HomeMy WebLinkAbout04-03-2018 PLANNING COMMISSION AGENDA PACKETPlanning Commission Meeting
April 3, 2018 - 7:00 PM
City Hall Council Chambers
AGENDA
I.CALL TO ORDER
A.ROLL CALL/ESTABLISHMENT OF QUORUM
B.PLEDGE OF ALLEGIANCE
II.APPROVAL OF MINUTES
A.Minutes of the February 6, 2018 Regular Planning Commission Meeting
III.PUBLIC COM MENT
Comment from the audience on any item not listed on the agenda for discussion or
public hearing.
IV.OTHER BUSINESS
A.Community Development Division presentation from City's Civics Academy
B.Planning Commission Rules of Procedure
The Planning Commission will continue to review and discuss the
Planning Commission Rules of Procedure.
V.COM MUNITY DEVELOPMENT REPORT
Update on Community Development Services activities.
VI.ADJOURNMENT
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 packet.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the February 6, 2018 Regular Planning Commission
Meeting
Date:
March 22, 2018
Department:
Community Development and
Public Works
Attachments:
Draft Minutes - February 6, 2018
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
Planning Commission to approve the February 6, 2018 minutes.
Background Summary:
Reviewed by Council Committees:
Councilmember:Staff:Tate
Meeting Date:April 3, 2018 Item Number:
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DRAFT
PLANNING COMMISSION
February 6, 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, Commissioner Lee, Commissioner Stephens, Commissioner Shin,
Commissioner Moutzouris, and Commissioner Smith. Chair Roland announced
Vice-Chair Copple has resigned from the Planning Commission. Chair Roland
expressed her appreciation for the years of service former Vice-Chair Copple
provided to the Commission.
Staff present included: City Attorney Dan Heid, Planning Services Manager Jeff
Dixon, and Administrative Assistant Tina Kriss.
Members of the public present: Barry Wressell
II. APPROVAL OF MINUTES
A. Special Work Session Minutes – November 1, 2018
Commissioner Moutzouris moved and Commissioner Lee seconded to approve the
minutes from the November 1, 2018 Special Work Session minutes.
In response to a question, City Attorney Heid clarified that Commissioners that were
not in attendance may vote on the minutes if they have reviewed the minutes under
Roberts Rule of Order.
MOTION CARRIED UNANIMOUSLY. 7-0
B. Regular Meeting Minutes – November 1, 2018
Commissioner Mason pointed out that the minutes do not reflect her arrival after the
approval of minutes. Staff will include text indicating Commissioner Mason’s arrival
after the approval of minutes, under II. B. APPROVAL OF MINUTES.
Commissioner Lee moved and Commissioner Smith seconded to approve the
Minutes from the November 1, 2018 Regular meeting as amended.
MOTION CARRIED UNANIMOUSLY. 7-0
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PLANNING COMMISSION MEETING MINUTES February 6, 2018
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III. PUBLIC COMMENT
There was no public present for comments.
IV. PUBLIC HEARING
A. REZ18-0001
Chair Roland opened the public hearing on REZ18-0001, City-initiated Zoning
Map Amendments at 7:06 PM.
Planning Manager Jeff Dixon provided an overview of REZ18-0001 the City-
initiated Zoning Map Amendments.
Five parcels in two locations are part of the City-initiated rezone to implement
recent Comprehensive Plan map amendments. The first group is 4 privately-
owned, previously developed parcels changing from “DUC” Downtown Urban
Center” to “M1, Light Industrial” to recognize and be more compatible with
developed status of the properties.
The other location is a 0.98-acre city-owned park parcel located on Lea Hills
and that is proposed to change from “R-20, Residential Zone 20 units to the
acre to “I, Institutional” in response to recent City ownership as a developed
park.
Staff reviewed maps depicting the location of the properties, zoning classification and
existing land use. Staff reported that both properties were rezoned as part of the
City’s Annual Comprehensive Plan amendments adopted by Ordinance No. 6667 on
December 18, 2017.
In response to a question by the Commission, the Commission and staff discussed
the advantages of changing the 0.98-acre city-owned park parcel from “R-20,
Residential Zone 20 units to the acre to “I, Institutional”. Staff explained that the
change would make it consistent with the zoning designations that applies to other
parks, having its own set of land uses and zoning development standards that will be
more compatible with park purposes. The “I” Institution zoning district applies
regulations that are more appropriate for a property that is developed as a park than
properties that are developed as multi-family residential, the current designation.
The Commission asked staff the difference between parks that are designated as “I”
Institutional and those zoned: “OS, Open Space”. Staff explained, that consistent
with the Commission’s discussions for the Public Hearing in October on the “Open
Space” Comprehensive Plan designation the Commission determined that parks with
active recreation and developed facilities would be designated as “I” Institutional
compared to parks properties that are undeveloped, or only very passive recreational
facilities, which would be designated at “Open Space.”
In answer to Commission Lee’s question if there had been contact with the
public regarding the rezone, staff reported most of the inquires in response to
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PLANNING COMMISSION MEETING MINUTES February 6, 2018
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the public notice were by phone and seeking to understand what the rezone
was for and if it impacted their properties. The owner of two northern
properties has been supportive of this change and believes it would assist her
in attracting tenants for the building.
Planning Manager Dixon stated staff is recommending approval of the zoning
map amendments (rezones) under REZ18-0001 to the five parcels.
Chair Roland invited the public forward for testimony on REZ18-0001. With
no public present for testimony, Chair Roland closed the public hearing at
7:28 p.m.
The Commission deliberated.
The Commission and staff discussed the “M-1, Light Industrial” and “DUC,
Downtown Urban Center” zoning designations.
Commissioner Stephens moved and Commissioner Lee seconded to
recommend moving REZ18-0001 to City Council for approval.
Motion approved. 7-0
V. OTHER BUSINESS
A. Election of Officers
Chair Roland called for nominations for the Election of Chairperson for the City of
Auburn 2018 Planning Commission.
Member Mason moved and Commissioner Stephens seconded a nomination for
Commissioner Roland as Chairperson; no other Commissioners were nominated.
A vote was taken, by majority vote of Commissioners, 7-0; Commissioner Roland
was elected as the Planning Commissioner Chairperson for 2018.
Chair Roland called for nominations for the Election of Vice-Chairperson for the City
of Auburn 2018 Planning Commission. Chair Roland thanked the Commission for
the Commission.
Member Mason moved and Commissioner Shin seconded a nomination for
Commissioner Lee as Vice-Chairperson; no other Commissioners were nominated.
A vote was taken, by majority vote of Commissioners, 7-0; Commissioner Lee was
elected as the Planning Commissioner Vice-Chairperson for 2018. Vice-Chairperson
Lee thanked the Commission.
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PLANNING COMMISSION MEETING MINUTES February 6, 2018
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B. Rules and Procedures
Planning Services Manager Dixon provided an introduction of the Rules and
Procedures of the Planning Commission; last revised May 2, 2017. Staff explained
that for tonight, staff-proposed language was added to Section VII., ABSENCE OF
MEMBERS on Pages 5 and 6 of the Rules and Procedures as indicated by the
underlined text. The added two paragraphs provide language addressing the
importance of regular attendance by Commission members and a provision for a
requesting and approval of a leave of absence.
The Commission reviewed the proposed language and discussed the impact of a
member taking a leave of absence. The Commission members mostly concurred
that a leave of absence may compromise the ability to vote on matters before the
Commission due to a lack of a quorum. City Attorney Heid explained that in order to
conduct business and vote on matters before the Commission, a Commissioner Pro
Tem could be appointed to establish a quorum. After discussing options, the
Planning Commission recommended the following:
• Include the proposed language provided by staff under Section VII.
ABSENCE OF MEMBERS, paragraph one, Pages five and six regarding the
essential participation of the 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 member’s 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 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.”
• Remove the proposed language provided by staff under section VII.
ABSENCE OF MEMBERS, Paragraph 3, Page 6 regarding a leave of
absence:
“A member may request a leave of absence which must be submitted to the
planning commission’s secretary who will then provide it to the Chair for
consideration. The Chair shall have sole discretion to approve or deny the
request. A leave of absence is limited to 4 consecutive regular meetings (as
described in Section II of these rules).”
Commissioner Mason expressed her concern that the language under Section XI.
CONDUCT, Paragraphs 3 and 4 does not clearly address the enforcement of the
rules relating to order and decorum by members of the public in attendance and the
removal of disruptive individuals or parties.
The Commission discussed switching the order of Paragraphs 3 and 4 so that it the
steps would be clearer. The Commission also suggested adding language to
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PLANNING COMMISSION MEETING MINUTES February 6, 2018
Page 5
provide the Chair the discretion of removing a disruptive audience member or
members, and that the request would be through the Chair.
City Attorney Heid cautioned that there have been recent court rulings that seek to
balance free speech and disruptive behavior by attendees at open public meetings.
He offered to research and provide court case information that addresses conduct,
which would assist the Commission as they review and consider revising the
language. He recommended that the issue would be most appropriately addressed
in the City Code Section 2.45, PLANNING COMMISSION. The Commission asked
City Attorney Heid to provide that information for a future discussion on this section.
The Commission and staff continued to discuss options for conduct by attendees.
A Commissioner remarked he thought there was a provision about reviewing the
proceedings for previous meetings that members were not able to attend. The
Commission reviewed the language under Section XII. CONFLICT OF INTEREST,
Subsection 2. Appearance of Fairness, the second to the last paragraph on Pages
11 and 12, “No member may participate in any decision of 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 Commission thought this section was not a good fit for this
Section of the document and asked staff to bring back ideas where the language
could be moved in the Rules and Procedures for more clarity.
Commissioner Mason moved and Commissioner Lee seconded to adopt the
Planning Commission Rules and Procedures previously adopted May 2, 2017 with
the following staff proposed additions:
• Section VII. ABSENCE OF MEMBERS, Paragraph 1, Pages 5 and 6:
“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 member’s 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 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.”
• Remove the proposed language provided by staff under Section VII.
ABSENCE OF MEMBERS, Paragraph 3, Page 6:
“A member may request a leave of absence which must be submitted to the
planning commission’s secretary who will then provide it to the Chair for
consideration. The Chair shall have sole discretion to approve or deny the
request. A leave of absence is limited to 4 consecutive regular meetings (as
described in Section II of these rules).”
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PLANNING COMMISSION MEETING MINUTES February 6, 2018
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Motion approved 6-1. Commissioner Smith voted no.
Staff will bring back the Rules and Procedures for additional discussion at a future
meeting.
VI. COMMUNITY DEVELOPMENT REPORT
Planning Services Manager Dixon distributed a handout, which is a summary of the
required periodic update of the Shoreline Management Program. He explained that the
State of Washington Department of Ecology is requiring a review and, if appropriate, an
update of the city’s Shoreline Master Program. The evaluation of the Shoreline program
is to make sure it is consistent to any changes that have been made under state law.
The review and any proposed updates need to be completed by mid, 2019. The city and
the State of Washington Department of Ecology share responsibility for the Shoreline
program and the local program must be approved by the state. Along with the Shoreline
Master Program, the City Floodplain Regulations would be reviewed for updates since
the regulations are interrelated and apply in many of the same locations and thus require
coordination.
Since both of the updates are development regulations, staff will be bringing them before
the Planning Commission for review and public hearing. Staff expects to share with the
Commission in the future a work program and schedule.
Planning Services Manager Dixon explained that the Director of Community
Development and Public Works, Kevin Snyder, submitted his resignation. Kevin will be
joining the City of Fairfield, California as the Director of Community Development.
Staff discussed the Promenade Apartments in the Lea Hill area. Staff reported they
have received their first Certificate of Occupancy for this Mixed Use project. Residents
will be moving in to the apartment buildings. The commercial component of the project
is proposed to be occupied by a YMCA daycare.
The Commission asked about the status of the fire damaged Heritage Building located in
downtown. Staff reported the insurance investigation is ongoing.
The Commission asked whether there was a new tenant for the former Sam’s Club
space at the Outlet Collection mall. Staff reported that none is known.
The next meeting will be held March 6, 2018.
VII. ADJOURNMENT
There being no further business to come before the Planning Commission, Chair Roland
adjourned the meeting at 8:22 p.m.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Planning Commission Rules of Proceedure
Date:
March 22, 2018
Department:
Community Development and
Public Works
Attachments:
Planning Commission Rules of Procedure
adopted February 6, 2018
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background Summary:
At their February 6, 2018 regular meeting, the Planning Commission reviewed and discussed
some staff-proposed modifications to the ‘Planning Commission Rules of Procedure’
document. The Rules of Procedure are typically reviewed each year at the time of election of
officers, but Section XIII., ‘Amendment’ provides that they may be amended at any regular
meeting.
Staff had recommended the Planning Commission consider adding language to Section VII,
‘Absence of Members’, that further defines the importance of regular attendance and that
creates an allowance of a member to request a leave of absence. Staff had proposed a new
paragraph at the beginning of this section on the importance of participation and a new
paragraph at the end of this section providing for a leave of absence. The Planning
Commission decided to reject the paragraph about the leave of absence and retain the
paragraph on the importance of regular attendance.
As identified in the minutes of the February 6, 2018 meeting, there was discussion about
Section XI, ‘Conduct’, and whether existing provisions were strong enough regarding
disruptive behavior by audience members. Specifically, there was discussion about
Subsections 3 and 4 of this section. The City Attorney acknowledged that he understood the
concern, but cautioned that there have been some recent court decisions that address a
balance between free speech and disruptive behavior by attendees at open public meetings.
The City Attorney offered to research and provide information that addresses attendee
conduct that would assist the Commission as they review and consider further revising the
language.
In addition, the Commission discussed the provision under Section XII., “Conflict of Interest’,
and Subsection 2. ‘Appearance of Fairness’ and whether the provision here for a
Commissioner to listen to the recording of the hearing in order to participate in decision
making, should be moved to a different section of the document. The Commission asked for
ideas where the language could be moved for better clarity.
Recognizing that they could subsequently amend the document, the Commission decided to
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only vote on changes to Section VII, ‘Absence of Members’.
Rev iewed by Council Committees:
Councilmember:Staff:Tate
Meeting Date:April 3, 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
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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
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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
5. Other Business Items as Appropriate
6. Community Development Report
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. 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. 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.
6. Chair closes public hearing.
7. A public hearing may be reopened by motion to accept additional
testimony.
8. Deliberation.
9. Voting:
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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.
10. 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.
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11. 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.
12. 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. CONDUCT:
1. These rules are intended to promote an orderly system of holding a
public meeting and hearing, 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 shall be barred from further audience
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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, and anyone
making “out of order” comments shall 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 or professional activity that
the officer might reasonably expect would require or induce him
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.
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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.
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.
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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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