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HomeMy WebLinkAbout02-05-2013 PLANNING COMMISSION AGENDA 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. PLANNING COMMISSION MEETING February 5, 2013 AGENDA I. CALL TO ORDER – 7:00 p.m., Council Chambers II. APPROVAL OF MINUTES A. November 20, 2012 III. PUBLIC COMMENT Comment from the audience on any item not listed on the agenda for discussion or public hearing. IV. PLANNING DEPARTMENT REPORT Update on Planning and Development Department activities. V. ACTION A. Election of Planning Commission Chair and Vice Chair * (Chamberlain) Summary: Annual election of the Chairperson and Vice-Chairperson of the Auburn Planning Commission for 2013. VI. OTHER BUSINESS A. Planning Commission Rules of Procedures* (Chamberlain) Summary: Review of the adopted 2007 Planning Commission Rules of Procedures to determine the need, if any, for any changes or revisions or additions and to address any Commission questions or concerns regarding the Rules of Procedures. B. Auburn City Code Chapter 16.06, Environmental Review Procedures* (Chamberlain) Summary: Discussion of increased development threshold exemptions allowed under the State Environmental Policy Act. VII. ADJOURNMENT Page 1 of 2 Memorandum To: City of Auburn Planning Commission From: Elizabeth Chamberlain, AICP, Planning Manager Date: January 29, 2013 Re: Election of Planning Commission Officers The annual election of the Chairperson and Vice-Chairperson of the Auburn Planning Commission is scheduled to occur at the February 5, 2013 Planning Commission meeting. Section 3 of the City of Auburn Planning Commission Rules of Procedure (adopted November 1983, revised November 1988, updated April 2000, revised February 2007) specify the procedures for the annual election of officers. The following are those procedures as well as the duties of the Chair and the Vice Chair as specified in Section 4: 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 regular meeting in January of each calendar year. The term of office of each officer shall run until the subsequent election. 3. The vacancy of an office caused by the resignation or removal of any member of the Commission during his or her term of office shall be filled for the remaining term of office by the Mayor and confirmed by the City Council. The Chair will be replaced by the Vice Chair and the Vice Chair will be replaced by vote of the members of the Planning Commission. 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. 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 Page 2 of 2 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. Election of Chairperson The current Chairperson should call for nominations of Chairperson for the 2013 calendar year from the current membership of the Commission. Following receipt of all nominations, the current Chairperson shall name all nominations received. Following the naming of all nominees, the current Chairperson shall ask for a roll call vote by the Commission on each of the nominees individually. The Secretary shall call the name of each Commission member and ask for his/her vote for each nominee. For each nominee when asked, the Commission members present shall signify their vote by a Yes or No. The Commission member receiving the highest number of votes shall be the Chairperson for the 2013 calendar year. Election of Vice-Chairperson The newly elected Chairperson should call for nominations of Vice-Chairperson for the 2013 calendar year from the current membership of the Commission. Following receipt of all nominations, the newly elected Chairperson shall name all nominations received. Following the naming of all nominees, the newly elected Chairperson shall ask for a roll call vote by the Commission on each of the nominees individually. The Secretary shall call the name of each Commission member and ask for his/her vote for each nominee. For each nominee when asked, the Commission members present shall signify their vote by a Yes or No. The Commission member receiving the highest number of votes shall be the Vice- Chairperson for the 2013 calendar year. Please contact staff in advance of the February 5, 2013 scheduled meeting if you have any questions concerning the election of the Chairperson and Vice-Chairperson. Page 1 of 1 Memorandum To: City of Auburn Planning Commission From: Elizabeth Chamberlain, AICP, Planning Manager Date: January 31, 2013 Re: Review of Adopted 2007 Rules of Procedure The Planning Commission has previously adopted Rules of Procedure (refer to attached) to guide it in the conduct of its functions and obligations. The Rules of Procedures were originally adopted in November 1983 and have been revised several times, most recently in February 2007. At the Commission’s February 5, 2013 regular meeting, staff requests the Commission review the Rules of Procedure to determine the need, if any, for any changes or revisions or additions and to identify and discuss any Commission questions or concerns regarding the Rules of Procedures. Planning Commission – Rules of Procedure 1 CITY OF AUBURN PLANNING COMMISSION RULES OF PROCEDURE ADOPTED NOVEMBER, 1983 REVISED NOVEMBER, 1988 UPDATED APRIL, 2000 REVISED FEBRUARY, 2007 Planning Commission – Rules of Procedure 2 PLANNING COMMISSION - RULES OF PROCEDURE TABLE OF CONTENTS SECTION SUBJECT PAGE I. NAME..........................................................1 II. MEETINGS.................................................1 III. ELECTION OF OFFICERS.........................2 IV. CHAIR.........................................................2 V. SECRETARY..............................................3 VI. QUORUM....................................................3 VII. ABSENCE OF MEMBERS..........................3 VIII. ACTIONS DEFINED...................................3 IX. AGENDA.....................................................4 X. PUBLIC HEARING.....................................4-6 XI. CONFLICT OF INTEREST.........................6-7 XII. AMENDMENT............................................7 Planning Commission – Rules of Procedure 1 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 shall be "The City of Auburn Planning Commission." 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. If the first Monday of the month is a legal holiday, the regular meeting shall be held on the following Wednesday. The meeting shall convene at 7:00 P.M. unless otherwise directed by the Secretary or the Chair. 3. Special meetings shall be at the call of the Chair. A minimum notice of 24 hours shall be provided for special meetings in accordance with State law. 4. When a regular meeting day (Tuesday) falls on a legal holiday or on the November General Election, the Commission will convene on the following Wednesday. 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, as amended, shall govern the conduct of the meetings. 7. Executive sessions can only be held in accordance with the State Open Meetings Act. Planning Commission – Rules of Procedure 2 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 regular meeting in January of each calendar year. The term of office of each officer shall run until the subsequent election. 3. The vacancy of an office caused by the resignation or removal of any member of the Commission during his or her term of office shall be filled for the remaining term of office by the Mayor and confirmed by the City Council. The Chair will be replaced by the Vice Chair and the Vice Chair will be replaced by vote of the members of the Planning Commission. 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. 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. Planning Commission – Rules of Procedure 3 V. SECRETARY: The Planning, Building and Community 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, Building and Community 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 dispose of the matters before the Commission. VII. ABSENCE OF MEMBERS: In the event of a member being absent for three (3) 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, or by the end of the next business day. 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. 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. Planning Commission – Rules of Procedure 4 IX. AGENDA: An agenda shall be prepared for each meeting consisting of the following order of business: 1. Roll Call/Establishment of Quorum. 2. Approval of Minutes. 3. Public Comment 4. Staff Comments and Reports 5. Public Hearings. 6. Other Business Items as Appropriate. 7. 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. 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. Questions of staff or persons presenting testimony. 6. Chair closes public hearing. 7. A public hearing may be reopened by motion to accept additional testimony. 8. Deliberation. 9. Voting: A. Any member, including the Chair, not voting in an audible voice shall be recorded as voting in favor of the motion. Planning Commission – Rules of Procedure 5 B. The Chair, Secretary, or upon request from a Commission member, may take a roll call vote. C. An abstention from any member present during the vote shall count as a vote for the majority. D. If a tie vote exists, after recording the Chair's vote, the motion fails. 8. 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. 9. 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. Planning Commission – Rules of Procedure 6 10. 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). XI. CONFLICT OF INTEREST: A. 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. B. 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: 1. 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. 2. Members shall avoid drawing conclusions regarding decisions until after the public hearing is closed. 3. Members shall avoid participating in decisions which affect their or any family member's property, personal or business interest, or organization. Planning Commission – Rules of Procedure 7 4. 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. 5. 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. 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 heard the 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. XII. 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. G:\PC Planning Commission\^rules of procedure Revised 1.2007.doc Memorandum To: Planning Commission Members From: Elizabeth Chamberlain, AICP, Planning Manager Date: January 29, 2013 Re: State Environmental Policy Act Development (SEPA) Threshold Exemptions – Discussion of Increasing the Development Threshold Exemptions Background The State Environmental Policy Act (SEPA) was enacted in 1971, when the nation’s awareness of environmental problems was emerging. Many laws and procedures for environmental protection, land use planning, and infrastructure provision have been implemented since SEPA was first adopted. The 2012 legislature directed the Washington State Department of Ecology (Ecology), through Senate Bill (SB) 6406, to modernize the rules that guide state and local agencies in conducting SEPA reviews, in light of the increased environmental protections in place under RCW 36.70A (Growth Management Act), RCW 90.58 (Shoreline Management Act), and other laws. The legislation sets up two rounds of rule updates: A narrowly-focused initial round (targeted to be complete by the end of 2012) and a broader round of SEPA rule updates during 2013. As directed by Section 301 of the bill, the initial rule making will consider two specific topics: • Increasing the thresholds for SEPA review of minor construction projects under Washington Administrative Code (WAC) 197-11-800(1) and (23)(c); and • Improving the efficiency of the environmental checklist in WAC 197-11-960. Ecology created a SEPA Advisory Committee comprised of representatives from local jurisdictions, state agencies, tribes, and other interested parties to assist it in updating the SEPA exemption thresholds and the environmental checklist. Discussion Ecology issued the revised SEPA Rule Adoption Notice on December 28, 2012 and the revised rules became effective on January 28, 2013. Auburn currently has adopted the maximum thresholds for minor new construction, unless on lands wholly or partly covered by water, which are the following: • Projects that are 20 dwelling units or less (single family and multi-family) 2 • Projects that are 12,000 square feet or less • Parking lots that have 40 or less parking spaces • Grading of 500 cubic yards or less The proposed increased exemptions for fully planning GMA counties (Auburn is within King and Pierce County which are fully planning GMA counties) and incorporated areas, the following maximum exemption levels could be implemented by Auburn: Fully Planning GMA Counties Project Types Incorporated and unincorporated Urban Growth Areas Single Family Residential 30 units Multi-family Residential 60 units Barn, loafing shed, farm equipment storage, produce storage, or packing structure 40,000 square feet Office, school, commercial, recreational, service, storage building, or parking facilities 30,000 square feet and 90 parking spaces Landfill or excavation (Grading) 1,000 cubic yards One of the primary reasons for expanding the construction exemptions under SEPA is that local jurisdictions have implemented development regulations, critical areas ordinances, updated shoreline master plans, and impact fees that address the environmental impacts of projects. This discussion item is an introduction to the Planning Commission of the revised SEPA rules and next steps in the review process to determine whether Auburn should increase its development exemption thresholds under SEPA. There is no deadline to adopt the revised exemption levels. It is at the jurisdictions discretion on whether to implement the increased exemption levels. After this initial discussion, staff will return at the Commission’s March regular meeting with further discussion points and information. Discussion Question: 1. What other information would the Planning Commission like to see as part of this review process? Attachment: Attachment A: Revised SEPA rules