons set forth in Section A the proposed code text amendment file CTA-2023-0004, adopting amendments for the frequency of Planning Commission regular meetings, and other matters related, is consistent with the requirements of SVMC 17.80.150(F) and the Comprehensive Plan. 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A majority of the planning commission members shall constitute a quorum for the transaction of business, and a majority vote of those present shall be necessary to carry any proposition. B. The planning commission shall determine a regular meeting schedule (time, place and frequency) and shall fneet-hold at least one regular meeting time every each month not less than nine months in each year. All meetings shall be open to the public. C. The planning commission shall adopt such rules and procedures as are necessary for the conduct of business, subject to the approval of city council, and shall keep a recording of its proceedings. D. All hearings before the planning commission shall be conducted in the manner set forth in Appendix B.