2024-07-25 - Agenda PacketjValleye
Notice and Agenda For Regular Meeting
Spokane Valley Planning Commission
Thursday, July 25, 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 July 25, 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 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(a),spokanevallevwa.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://Wokanevallgy.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: June 13, 2024 and June 27, 2024
6. COMMISSION REPORTS
7. ADMINISTRATIVE REPORT
8. PUBLIC COMMENT: This is an opportunityfor 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. Study Session: Planning Commission Rules Of Procedure Review (Presented By Tony Beattie)
10. FOR THE GOOD OF THE ORDER
11. ADJOURNMENT
Regular Meeting Minutes
Spokane Valley Planning Commission
Spokane Valley City Hall
June 13, 2024
I. Chairman Robert McKinley called the regular meeting to order at 6:00 p.m. The meeting was held in
person and via ZOOM meetings.
II. 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
Michael Kelly, absent
Bob McKinley
John Robertson, absent
Vadim Smelik
Justin Weathermon
Dan Wilson
Kelly Konkright, City Attorney
Chaz Bates, Planning Manager
Lori Barlow, Senior Planner
Chad Knodel, IT Manager
Marianne Lemons, Administrative Assistant
There was consensus to excuse Commissioner Kelly & Commissioner Robertson from the
meeting.
IV. AGENDA: Vice -Chair Delucchi moved, and it was seconded, to approve the meeting agenda for
June 13, 2024, as submitted. There was no discussion. The vote on the motion was five in favor,
zero against, and the motion passed.
V. MINUTES: Commissioner Wilson moved, and it was seconded, to approve the May 23, 2024,
minutes as presented. There was no discussion. The vote on the motion was five in favor, zero
against, and the motion passed.
VI. COMMISSION REPORTS: Vice -Chair Delucchi reported that she attended a Chamber of
Commerce meeting discussing the building permit process. Chair McKinley reported that he
attended the Veterans Memorial dedication at Balfour Park.
VH. ADMINISTRATIVE REPORT: Planning Manager Chaz Bates reported that there will be a Study
Session at the next Planning Commission meeting regarding the Comprehensive Plan grant
opportunities. He also stated that the State Of The City will be held at Centerplace on July 24, 2024.
VIH. PUBLIC COMMENT: Jennifer Schrock (Spokane Valley) expressed concern regarding the
Sunshine Health Assisted Living building that is proposed on a vacant lot in Spokane Valley. She
06-13-2024 Planning Commission Minutes
Page 2 of 3
stated that she is extremely concerned about the location of the business and the lack of parking that
will be available.
IX. COMMISSION BUSINESS:
a. Public Hearing: STV-2024-0002 —Hutchinson Road & Riverside Avenue Street Vacation
The public hearing was called to order at 6:15 p.m.
Senior Planner Lori Barlow presented a staff report regarding a privately initiated street vacation
request to vacate a 60' X 130' segment of Hutchinson Road and a 40' X 270' segment of
Riverside Avenue located north of Sprague Avenue and east of Argonne Avenue. The
applicant for the request is MacPherson Holdings, LLC and CANUSA Land Holdings Corp.
The vacation on Riverside Avenue is a 40' wide segment of road lying within 120' of the
Argonne and Sprague intersection. The Hutchinson Road segment intersects with Riverside
Avenue with a forced east turn movement.
The public hearing notice was posted on each end of the area to be vacated and posted on the
City website. Written notice was mailed to property owners abutting the property and the
Notice of Public Hearing was published in the Valley Herald and the Exchange on two separate
occasions.
Ms. Barlow stated that the request was sent out to agencies for review and comment. Avista
responded that they have a gas service in the right-of-way (ROW) of both Riverside Avenue and
Hutchinson Road. They also have an electric service line along Hutchinson Road. Lumen, Spokane
County Wastewater, and Modern Electric and Water Company all responded that they have utilities
located in the ROW of Hutchinson Road. The service providers have requested an easement so that
they have adequate access to their utility lines.
Ms. Barlow explained that Spokane Valley Fire Department issued potential conditions that include
fire access being provided to the building from Argonne Road and a "Drive Aisle" on site that
allows for through access to Hutchinson Road. They stated that the access can be gated if the gate is
35' from the ROW so that the fire truck does not have to park on Argonne Road. However, they
request that any gates have a Knox padlock or key switch and signs that read "Emergency Access
Only".
Ms. Barlow stated that Spokane Valley Development Engineering Department issued potential
conditions that include installing a "Dead End" sign at Hutchinson Road and Harrington Road. They
also stipulated that only one driveway approach would be allowed on Argonne Road. The approach
would need to be located at the intersection of Riverside Avenue and Argonne Road. They must
remove the existing curb returns, curb ramps, and street signs and replace them with concrete curbs,
gutters, and sidewalk. They will also be required to remove the existing driveway approach serving
15 N Argonne Road and replace it with curb, gutter, and sidewalk.
Ms. Barlow outlined that there are two options for the vacation. Option one is to distribute half of the
vacated land to each adjacent lot. There will be a common access easement established for all
affected parcels. A Record of Survey shows property distribution and recorded access easements.
Option 2 is to distribute the vacated land to only the lot owned by MacPherson Holdings. It will
06-13-2024 Planning Commission Minutes
Page 3 of 3
require a signed and notarized document from CANUSA Land Holdings forfeiting the right to
acquire the ROW and authorize it to go to MacPherson Holdings. An access easement must be
established for CANUSA. Record of survey that shows property distribution, recorded access
easement and consolidation of parcels adjacent to Argonne Road. Ms. Barlow clarified that the
Planning Commission did not need to determine the preferred option.
Vice -Chair Delucchi asked for clarification of the comments received from Spokane County. Ms.
Barlow answered that the County is requesting an easement before they are willing to sign off on the
change.
Vice -Chair Delucchi asked about fencing of the property. Ms. Barlow responded that it is not a
requirement to be fenced. The property owner hopes to fence the property at some point in the
future, but it is not required that they clearly identify the fencing at this point in the process.
The public hearing was closed at 6:47 p.m.
Vice -Chair Delucchi moved to recommend approval of STV 2024-0002 subject to staff conditions.
There was no discussion. The vote on the motion was five in favor, zero against, and the motion
passed.
X. GOOD OF THE ORDER: Vice -Chair Delucchi requested education programs as part of the
Planning Commission meetings for the rest of the year.
XI. ADJOURNMENT: Commissioner Wilson moved, and it was seconded, to adjourn the meeting at
6:50 p.m. The vote on the motion was five in favor, zero against, and the motion passed.
Bob McKinley, Chairman Date Signed
Marianne Lemons, Secretary
Regular Meeting Minutes
Spokane Valley Planning Commission
Spokane Valley City Hall
June 27, 2024
I. Chairman Robert McKinley called the regular meeting to order at 6:01 p.m. The meeting was held in
person and via ZOOM meetings.
II. 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
Michael Kelly
Bob McKinley
John Robertson, absent
Vadim Smelik
Justin Weathermon
Dan Wilson
Tony Beattie, Deputy City Attorney
Chaz Bates, Planning Manager
Lori Barlow, Senior Planner
Justan Kinsel, IT Specialist
Marianne Lemons, Administrative Assistant
There was consensus from the Planning Commission to excuse Commissioner Robertson
IV. AGENDA: Commissioner Wilson moved, and it was seconded to approve the meeting agenda for
June 27, 2024, as submitted. There was no discussion. The vote on the motion was six in favor, zero
against, and the motion passed.
V. COMMISSION REPORTS: Vice -Chair Delucchi reported that she has researched the
comprehensive land use plan and wants to make sure that there is a lot of citizen participation during
the code update process. She offered her services to the City of Spokane Valley to organize the
citizen participation.
VI. ADMINISTRATIVE REPORT: There was no Administrative Report.
VH. PUBLIC COMMENT: Al Merkel, Spokane Valley, stated that the City has overdeveloped in the
wrong sort of way and doesn't have the services needed to support that development. He
encouraged the Planning Commission to get as much citizen participation as possible during the
code update process.
VIH. COMMISSION BUSINESS:
a. Findings of Fact: STV-2024-0002 — Hutchinson Road & Riverside Avenue Street Vacation
06-27-2024 Planning Commission Minutes
Page 2 of 2
Senior Planner Lori Barlow provided a brief overview of the Findings of Fact for STV-2024-0002
explaining how they formalize the Commission's recommendations made after receiving public
comment during the public hearing and Planning Commission deliberations.
Commissioner Wilson moved, and it was seconded to approve the Findings ofFactfor STV-2024-
0002 as presented. There was no discussion. The vote on the motion was six in favor, zero against,
and the motion passed.
b. Study Session: Periodic Update Overview
Planning Manager Chaz Bates gave a presentation regarding an overview of the periodic update of
the City's Comprehensive Plan and Development Regulations. The presentation included
information of local government in land use planning, upcoming anticipated changes to the
Comprehensive Plan and Development Regulations, and an overview of available grants and their
timelines.
IX. GOOD OF THE ORDER: Vice -Chair Delucchi reported that she is creating a discussion group
called "Just Talking Spokane Valley" to discuss matters within the community.
X. ADJOURNMENT: Commissioner Wilson moved, and it was seconded, to adjourn the meeting at
7: 00 p.m. The vote on the motion was six in favor, zero against, and the motion passed.
Bob McKinley, Chairman Date Signed
Marianne Lemons, Secretary
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: July 25, 2024
Item: Check all that apply ❑ old business ❑ new business ❑ public hearing
❑ information ® study session ❑ pending legislation
AGENDA ITEM TITLE: Planning Commission Rules of Procedure Review
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.
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.
Staff recommends that Commissioners review the current Planning Commission Rules of
Procedure to prepare for discussion. A draft of minor changes aimed at consistency has been
provided in the packet. Staff is seeking the Planning Commission's direction as to recommended
changes.
RECOMMENDED ACTION OR MOTION: Discussion only. Staff will return with more changes upon
having discussion with and receiving recommendations from the Planning Commission.
STAFF CONTACT: Chaz Bates, Planning Manager; Tony Beattie, Senior Deputy City Attorney
ATTACHMENTS: Planning Commission Rules of Procedure with minor changes
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
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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 City Hall Council Chambers, 10210 E. Sprague Avenue,
Spokane Valley, WA, 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. Commissionscrs 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. If both the Chair and Vice -Chair are absent from any meeting, the Secretary will
exercise the duties of the Chair for that meeting.
4. Secretary of the Commission
A. The City Manager shall assign a Secretary to the Commission.
Planning Commission Rules of Procedure Amendment Pagel of 8
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 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, or Secretary or Biiil i g ^ffeia', 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:
a. Such serious health or physical condition must be certified in writing by a medical
physician.
b. The request for a leave of absence shall be in writing, and hand -delivered or mailed
to the Secretary of the Commission or a�i'�l 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
follow: T�� �. 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.
Planning Commission Rules of Procedure Amendment Page 2 of 8
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 Commissioner member shall serve more
than two full consecutive terms as Chair of the Commission. No Commissioner-mAmbpr 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 Commissioners 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. Ouorum
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. Commissioners Hers present when the question was called shall give their vote. If any
Commissioner -member refused to vote "aye" or "nay" their vote shall be counted as a nay vote,
unless the Commissioner -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. 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,
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.
Planning Commission Rules of Procedure Amendment Page 3 of 8
10. Meetines
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"a
and 4' Thursdays of the month, commencing at 6:00 p.m. and ending not later than 9:00 p.m.
Meeting ending time may be extended by a majority vote of the Commission. Meetings may be
used for general planning matters, study sessions or public hearings as described below.
1. Meetings on General Planning Matters. General planning matters to be reviewed by the
Commission will typically be preceded by a study session of the Commission to discuss
the issues with City staff. Generally, no testimony from the public shall be taken at a study
session.
2. Public Hearing Meeting. A public hearing is a meeting to provide the public an opportunity
to comment or give testimony on a proposed action or items such as the Comprehensive
Plan, or 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.
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 -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 Hearines
A. Actions for a Commission Public Hearing.
Planning Commission Rules of Procedure Amendment Page 4 of 8
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 Commissioners rxierbers 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 Commissioner-membef 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.
Planning Commission Rules of Procedure Amendment Page 5 of 8
3. The Chair will inquire as to whether Commissioners members have any questions of staff. If
any Commissioner-metr4ef 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 Commissioners 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 Commissioner -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 Commissioners members.
8. The Chair will inquire if there is any further discussion by the Commissioners.
9. The Chair will inquire if there are any final comments or recommendations from staff.
10. The Chair will inquire of the Commissioners rxembers 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 Commissioners ors 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.
A. 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.
B. The Secretary shall provide the Commissioners rneml4ers 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 Commissioners ors 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
Planning Commission Rules of Procedure Amendment Page 6 of 8
Commissioners 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 Commissioner -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 Commissioner's-member's independence of judgment or action in the
performance of their official duties;
b. A Commissioner-tnereber having a financial or other private or personal interest in any
matter upon which the member is required to act in the discharge of his or her official
duties;
c. A "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
membe can reasonably conclude that the connection is or was remote and inconsequential.
d. If a Commissioner mernbeF is required to refrain from deliberation or participation by their
employer because of a real or perceived conflict of interest, then the Commissioner
mpmbp will be allowed to recuse or withdraw from that deliberation.
2. Conflict of Interest Procedure: Every Commissioner-meamaff who has a conflict of interest
shall publicly disclose the conflict at the next Commission meeting after the Commissioner
member discovers the conflict. If a discovery or determination of a conflict is made during a
Commission meeting, the Commissioner 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.
a. If a Commissioner-membff feels that they cannot be unbiased because of any conflict of
interest, the Commissioner-membef shall recuse themselves from further proceedings on
the issue. Such Commissioner -member shall make a public statement disclosing the
reasons why the Commissioner- member believes they are disqualified, and state they are
recusing themselves from the issue. The disqualified Commissioner -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
Commissioner membe 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 member has a conflict of interest.
D. Other Prohibited Acts. Commissioners FnembeFs 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.
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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
member, 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.
16. Appearance of Fairness
A. The Commission shall adhere to the applicable requirements of the Appearance of Fairness
Doctrine, chapter 42.36 RCW.
B. During the pendency of any quasi-judicial proceeding, no Commissioner -member may engage in
ex parte communications with proponents or opponents about any proposal involved in the pending
proceeding, unless::
1. The Commissioner member places on the record the substance of such oral or written
communications; and
2. The Commissioner —.:ember 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 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.
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