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Ordinance 04-005 Amends Ordinance 03-035 Creating Planning Commission CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 04-005 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING ORDINANCE NO. 35 CREATING A PLANNING COMMISSION AND ESTABLISHING THE DUTIES THEREOF. WHEREAS, the City of Spokane Valley is a non-charter code city authorized to create a Planning Commission which will serve in an advisory capacity to the City Council; and WHEREAS, the City will adopt a Comprehensive Plan and Development Regulations to guide the reasonable and orderly development of the City; and WHEREAS, The City Council wishes to respond to the expressed concerns of citizens that immediately after incorporation the City begin a comprehensive planning process and review of development regulations; and WHEREAS, the City of Spokane Valley desires to encourage citizen input into the planning process by establishing a Planning Commission which will study, receive public input and recommend a Comprehensive Plan and Development Regulations to the City Council for review and adoption. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, does hereby amend Ordinance No. 35 passed on February 25, 2003, to read as follows: Section 1. Establishment and Purpose. There is created the City of Spokane Valley Planning Commission. The purpose of the Planning Commission is to study and make recommendations to the Mayor and City Council for future planned growth through continued review of the City's comprehensive land use plan, development regulations, shoreline management, environmental protection, public facilities, capital improvements and other matters as directed by the City Council. Section 2. Membership. 1. Qualifications: The membership of the Planning Commission shall consist of individuals who have an interest in planning, land use, transportation, capital infrastructure and building and landscape design as evidenced by training, experience or interest in the City of Spokane Valley. 2. A ointment: Members of the Planning Commission shall be nominated by the Mayor and confirmed by a majority vote of at least four (4) members of the City Council. Planning Commissioners shall be selected without respect to political affiliations and shall serve without compensation. The Mayor, when considering appointments, shall Ordinance 04-005 Amending Ordinance 35 Page I of 4 attempt to select residents that represent various interests and locations within the City. 3. Number of Members/Terms: The Planning Commission shall consist of seven (7) members. All members shall reside within the City of Spokane Valley. The terms for the initial Commissioners shall be two (2) one (1) year terms, two (2) two (2) year terms and three (3) three (3) year terms. The initial members and their terms shall be decided by the Mayor and confirmed by the City Council. Subsequent terms shall be for a three (3) year period. Terms shall expire on the thirty-first day of December. 4. Removal: Members of the Commission may be removed by the Mayor, with the concurrence of the City Council, for neglect of duty, conflict of interest, malfeasance in office, or other just cause, or for unexcused absence from three (3) consecutive regular meetings. Failure to qualify as to residency shall constitute a forfeiture of office. The decision of the City Council regarding membership on the Planning Commission shall be final and without appeal. 5. Vacancies:. Vacancies occurring other than through the expiration of terms shall be filled for the unexpired term in the same manner as for appointments. 6. Conflicts of Interest: Members of the Planning Commission shall fully comply with RCW 42.23, Code of Ethics for Municipal Officers, RCW 42.36, Appearance of Fairness, and such other rules and regulations as may be adopted from time to time by the City Council regulating the conduct of any person holding appointive office within the City. No elected official or City employee may be a member of the Planning Commission. Section 3. Meetings - Rules. The Planning Commission shall every year organize and elect from its members a Chair, who shall preside at all meetings of the Commission and perform such other functions as determined by rule. A Vice-Chair shall be elected to preside in the absence of the Chair. A majority of the Commission members shall constitute a quorum for the transaction of business, and a majority vote of those present shall be necessary to carry any proposition. 2. The Commission shall determine a regular meeting schedule (time, place and frequency) and shall meet, at least, one time every month. All meetings shall be open to the public. 3. The Commission shall adopt such rules and procedures as are necessary for the conduct of business and shall keep a taped record of its proceedings. Section 4. Staff Support. Administrative staff support to the Planning Commission shall be provided by the City Planning and Community Development Department. In addition, the Commission, through its Chair may request fonual opinions or memorandums form the City Attorney or Planning and Community Development Director on any pending matter. Ordinance 04-005 Amending Ordinance 35 Page 2 of 4 • Section 5. Duties and Responsibilities. The Planning Commission, as an advisory body to the City Council, shall perform and have the following duties and responsibilities: 1. Assist in the preparation of a Comprehensive Plan and Development Regulations in compliance with RCW 36.07A and 35A.63 including the establishment of procedures for early and continuous public participation in the development and amendment of the Comprehensive Plan and the Development Regulations; 2. Review plans and regulations related to land use management, shoreline management, environmental policy, transportation systems, public facilities and capital infrastructure planning and development; 3. Upon request from the City Manager or City Council, review potential annexations to the City; 4. Where design review is required by land use ordinances of the City, perform such design review unless that review is delegated to some other appointed body or City Staff; 5. Identify issues and recommend priorities for geographic sub.-areas including park and open space areas in the City; 6. Meet and confer with the Hearing Examiner to review the administration of land use policies and ordinances to enhance the planning and permitting process; 7. Make periodic written and oral reports to the City Council addressing work in progress and other significant matters relating to the City; 8. Hold public hearings in the exercise of duties and responsibilities; 9. Perform such other duties and powers as may be conferred by ordinance, resolution or motion of the City Council • Unless other wise assumed by the City Council, the Planning Commission shall hold all public hearings required to be held in the course of adoption or amendment to the Comprehensive Plan, the development regulations, adoption or amendment of the zoning map, or adoption or amendment of regulations for the subdivision of land, shoreline management, environmental regulations, and other land use ordinances of the City. Section 6. Severability. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Ordinance 04-005 Amending Ordinance 35 Page 3 of 4 • Section 7. Effective Date. This Ordinance shall be in full force and effect five (5) days after publication of this Ordinance or a summary thereof in the official newspaper of the City as provided by law. Passed by the City Council of the City of Spokane Valley this 10`h' day of February, 2004. -.--tojj Z4,..„,) Michael DeVleming, Mayor ATTEST: —/i , kA -...„X\01,______ -Christine Bainbridge, City Clerk Approved As To Form: toott,,, , ( O �,co„...,..„,-..... o M. , Ci ttorne y p c Z lam: /-�/ =i . �, '�. ; Date of Publication: d---- :,■ Effective Date: '/9- e'9 Op ti.. '*� Ordinance 04-005 Amending Ordinance 35 Page 4 of 4