2024-09-12 - Agenda PacketSpokane
jValley
Notice and Agenda For Regular Meeting
Spokane Valley Planning Commission
Thursday, September 12, 2024 at 6:00 p.m.
Remotely via ZOOM meeting and In Person at:
Spokane Valley City Hall located at 10210 E Sprague Avenue
NOTICE IS HEREBY GIVEN that a Regular Spokane Valley Planning Commission meeting will be held September 12, 2024,
beginning at 6:00 p.m. The meeting will be held in Council Chambers at Spokane Valley City Hall located at 10210 E Sprague Avenue,
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 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 accented for those items noted on the agenda as "Public comment" or `Public hearinr." If making a
comment via Zoom, comments must be received by 4:00 pm, the day of the meeting. Please email planningta,snokanevalleywa.eov
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:
hiips://spokanevallgy.zoom.us/j/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 8, 2024 & August 22, 2024
6. COMMISSION REPORTS
7. ADMINISTRATIVE REPORT
8. PUBLIC COMMENT: This is an opportunity for the public to speak on any subject except items listed as public comment
opportunity or public hearing as comments will be taken when those items appear on the agenda.
9. COMMISSION BUSINESS:
a. Motion Consideration: Planning Commission Rules Of Procedure Review (Presented By Tony Beattie)
Public Comment Opportunity
b. Study Session: CTA-2024-0001 - Amendments to Chapter 17.80 Permit Processing (Presented By Martin
Palmiuk)
10. FOR THE GOOD OF THE ORDER
11. ADJOURNMENT
I.
II.
Regular Meeting Minutes
Spokane Valley Planning Commission
Spokane Valley City Hall
August 8, 2024
Chairman Robert McKinley called the regular meeting to order at 6:01 p.m. The meeting was held in
person and via ZOOM meetings.
The Commissioners and staff stood for the Pledge Of Allegiance.
Administrative Assistant Marianne Lemons took attendance, and the following members and staff
were present:
Susan Delucchi
Michael Kelly
Bob McKinley
John Robertson, late
Vadim Smelik, absent
Justin Weathermen, absent
Dan Wilson
Tony Beattie, Deputy City Attorney
Chaz Bates, Planning Manager
Chad Knodel, IT Manager
Marianne Lemons, Administrative Assistant
There was consensus to excuse Commissioner Smelik and Commissioner Weathermen.
AGENDA: Commissioner Delucchi moved, and it was seconded, to approve the meeting agenda
for August 8, 20924, as submitted. There was no discussion. The vote on the motion was four in
favor, zero against, and the motion passed.
IV. MINUTES: Commissioner Wilson moved, and it was seconded, to approve the meeting minutes for
the July 25, 2024, meeting. Commissioner Delucchi requested an amendment to the minutes on page
one, paragraph 9, sentence 2 under Commission Reports. She requested that the words "code
requires" be replaced with "has" so that the sentence reads "The City of Spokane Valley has one-
third the national average while the City of Spokane is double that amount " Commissioner
Delucchi moved, and it was seconded to approve the meeting minutes for the July 25, 2024, meeting
as amended. There was no additional discussion. The vote on the motion was four in favor, zero
against, and the motion passed.
V. COMMISSION REPORTS: Commissioner Delucchi reported that she has been researching the
requirement for park land dedications and is concerned that the City may be in violation of the
Growth Management Act because the City currently only has one-third the national average of park
space. She stated that she doesn't think the City is providing enough park space for the population
because the national average states that the City should have 10.4 acres per 1000 people and the City
only has one-third the amount. She also stated that she thinks the Parks Master Plan and the Transit
Master Plan should be included in the Comprehensive Plan, rather than just being referenced.
08-08-2024 Planning Commission Minutes
Page 2 of 3
VI. ADMINISTRATIVE REPORT: Senior Planner Lori Barlow reported that STV-2024-0002
completed its' process through the City Council and was approved unanimously at the July 30, 2024,
meeting.
VII. PUBLIC COMMENT: There was no public comment offered.
Commissioner Robertson arrived at 6:09 p.m.
VIII. COMMISSION BUSINESS:
a. Study Session: Planning Commission Rules Of Procedure Review
Deputy City Attorney Tony Beattie stated that he incorporated the changes requested by the Planning
Commission at the last study session and asked for any additional changes the Commission would like
made to the document.
The Commission requested the following significant changes:
• Remove Section #6 `Election of Officers" and move the associated information (6A,
6B, and 6C) to Section #3 "Officers".
• A language change to Section #3 "Officers" in Paragraph C to accommodate the 2025
scenario where there will only be one person eligible to be Chairman/Vice Chairman.
The members came to consensus for proposed language stating that Commission
members must serve on the Commission for one year or a minimum of nine meetings.
• Remove Sections #12 "Agenda, Staff Reports, and Minutes for Regular Meetings", #13
Recording of Minutes and move the associated information (13A-D, 14A) to Section 4
"Secretary of the Commission."
• Move Section #7 "Rules of Order" to Section 4 "Secretary of the Commission".
• Move Section #8 "Quorum" to Section #10 "Meetings."
• Rename Section #11 to "Public Hearing Procedures."
• Revise the information in Section #11 "Conduct of Hearings" to reflect the actual
flow of the public hearings. This would include opening the public hearing, public
testimony, closing the public hearing, motion, and voting.
• A reference link to the Spokane Valley Municipal Code regarding the Planning
Commission purpose and job duties.
Mr. Beattie stated that these proposed changes will be presented to the Planning Commission
at the Public Hearing on August 22, 2024.
IX. GOOD OF THE ORDER: Commissioner Robertson stated that he attended a West Plains
Chamber of Commerce meeting, and he thinks it's great that people get involved in their
community.
X. ADJOURNMENT: Commissioner Delucchi moved, and it was seconded, to adjourn the meeting at
7:32 p.m. The vote on the motion was seven in favor, zero against, and the motion passed.
08-08-2024 Planning Commission Minutes
Page 3 of 3
Bob McKinley, Chairman Date Signed
Marianne Lemons, Secretary
Regular Meeting Minutes
Spokane Valley Planning Commission
Spokane Valley City Hall
August 22, 2024
I. Administrative Assistant Marianne Lemons called the regular meeting to order at 6:05 p.m. The
meeting was held in person and via ZOOM meetings.
The following members and staff were present:
Susan Delucchi, absent
Michael Kelly, absent
Bob McKinley, absent
John Robertson
Vadim Smelik, absent
Justin Weathermon
Dan Wilson
Tony Beattie, Deputy City Attorney
Chaz Bates, Planning Manager
Justan Kinsal, IT Specialist
Marianne Lemons, Administrative Assistant
II. ADJOURNMENT: Administrative Assistant Marianne Lemons immediately adjourned the
meeting at 6:06 due to lack of a quorum of Planning Commission Members.
Bob McKinley, Chairman
Marianne Lemons, Secretary
Date Signed
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: September 12, 2024
Item: Check all that apply ❑ old business ® new business ❑ public hearing
❑ information ❑ study session ❑ pending legislation
AGENDA ITEM TITLE: Motion Consideration: Planning Commission Rules of Procedure
Amendment
GOVERNING LEGISLATION: SVMC 18.10.030
PREVIOUS COMMISSION ACTION: Planning Commission Rules of Procedure: Adopted by
Planning Commission 02-19-05; Revised by Resolution 10-004, 02-09-2010; Revised by Resolution 1I-
010, 11-29-2011; Revised by Resolution 12-006, 10-30-2012; Revised by Resolution 20-003, 03-24-
2020; Revised by Resolution 23-008, 06-20-2023; Revised by Resolution 24-003, 02-20-2024; Planning
Commission Rules of Procedure Review, 07-25-2024; Planning Commission Rules of Procedure Review
08-08-2024.
BACKGROUND: The City of Spokane Valley Planning Commission was established in 2003
during the incorporation of the City. In addition to chapter 18.10 SVMC, the Planning Commission
has Rules of Procedure to assist in guiding the governance of its meetings. Such rules are approved
by the Planning Commission and ultimately adopted by City Council resolution. The last major
review of the rules occurred in 2020.
On July 25, and August 8, 2024, the Planning Commission provided guidance to staff on
recommended changes to the Rules of Procedure. Staff is seeking a recommendation on the
proposed changes to forward on to City Council for final approval.
ACTION OR MOTION: Move to approve the Rules of Procedure as amended.
STAFF CONTACT: Chaz Bates, Planning Manager; Tony Beattie, Senior Deputy City Attorney
ATTACHMENTS: 1) Planning Commission Rules of Procedure Amendments with tracked changes
2) Planning Commission Rules of Procedure Amendments with changes accepted
RPCA Planning Commission Rules of Procedure Amendment Page 1 of I
City of Spokane Valley
Planning Commission Rules of Procedure
Adopted by Planning Commission 02-19-05
Revised by Resolution 10-004, 02-09-2010
Revised by Resolution 11-010, 11-29-2011
Revised by Resolution 12-006, 10-30-2012
Revised by Resolution 20-003, 03-24-2020
Revised by Resolution 23-008, 06-20-2023
Revised by Resolution 24-003, 02-20-2024
ORGANIZATION AND RULES OF PROCEDURE
11. 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) which can be accessed at https://www.codepublishing.comfWA/SpokaneValley/.
III. Location
The Commission meetings shall be held at City Hall Council Chambers, 10210 E. Sprague Avenue,
Spokane Valley, WA, unless otherwise identified in the notice of meeting.
alll. 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. rCommissioners must have served at least one full calendar year to be eligible to be
elected as an Officer.l rCommissioners must have served for at least six months, or attended nine
Commission meetings to be eligible to be elected as an Officer. If no member of the Commission
meets such requirements. any Commissioner may be eligible to be elected as an Officer.l
[Commissioners must have served for at least six months, or attended nine Commission meetings
to be eligible to be elected as an Officer.l
C.
"---.Election of Officers.
1. Officers shall be elected at the first regular meeting each year. Election shall require fom+
affirmative votes of the Commission, and voting may be by naoer ballot. Terms of office
shall run from the first January meeting until December 31, or until a successor has been
elected. No Commissioner shall serve more than two full consecutive terms as Chair of the
Commission. No Commissioner shall serve as Vice -Chair for more than two full
consecutive terms.
Planning Commission Rules of Procedure Amendment Page 1 of 11
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2. In the event that the Commission has no sitting Chair at the first regular meeting in January.
&3. 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 maiority 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.
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 fall right as a member of the Commission in the same manner as the
Chair. If both the Chair and Vice -Chair are absent from any meeting, the Secretary will
exercise the duties of the Chair for that meeting.
41V.
Secretary of the Commission
A.
The City Manager shall assign a Secretary to the Commission.
B.
The Secretary shall provide for a recording of all Commission meetings, including public hearings,
and shall ensure that summary minutes of all public hearings and meetings are prepared, approved,
and filed in the public record.
C.
The Secretary shall conduct and record a roll call of the Commissioners-mgmliers at each meeting,
public hearing and study session.
D.
The Secretary shall serve as the official parliamentarian for all meetings and shall keep a copy of
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the current "Robert's Rules of Order" in the Council Chambers during Commission meetings.
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Robert's Rules of Order shall govern the conduct of all public meetings of the Commission except
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when thev conflict with these Rules of Procedure_
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VS. Attendance:
A. Excused Absences: Members of the Commission may be excused from meetings with
notification to the Chair, Vice Chair, or Secretary o- n.,a'"�, 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:
Planning Commission Rules of Procedure Amendment Page 2 of 11
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:
Via. Such serious health or physical condition must be certified in writing by a medicate
physician.
36. The request for a leave of absence shall be in writing, and hand -delivered or mailed
to the Secretary of the Commission er-Baildixg-9ffis at least one week prior to
the date when such leave would commence.
4c. The request for a leave of absence must state the anticipated date the
Commissioner will resume their duties.
ll—By majority vote of the whole Commission, a leave of absence shall be granted as
follow: T`'----- and shall not exceed 90 days from the date the motion is
passed by Commission:
5,
5
7,e. At the end of the 90-day leave of absence, the absent Commissioner shall either:
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ai Return to normal Commission duties commencing with the first'
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Thursday meeting following the end of the 90-day leave; or
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b,ll Submit a letter of resignation to the Secretary of the Commission.
f_A leave of absence may only be granted twice during a Commissioner's three-
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year term, with no less than six months between each request. Upon approval of
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a leave of absence, the absent Commissioner shall not be replaced with a pro-tem
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Commissioner during the absence.
Planning Commission Rules of Procedure Amendment Page 3 of 11
s� et,aFttm
quorum except to adjourn the meeting to a subsequent dare. A quorum must be present for all meetings.
V19. 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. Except as otherwise provided by these rules, Commissioners-.,.eenls`- present when the question
was called shall give their vote. If any Commissioner -awn* a refused to vote "aye" or "nay" their
vote shall be counted as a nay vote, unless the Commissionerxnearber has refused 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 except as otherwise provided by these rules.
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. Commissioners who were not present shall
confirm on the record that they listened to the recording and reviewed the written record of the
matter in question prior to voting.
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1OV11. Meetings
A. A quorum shall consist of a maiority 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. I Formatted: Pont: Bold
A-.B. Except when otherwise specified by these rules regular meetings shall be scheduled on the
at least one regular meeting each month
meetings scheduled as necessary. There
sessions or public hearings as described below.
with additional
may be used for general planning matters, study
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.
Planning Commission Rules of Procedure Amendment Page 4 of 11
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 Commissioners -members, and to the public by posting a notice at City Hall and
on the City's website. The Commission, in concert with City staff, shall strive to cancel
meetings six weeks prior to the meetiniz date.
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 Aagenda.
e. Approval of minutes.
f. Commissioner -member reports.
g. Administrative reports.
h. Public comment.
i_Commission business,
• Action Items,
i~ Non -Action items
j. For the good of the order.
k. Adjoumment.
S.C. Commission meetings shall be held pursuant to the Open Public Meetings Act, chapter
42.30 RCW.
ED. 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.
V11144. Conduct of HearinesPublic Hearing Procedures
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4-.A. Prior to the start of the public hearing, the Chair may require that all persons wishing to bey Formatted: Numbered + Level: 1 + Numbering Style: A, B,
heard sign in with the Secretary, giving their time, city of residence, the agenda item, and whether C, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" +
they wish to speak as proponent, opponent, or otherwise. Any person who fails to sign in shall wait Indent at: 0.5"
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.
Planning Commission Rules of Procedure Amendment Page 5 of 11
. The Chair may
change the order of speakers so that testimony is heard in the most logical groupings, (i.e.,
proponents, opponents, adjacent owners, vested interests, etc.).
B. Opening the Public Hearing. The Chair shall introduce ereh- agenda -,.'e , and open each public
hearing by elating the time and title of the mattes; wed-aABe�eethg
C. Evidence and Testimony. The public hearing shall generally adhere to the following order:,
1. The Chair will allow staff to describe the matter under consideration and place the issue
and any documents into the public record.
2. The Chair will inquire as to whether Commissioners have any questions of staff. If any
Commissioner has questions, the appropriate individual will be recalled.
3. The Chair will allow proponents, opponents and the public to offer testimony and evidence
on the pending matter. The Chair may allow Commissioners to ask questions of any person
at the conclusion of their testimony.
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4. Public testimony at public hearings. The Chair, subiect to concurrence by the majority op Formatted: Indent: Left: 0.75", Numbered + Level: 1 +
the Commission, may establish alternate time limits and otherwise control presentations. Numbering Style: 1, 2, 3, ... + Stan at: 1 + Alignment: Left +
The following rules and other such limits shall be established and announced prior to the Aligned at: 0.5" + Indent at: 0.75"
time for public testimony at the public hearing:
a. All Dublic comments shall be made from the sneaker's Dodium 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 `but of order"
comments shall be subiect 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 vow testimony to three minutes. (unless a maiority of the Commission
agrees to allow the Chair to extend time
f. These rules me intended to promote an orderly system of holding a public hearing and
to give all that wish to speak an opportunity to be heard.
5. At the conclusion of the public testimony, the Chair may ask staff if there is any additionaH
information, testimony or evidence to submit for the record.
D. Closing the Public Hearing and Post -hearing Procedure. The Chair will then either close the
public hearing or entertain a motion to continue the proceeding to future date and time, and
Planning Commission Rules of Procedure Amendment Page 6 of 11
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1. At the close of the public hearing, the Chair will inquire if there is a motion by an
Commissioner. The motion may be as follows_
a. Move to recommend approval of (the pending matter),
b. Move to recommend approval of (the pending matter) with the following
modifications: (listed here),
c. Move to recommend denial of (the pending matter). ,
Following the motion and its second discussion will occur among Commissioners. '
2. The Chair will inquire if there is any further discussion by the Commissioners If the '
3. The Chair will inquire of the Commissioners if they are ready for the question.
4. The Chair will call for the vote on the motion and, following the vote, announce the
outcome of the vote. If a motion fails another motions shall be made until the
Commission's recommendation eamers the required number of votes.
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ma— qWbI qla I me lim is and otherwise control turew qationg. Stith limits shall Formatted: Numbered + Level: 1 + Numbering Style: A, B,
h_ C, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" +
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Indentat: 0.5"
B-.E_When the Commission conducts a hearing to which the Appearance of Fairness Doctrine'
applies, the Commissioners ,rah ff-- 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 parse contact with any individual, excluding staff, with regard to an issue prior to the
hearing. Please refer to Section 156(B) for more specific information on how to proceed when
there has been an er parte communication.
Planning Commission Rules of Procedure Amendment Page 7 of 11
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If any Commissioner -member should determine that se -in items in ction `E6)(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.
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IXi-2. 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 Commissioners members with the agenda. Agendas and staff reports
will be made available to applicants and the public at the same time.
CA. Minutes of all meetings shall be kept, and the complete files of proceedings and actions
taken in connection therewith shall be considered the -a public record and filed with the City Clerk.
B- The Secretary shall provide the Commissioners — mispes 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.
Planning Commission Rules of Procedure Amendment Page 8 of 11
D. The Commission shall submit Year end report as an information item to the City Council outlining
the items worked on during the previous Year.
44X. 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.
43XI. Statement of Ethics / Code of Conduct
A. Statement of Ethics. It is hereby recognized and established that high moral and ethical standards
of Commissioners-naernhers 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
Commissioners mainal--- 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 Commissioner-trenber 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 include:
A.
1. Engaging in a transaction or activity which impairs, or would to a reasonable person appear
to impair, the Commissioner's .. ,..u's independence of judgment or action in the
performance of their official duties;
2. A Commissioner-membeF 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;
3. A "Professional Conflict of Interest" includes any real or perceived conflict of interest
caused by circumstances such as a Commissioner' easiffili--'- employment, past or present.
Where the Commissioner's-aaember's employer or professional activity is only tangentially
related to a matter before the Commission, recusal need not occur if the Commissioner
nmernber can reasonably conclude that the connection is or was remote and inconsequential.
4. If a Commissionermeraber is required to refrain from deliberation or participation by their
employer because of a real or perceived conflict of interest, then the Commissioner
aneBmbeF will be allowed to recuse or withdraw from that deliberation.
Formatted: Font: Not Bold
B-D_Conflict of Interest Procedure: Every Commissioner-naess1w who has a conflict of interest shall-
Formatted: Indent: Left: 0.13", Numbered + Level: 1 +
publicly disclose the conflict at the next Commission meeting after the Commissioner --.,.e.:be
Numbering Style: A, B, C,... +Start at: 4 + Alignment: left+
discovers the conflict. If a discovery or determination of a conflict is made during a Commission
Aligned at: 0.75"+ Indent at: 1"
meeting, the Commissionervamember 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.
a If a Commissioner -member feels that they cannot be unbiased because of any conflict of
Formatted: Indent: Left: 0.38", Flrst line: 0"
interest, the Commissioner-nmenaber shall recuse themselves from further proceedings on the issue.
Such Commissioner menali - shall make a public statement disclosing the reasons why the
Planning Commission Rules of Procedure Amendment Page 9 of 11
Commissioner -member believes they we disqualified, and state they we recusing themselves from
the issue. The disqualified Commissioner-rneaiber 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 Commissioner-RWER13W 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 Commissioner-rnember has a conflict of interest.
D-.E. Other Prohibited Acts. Commissioners — inls -are prohibited from:
l . 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 Commissioner
membee, or when it would require or induce the Commissioner -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.
46XII. Annearance 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 Commissioner member may engage in
ex parte communications with proponents or opponents about any proposal involved in the pending
proceeding, unless:;
1. The Commissioner-nn�ffiber places on the record the substance of such oral or written
communications; and
2. The Commissioner—Reemb—`-_ 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 Commissioners memo._ 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)
4-7XIII. Review of These Rules of Procedure
Planning Commission Rules of Procedure Amendment Page 10 of 11
Formatted: Numbered + Level: 1 + Numbering Style: A, B,
C, ... + Start at: 5 + Alignment: Left + Aligned at: 0.25-+
Indent at: 0.5"
The Commission shall review these rules of procedure on the 44%4 � ak ff--ak ffs J^.wo Years of -after their
adoption and e eFy Offee yeffs th"-__a_-. Proposed changes upon the recommendation of the City Attorney,
City staff or the Commission, may be brought forward as appropriate. Any proposed amendments
ideatif4e , by the Commission or the City Attorney shall be forwarded to the City Council for review and
ratification.
Planning Commission Rules of Procedure Amendment Page 11 of 11
City of Spokane Valley
Planning Commission Rules of Procedure
Adopted by Planning Commission 02-19-05
Revised by Resolution 10-004, 02-09-2010
Revised by Resolution 11-010,11-29-2011
Revised by Resolution 12-006,10-30-2012
Revised by Resolution 20-003, 03-24-2020
Revised by Resolution 23-008, 06-20-2023
Revised by Resolution 24-003, 02-20-2024
ORGANIZATION AND RULES OF PROCEDURE
I. 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) which can be accessed at https://www.codepublishing.com/WA/SpokaneValley/.
The Commission's duties and responsibilities are outlined in 18.10.050 SVMC.
II. Location
The Commission meetings shall be held at City Hall Council Chambers, 10210 E. Sprague Avenue,
Spokane Valley, WA, unless otherwise identified in the notice of meeting.
III.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. [Commissioners must have served at least one full calendar year to be eligible to be
elected as an Officer.] [Commissioners must have served for at least six months or attended nine
Commission meetings to be eligible to be elected as an Officer. If no member of the Commission
meets such requirements, any Commissioner may be eligible to be elected as an Officer.]
[Commissioners must have served for at least six months or attended nine Commission meetings
to be eligible to be elected as an Officer.]
C. Election of Officers.
1. Officers shall be elected at the first regular meeting each year. Election shall require four
affirmative votes of the Commission, and voting may be by paper ballot. Terms of office
shall run from the first January meeting until December 31, or until a successor has been
elected. No Commissioner shall serve more than two full consecutive terms as Chair of the
Commission. No Commissioner shall serve as Vice -Chair for more than two full
consecutive terms.
2. 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
Planning Commission Rules of Procedure Amendment Pagel of 8
regular meeting in January, both the Chair and Vice -Chair are no longer Commissioners,
the Secretary will preside over the meeting until Officers are elected.
3. 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.
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. If both the Chair and Vice -Chair are absent from any meeting, the Secretary will
exercise the duties of the Chair for that meeting.
IV. Secretary of the Commission
A. The City Manager shall assign a Secretary to the Commission.
B. The Secretary shall provide for a recording of all Commission meetings, including public hearings,
and shall ensure that summary minutes of all public hearings and meetings are prepared, approved,
and filed in the public record.
C. The Secretary shall conduct and record a roll call of the Commissioners at each meeting, public
hearing and study session.
D. 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.
V. Attendance:
A. Excused Absences: Members of the Commission may be excused from meetings with
notification to the Chair, Vice Chair, or Secretary 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:
Planning Commission Rules of Procedure Amendment Page 2 of 8
a. Such serious health or physical condition must be certified in writing by a medical
physician.
b. The request for a leave of absence shall be in writing, and hand -delivered or mailed
to the Secretary of the Commission at least one week prior to the date when such
leave would commence.
c. The request for a leave of absence must state the anticipated date the
Commissioner will resume their duties.
d. By majority vote of the whole Commission, a leave of absence shall be granted as
follows, and shall not exceed 90 days from the date the motion is passed by
Commission;
e. At the end of the 90-day leave of absence, the absent Commissioner shall either:
Return to normal Commission duties commencing with the first
Thursday meeting following the end of the 90-day leave; or
ii. Submit a letter of resignation to the Secretary of the Commission.
f. 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.
VI. 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. Except as otherwise provided by these rules, Commissioners present when the question was called
shall give their vote. If any Commissioner refused to vote "aye" or "nay" their vote shall be counted
as a nay vote, unless the Commissioner 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 except as otherwise provided by these rules.
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. Commissioners who were not present shall
confirm on the record that they listened to the recording and reviewed the written record of the
matter in question prior to voting.
VIL Meetings
A. 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.
B. Except when otherwise specified by these rules, regular meetings shall be scheduled on the 2nd
and 4th Thursdays of each 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. There shall be at
Planning Commission Rules of Procedure Amendment Page 3 of 8
least one regular meeting each month not less than nine months in each year with additional
meetings scheduled as necessary. There shall not be two consecutive months without a meeting.
Unless business otherwise requires it, the Commission shall not meet on the 2nd Thursday in
January, the 4th Thursday in November, or the 4th Thursday in December. 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 Commissioners, and to the public by posting a notice at City Hall and on the City's
website. The Commission, in concert with City staff, shall strive to cancel meetings six
weeks prior to the meeting date.
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. Commissioner reports.
g. Administrative reports.
h. Public comment.
i. Commission business.
• Action items
• Non -Action items
j. For the good of the order.
k. Adjournment.
C. Commission meetings shall be held pursuant to the Open Public Meetings Act, chapter 42.30 RCW.
D. 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.
Planning Commission Rules of Procedure Amendment Page 4 of 8
VIII. Public Hearin Procedures
A. 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 may change the order of speakers
so that testimony is heard in the most logical groupings, (i.e., proponents, opponents, adjacent
owners, vested interests, etc.).
B. Opening the Public Hearing. The Chair shall introduce and open each public hearing by stating the
time and title of the matter.
C. Evidence and Testimony. The public hearing shall generally adhere to the following order:
1. The Chair will allow staff to describe the matter under consideration and place the issue
and any documents into the public record.
2. The Chair will inquire as to whether Commissioners have any questions of staff. If any
Commissioner has questions, the appropriate individual will be recalled.
3. The Chair will allow proponents, opponents and the public to offer testimony and evidence
on the pending matter. The Chair may allow Commissioners to ask questions of any person
at the conclusion of their testimony.
4. Public testimony at public hearings. The Chair, subject to concurrence by the majority of
the Commission, may establish alternate time limits and otherwise control presentations.
The following rules and other such limits shall be established and announced prior to the
time for public testimony at the public hearing:
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.
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.
D. Closing the Public Hearing and Post -hearing Procedure. The Chair will then either close the
public hearing or entertain a motion to continue the proceeding to future date and time 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
Planning Commission Rules of Procedure Amendment Page 5 of 8
remain open until a date certain for the purpose of receiving written testimony or materials.
After closing the public hearing, the Commission may only request clarification from staff on
matters that were previously submitted to the Commission during the public hearing — this is
not a time to gather more information.
1. At the close of the public hearing, the Chair will inquire if there is a motion by any
Commissioner. The motion may be as follows:
a. Move to recommend approval of (the pending matter)
b. Move to recommend approval of (the pending matter) with the following
modifications: (listed here)
c. Move to recommend denial of (the pending matter).
Following the motion and its second, discussion will occur among Commissioners.
2. The Chair will inquire if there is any further discussion by the Commissioners.
3. The Chair will inquire of the Commissioners if they are ready for the question.
4. The Chair will call for the vote on the motion and, following the vote, announce the
outcome of the vote. If a motion fails, another motions shall be made until the
Commission's recommendation garners the required number of votes.
E. When the Commission conducts a hearing to which the Appearance of Fairness Doctrine applies,
the Commissioners 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 15(B) for more specific information on how to proceed where
there has been an ex parte communication.
If any Commissioner should determine that any items in section (E)(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.
IX. 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 Commissioners with the agenda. Agendas and staff reports will be
made available to applicants and the public at the same time.
C. Minutes of all meetings shall be kept, and the complete files of proceedings and actions taken in
connection therewith shall be considered a public record and filed with the City Clerk. The
Secretary shall provide the Commissioners 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.
D. The Commission shall submit a year-end report as an information item to the City Council outlining
the items worked on during the previous year.
Planning Commission Rules of Procedure Amendment Page 6 of 8
X. 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.
XI. Statement of Ethics / Code of Conduct
A. Statement of Ethics. It is hereby recognized and established that high moral and ethical standards
of Commissioners 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 Commissioners 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 Commissioner 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 include:
I. Engaging in a transaction or activity which impairs, or would to a reasonable person appear
to impair, the Commissioner's independence of judgment or action in the performance of
their official duties;
2. A Commissioner 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;
3. A "Professional Conflict of Interest" includes any real or perceived conflict of interest
caused by circumstances such as a Commissioner's employment, past or present. Where
the Commissioner's employer or professional activity is only tangentially related to a
matter before the Commission, recusal need not occur if the Commissioner can reasonably
conclude that the connection is or was remote and inconsequential.
4. If a Commissioner is required to refrain from deliberation or participation by their
employer because of a real or perceived conflict of interest, then the Commissioner will be
allowed to recuse or withdraw from that deliberation.
D. Conflict of Interest Procedure: Every Commissioner who has a conflict of interest shall publicly
disclose the conflict at the next Commission meeting after the Commissioner discovers the conflict.
If a discovery or determination of a conflict is made during a Commission meeting, the Commissioner
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 Commissioner feels that they cannot be unbiased because of any conflict of interest, the
Commissioner shall recuse themselves from further proceedings on the issue. Such Commissioner
shall make a public statement disclosing the reasons why the Commissioner believes they are
disqualified, and state they are recusing themselves from the issue. The disqualified Commissioner
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
Commissioner must return to the Council Chambers to participate in the other matters as soon as the
Planning Commission Rules of Procedure Amendment Page 7 of 8
Commission ends discussion of the matter in which the disqualified Commissioner has a conflict of
interest.
E. Other Prohibited Acts. Commissioners 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 Commissioner,
or when it would require or induce the Commissioner 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.
XII. Appearance of Fairness
A. The Commission shall adhere to the applicable requirements of the Appearance of Fairness
Doctrine, chapter 42.36 RCW.
B. During the pendency of any quasi-judicial proceeding, no Commissioner may engage in ex parte
communications with proponents or opponents about any proposal involved in the pending
proceeding, unless:
1. The Commissioner places on the record the substance of such oral or written communications;
and
2. The Commissioner 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 Commissioners 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)
XIII. Review of These Rules of Procedure
The Commission shall review these rules of procedure two years after their adoption. Proposed changes
upon the recommendation of the City Attorney, City staff, or the Commission, may be brought forward as
appropriate. Any proposed amendments shall be forwarded to the City Council for review and ratification.
Planning Commission Rules of Procedure Amendment Page 8 of 8
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: September 12, 2024
Item: Check all that apply ❑ old business ® new business ❑ public hearing
❑ information ❑ study session ❑ pending legislation
AGENDA ITEM TITLE: Study Session: Amendments to Chapter 17.80 Permit Processing
GOVERNING LEGISLATION: SVMC 17.80, RCW 36.70B
PREVIOUS COMMISSION ACTION: None
BACKGROUND: In April 2023, the Washington State legislature adopted Senate Bill (SB) 5290
updating portions of the Local Project Review Act, RCW 36.70B. The update is intended to
strengthen and improve project review for construction and land use project permits, with an
emphasis on housing development. The legislative update creates inconsistencies with the City of
Spokane Valley Municipal Code Title 17, Chapter 17.80 Permit Processing Procedures.
Planning staff will present an overview of SVMC Chapter 17.80 Permit Processing Procedures to
provide planning commission with abetter understanding of local project review. Staff willprovide
a draft of the proposed code text amendment to SVMC 17.80 together with an in-depth review of
SB 5290 and the new requirements the City is responsible for implementing at the next study
session. Some of these requirements are listed below.
• Clarify determination of completeness procedural requirements.
• Revise existing 120-day time period for project review from the date an application is
determined complete.
• Adopt/revise time periods for project review for specific permit types.
• Refund application fees up to 20% if the time periods are not met.
• Adopt some of 10 measures to expedite permit review.
ACTION OR MOTION: No action required.
STAFF CONTACT: Martin Palaniuk, Associate Planner
ATTACHMENTS: 1) Permit Processing Presentation
RPCA Planning Permit Processing Procedures Amendment Page 1 of I
Permit Processing
Procedures
Martin Palaniuk, Associate Planner
September 12, 2024
Spokane
Valley
SVMC
17.80
Permit
Processing
Procedures
Purpose:
• Establish standardized decision -
making procedures for review land
use application.
• Ensure prompt review of
development applications
• Provide public review and
comment on applications
Rock River Sub'dIvision'
Types of land
Application Tvpes
use applications
Type I — permits and decisions issued mm�
administratively
Decision Makinq Authori
Administrative — Building or Planning
Type II — administrative actions that Administrative — Planning
contain some discretionary criteria
Type III — quasi-judicial permits and Quasi-judicial — Hearing Examiner
actions that contain discretionary
approval criteria
Type IV — legislative matters involving mm� Legislative — City Council
the creation, revision or large-scale (recommendation from PC)
implementation of public policy
DAM
ADU Permit
Admin Exception
Binding Site Plan
Short Subdivision
Plat Alteration
Grading Permit SEPA
Determination
Temp Use Permit Shoreline Permits
Home Business
Permit
on
:3699
Conditional Use Permit
Long Subdivision
Variance
Rezone (site specific)
Is 0=10 ff • I . lIMM M r,",M
Annual Comp Plan Amendment
Area -wide rezone
Code Text Amendment
Exempt Activities
• Repair or maintenance of buildings, structures,
landscaping, or utilities
• Change of use in some cases
• Final subdivisions, final short subdivisions, and
final binding site plans
• Building permits not subject to SEPA
• Sign permits
Required Application Procedures
SVMC Table 17.80-2 — Permit Type and Land Use Application
* Except short subdivisions and binding site plans which require a pre -application conference
Procedures for Type IV applications set forth in SVMC 17.80.140 and 17.80.150
Determination of Completeness
Counter Complete
• Application contains all information
requested in applicable form.
• Does not include evaluation of substantive
adequacy of the information
• Application is not taken in if not counter
complete.
• Reviewed for fully complete once accepted
as counter complete.
Fully Complete
• Requires a written determination to the applicant
with 28 days of counter complete.
• If incomplete:
• Must provide a list of deficiencies.
• 14 days to notify applicant if complete once
additional information has been submitted.
• If the necessary info not provided with 60
days, the department shall 1) reject and
return, 2) issue decision denying, 3) allow
applicant to withdraw
• Once fully complete must issue Notice of
Application within 14 days.
• May request additional info after fully complete
• May revoke application if applicant submits false
information
1.
Issued within
14 days
of fully complete.
2.
Must contain
specific
information (file
no, description, applicant name,. Sent to:
SITE • Applicant
I Adjacent property owners
• Agencies
• Person filing written request
3.
14
comment
period
for Type
II
4.
30
comment
period
Type III
SEPA Noticing (DNS or MDNS)
A threshold determination is required for any proposals
not categorically exempt
Notice provided by posting, publishing, mailing when
requested, agencies with jurisdiction, and Ecology
14-day comment period
May identify additional mitigating (M) measures not
covered by existing regulations and standards
EIS for projects that may have significant adverse impacts
Notice of Public Hearing
Required for all Type III and Type IV
— Hearing Examiner conducts the hearing for Type III
— PC conducts hearing for Type IV
Must contain prescribed information
► Application/project no.
► Project description
► Hearing Body
► Hearing date, time, location
► Project location
► Applicant
► SEPA Threshold determination
► Appeal process
► Staff report review information
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Va11ey.WA99206
RE4TEwipFRORIFY: SpoL�ve Valley Neativg Enmma
SFAn ComwcT: Martin Palavh�l Associate Plamv, (509) P_0.5031, ®almakn).mokaretaReausem'.
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No Raoge f4F t WilhmnielY :vfniGm SPot Cmmty. Washuom
OwREe/.F Cn ;Sowh Smds UC.0 g leffi, 326 E C St, Moscow, W 83843
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3a0(2).Nit, 31, N24_ wkh mg peal pmod mtivg on J. 14.2024,
ArraoeAL CYFTERLL: Title 19 Spokave Valley Monicipal Code (SVMC) (Zouivg Regulations), "Title 20 "W
(Subduitiamy Title 21 SVMC (Eat; 1td Controls), Section 22.20 SVMC (Caoctm ), the Cy of Spotave
Valley Saes Staudvds: the 5pel a Re000al 5totmwata M :and the Spot aRegi DesaltDistrict rt,, iws
HFARue PRocLss ion .iPPEa15: She Hearntg E�iva will cwdact the bewiv6 pmwwn to the rules of WmNme
adopted w S\,IC Tuk lg (Bonds and Awhonties). .W imemstM priors may testify at the public hearag am many
knb on
,otno,ubh aoammubef aatlw lies®¢.Atat a to SN the90(AgEsamioersasisiav uill be
batty on the tecord esthat s mWoFeOb e t Hearwg%1th ph . pwstvm to SVMC 1].90 (Appeals). AD hearings wi11 to
caoducled w ficaitim that m accessible to persons xiW physical GsabiEties.
SYAn REeoaF anon LvsrtenoR of FnE: A staff ttpmt will be aa'aiYble Wt wFclkn zeaxn (1) cakmm days before
We hemog. po staff telsm®d epp.1021 file maybe iA,p. eN the City of and 50 Palley yCora.b htdat
the City of S s of Valley City Hall, 10210 E Sprague aae. b bk 5:00 am and ptib pm, Mo uolliday, eml m
holidays. Copies of Joutmmw wa14 made aaaaable at a msombk cost C el public cramem will be recenred m
10svbdiaisimappltw4m ThepublicEmc Vw ,. msA wtinm6 )%nsprim to thehamivgro Martin P,.••t
10210 E Spague Aae, Sportive Valley. WA 99'_06. Alm: SI1A2024-0001. m emaa ro
moalmuLv svolsueaaDeaua eoa--. Co®ms tecaared wal be meth mro the taotd at the time of the public
pvticipahov pmtwo of td Publc 2& 20 You mry Leltvc conwevrs to Ciry Hatl dwmg Oibut cdao tVm
m®ems will be accepma fiom lone 26. 2024. Wtmeh ldy ll. 20'_l. Cmmunts uill Deed to be stWminedvo later than
thePm Ot 1Wy 10, 2024. for rhemm be tecavedavd adaedm We tecotd poor a theroxt h L. Commems taaved alter
that ti tN1 be emerM ivm the tarots at the Public Heaamg. Cmmmnis zecaa'ed Ihrougp L'S hfarl xi0 be ivrluhA ff
theyare taxi..apoorm We hemiag.
NOTI('E: lvdatiWWs plamivg to City
aA(v )or 510 special aaisdvice to a¢mmWaeephi-, hemivg. e
older impitmmts, please coObct We City Clerk rt (509) ]20.5102 u roonu poxsitk so Wert mmemms vYybe made.
Notice of Public Hearing
Distribution
► Notice by mail:
► Property owners in 400-foot radius
► Agencies
► Potentially outside the 400-foot radius
► Notice by Sign:
► On the site along the most heavily
traveled street
► Notice by publication:
► Regional or neighborhood newspaper
— Valley Herald
Final Decision
Timeline to make decision
Type I — approve, approve with conditions, or deny within 60 days of fully complete
Type II & III — not more than 120 days after fully complete
• Subdivisions — 90 days
Contents
• Project information and location
• Appeal information
• Findings, conclusion, decision, conditions of approval
Notice of Final Decision sent to:
• Applicant
• Agencies
• Persons requesting a copy
• Persons who testified at hearing or provided comments
Application Processing (Sample)
,260
• 0NY
♦N
too
t d
ZISO
00 r�
J
e
0 CP
os e
June 12, 2024
Mailed
June 26, 2024
Published
June 21 & 28, 2024
Type IV applications
1. Comprehensive Plan Amendments & Area -wide Rezones
2. Text Amendments to SVMC Titles 17 through 24
• Admin Report
* Action on Docket
• Study Session
• Public Hearing
• Deliberation and
Recommendation
• Administrative Report
• First Reading
• Second Reading
Vesting
Vested Rights
• Land use/development (except rezone) considered under the
development regulations in effect on the date a fully complete
application is filed
• Subsequent building/land disturbance permits vested under
related land use permit
• Vested rights can be waived.
(14mr I.,
i 4w
DIIFSTIC
I" ---
PEW