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2024-09-12 PC APPROVED SIGNED MINUTESRegular Meeting Minutes Spokane Valley Planning Commission Spokane Valley City Hall September 12, 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. The Commissioners and staff stood for the Pledge Of Allegiance. IL 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, late Justin Weathermon Dan Wilson Kelly Konkright, City Attorney Chaz Bates, Planning Manager Miguel Aguirre, IT Specialist Mariamie Lemons, Administrative Assistant III. AGENDA: Commissioner Wilson moved, and it vvas seconded, to approve the ineeting agenda for September 12, 2024, cis submitted. There was no discussion. The vote on the motion i-vas five in favor, zero against, and the motion passed IV. MINUTES: Commissioner Weathermon moved, and it was seconded, to approve the meeting minutes for the August 8, 2024 and August 22, 2024 meetings. There was no discussion. The vote on the inotion ryas five in favor, zero against, and the motion passed V. COMMISSION REPORTS: Conunissioner Kelly reported that he attended the City Council meeting on September 10, 2024. VI. ADMINISTRATIVE REPORT: Planning Manager Chaz Bates reported that this will be his last meeting serving as Planning Manager and his last day working for the City will be September 20, 2024. Iie also reported that the dedication of the soccer pitch at Balfour Park will be held on September 19, 2024. VIL PUBLIC COMMENT: There was no public cormnent offered. Commissioner Smelik arrived at 6:05 p.m. 09-12-2024 Planning Commission Minutes Page 2 of 5 VIII. COMMISSION BUSINESS: a. Motion Considerations: Planning Commission Rules Of Procedure Review Planning Manager Chaz Bates reported that City Staff 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. Commissioner Kelly pointed out the following grammatical errors: Page 3, Section V Attendance, Subsection C(1)(d): Remove "as follows" from first sentence. "By majority vote of the whole Commission, a leave of absence shall be granted rolloit s, and shall not exceed 90 days fi-wn the date the motion is passed by the Connnission. " Page 3, Section VII Meetings, Subsection B — Add "for at least' in the second sentence. "There shall be at least one regular meeting each month for at least nine months in each year with additional meetings scheduled as necessary" Page 3, Section VII Meetings, Subsection B(3). Change the number six to the number two. "The Cormnission, in concert iPith City staff, shall shrive to cancel meetings six trvo weeks prior to the meeting date" Commissioner IPeathermon moved, and it vvas seconded, to approve the Planning Commission Rules of Procedure as anended. There was no discussion. The vote on the motion was five in favor, one against with Commission Delucchi dissenting, and the motion passed. b. Study Session: CTA-2024-0001 — Amendments to Chapter 17.80 Permit Processing Associate Planner Martin Palaniuk gave a staff presentation. Ile reported that 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 created inconsistencies with the City of Spokane Valley Municipal Code Title 17, Chapter 17.80 Permit Processing Procedures. In order to be compliant with the changes, the City needs to make some updates to the Code. Mr. Palaniuk explained that the reason for Permit Processing Procedures is to establish standardized decision -making procedure for the review of land use applications, to ensure the prompt review of development applications and provide public review and comment on applications. He also outlined the different application types: Type I — Permits and decisions are issued administratively. Decision issued by the Building or Planning department. Type II — Administrative actions that contain some discretionary criteria. Decision issued by the Planning department. Type III — Quasi-judicial permits and actions that contain discretionary approval criteria. Decision issued by the Hearing Examiner. 09-12-2024 Planning Commission Minutes Page 3 of 5 • Type IV — Legislative matters involving the creation, revision, or large-scale implementation of public policy. Decision issued by the City Council with a recommendation by the Planning Commission. A Type I permit has the following process: • A Pre -Application Conference is not required. • Must be determined "Counter Complete" to be received and entered. • Must be issued a "written determination" within 28 days of receipt. The determination must state if the application is "complete" or list any deficiencies that need to be corrected to make it complete. • No Notice of Application is required • No Notice of Public Hearing is required • A Final Decision and Notice is required and must be issued to the applicant within 60 days of Determination of Completeness. The decision must be sent to the applicant, the agencies, and any person that requested a copy. A Type II permit has the following process: • A Pre -Application Conference is not required (except short subdivisions and binding site plans). • Must be determined "Counter Complete" to be received and entered. • Must be issued a "written determination" within 28 days of receipt. The determination must state if the application is "complete" or list any deficiencies that need to be corrected to make it complete. • A Notice of Application is required and must be sent to the applicant, all adjacent property owners, and local agencies within 14 days of the Determination of Completeness and published in the local newspaper. • No Notice of Public Hearing is required • A Final Decision and Notice is required and must be issued to the applicant within 120 days after the Determination of Completeness (except for subdivisions which has a requirement of 90 days). The decision must be sent to the applicant, the agencies, and all persons that requested a copy. A Type III permit has the following process: • A Pre -Application Conference is required. • Must be determined "Counter Complete" to be received and entered. • Must be issued a "written determination" within 28 days of receipt. The determination must state if the application is "complete" or list any deficiencies that need to be corrected to make it complete. • A Notice of Application is required and must be sent to the applicant, all adjacent property owners, and local agencies within 14 days of the Determination of Completeness and published in the local newspaper. • A Notice of Public Hearing is required and must be sent to the applicant, all property owners in a 400-foot radius of the property (and possibly an additional 400-foot radius depending on the project), and local agencies, it must be published in the local newspaper and noticed by sign on the property site. 09-12-2024 Planning Commission Minutes Page 4 of 5 A public hearing is held by the Hearing Examiner and the Hearing Examiner issues the final decision. The decision must be sent to the applicant, the agencies, any person who has requested a copy, and all persons who testified at the hearing or provided written continents. • An appeal process is available through Superior Court. A Type IV permit has the following process: • A Pre -Application Conference is required. • City Council for docketing • Plarming Commission for application o Study Session o Public Hearing o Deliberation and Recommendation • City Council for application o Administrative Report o First Reading of Ordinance o Second Reading of Ordinance Commissioner Delucchi asked which agencies receive notices during the agency continent period. Mr. Palaniuk answered that there are approximately 67 different agencies that receive the notices. Commission Delucchi asked if the school district sends in continents for the projects and Mr. Palaniuk answered that he has never received a comment from them (but they are sent a notice on every project). Mr. Palaniuk also explained that when an application is filed and determined completed, the application is vested under the development regulations in effect on the date of a folly complete application is filed. Commissioner Delucchi asked about accessory dwelling units (ADU) that are prohibited by language on plat maps. Mr. Palaniuk answered that the City staff reviews the underlying plat for all ADU applications. If a restriction is outlined directly on the plat map, the City can deny the request. However, the City does not enforce covenants that are adopted by the homeowners. Mr. Palaniuk stated that there will be another study session outlining all of the proposed code text amendments language at the October 10, 2024 Planning Commission meeting. IX. GOOD OF THE ORDER: Chairman McKinley and Commissioner Kelly thanked Planning Manager Chaz Bates for his years of services to the City of Spokane Valley. X. ADJOURNMENT: Commissioner Kelly moved, and it eras seconded to adjourn the meeting at 6:58 p.m. The vote on the motion was six in favor, zero against, and the motion passed. 09-12-2024 Planning Commission Minutes Page 5 of 5 Bob McKinley, Chairman Marianne Lemons, Secretary Date Signed