HomeMy WebLinkAbout06-05-2018 PLANNING COMMISSION AGENDAPlanning Commission Meeting
J une 5, 2018 - 7:00 P M
City Hall Council Chambers
A GE NDA
I .C AL L T O O RD E R
A .RO L L C AL L/E S TAB L I S HM E NT O F Q UO RUM
B .P L E D G E O F AL L E G I ANC E
I I .AP P RO VAL O F M INUT E S
A .A pril 3, 2018 Minutes from the P lanning Commission Regular Meeting
I I I .P UB L I C C O M M E NT
Comment from the audience on any item not listed on the agenda for discussion or public
hearing.
I V.O T HE R B US I NE S S
A .Initial Discussion of New Definition for Nexus Youth & Families
S taff to propose a new definition meeting the needs of the current and future
development of the Nexus campus near L es Gove.
B .P lanning Commission Rules of Procedure
The Planning Commission will continue to review and discuss the P lanning
Commission Rules of Procedure.
V.C O M M UNIT Y D E V E L O P M E NT RE P O RT
Update on Community Development Services activities.
V I .AD J O URNM E NT
The City of Auburn Planning Commission is an eight member advisory body that provides
recommendations to the Auburn City Council on the preparation of and amendments to land
use plans and related codes such as zoning. Planning Commissioners are appointed by the
Mayor and confirmed by the City Council.
Actions taken by the Planning Commission are not final decisions; they are in the form of
recommendations to the city council who must ultimately make the final decision.
*Denotes attachments included in the agenda pac ket.
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DRAFT
PLANNING COMMISSION
April 3, 2018
MINUTES
I. CALL TO ORDER
Chair Judi Roland called the meeting to order at 7:00 p.m. in the Council Chambers
located on the first floor of Auburn City Hall, 25 West Main Street, Auburn, WA.
a.) ROLL CALL/ESTABLISHMENT OF QUORUM
Planning Commission Members present were: Chair Judi Roland, Commissioner
Mason, Vice-Chair Lee, Commissioner Stephens, Commissioner Shin, and
Commissioner Moutzouris. Commissioner Shin was excused. Chair Roland
announced that Commissioner Smith has resigned from the Planning Commission.
Chair Roland expressed her appreciation for the years of service former
Commissioner Smith provided the Planning Commission and the citizens of Auburn.
Staff present included: City Attorney Dan Heid, Interim Community Development
Director Jeff Tate, Planning Services Manager Jeff Dixon, Development Services
Manager Jason Krum and Planning Administrative Assistant Tina Kriss.
Members of the public present: Eleven students from the Auburn Riverside High
School Civics Class.
b.) PLEDGE OF ALLEGENCE
II. APPROVAL OF MINUTES
A. February 6, 2018
Commissioner Lee moved and Commissioner Mason seconded to approve the
minutes from the February 6, 2018 meeting as written.
MOTION CARRIED UNANIMOUSLY. 5-0
III. PUBLIC COMMENT
There was no public present for comments.
IV. PUBLIC HEARING
No items were brought forward for public hearing.
V. OTHER BUSINESS
A. Community Development Division presentation from City’s Civics Academy
Interim Director Tate explained that in 2016 the City of Auburn started the Civics
Academy to provide interested community members a class on civic engagement to
learn how Auburn city government runs. As part of the class, staff from various city
departments take turns providing a presentation and answering questions from
participants who apply for the class which is held at City Hall.
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PLANNING COMMISSION MEETING MINUTES April 3, 2018
Page 2
Interim Director Tate, Planning Services Manager Dixon, and Development Services
Manager Krum provided an abbreviated presentation that is provided to the academy
participants to provide information specifically on the subject of the Community
Development Department.
B. Planning Commission Rules of Procedure
Interim Director Tate explained that at the last regular Planning Commission meeting
of February 6th, the Commission took action on an amendment to the Commission’s
‘Rules of Procedure’, adding text to Section VII. ABSENCE OF MEMBERS,
Paragraph 1, Pages 5 and 6. Also considered was a second action to not accept
another paragraph that was an addition recommended by staff. The ‘Rules of
Procedure’ distributed in tonight’s packet reflects the added text under Section VII.
ABSENCE OF MEMBERS as acted upon that meeting (dated February 6, 2018).
Interim Director Tate explained that in addition to the February 6th revisions, the
Commission asked City Attorney Heid to return to discuss audience participation
within the ‘Rules of Procedure’, this discussion may result in further revisions to the
document.
City Attorney Heid distributed case law information to the Planning Commission
along with a newly drafted ‘Rules of Procedure’ document containing staff proposed
draft language as an option to consider to address sections discussed at the last
meeting. The new draft was dated May 8, 2018.
One topic the Commission had expressed concerns about was addressing audience
disruptions in the meeting, City Attorney Heid explained his concern that in order to
address the disruption of a meeting it would be beneficial to compare this to how the
court decisions look at rights under the First Amendment regarding public meetings.
In the case law information provided to the Commission, Norse v. City of Santa Cruz,
(US District Court (9th Cir.) Court of Appeals) the Court determined that by allowing a
public comment opportunity the body is not able to limit the period for public forums
unless the subject is legislative in nature. City Attorney Heid explained that there is
no legal requirement that the Planning Commission provide an opportunity for public
comment for subjects that are not on the agenda for public hearing. In essence, the
board cannot invite wide-ranging comments at one point during the meeting and
seek to limit comment at another.
Attorney Heid indicated the Ninth Circuit Court of Appeals ruled in favor of a plaintiff
allowing the lawsuit because City Council violated his rights to express his free
speech, it later ruled that because public comment was allowed, his rights were
violated because his public comment was not legislative in nature. By opening the
door for wide-ranging public comment, the board recognizes the limitations of control
and the United States 9th Circuit Court of Appeals clarified within the decision that in
order for someone to be disturbing the meeting, it must be something that disrupts
the meeting business, not a secondary or momentary noise, something that prevents
the body from moving forward in a reasonable fashion. A momentary or secondary
distraction, or disruption under the United States 9th Circuit Court would not
constitute disruption to the business of the meeting.
As an option, City Attorney Heid stated, there is no legal requirement that the
Planning Commission provide a public comment period as a listed item on the
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PLANNING COMMISSION MEETING MINUTES April 3, 2018
Page 3
agenda. Options to obtain public comment would be to hold a workshop on the item
and allow a public comment period. Under this scenario, the setting can be more
relaxed and not as formal as a public hearing.
The Current Norse vs. Santa Cruz decision is the current law providing insight into
what the courts have ruled. Chair Roland stated that there have been a very limited
number of public comments at the Planning Commission meetings on items not
listed on the agenda. If the public comment agenda listing was removed from the
agenda (for those items not listed for public hearing), the public would not be able to
make comments, be offensive, disruptive or problematic. They would not have an
opportunity to talk unless it is in connection with the public hearing and the Chair
would determine what comments are relevant with respect to the item before the
public hearing.
Eliminating the public comment agenda listing provides the control of decorum the
Planning Commission would like for the meeting. City Attorney Heid explained that
the additional draft Planning Commission ‘Rules of Procedure’, distributed tonight,
contains amendments; most were minor in nature but the substantive changes are
summarized below:
“Public Comment” was removed from IX. AGENDA
The following new draft language was added to X. PUBLIC HEARINGS, 5.
o “All testimony and comments by persons addressing the Commission
shall be relevant and pertinent to issues before the Commission’s
public hearing. The Chair shall have the discretion to rule on the
relevance of individual public testimony.”
The language “duly seconded and approved by a majority vote” was added to
X. PUBLIC HEARINGS, 8.
The following language was moved from XII. CONFLICTS OF INTEREST,
Subsection 2.E. Appearance of Fairness; to X. PUBLIC HEARINGS,
Subsection 10. Voting, F.
o “No member may participate in any decision if the member had not
reviewed the staff reports and testimony presented at the hearing on
the matter. Such member may, however, listen to the recording of the
hearing in order to satisfy this requirement.”
The word shall was replaced by “may” under XI. CONDUCT, 3.
The following underlined draft language was added to XI. CONDUCT, 3.
o No comments shall be made from any other location “other than the
podium, lectern or table set up for people to address the Commission
at a public hearing, unless approved in advance by the Chair” and
anyone making out of order “irrelevant, distracting or offensive”
comments may be subject to removal from the meeting.
The Commission and staff discussed the risk of keeping the public comment agenda
listing and using time limits. City Attorney Heid explained that though a time limit is set
allowing public comment, the Commission must be assured they are not abridging the
First Amendment right of free speech.
City Attorney Heid encouraged the Commission to review the handouts regarding the
case law and pointed out that the McQuillin Municipal Law Report discusses the issues
that are involved in the other cases.
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PLANNING COMMISSION MEETING MINUTES April 3, 2018
Page 4
Staff pointed out and reminded the commission that one other discussion held by the
Planning Commission, at the previous meeting, was to relocate the existing provision
about a Planning Commissioner listening to the recording to participate in subsequent
decision making. Based on that discussion, Subsection 2.E. Appearance of Fairness
was moved to X. PUBLIC HEARINGS, Subsection 10. Voting, F.
“No member may participate in any decision if the member had not reviewed
the staff reports and testimony presented at the hearing on the matter. Such
member may, however, listen to the recording of the hearing in order to
satisfy this requirement.”
After discussing the options presented by City Attorney Heid and considering staff’s
recommendations for the ‘Rules of Procedure’, the Commission asked staff to further
refine the proposed amendments and bring them back to the Commission for review and
possible action at the next meeting.
VI. COMMUNITY DEVELOPMENT REPORT
Interim Director Tate reported that two Design Review Applications have been submitted
to the City for projects on the two downtown blocks located across the street and south
of City Hall. One consists of a 7-story mixed-used building with 161 Senior Housing
dwelling units on upper floors and ground floor commercial space facing both West Main
Street and the City’s Plaza Park. Parking is proposed partially on the ground level and
on a level below grade. No building permit applications have been submitted as they are
in the Design Review phase.
The other Design Review application is for the block south of The Sunbreak Café. The
property includes the entire block under one ownership, the little red house located on
the property has been acquired and will be removed for the development. The
development will include a 7-story building with 240 dwelling units. The mixed use
design will have 1st and 2nd floor parking. The commercial space will be oriented
towards Division Street with two live-work units on the southeast corner.
Staff also reported that the Auburn School District is working toward a multi-year plan to
redevelop several Auburn schools; two new schools will be built.
FEMA (Federal Emergency Management Agency) is in the process of updating
floodplain maps. The Current maps in effect date from 1995 and by early 2019 the city
will have new updated maps provided by FEMA.
The next Planning Commission meeting is scheduled for May 8, 2018.
VII. ADJOURNMENT
There being no further business to come before the Planning Commission, Chair Roland
adjourned the meeting at 8:53 p.m.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Initial Discussion of New Definition for Nexus Youth & Families
Date:
May 29, 2018
Department:
Community Development &
Public Works
Attachments:
Memorandum
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background Summary:
Please see the attached Memorandum.
Rev iewed by Council Committees:
Councilmember:Staff:Gouk
Meeting Date:June 5, 2018 Item Number:
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MEMORANDUM
TO: Judi Roland, Chair, Planning Commission
Roger Lee, Vice-Chair, Planning Commission
Planning Commission Members
FROM: Thaniel Gouk, Senior Planner, Comm. Development & Public Works Dept.
DATE: May 17, 2018
RE: Initial Discussion of New Zoning Code Definition for Nexus Youth & Families
City File No. REZ17-0006
ISSUE IDENTIFICATION
Nexus Youth & Families (“Nexus”), formerly known as Auburn Youth Resources (“AYR”), has
applied for a zoning code text amendment to add a definition that would fully encompass their
current and future plans for their campus near Les Gove Community Center. Nexus currently is
in the process of obtaining permits to rebuild an existing supportive house (called “Arcadia”).
Nexus has made the request for a new definition to fully encompass their current and future uses
for their campus.
BACKGROUND / HISTORY
As the Planning Commission may recall, Nexus applied for and was approved for, an amendment
to the Comprehensive Plan Land Use Map Designation (from ‘Single Family Residential’ to ‘Light
Commercial’) and an associated change in the Zoning Classification (from ‘R-7, Residential’ to ‘C-
1, Light Commercial’) last year for 3 properties. The Planning Commission held a public hearing
on the map change requests on November 1, 2017 and unanimously recommended approval of
the requests to the City Council. City Council then approved the requests on December 18, 2017.
The entirety of the Nexus campus is now zoned C-1, Light Commercial.
As briefly mentioned in the presentation by Staff at the public hearing, a future zoning code text
amendment would be brought forth to the Planning Commission for a new definition that would
include all of the services and uses that Nexus will be offering as their campus expands. A
conceptual campus plan provided by Nexus with their application is as follows:
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PROPOSED SET OF USES
The specific uses that were provided by Nexus are as follows:
“Street Outreach. Street Outreach consists of a 2-person mobile team that covers all cities in
South King County (Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Renton,
SeaTac, Tukwila) looking for youth and young adults (YYA) ages 12 -24 who may benefit from
our services. They travel to areas YYA congregate, spread information about available
resources, and connect interested individuals to services immediately if possible/requested.
They work closely with South King County cities for information sharing and assistance as
necessary.”
“Drop-in. Drop-in is open to anyone ages 12-24, even if they do not identify as homeless.
Services are program-based. Currently, the drop-in center is open 8:00am-10:00am and
7:00pm-9:00pm Monday-Friday. This includes meals, showers, computer use, TV access,
games, books, and a safe space to spend time. * No weekend drop-in*”
“Shelter. Young adults ages 18-24 can access shelter 7 nights/week. Doors open at 10:00pm,
and guests have an opportunity to eat, shower, and relax before bedtime. Everyone is woken
up at 7:00am and out the door by 7:45am with a light snack. Reserved beds are available for
first-timers, or those working with case managers in some cases.”
“Teen Feed. Teen Feed is a volunteer-based meal program we host weekly at the Arcadia
drop-in center. On Wednesday nights, youth can come to our drop-in center from 6:30pm-
8:00pm for a warm meal.”
“Legal Counsel for Youth & Children. Hours: 6:00p-8:30p (Every 3rd Wednesday of the month)
Free legal assistance for youth age 12-24yo.”
“Bridge Collaborative Community Advocate. The Bridge Collaborative Community Advocate
provides case management for commercially sexually exploited youth or those at risk, ages
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12-24. A hotline is staffed 24/7 for referrals, questions, or to assist in determining whether or
not a young person you’re working with may be at risk for or currently being exploited. This
advocate can work in tandem with other programs and case managers. The Bridge
Collaborative is comprised of YouthCare, Friends of Youth, NEXUS, and the Organization for
Prostitution Survivors (OPS).”
“Youth and Family Connection Network. Case management for youth and young adults ages
12-25 (26th birthday = cutoff) and their families, with a goal to divert individuals from the
homeless system to reunify with a safe support system. Referrals can come from anywhere,
and support is provided for the entire family. This case manager can work in tandem with
other programs and case managers. The program is run in collaboration with Y outhCare and
Friends of Youth.”
“Housing Navigation Program. Staff will provide scheduled and walk-in CEA housing
assessments for homeless young adults and ensure they are aware of emergency shelter
options. As part of the initial meeting, staff will review information on eligibility for CEA and
review what housing resources the young adult may be referred to based on their vulnerability
score. To help facilitate walk-in availability, agencies will determine a schedule that will allow
participants to receive housing assessments in a timely manner.”
“Best Starts for Kids Homelessness Prevention Program. Best Starts for Kids (BSK) is an
initiative to improve the health and well-being of King County by investing in prevention and
early intervention for children, youth, families, and communities. BSK is intended to prevent
and divert children and youth and their families from becoming first time homeless. Case
Manager will provide the support needed to ensure that unaccompanied youth / young adults
(ages 12-24) and families (with a youth birth- 24yo) at imminent risk of homelessness have
access to the resources needed to avoid entering the homeless system; and, to remain stably
housed over time.”
“Diversion. Diversion is a flexible fund source to help young adults 18-24yo who are un-housed
or unstably housed. Diversion is a tool that quickly addresses a young person’s housing crisis
by providing short-term, flexible financial assistance to create a long-term solution (stability
for 3months). The term “diversion” refers to diverting a youth from entering, or providing
immediate exit from, the homeless housing system (e.g. placement in shelter or Coordinated
Entry for All placements for transitional living programs, permanent supportive housing,
etc.).”
“Arcadia Transitional Living Program. 5-three bedroom unit transitional housing program for
18-24 year olds. The program would be supported by a case manager and is intended for
clients with fewer barriers to self-sufficiency. Housing units are accessed through CEA. The
case manager establishes clear boundaries and positive rapport with formerly homeless
youth/young adults enrolled in the program, and assists in setting up case-specific goal plans.
Appropriate referrals would be made to assist clients in meeting their goals, which may
include travel to the individual units, and transporting clients to services or appointments as
needed. This focus on setting and attaining goals will couple with mentorship and modeling
appropriate life skills to prepare clients to successfully transition from the program to
sustainable housing self- sufficiency.”
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EXAMPLES OF OTHER JURISDICTIONS AND PROCESSES
Nexus also runs similar facilities in other jurisdictions, such as Kirkland, which required a
Conditional Use Permit for approval; Kirkland defined the facility as follows:
“Community Facility. A use which serves the public and is generally of a public service,
noncommercial nature, such as food banks, clothing banks, and other nonprofit social service
organizations.”
The City of Bellevue has also been exploring uses to serve at -risk populations, however, at this
point their work is still under development.
Staff looked into utilizing a definition similar to the Kirkland option, however, believe it was too
broad and left too much open for interpretation. Staff instead focused on the specific uses that
Nexus provided, and developed a definition based off of those details. Once the definition was
drafted, Staff requested feedback from Nexus, and the definition below was agreed upon.
Developing new land use regulations, or a new land use definition in this case, can usually benefit
from looking at what other jurisdictions have created (i.e. not recreating the wheel), however in
this case, since Nexus offers such an array of specific services, Staff sought to develop the
definition from scratch.
PROPOSAL
Based on this information and taking into consideration existing City Code definitions, Staff
proposes the following definition to address the Nexus request:
““Community Support Facility” means a building, or a group of buildings within a campus
setting, owned and operated by a nonprofit corporation or government entity that provides
supportive services to children and young adults (under the age of 26) and families (with a
child or young adult under the age of 26), who are homeless, at risk of homelessness, at risk
of exploitation, experiencing a disability that presents barriers to employment and housing
stability; or generally require structured supportive services to be successful living in the
community; by providing counseling and case management, transitional housing (housing for
no more than two years), temporary housing (i.e. limited to overnight stay ), and daytime
drop-in services (e.g. meals, showers, counseling, etc.). Community Support Facilities shall be
located within 500 feet of a transit stop; and connected via sidewalks or an approved
pedestrian facility. Community Support Facilities are not supportive housing or communal
residences.”
The existing zoning code definitions of “Supportive housing” and “Communal housing” are
specifically called-out as not being included in the proposed definition to avoid overlap. There
are existing definitions for these uses in the Code, and by using this langua ge in the new
definition, they would not be allowed outright, only as part of a “community support facility ”.
The current definitions for these housing types are:
“ACC 18.04.891. “Supportive housing” means a multiple-family dwelling owned or sponsored
by a nonprofit corporation or government entity, designed for occupancy by individual adults
that are either (A) homeless or at risk of homelessness; (B) are experiencing a disability that
presents barriers to employment and housing stability; or (C) generally require structured
supportive services to be successful living in the community; is permitted at a greater unit
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density than otherwise allowed within a particular zone; and is intended to provide long-term,
rather than transitional, housing. Long-term housing is approximately longer than two years,
whereas transitional housing is no more than two years. Supportive housing is not a
communal residence.”
“ACC 18.04.249. “Communal residence” is a business operated out of a single residential home
without an owner occupant residing therein, where the residential home, or portions thereof,
is/are rented to more than one individual through separate, unrelated lease or rental
agreements. The fact that the individuals rent the residence or a portion thereof through
separate, unrelated lease or rental agreements shall be prima facie evidence that the
individuals are unrelated and do not meet the definition of “family” per ACC 18.04.360. Adult
family homes, foster care homes, group residence facilities, special needs housing, and
supportive housing are not communal residences.”
To implement, the proposed new use/definition would be added to the definitions section and
added as a new line in the use table and identified as an outright Permitted Use in the C-1 zone
under the “Services” category (highlighted line):
Table 18.23.030 Permitted, Administrative, Conditional and Prohibited Uses by Zone
PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE
Zoning Designation Standards for
Specific Land Uses C-N C-1 C-2 C-3 C-4 M-1 EP M-2
INDUSTRIAL, MANUFACTURING AND PROCESSING, WHOLESALING
SERVICES
Animal daycare (excluding kennels and animal
boarding)
A A A P A P X P ACC 18.57.040(A)
Animal sales and services (excluding kennels
and veterinary clinics)
P P P P P P X P ACC 18.57.040(B)
Banking and related financial institutions,
excluding drive-through facilities
P P P P P P P P
Catering service P P P P A P A P
Community Support Facility X P X X X X X X
Daycare, including mini daycare, daycare
center, preschools or nursery schools
A P P P P P P X
Dry cleaning and laundry service (personal) P P P P P P P P
Equipment rental and leasing X X X P X P X P
Kennel, animal boarding X X X A X A X A ACC 18.57.040(C)
Government facilities; this excludes offices
and related uses that are permitted outright
A A A A A A A A
Hospital X P P P X P X P
Lodging – Hotel or motel X P P P P A P A
Medical – Dental clinic P P P P P P X X
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Table 18.23.030 Permitted, Administrative, Conditional and Prohibited Uses by Zone
PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE
Zoning Designation Standards for
Specific Land Uses C-N C-1 C-2 C-3 C-4 M-1 EP M-2
Mortuary, funeral home, crematorium A P X P X P X X
Personal service shops P P P P P P X X
Pharmacies P P P P P X X X
Print and copy shop P P P P P P X X
Printing and publishing (of books, newspaper
and other printed matter)
X A P P P P P P
Professional offices P P P P P P P P
Repair service – Equipment, appliances X A P P P P X P ACC 18.57.040(D)
Veterinary clinic, animal hospital A P P P P P X X
NEXT STEPS
At the June 5th regular meeting, Staff would like to discuss the contents of this memo with the
Planning Commission. Based on the discussion, Staff would seek input on whether the definition
could be held at a future hearing to be conducted by the Planning Commission.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Planning Commission Rules of Procedure
Date:
May 29, 2018
Department:
Community Development &
Public Works
Attachments:
Draft Planning Commis s ion Rules of Procedures
Budget Impact:
Current Budget: $0
Proposed Revis ion: $0
Revis ed Budget: $0
Adminis trative Rec ommendation:
Background Summary:
Reviewed by Counc il Committees :
Counc ilmember:Staff:Tate
Meeting Date:June 5, 2018 Item Number:
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CITY OF AUBURN
PLANNING COMMISSION
RULES OF PROCEDURE
ADOPTED NOVEMBER, 1983
REVISED NOVEMBER, 1988
UPDATED APRIL, 2000
REVISED FEBRUARY, 2007
REVISED APRIL 2, 2013
REVISED MARCH 8, 2016
REVISED May 2, 2017
REVISED February 6, 2018
REVISED May 8, 2018
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PLANNING COMMISSION - RULES OF PROCEDURE
TABLE OF CONTENTS
SECTION SUBJECT PAGE
I. NAME ............................................................ 13
II. MEETINGS.................................................... 13
III. ELECTION OF OFFICERS ........................... 24
IV. CHAIR ........................................................... 24
V. SECRETARY ................................................ 35
VI. QUORUM ...................................................... 35
VII. ABSENCE OF MEMBERS ............................ 35
VIII. ACTIONS DEFINED ...................................... 36
IX. AGENDA ....................................................... 46
X. PUBLIC HEARING ..................................... 4-67
XI. CONDUCT .................................................... 10
XII CONFLICT OF INTEREST ....................... 6-710
XIII. AMENDMENT ............................................. 712
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CITY OF AUBURN PLANNING COMMISSION
RULES OF PROCEDURE
We, the members of the Planning Commission of the City of Auburn, do hereby
adopt, publish, and declare the following Rules of Procedure:
I. NAME:
The official name of the City of Auburn advisory planning agency shall be "The
City of Auburn Planning Commission." The membership and terms of office of
the members of the Planning Commission shall be as provided in Chapter
2.45 of the Auburn City Code (ACC).
II. MEETINGS:
1. All meetings will be held at the Auburn City Hall, Auburn, Washington,
unless otherwise directed by the Secretary or Chair of the Planning
Commission.
2. Regular meetings shall be held on the Tuesday following the first
Monday of each month, and shall be open to the public. The meeting
shall convene at 7:00 P.M. unless otherwise directed by the Secretary
or the Chair.
3. If the first Monday of the month is a legal holiday, the regular meeting
shall be held on the following Wednesday. If a regular meeting day
(Tuesday) falls on a legal holiday or on the November General Election,
the Commission will convene on the following Wednesday.
4. Special meetings of the Planning Commission shall be at the call of the
Chair. Special meetings of the Planning Commission may also be
called by any three members of the Commission. A minimum notice of
24 hours shall be provided for special meetings in accordance with
State law.
5. If no matters over which the Planning Commission has jurisdiction are
pending upon its calendar, a meeting may be canceled at the notice of
the Secretary or Chair provided at least 24 hours in advance.
6. Except as modified by these rules of procedure, Robert's Rules of
Order, Newly Revised, most current version, shall govern the conduct
of the meetings.
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7. Meetings of the Planning Commission shall be conducted in conformity
with the requirements of the Washington State Open Public Meetings
Act, Chapter 42.30 of the Revised Code of Washington (RCW).
Executive sessions can only be held in accordance with the provisions
of Section 42.30.110 RCW.
8. The Planning Commission may conduct business in closed session as
allowed in conformity with Section 42.30.140 RCW .
9. An agenda shall be prepared in advance of every regular and special
meeting of the Planning Commission. Meeting agendas and materials
on items on an agenda for a regular meeting shall be provided to
members of the Planning Commission not less than five (5) days in
advance of the regular meeting. Meeting agendas and materials on
items on an agenda for a special meeting shall be provided to members
of the Planning Commission as promptly in advance of the meeting as
can reasonably be accomplished.
III. ELECTION OF OFFICERS:
1. The officers of the Commission shall consist of a Chair and Vice Chair
elected from the appointed members of the Commission and such other
officers as the Commission may, by the majority vote, approve and
appoint.
2. The election of officers shall take place once each year at the
Commission’s first regular meeting of each calendar year, or as soon
thereafter as possible. The term of office of each officer shall run until
the subsequent election.
3. If the Chair or Vice-Chair vacates their position mid-term, the Planning
Commission will re-elect officers at their next scheduled meeting and as
their first order of business. If it is the Chair position that has been
vacated, the Vice-Chair will administer the election proceedings.
IV. CHAIR:
1. The Chair shall preside over the meetings of the Commission and may
exercise all the powers usually incident of the office. The Chair shall be
considered as a member of the Commission and have the full right to
have his/her own vote recorded in all deliberations of the Commission.
Unless stated otherwise, the Chair's vote shall be considered to be
affirmative for the motion.
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2. The Chair shall have power to create temporary committees of one or
more members. Standing committees of the Commission shall be
created at the direction of the Commission and appointed by the Chair.
Standing or temporary committees may be charged with such duties,
examinations, investigations and inquiries relative to one or more
subjects of interest to the Commission. No standing or temporary
committee shall have the power to commit the Commission to the
endorsement of any plan or program without the approval at the regular
or special meeting of the Commission.
3. The Vice Chair shall in the absence of the Chair, perform all the duties
incumbent upon the Chair.
4. In the event of the absence of the Chair and Vice Chair, the senior
member of the Commission present shall act as Chair for that meeting
or may delegate the responsibility to another member.
V. SECRETARY:
The Planning and Development Director (“Director”), or his/her appointee,
shall act as the Secretary for the Planning Commission and shall keep a
record of all meetings of the Commission and its committees. These records
shall be retained at the Planning and Development Department.
All public hearings shall be electronically recorded verbatim and may be
transcribed upon request of the Director, City Attorney, the majority of the
Commission, or City Council. Transcriptions may be requested by other
parties, in which case, the costs of transcription shall be borne by the
requesting party.
VI. QUORUM:
A simple majority of the appointed members shall constitute a quorum for the
transaction of business. A simple majority vote of the quorum present shall be
sufficient to take action on the matters before the Commission; provided that if
at any time during the meeting, a quorum is no longer present, the meeting
may only continue for the time and duration necessary to fix a time for
adjournment, adjourn, recess or take measures to obtain a quorum.
VII. ABSENCE OF MEMBERS:
Participation in Planning Commission responsibilities is essential; not only so
that a quorum can be established, but to also ensure that discussions and
decision making are as representative of the community as possible.
Recurring absence also diminishes a members ability to vote on matters
discussed during prior meetings. It is therefore important for all appointed
members to participate to the maximum extent possible . If a member is
unable to participate on a regular basis, it may be appropriate for a member to
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be replaced. This section of the rules is intended to provide standards that
ensure that the regular absence of one member does not become disruptive
to, or impede the work of, the full Commission.
In the event of a member being absent for two (2) consecutive regular
meetings, or being absent from 25% of the regular meetings during any
calendar year, without being excused by the Chair, the Chair may request that
the Mayor ask for his or her resignation. To be excused, members must inform
the planning commission’s secretary in advance if they cannot attend a
scheduled meeting.
VIII. ACTIONS DEFINED:
The rules of the Commission impose different requirements according to the
type of action before the Commission.
1. Legislative actions are those which affect broad classes of people of the
whole City. These actions include adopting, amending, or revising
comprehensive, community, or neighborhood plans, or other land use
planning documents or the adoption of area wide zoning ordinances or
the adoption of a zoning ordinance amendment that is area wide in
significance.
2. Quasi-judicial actions of the Planning Commission are those actions
which determine the legal rights, duties, or privileges of specific parties
in a hearing or other contested case proceeding. Quasi-judicial actions
include actions that would otherwise be administrative or legislative if
applied more widely or city-wide, rather than affecting one or a small
number of persons or properties. Quasi-judicial actions do not include
the legislative actions adopting, amending, or revising comprehensive,
community, or neighborhood plans or other land use planning
documents or the adoption of area-wide zoning ordinances or the
adoption of a zoning amendment that is of general or area-wide
significance.
3. Organizational actions are those actions related to the organization and
operation of the Commission. Such actions include adoption of rules,
directions to staff, approval of reports, election of officers, etc.
IX. AGENDA:
An agenda shall be prepared for each meeting consisting of the following
order of business:
1. CALL TO ORDER
a) Roll Call/Establishment of Quorum
b) Pledge of Allegiance
2. Approval of Minutes
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3. Public Comment
4. Public Hearings
54. Other Business Items as Appropriate
65. Community Development Report
76. Adjournment
Additional items may be added to the agenda by the Planning Commission.
The Chair shall have the discretion to amend the order of business.
X. PUBLIC HEARINGS:
The procedure for conducting all public hearings will be as follows:
1. Chair opens the public hearing and establishes whether the proponent ,
if applicable, is in attendance.
2. Staff Report.
3. Testimony of Proponent, if applicable. Persons addressing the
Commission, who are not specifically scheduled on the agenda, will be
requested to step up to the podium, give their name and address for the
record, and limit their remarks to three (3) minutes, in addition to filling
out the speaker sign in sheet available at the Secretary’s desk. All
remarks will be addressed to the Commission as a whole. The
Secretary shall serve as timekeeper. The Presiding Officer may make
exceptions to the time restrictions of persons addressing the Council
when warranted, in the discretion of the Presiding Officer.
4. Chair calls for other testimony, either for or against. Testimony must be
called for three times. The Chair shall have the discretion to set time
limits on individual public testimony.
5. All testimony and comments by persons addressing the Commission
shall be relevant and pertinent to issues before the Commission’s public
hearing. The Chair shall have the discretion to rule on the relevance of
individual public testimony.
56. Questions of staff or persons presenting testimony. Questions by
Planning Commissioners that are intended for persons who have
provided testimony shall be directed through the Chair. Questions to
persons who have provided testimony shall be relevant to the testimony
that was provided.
67. Chair closes public hearing.
78. A public hearing may be reopened by motion duly seconded and
approved by a majority vote to accept additional testimony.
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89. Deliberation.
910. Voting:
A. Any member, including the Chair, not voting or not voting in an
audible voice shall be recorded as voting in favor of the motion.
B. The Chair, Secretary, or upon request from a Commission
member, may take a roll call vote.
C. It is the responsibility of each member of the Planning
Commission to vote when requested on a matter before the full
Commission. However, a member may abstain from discussion
and voting on a question because of a stated conflict of interest
or appearance of fairness.
D. If any member of the Planning Commission wishes to abstain, or
has disclosed a conflict of interest and must abstain from a vote
on the motion, that member shall so advise the Chair and, if
there is no objection to the abstention, shall physically remove
and absent himself/herself from the meeting/hearing, all
deliberations, and considerations of the motion, and shall have
no further participation in the matter. Such advice shall be given
prior to any discussion or participation on the subject matter or
as soon thereafter as the member perceives a need to abstain,
provided that, prior to the time that a member gives advice of an
intent to abstain from an issue, the member shall confer with the
City Attorney to determine if the basis for the member's intended
abstention conforms to the requirements hereof.
If the intended abstention can be anticipated in advance, the
conference with the City Attorney should occur prior to the
meeting at which the subject matter would be coming before the
Planning Commission. If that cannot be done, the member
should advise the Chair that he/she has an "abstention question"
that he/she would want to review with the City Attorney, in which
case, a brief recess would be afforded the member for that
purpose before proceeding further.
E. If a tie vote exists, after recording the Chair's vote, the motion
fails. However, a motion for denial that fails on a tie vote shall
not be considered an approval.
F. No member may participate in any decision if the member had
not reviewed the staff reports and testimony presented at the
hearing on the matter. Such member may, however, listen to the
recording of the hearing in order to satisfy this requirement.
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1011. Continuing an Item:
If the Commission wishes to continue a public hearing item, the Chair
should open the public hearing, solicit testimony, and request a motion
from the Commission to continue the public hearing item to a time,
place, and date certain. If any matter is tabled or postponed without
establishing a date, time, and place certain, the matter shall be
scheduled for a hearing pursuant to Auburn City Code (ACC) Section
18.68.040 before the matter may be considered again.
1112. Findings of Fact:
The Commission should adopt findings of fact and conclusions for
actions taken involving public hearing items. The findings and
conclusions may be approved by any one of the following methods:
A. The Commission may adopt in whole, in part, or with
amendments, the written findings prepared by staff. Motions to
approve the staff recommendations shall be deemed to
incorporate such findings and conclusions unless otherwise
indicated. Such findings and conclusions do not have to be read
in order to be deemed a part of the record.
B. The motion to take action may adopt oral finding statements
made by Commission members or staff during the hearing or
deliberation.
C. The motion to take an action may direct that additional written
findings and conclusions be developed based on the hearing and
deliberation of the Commission.
D. Findings and conclusions may be approved or amended at any
time by the Planning Commission, but all such actions shall be
based on the record of the matter at hand.
1213. Order of Hearings:
Normally the order of hearings shall be as published in the agenda.
However, the Chair in order to avoid unnecessary inconvenience to
people wishing to testify, or the late arrival of a proponent, may change
the order as may be necessary to facilitate the meeting. If the
proponent does not appear at the public hearing, the Planning
Commission may continue the public hearing until the next meeting in
order to ensure adequate consideration of the proposal. However, in
such case the Chair shall take whatever testimony that may be given
before accepting a motion to continue pursuant to Section (8).
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XI. CONDUCT:
1. These rules are intended to promote an orderly system of holding a
public meetings and public hearings, to give persons an opportunity to
be heard and to ensure that individuals are not embarrassed by
exercising their right of free speech.
2. Any person making personal, impertinent or slanderous remarks while
addressing the Commission at a public hearing shall may be barred
from further audience participation by the Presiding Officer, unless
permission to continue is granted by a majority vote of the Commission.
3. No comments shall be made from any other location other than the
podium, lectern or table set up for people to address the Commission at
a public hearing, unless approved in advance by the Chair, and anyone
making “out of order” irrelevant, distracting or offensive comments shall
may be subject to removal from the meeting.
4. Demonstrations, applause, other disruptive behavior, or other audience
participation during or at the conclusion of anyone’s presentation are
prohibited. It is distracting to the Commission, the audience, and
persons testifying.
XII. CONFLICT OF INTEREST:
1. Any member of the Commission who in his or her opinion has an
interest in any matter before the Commission that would tend to
prejudice his or her actions shall publicly indicate, step down and leave
the meeting room until the matter is disposed. A member need only be
excused from legislative or organizational action if the potential conflict
of interest is direct and substantial.
A. No member of the Planning Commission may use his or her
position to secure special privileges or exemptions for himself,
herself, or others.
B. No member of the Planning Commission may, directly or
indirectly, give or receive or agree to receive any compensation,
gift, reward, or gratuity from a source except the employing
municipality, for a matter connected with or related to the
officer's services as such an officer unless otherwise provided for
by law.
C. No member of the Planning Commission may accept
employment or engage in business o r professional activity that
the officer might reasonably expect would require or induce him
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or her by reason of his or her official position to disclose
confidential information acquired by reason of his or her official
position.
D. No member of the Planning Commission may disclose
confidential information gained by reason of the officer's position,
nor may the officer otherwise use such information for his or her
personal gain or benefit.
E. No member of the Planning Commission may take any action
that is prohibited by Chapter 42.23 RCW or any other statutes
identifying conflicts of interest.
2. Appearance of Fairness:
Commission members shall strive to follow, in good faith, the
Appearance of Fairness Doctrine as established under Washington
State Law as it applies to quasi-judicial decisions (RCW 42.36) even for
legislative actions before the Commission. The doctrine includes but is
not limited to the following:
A. Members shall avoid communicating in respect to any proposal
with any interested parties, other than staff, outside of public
hearings. Written communication from an interested party to a
member may be permitted provided that such communication is
made part of the record.
B. Members shall avoid drawing conclusions regarding decisions
until after the public hearing is closed.
C. Members shall avoid participating in decisions which affect their
or any family member's property, personal or business interest,
or organization.
D. Members shall avoid participating in decisions in which a
preconceived bias or conclusion has been formed in the mind of
the member prior to the hearing.
E. If any concern relating to Items 1 through 4 should arise, the
affected member shall declare at the start of the public hearing
on the matter, the extent of such concern and whether the
member's decision has been influenced. If the member has
been influenced, or if the extent of the concern is significant, the
member shall be excused by the Chair from the meeting room
and his vote recorded as an abstention.
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If, under these rules, a quorum would be excused from the meeting, the
Chair in order to establish a quorum, shall under the rule of necessity,
permit sufficient members (beginning with those who are least affected
by these rules) to participate in the decision.
No member may participate in any decision if the member had not
reviewed the staff reports and testimony presented at the hearing on
the matter. Such member may, however, listen to the recording of the
hearing in order to satisfy this requirement.
These rules are intended to be consistent with RCW 42.36. In the case
of any conflict, RCW 42.36 or applicable case law shall govern.
XIII. AMENDMENT:
The Rules of Procedure may be amended at any regular meeting of the
Commission by a majority vote of the entire membership. The proposed
amendment should be presented in writing at a preceding regular meeting.
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