HomeMy WebLinkAboutPlanning 2022-12-08 Item 8 - Planning Commission Bylaws - Attachments
RULES OF PROCEDURE
FOR THE
TUKWILA PLANNING COMMISSION
AND
BOARD OF ARCHITECTURAL
REVIEW
Adopted April 17, 1958
Amended November 29, 1973
Amended February 28, 1974
Amended July 29, 1982
Amended February 26, 1998
Amended March 23, 2006
Amended January 15, 2009
Amended August 25, 2011
Amended October 2017
AdoptedFebruary __, 2022
Commented \[NE1\]:
This will be updated
once the Bylaws have been approved
Attachment A
13
RULES OF PROCEDURE
FOR THE
TUKWILA PLANNING COMMISSION AND
BOARD OF ARCHITECTURAL REVIEW
ARTICLE I PURPOSE AND GOALSOBJECTIVES
Commented \[NE2\]:
Changed to Objectives -
the Council establishes the PC goals, not the PC.
Pursuant to the authority conferred by RCW 35A.63 and per Tukwila Municipal Code (TMC)
They implement.
2.36.010 the Planning
capacity to the Mayorand City Council for the City of Tukwila.
The purpose of the Tukwila Planning Commission is to perform the function of a Municipal
Planning Commission as set forth in Chapter 35.63 of the Revised Code of Washington
TMC on matters relating to land
use, comprehensive planning and zoning. Members of the Planning Commission also serve as
the The purpose of the Tukwila Board of Architectural Review, whose purpose is to review land
development and building design per the TMC Chapter 18.60. (This dual function shall continue
to be referenced herein as the , unless otherwise specified).
Commented \[NE3\]:
This language is
intended to clarify that the Planning Commission
The objectives of the Planning Commission are as follows:
serves as two separate Boards: the Planning
Commission and the Board of Architectural
1. To influence in a positive manner the major planning efforts and projects that will affect
Review, addressed by separate sections of the
the city.
municipal code.
2. To advocate consistency and integration among plans which provide a future image and
direction for the city as well as the means for meeting more immediate needs.
3. To ensure that effective citizen participation, including opportunities for timely public
4. To represent a whole-city view point when evaluating proposed plans, projects and
issues.
5.
constraints as well as identified citizen viewpoints.
6. To fairly judge the merits of quasi-judicial applications, such as a design review, or
Commented \[NE4\]:
This simplifies this item -
subdivision preliminary plat or phasing plan with an associated design review
it is not necessary to list an example task.
applicationshoreline conditional use permits.
Commented \[NE5\]:
This term should be
The goal objective of the Board of Architectural Review is to provide review by public
consistent with the one highlighted above: either
officials of land development and building design in order to promote the public health, safety they are both goals or they are both objectives
and welfare. Specifically, the Board of Architectural Review ("BAR") shall only approve well-
Commented \[NE6\]:
This comment is
designed developments that are creative and harmonious with the natural and manmade
misplaced - the expectations of the review
environmentsIndividual project approvals shall be based on an evaluation of the project design
.
performed by the BAR are spelled out in the
against the applicable design guidelines, Zoning CodeTMC requirements and other development
applicable code sections and do not belong here.
standards.
Commented \[NE7\]:
File footer to be
removed
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ARTICLE II -MEMBERSHIP
Per TMC 2.36.020, the Planning Commission shall be composed of seven members and shall
include six community membersresidents representing a cross section of the community from
Commented \[NE8\]:
This clarifies that the
different trades, occupations, activities, and geographical areas and one member representing a
majority of the Tukwila PC is composed of
business operating in the City.(Alist of current members, terms,and past Commission Chairsis
Tukwila residents, vs. people who may have
shown in Exhibit A.)
businesses in town but do not live in Tukwila.
Commented \[NE9\]:
This will be updated
Per TMC 18.60.020, the Board of Architectural Review shall consist of the members of the
every year without requiring an update of the
Planning Commission.
Bylaws
A.Length of Appointment
The term of membership for the members of the Tukwila Planning Commission shall be
four years.
B.Resignation
If a Commission member is unable to complete their term of service a letter of
resignation should be sent to the Mayor indicating the effective date of the resignation.
C.Removal
Commission members may be removed from the position if absent without being excused
for three consecutive meetings or six regular meetings in a calendar year.
D.Compensation
Membersreceive no monetary compensation for serving on the Commission.
Commented \[EFM10\]:
Recommend
removing underscore.
ARTICLE III - DUTIES OF THE COMMISSION, OFFICERS,
COMMISSIONERS, AND SUPPORT STAFF
A.Duties of Commission
The Commission shall undertake the duties and responsibilities defined in TMC
2.32.0102.36.010 and in TMC 18.60, when sitting as the Board of Architectural Review.
B.Officers
Officers shall be a Chair and a Vice-Chair; both appointed members of the Commission
and shall be approved pursuant to Article IV. In the absence of both the Chair and the
Vice-Chair, members shall elect a Chair pro tem. The officers of the Commission shall
also sit as officers of the Board of Architectural Review.
Commented \[NE11\]:
Clarification of how the
Commission officers are selected and that they
C.Duties of the Officers
also serve as officers of the BAR
Chair
The Chair shall preside at all meetings and adhere to the duties of the presiding officer
prescribed in . When necessary, the Chair shall
call for special meetings. The Chair shall be a full voting member of the Commission.
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The Chair may delegate duties to other Commissioners with the consent of the
Commission. The Chair shall speak on behalf of theCommission before City Council,
the public and City staff.
(per TMC 2.97.040 and
.050). In the event the Chair is unable or unwilling to serve on the Board of Ethics, the
Commission shall select a member to serve on the Board.
The responsibilities of the Chair include:
Presiding at all meetings of the CommissionProviding group direction and options
for setting goals;
Commented \[NE12\]:
Commission goals are
Coordinating with staff to set meeting agendas;
set by the Council; this change clarifies the
function of the Chair.
Coordinating meeting preparation with City staff; and
Representing the Commission in the community.
The term of office shall be one year.
Vice-Chair
The Vice-Chair shall perform the duties of the Chair in absence of the Chair. The Vice-
Chair may also speak on behalf of the Commission before City Council, the public and
City staff when the Chair is not available to speak.
The term of office shall be one year. The Vice-Chair will automatically be promoted to
the Chair the following year.
Commented \[NE13\]:
Clarifies that sequence
of leadership is automatic.
D.Duties of Commissioners
It is the responsibility of all Commission members to:
Arrange adequate time to carry out responsibility as a Commission member;
Come to meetings prepared: rRead all reports, proposals and documents
distributed prior to meetings;
Listen to other Commission members and communicate with respect and
courtesy; and
Participate in group discussion and decision making.
Ethics Training
1.
Every Commission member must complete Ethics Training and sign an Ethics
Training Certification Form within 90 days of appointment and must complete the
training within 90 days of reappointment or every four years, whichever comes first.
2.Open Public Meetings Act Training
Pursuant to RCW 42.30.205, every Commission member must complete training on
the Open Public Meetings Act and sign an OPMA Training Certification Form within
90 days of appointment and must complete the training within 90 days of
reappointment or every four years, whichever comes first.
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3.Public Records Training
Every Commission member must complete training on the Public Records Act and
sign a Public Records Training Certification Form within 90 days of appointment and
must complete the training within 90 days of reappointment or every four years,
whichever comes first.
4.Conflict of Interest
of his or her position. Public officials must declare any conflicts of interest at a public
meeting. A conflict exists if a recommendation potentially could affect the finances
of the group member or the finances of a family member. If a conflict exists, the
member must declare this fact at a meeting where the issue is being discussed and
refrain from discussing or voting on the recommendation.
Every Commission member must sign a Conflict of Interest Disclosure Form within
90 days of appointment and must sign a new Disclosure Form within 90 days of
reappointment or every four years, whichever comes first.
5.Equity Policy Training
Commented \[NE14\]:
New Equity Training
Equity Policy Training In 2017, the Tukwila City Council adopted the Equity Policy,
required by City Administrator.
Resolution No. 1921. The Tukwila City Council identified the need for an equity
community that provides equal access to all City services.
The purpose of this policy is to provide guidance to City elected officials, staff,
boards and commissions, partners, residents, businesses, and guests on how the City
of Tukwila will actively promote equitable access to opportunities and services. The
City requiresevery member of an advisory body to complete training on the Equity
Policy, Resolution 1921 within 90 days of appointment and within 90 days of
reappointment or every four years, whichever comes first.
E.Duties of Support Staff
One or more City staff are assigned to support the Commission. The Director of the
Tukwila Community Development Department or his/her designee will serve as the
Secretary to the Commission. The primary role of the Secretary is to represent the City
and facilitate communication between the Commission, City Administration, the City
Council and other City departments. Responsibilities of the Secretary and support staff
include:
Ensuring compliance with applicable laws, such as the Open Public Meetings Act
(OPMA) and the Public Records Act (PRA) including legal noticing
requirements;
Maintaining a current roster of all members;,
Taking roll at regular, special and public hearing meetings;
Compiling agendas and agenda packets, recording, transcribing, and maintaining
minutes and records, forwarding recommendations and/or implementing actions;
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Providing professional guidance, issue analysis and recommendations;
Assisting with research, report preparation and correspondence.
ARTICLE IV DESIGNATION OF OFFICERS
The Commission shall make a motion to designate a Chair and a Vice Chair to serve for one
year, as described in Article III. Designations are based on longevity of service on the
Ccommission and will rotate through all of the members (unless the member declines to assume
the role) before a member serves an additional term. Generally, officers Officers shall be
annually advanced designated and take office annually at the first regular public meeting of the
Commission in Januaryeach year. The first item of new business shall be the designation of the
officers and they will assume their duties at that time.
Commented \[NE15\]:
Clarifying language
added.
The Vice-Chair from the previous year will be designated as Chair and the next member in line
in line of seniority will be designated as the Vice-Chair.
Should the Chair be vacated prior to the completion of the Term, the Vice-Chair will assume the
duties and responsibilities of the Chair for the remainder of the Term. The next member in line of
seniority will then be designated as the new Vice-Chair to serve out the remainder of the Term.
Should the Vice-Chair be vacated prior to the completion of the Term, the Chair will designate
the next member in line of seniority as the new Vice-Chair to serve out the remainder of the
Term.
ARTICLE V MEETINGS
Meetings
Section 1:
All Commission meetings shall comply with the requirementsof the Open Public Meetings Act
RCW 42.30. All meetings shall be noticed and open to the public. Should it be necessary to
cancel a noticed meeting, that cancellation shall be completed 24 hours prior to the meeting and
shall be carried out consistent with requirements for providing notice for the meeting, as
practical. For meetings cancelled with less than 24 h notice, staff shallbe present at the
advertised meeting site to notify any members of the public showing up.
Commented \[NE16\]:
Clarifies procedures in
the event of a cancellation.
The Planning Commission may hear hold both legislative and quasi-judicial actionshearings, as
well as hold work sessions. The Commission may devote part or all of a meeting to an
Commented \[NE17\]:
Adding Work Sessions
informational work session during which no comments from the public will be permitted, unless
as a type of meeting
the Chairperson or a majority, on a case-by-case basis, decides otherwise. All Board of
Architectural Review hearings are quasi-judicial in nature. However, Aall meetings shall be
Commented \[NE18\]:
Moved below
open to the public and duly noticed per the applicable regulations in the Tukwila Municipal
CodeTMC.
The purpose of legislative public hearings is to obtain public input on matters of policy. They do
not involve the legal rights of specific, private parties in a contested setting but rather affect a
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wider range of citizens or perhaps the entire City. Legislative decisions by the Planning
Commission are recommendations that are forwarded to the City Council for final decision.If
Commented \[NE19\]:
Clarification of what
challenged, the decision reached at a legislative public hearing is only reviewed to determine if it
happens to Legislative decisions.
is constitutional or violates state law.
This paragraph was reordered from the original
All Board of Architectural Review hearings are quasi-judicial in nature. Quasi-judicial public
sequence to conform to the sequence of PC
hearings determine the legal rights, duties or privileges of specific parties, decided in a contested
meeting types listed above (legislative, quasi-
case proceeding by non-judicial decision-makers such as planning commissions, city councils judicial, then work sessions).
and hearing examiners. The decisions made as a result of such hearings must be based on and
The last sentence is not applicable and was
supported by the record developed at the hearing. Therefore, these types of hearings are subject
deleted.
to stricter procedural requirements than legislative hearings.
Commented \[NE20\]:
Unnecessary specifics
Work session are staff-led meetings that are intended to provide Commissioners with a better
removed.
understanding of general or specific planning issues that may come before them for decision, or
that support understanding the context of planning issues. Commissioner training may also be
included in work sessions.
Commented \[NE21\]:
New paragraph to
describe these meetings
All meetings of the Planning Commission shall be governed by these by-laws. Where the by-
laws do not state otherwise, the parliamentary rules and procedures contained in the current
Roberts Rules of Order
edition of shall apply.
A.A. Schedule
The Commission shall hold regular meetings according to the following schedule:
The fourth Thursday of each month January through October and the second
Thursday in November and December. The meetings shall begin at 6:30 p.m. unless
modified. Should a regular meeting day be a legal holiday, the scheduled meeting
shall be postponed to the succeeding Thursday, unless a majority of the Commission
votes to select another day or to cancel the meeting.
Any Commission meeting may be canceled by a majority vote or consensus of the
Commission. The Chair or Vice-Chair may instruct the Secretary to cancel a meeting
for lack of agenda items or lack of a quorum.
B. Special Meetings
Special meetings may be heldby the Commission subject to notice requirements
prescribed by State law; this may include holding a regularly scheduled meeting at a
different time. Special meetings may be called by the Chair in conjunction with the
Commented \[NE22\]:
Clarification that
Secretary, the City Council, or the Mayor, or by the written request of any three (3)
meetings start at 6:30; if the Commission wants
Commissioners by written notice emailed or delivered to each member of the
to change a meeting time for any reason, it
Commission at least 24 hours before the time specified for the proposed meeting.
becomes a special meeting (unless the bylaws
are amended)
Special meeting called shall state the subject(s) to be considered and no subject other
than those specified in the notice shall be considered. No special meetings shall be
scheduled between November 15th and the end of the year. The agenda for a special
meeting need not conform to the Order of Business in Section C of this Article.
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C. Remote Meetings
Commented \[NE23\]:
Added in response to
1.In the event of an emergency as declared by the City, State,and/or Federal
the Council's adoption of similar amendments to
government, the Commission may arrange for electronic participation at a
Resolution No. 2022 regarding Council Rules of
Commission or BAR meeting or Public Hearing.
Procedure. This amendment was recommended
a. During a fully-remote meeting, Commissioners may attend by phone or other
in response to the 2022 Washington state
electronic means that allow all participants to hear one another.
legislature's adoption of House Bill 1329, which
b. Fully-remote meetings are open to the public and arrangements must be allows members of a governing body to
participate remotely in a meeting during a non-
conducted such that the public can hear the meeting while it is occurring, subject
emergent period.
to the requirements of RCW 42.30.
2. In times of non-emergency, the Commission recognizes the value of in-person
attendance at meetings. However, remote attendance by a Commission member not
physically able to be present, whether for all or part of a meeting, is allowed subject
to the following provisions:
a. A Commission member may attend remotely a maximum of three Commission or
BAR meetings or Public Hearings per calendar year; provided the Commission
may, by majority vote, allow a Commissioner to attend additional meetings
remotely in excess of three per year due to medical or other factors beyond the
b. A Commissioner planning to attend a meeting remotely should notify the
Secretary to the Commission no later than noon the day of the meeting.
c. A Commissioner attending remotely will be marked present, counted toward a
quorum, and can vote just as if physically present.
d. nection should become lost during the meeting,
loss of a virtual connection will not be counted toward the maximum limit
described in Section 2.a.
e. Commissioners are expected to follow current pandemic quarantine procedures as
recommended by Public Health Seattle & King County. Remote attendance for
this purpose will not be counted toward the maximum limit described in Section
2.a.
Commented \[NG24\]:
This language is only
relevant if the Commission chooses to return to
DC. Order of Business
in-person meetings.
The order of business for each regular meeting of the Commission shall be as follows:
1. Call to Order
2. Roll Call
3. Amendment of Agenda if NecessaryApproval of Agenda
4. Approval of Minutes
5. Public Comment
6. Unfinished Business
76. New Business
87. Reports of Commissioners and Staff/Announcements
98. Adjournment
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E. Public Comment
The Commission shall provide the public the opportunity to comment. Comments (oral or
written) relating to items to be presented in a public hearing should be provided during the
public hearing or they will not be part of the public record, however comments on any other
topic may be accepted. Such comments shall be written and, if provided to the Secretary of
the Planning Commission prior to 5:00 p.m. the day before the Commission meeting, will be
forwardedto Commissionersfor their information and review at the meeting.
If such comment is received less than 24 hours prior to the Planning Commission meeting,
staff will hold the comment and forward it to the Commission for review at a following
meeting. No oral comment will be accepted, outside of a formal public hearing, unless
permitted by the Commission, as described in Article VI, section D. Comment received will
be kept with staff files pertinentto the meeting and will not become part of the formal
meeting record.
DF. Notices
The Secretary shall notify the public shall be notified of the preliminary agenda for the
Records Center. In the event of a public hearing, the notice of hearing will be published in
the legal section of the newspaper in compliance with RCW 35A.12.160 and TMC 18.104,
TMC 108, and TMC 18.112.
ARTICLE VI -RULES OF MEETINGS
A.Absences
Absence from more than three (3) consecutive Commission meetings may be cause for
removal. Members shall communicate with the Secretary with requests for an excused
absence in the event they will miss three (3) or more consecutive meetings. Emergency
requests may be considered. The Chair may approve the absence.
B.Quorum
At all Commission meetings, the presence of the majority of the currently seated members
constitutes a quorum. A quorum is required for the Commission to take any action.
C.Rules of Procedure
er Newly Revised
The current edition of shall provide the basis for
meeting structure and official decisions shall be made by motion and vote of the
Commission.
D.Meeting Decorum
To provide a fair and efficient forum for the conduct of business at Planning Commission
meetings, the following rules of decorum shall be observed:
a) No person shall address theCommission without first obtaining recognition from the
Chair.
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b) The Commission may allow comments from members of the public attending work
sessions by permission of theChair or majority vote.
c) If there are a large number of people who wish to speak at a meeting the Chair may
limit each speaker to a specific number ofminutes of speaking time. If a speaker is
representing an organization, the Chair may grant that speaker additional speaking
time.
d)If audience dialogue becomes disruptive, the Chair may recess the meeting or request
that the meeting be adjourned.
e) Once a member of the public has spoken in regard to a specific matter before the
Commission, he or she shall may not be recognized to speak again until all persons
wishing to speak have first been given the opportunity to do so.
f) To aid in the creation of accurate meeting minutes all public speakers should identify
themselves each time they address the Commission.
g) Commission meetings will generally begin at 6:30 PM or as indicated on the public
notice. They will continue until the agenda items have been completed or until 9:30
PM whichever comes first. Continuation of a meeting past 9:30 PM requires
approval of a motion to extend by a majority vote. If no motion is approved, the Chair
will continue the meeting to a date certain.
E.E. Conflict of Interest and Appearance of Fairness for Quasi-Judicial Actions
The appearance of fairness doctrine is a rule of law that requires government decision-
makers to conduct quasi-judicial hearings and make quasi-judicial decisions in a way that is
both fair in appearance and in fact. Any member of the Commission who, in his or her
opinion,has an interest in any matter before the Commission that would prejudice his or her
actions shall so publicly indicate and shall step down, leave the hearing room and refrain
from voting and any manner of participation with respect to the matter in question so as to
avoid any possible conflict of interest or violation of the appearance of fairness.
If a member of the Commission or his/her immediate family has a tangential interest in the
matter at hand but does not think that this would prejudice his/her opinion the member
should publicly disclose this interest on the record prior to the start of the hearing and allow
persons to challenge his/her participation in the hearing. If so challenged, the member shall
step down, leave the hearing room and refrain from voting and any manner of participation
with respect to the matter in question. If not challenged, the member may participate.
If a member of the Commissioner has had ex-parte communication (communication outside
of the hearing) with either proponents or opponents of the project, the member Commissioner
shall place the substance of the written or oral communication on the record, make a public
announcement of the content of the communication, and allow persons to challenge his or her
participation in the hearing. If so challenged, the member shall step down, leave the hearing
room and refrain from voting and any manner of participation with respect to the matter in
question.
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F. Quasi-Judicial Hearing Procedures
F.
All quasi-judicial hearings held by the Commission shall be recorded and use the following
procedures:
Chair - call the meeting to order
Secretary - take attendance
Commission - review, amend and adopt the minutes of previous meetings
Commented \[NE25\]:
These are regular
Chair - swear in all those who wish to offer testimony at the hearing including staff
meeting activities and are not part of the
members.
Hearing.
Chair - open the public hearing, state the purpose of the hearing and the action the
Commission may take.
Staff - ask each of the Planning Commission/BAR MembersCommissioners the following
questions regarding any appearance of fairness issues:
Do you or your family have any interest in the subject property?
Do you stand to gain or lose by your decision on this matter?
Have you had any ex-parte communications about this application? If so, please
disclose the substance of these communications and whether you think it will
impair your ability to impartially decide on the merits of the application.
If any Commissioner answers yes to one or more of the prior questions,ask:
Does anyone here object to Commissioner _________ hearing this matter?
If any Commissioners disclose appearance of fairness issues, then the Planning
Commission shall allow the applicant or other audience members to challenge their
participation in the hearing. If so challenged, the Commissioner
must step down from the case and leave the room unless this would cause the loss of
a quorum per RCW 42.36.090. If the applicant does not object to the Commissioner
hearing the case, please have them state that for the record.
Staff present the staff report and take questions from the Planning Commission
Applicant optional presentation and take questions from the Planning Commission
Public comments and questions are to be directed to the Planning Commission. This is
Commented \[EFM26\]:
This is public
public comment only; no questions or dialogue with staff, Commissioners, other
comment only, no questions or dialogue with
commenters, or the applicant should occur during the public comment phase of the
staff, commissioners, other commenters, or the
hearing.
applicant should occur during the public
comment phase ofthe hearing.
Rebuttal testimony and responses by staff, applicant and the public
Chair - close the public hearing
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Commission - Deliberations see Section H.
Commission Voting
Commission deliberates
Commented \[EFM27\]:
There should be a
Any member may make a motion on the application
motion on the floor before deliberation happens.
Any member may second the motion
Discussion
Vote
Next Item if applicable
Chair - adjourn the meeting
G. Legislative Hearing Procedures
All legislative hearings held by the Commission shall use the following procedures:
Chair - call the meeting to order
Secretary - take attendance
Commission - review, amend and adopt the minutes of previous meetings
Chair - open the public hearing, state the purpose of the hearing and the action the
Commission may take
Staff present the staff report and take questions from the Commission
Public comments and questions are to be directed to the Commission. This is public
comment only; no questions or dialogue with staff, Commissioners, other commenters, or
the applicant should occur during the public comment phase of the hearing.
Rebuttal testimony and responses by staff and the public
Chair - close the public hearing
Deliberations see Section H.
Commission - Deliberations see Section H.
Commented \[EFM28\]:
There should be a
motion on the floor before deliberation happens.
Commission Voting
Any member may make a motion on the application
Any member may second the motion
Discussion
Vote
G.XH. Commission deliberates
Planning Commission Deliberation
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After all speakers at a public hearing have been heard, the Planning Commission shall close the
public comment portion of the hearing, consider all the information, and deliberate on the matter.
This deliberation shall include:
a) The information submitted;
b) The written comments received;
c)Any presentation and discussion made at the hearing; and
d) The staff report.
Commented \[NE29\]:
Clarification of what
Any member may make a motion on the application
the PC should consider during deliberations.
Any member may second the motion
Discussion
Vote
Next Item if applicable
Chair - adjourn the meeting
HI. Voting
Voting on all matters except amendments to these by-laws shall be by simple majority.
a) The Chair shall have one vote and shall enjoy the same opportunity to vote as
afforded to all other Commission members.
b) On matters considered of extreme importance, the Chair may call for roll call vote.
c) No matter may be voted upon unless:
1) The matter has been discussed at a previous meeting of the Commission, or
2)1) The matter has been placed on the agenda prior to the meeting by any
member of the Commission or by the Secretary, or
3) A new legislative item, not on the agenda, and considered by a 2/3 vote of the
Commission to constitute an emergency and thus warrant immediate decision,
may be approved by a 2/3 vote, or
4)2) A new procedural item, not on the agenda, may be approved by a simple
majority vote.
Commented \[NE30\]:
Streamlined to
represent current practice.
d) All Commissioners members shall have one and only one vote on any particular
matter of business.
e) There shall be no voting by proxy.
f) Any by-law rule may be waived by a simple majority vote of the Commission.
J. Planning Commission Recommendations
After discussion and deliberation, the Commission shall make a recommendation to the City
Council by a motion and approval of a majority of those members present. If there are any
additional considerations or issues that the Commission would like conveyed to Council, they
shall identify those and direct staff to include that information in the staff report to Council.
Commented \[NE31\]:
Clarification of PC's
process for recommendations, and opportunity
to provide staff with direction on any additional
K. Adjournment/Recess/Continuations considerations or issues they wish to have
conveyed to the Council.
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Meetings shall be adjourned by a majority vote of the Planning Commission or by the chair when
it appears that there is no further business.
The Planning Commission may, by majority vote or consensus, recess for a short break. The
proposal to recess may set a time limit or can be until the Chair calls the meeting back to order.
Continuations of meetings shall be to a definite time and place by the majority vote of present
Commission members. The Planning Commission may continue a public hearing to a future date
for the purpose of accepting new written or oral testimony. A continued public hearing to a date
certain does not require new public notice. A closed public hearing cannot be re-opened without
issuance of a new public notice.
ARTICLE VII CODE OF ETHICS
Members of the Commission shall fully comply with RCW 42.23 Code of Ethics for Municipal
Officers and with TMC 2.95 Code of Ethics for Employees and Appointed Officials.
ARTICLE VIII COMMITTEES
From time-to-time, the Chair may appoint sub-committees of the Commission membership, or a
Committee-of-the-Whole thereof, for purposes of furthering the conduct of Commission
business. Such committees may be directed to draft or review legislative proposals, to initiate
code-amendments or special studies, or to undertake research and analysis of topical matters
referred to the Commission by action of the City Council.
ARTICLE IX AMENDMENTS
These Rules of Procedure may be amended by two thirds vote of the members present at any
regular or special meeting, provided notice of such proposed changes shall be transmitted by the
Secretary to each member in good standing not less than five (5) days nor more than fifteen (15)
days prior to such meeting.
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Exhibit A
20221 ROSTER OF PLANNING COMMISSIONERS
PositionMemberTerm (4 years)
AppointedTerm
Expiration
Position #1 (Resident)LOUISE STRANDER 03/15/201012/31/2022
Position #2 (Resident)KAREN SIMMONS, Chair 01/07/201912/31/2022
Position #3 (Business)MARTIN PROBST 06/27/2022 12/31/2023
Position #4 (Resident)DENNIS MARTINEZ 3/21/201612/31/2023
Position #5 (Resident)ALEXANDRIA TEAGUE 01/4/2212/31/2022
Position #6 (Resident)APNEET SIDHU, Vice Chair 05/17/2112/31/2023
Position #7 (Resident)SHARON MANN 08/20/201212/31/2023
Louise Strander, Chair
Karen Simmons, Vice-Chair
Andrea Reay
Dennis Martinez
Alexandria Teague
Apneet Sidhu
Sharon Mann
Wynetta Bivens, Secretary, Wynetta Bivens
Past Chairs
2021 Commissioner Louise Strander
2020 Former Commissioner Heidi Watters
2019 Commissioner Dennis Martinez
2018 Former Commissioner Nhan Nguyen
2017 Former Commissioner Miguel Maestes
2016 Commissioner Sharon Mann
2015 Former Commissioner Mike Hansen
2014 Commissioner Louise Strander
2013 Former Commissioner Thomas McLeod
2012 Former Commissioner Brooke Alford
2011 Former Commissioner Margaret Bratcher/Commissioner Alford
2010 Former Commissioner Bill Arthur
2009 Former Commissioner George Malina
2008 Former Commissioner Chuck Parrish
2007 Former Commissioner George Malina
2006 Former Commissioner Allan Ekberg
2005 Former Commissioner Margaret Bratcher
2004 Former Commissioner George Malina
Page ii of 1713
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2003 Former Commissioner Kirstin Whisler
2002 Former Commissioner David Livermore
2001 Former Commissioner Vern Meryhew
Page iii of 1713
29
30
RULES OF PROCEDURE
FOR THE
TUKWILA PLANNING COMMISSION
AND
BOARD OF ARCHITECTURAL
REVIEW
Adopted April 17, 1958
Amended November 29, 1973
Amended February 28, 1974
Amended July 29, 1982
Amended February 26, 1998
Amended March 23, 2006
Amended January 15, 2009
Amended August 25, 2011
Amended October 2017
Adopted February __, 2022
Attachment B
31
RULES OF PROCEDURE
FOR THE
TUKWILA PLANNING COMMISSION AND
BOARD OF ARCHITECTURAL REVIEW
ARTICLE I PURPOSE AND OBJECTIVES
Pursuant to the authority conferred by RCW 35A.63 and per Tukwila Municipal Code (TMC)
2.36.010 the Planning
capacity to the Mayor and City Council for the City of Tukwila.
The purpose of the Tukwila Planning Commission is to perform the function of a Municipal
Planning Commission as set forth in Chapter 35.63 of the Revised Code of Washington
on matters relating to land use, comprehensive planning
and zoning. Members of the Planning Commission also serve as the Tukwila Board of
Architectural Review, whose purpose is to review land development and building design per the
TMC Chapter 18.60. (This dual function shall continue to be referenced herein as the
, unless otherwise specified).
The objectives of the Commission are as follows:
1. To influence in a positive manner the major planning efforts and projects that will affect
the city.
2. To advocate consistency and integration among plans which provide a future image and
direction for the city as well as the means for meeting more immediate needs.
3. To ensure that effective citizen participation, including opportunities for timely public
ses.
4. To represent a whole-city viewpoint when evaluating proposed plans, projects and issues.
5.
constraints as well as identified citizen viewpoints.
6. To fairly judge the merits of quasi-judicial applications.
The objective of the Board of Architectural Review is to provide review by public
officials of land development and building design in order to promote the public health, safety
and welfareIndividual project approvals shall be based on an evaluation of the project design
.
against the applicable design guidelines, TMC requirements and other development standards.
ARTICLE II MEMBERSHIP
Per TMC 2.36.020, the Planning Commission shall be composed of seven members and shall
include six residents representing a cross section of the community from different trades,
occupations, activities, and geographical areas and one member representing a business
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operating in the City. (A list of current members, terms, and past Commission Chairs is shown in
Exhibit A.)
Per TMC 18.60.020, the Board of Architectural Review shall consist of the members of the
Planning Commission.
A.Length of Appointment
The term of membership for the members of the Tukwila Planning Commission shall be
four years.
B.Resignation
If a Commission member is unable to complete their term of service a letter of
resignation should be sent to the Mayor indicating the effective date of the resignation.
C.Removal
Commission members may be removed from the position if absent without being excused
for three consecutive meetings or six regular meetings in a calendar year.
D.Compensation
Membersreceive no monetary compensation for serving on the Commission.
ARTICLE III - DUTIES OF THE COMMISSION, OFFICERS,
COMMISSIONERS, AND SUPPORT STAFF
A.Duties of Commission
The Commission shall undertake the duties and responsibilities defined in TMC 2.36.010
and in TMC 18.60, when sitting as the Board of Architectural Review.
B.Officers
Officers shall be a Chair and a Vice-Chair; both appointed members of the Commission
and shall be approved pursuant to Article IV. In the absence of both the Chair and the
Vice-Chair, members shall elect a Chair pro tem. The officers of the Commission shall
also sit as officers of the Board of Architectural Review.
C.Duties of the Officers
Chair
The Chair shall preside at all meetings and adhere to the duties of the presiding officer
prescribed in . When necessary, the Chair shall
call for special meetings. The Chair shall be a full voting member of the Commission.
The Chair may delegate duties to other Commissioners with the consent of the
Commission. The Chair shall speak on behalf of the Commission before City Council,
the public and City staff.
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Board of Ethics (per TMC 2.97.040 and
.050). In the event the Chair is unable or unwilling to serve on the Board of Ethics, the
Commission shall select a member to serve on the Board.
The responsibilities of the Chair include:
Presiding at all meetings of the Commission;
Coordinating with staff to set meeting agendas;
Coordinating meeting preparation with City staff; and
Representing the Commission in the community.
The term of office shall be one year.
Vice-Chair
The Vice-Chair shall perform the duties of the Chair in absence of the Chair. The Vice-
Chair may also speak on behalf of the Commission before City Council, the public and
City staff when the Chair is not available to speak.
The term of office shall be one year. The Vice-Chair will automatically be promoted to
the Chair the following year.
D.Duties of Commissioners
It is the responsibility of all Commission members to:
Arrange adequate time to carry out responsibility as a Commission member;
Come to meetings prepared: read all reports, proposals and documents distributed
prior to meetings;
Listen to other Commission members and communicate with respect and
courtesy; and
Participate in group discussion and decision making.
Ethics Training
1.
Every Commission member must complete Ethics Training and sign an Ethics
Training Certification Form within 90 days of appointment and must complete the
training within 90 days of reappointment or every four years, whichever comes first.
2.Open Public Meetings Act Training
Pursuant to RCW 42.30.205, every Commission member must complete training on
the Open Public Meetings Act and sign an OPMA Training Certification Form within
90 days of appointment and must complete the training within 90 days of
reappointment or every four years, whichever comes first.
3.Public Records Training
Every Commission member must complete training on the Public Records Act and
sign a Public Records Training Certification Form within 90 days of appointment and
must complete the training within 90 days of reappointment or every four years,
whichever comes first.
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4.Conflict of Interest
of his or her position. Public officials must declare any conflicts of interest at a public
meeting. A conflict exists if a recommendation potentially could affect the finances
of the group member or the finances of a family member. If a conflict exists, the
member must declare this fact at a meeting where the issue is being discussed and
refrain from discussing or voting on the recommendation.
Every Commission member must sign a Conflict of Interest Disclosure Form within
90 days of appointment and must sign a new Disclosure Form within 90 days of
reappointment or every four years, whichever comes first.
5.Equity Policy Training
Equity Policy Training In 2017, the Tukwila City Council adopted the Equity Policy,
Resolution No. 1921. The Tukwila City Council identified the need for an equity
community that provides equal access to all City services.
The purpose of this policy is to provide guidance to City elected officials, staff,
boards and commissions, partners, residents, businesses, and guests on how the City
of Tukwila will actively promote equitable access to opportunities and services. The
City requires every member of an advisory body to complete training on the Equity
Policy, Resolution 1921 within 90 days of appointment and within 90 days of
reappointment or every four years, whichever comes first.
E.Duties of Support Staff
One or more City staff are assigned to support the Commission. The Director of the
Tukwila Community Development Department or his/her designee will serve as the
Secretary to the Commission. The primary role of the Secretary is to represent the City
and facilitate communication between the Commission, City Administration, the City
Council and other City departments. Responsibilities of the Secretary and support staff
include:
Ensuring compliance with applicable laws, such as the Open Public Meetings Act
(OPMA) and the Public Records Act (PRA) including legal noticing
requirements;
Maintaining a current roster of all members;
Taking roll at regular, special and public hearing meetings;
Compiling agendas and agenda packets, recording, transcribing, and maintaining
minutes and records, forwarding recommendations and/or implementing actions;
Providing professional guidance, issue analysis and recommendations;
Assisting with research, report preparation and correspondence.
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ARTICLE IV DESIGNATION OF OFFICERS
The Commission shall make a motion to designate a Chair and a Vice Chair to serve for one
year, as described in Article III. Designations are based on longevity of service on the
Commission and will rotate through all of the members (unless the member declines to assume
the role) before a member serves an additional term. Officers shall be annually advanced and
take office at the first regular public meeting of the Commission each year. The first item of new
business shall be the designation of the officers and they will assume their duties at that time.
The Vice-Chair from the previous year will be designated as Chair and the next member in line
in line of seniority will be designated as the Vice-Chair.
Should the Chair be vacated prior to the completion of the Term, the Vice-Chair will assume the
duties and responsibilities of the Chair for the remainder of the Term. The next member in line of
seniority will then be designated as the new Vice-Chair to serve out the remainder of the Term.
Should the Vice-Chair be vacated prior to the completion of the Term, the Chair will designate
the next member in line of seniority as the new Vice-Chair to serve out the remainder of the
Term.
ARTICLE V MEETINGS
Meetings
All Commission meetings shall comply with the requirements of the Open Public Meetings Act
RCW 42.30. All meetings shall be noticed and open to the public. Should it be necessary to
cancel a noticed meeting, that cancellation shall be completed 24 hours prior to the meeting and
shall be carried out consistent with requirements for providing notice for the meeting, as
practical. For meetings cancelled with less than 24 h notice, staff shall be present at the
advertised meeting site to notify any members of the public showing up.
The Planning Commission may hold both legislative and quasi-judicial hearings, as well as hold
work sessions. The Commission may devote part or all of a meeting to an informational work
session during which no comments from the public will be permitted, unless the Chairperson or a
majority, on a case-by-case basis, decides otherwise. However, all meetings shall be open to the
public and duly noticed per the applicable regulations in the TMC.
The purpose of legislative public hearings is to obtain public input on matters of policy. They do
not involve the legal rights of specific, private parties in a contested setting but rather affect a
wider range of citizens or perhaps the entire City. Legislative decisions by the Planning
Commission are recommendations that are forwarded to the City Council for final decision.
All Board of Architectural Review hearings are quasi-judicial in nature. Quasi-judicial public
hearings determine the legal rights, duties or privileges of specific parties, decided by non-
judicial decision-makers such as planning commissions, city councils and hearing examiners.
The decisions made as a result of such hearings must be based on and supported by the record
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developed at the hearing. Therefore, these types of hearings are subject to stricter procedural
requirements than legislative hearings.
Work session are staff-led meetings that are intended to provide Commissioners with a better
understanding of general or specific planning issues that may come before them for decision, or
that support understanding the context of planning issues. Commissioner training may also be
included in work sessions.
All meetings of the Planning Commission shall be governed by these bylaws. Where the bylaws
do not state otherwise, the parliamentary rules and procedures contained in the current edition of
Roberts Rules of Order shall apply.
A.Schedule
The Commission shall hold regular meetings according to the following schedule:
The fourth Thursday of each month January through October and the second
Thursday in November and December. The meetings shall begin at 6:30 p.m.. Should
a regular meeting day be a legal holiday, the scheduled meeting shall be postponed to
the succeeding Thursday, unless a majority of the Commission votes to select another
day or to cancel the meeting.
Any Commission meeting may be canceled by a majority vote or consensus of the
Commission. The Chair or Vice-Chair may instruct the Secretary to cancel a meeting
for lack of agenda items or lack of a quorum.
B. Special Meetings
Special meetings may be held by the Commission subject to notice requirements
prescribed by State law; this may include holding a regularly scheduled meeting at a
different time. Special meetings may be called by the Chair in conjunction with the
Secretary, the City Council, or the Mayor, or by the written request of any three (3)
Commissioners by written notice emailed or delivered to each member of the
Commission at least 24 hours before the time specified for the proposed meeting.
Special meeting called shall state the subject(s) to be considered and no subject other
than those specified in the notice shall be considered. No special meetings shall be
scheduled between November 15th and the end of the year. The agenda for a special
meeting need not conform to the Order of Business in Section C of this Article.
C. Remote Meetings
1. In the event of an emergency as declared by the City, State, and/or Federal
government, the Commission may arrange for electronic participation at a
Commission or BAR meeting or Public Hearing.
a. During a fully-remote meeting, Commissioners may attend by phone or other
electronic means that allow all participants to hear one another.
b. Fully-remote meetings are open to the public and arrangements must be
conducted such that the public can hear the meeting while it is occurring, subject
to the requirements of RCW 42.30.
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2. In times of non-emergency, the Commission recognizes the value of in-person
attendance at meetings. However, remote attendance by a Commission member not
physically able to be present, whether for all or part of a meeting, is allowed subject
to the following provisions:
a. A Commission member may attend remotely a maximum of three Commission or
BAR meetings or Public Hearings per calendar year; provided the Commission
may, by majority vote, allow a Commissioner to attend additional meetings
remotely in excess of three per year due to medical or other factors beyond the
b. A Commissioner planning to attend a meeting remotely should notify the
Secretary to the Commission no later than noon the day of the meeting.
c. A Commissioner attending remotely will be marked present, counted toward a
quorum, and can vote just as if physically present.
d.
the meeting should continue unless quorum is no longer met.
loss of a virtual connection will not be counted toward the maximum limit
described in Section 2.a.
e. Commissioners are expected to follow current pandemic quarantine procedures as
recommended by Public Health Seattle & King County. Remote attendance for
this purpose will not be counted toward the maximum limit described in Section
2.a.
D. Order of Business
The order of business for each regular meeting of the Commission shall be as follows:
1. Call to Order
2. Roll Call
3. Approval of Agenda
4. Approval of Minutes
5. Public Comment
6. Unfinished Business
7. New Business
8. Reports of Commissioners and Staff/Announcements
9. Adjournment
E. Public Comment
The Commission shall provide the public the opportunity to comment. Comments (oral or
written) relating to items to be presented in a public hearing should be provided during the
public hearing or they will not be part of the public record, however comments on any other
topic may be accepted. Such comments shall be written and, if provided to the Secretary of
the Planning Commission prior to 5:00 p.m. the day before the Commission meeting, will be
forwarded to Commissioners for their information and review at the meeting.
If such comment is received less than 24 hours prior to the Planning Commission meeting,
staff will hold the comment and forward it to the Commission for review at a following
meeting. No oral comment will be accepted, outside of a formal public hearing, unless
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permitted by the Commission, as described in Article VI, section D. Comment received will
be kept with staff files pertinent to the meeting and will not become part of the formal
meeting record.
F. Notices
The Secretary shall notify the public of the preliminary agenda for the forthcoming
In
the event of a public hearing, the notice of hearing will be published in the legal section of
the newspaper in compliance with RCW 35A.12.160 and TMC 18.104, TMC 108, and TMC
18.112.
ARTICLE VI - RULES OF MEETINGS
A.Absences
Absence from more than three (3) consecutive Commission meetings may be cause for
removal. Members shall communicate with the Secretary with requests for an excused
absence in the event they will miss three (3) or more consecutive meetings. Emergency
requests may be considered. The Chair may approve the absence.
B.Quorum
At all Commission meetings, the presence of the majority of the currently seated members
constitutes a quorum. A quorum is required for the Commission to take any action.
C.Rules of Procedure
The current edition of er Newly Revised shall provide the basis for
meeting structure and official decisions shall be made by motion and vote of the
Commission.
D.Meeting Decorum
To provide a fair and efficient forum for the conduct of business at Planning Commission
meetings, the following rules of decorum shall be observed:
a) No person shall address the Commission without first obtaining recognition from the
Chair.
b) The Commission may allow comments from members of the public attending work
sessions by permission of the Chair or majority vote.
c) If there are a large number of people who wish to speak at a meeting the Chair may
limit each speaker to a specific number of minutes of speaking time. If a speaker is
representing an organization, the Chair may grant that speaker additional speaking
time.
d) If audience dialogue becomes disruptive, the Chair may recess the meeting or request
that the meeting be adjourned.
e) Once a member of the public has spoken in regard to a specific matter before the
Commission, he or she may not be recognized to speak again until all persons
wishing to speak have first been given the opportunity to do so.
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f) To aid in the creation of accurate meeting minutes all public speakers should identify
themselves each time they address the Commission.
g) Commission meetings will begin at 6:30 PM or as indicated on the public notice.
They will continue until the agenda items have been completed or until 9:30 PM
whichever comes first. Continuation of a meeting past 9:30 PM requires approval of
a motion to extend by a majority vote. If no motion is approved, the Chair will
continue the meeting to a date certain.
E.Conflict of Interest and Appearance of Fairness for Quasi-Judicial Actions
The appearance of fairness doctrine is a rule of law that requires government decision-
makers to conduct quasi-judicial hearings and make quasi-judicial decisions in a way that is
both fair in appearance and in fact. Any member of the Commission who, in his or her
opinion, has an interest in any matter before the Commission that would prejudice his or her
actions shall so publicly indicate and shall step down, leave the hearing room and refrain
from voting and any manner of participation with respect to the matter in question so as to
avoid any possible conflict of interest or violation of the appearance of fairness.
If a member of the Commission or his/her immediate family has a tangential interest in the
matter at hand but does not think that this would prejudice his/her opinion the member
should publicly disclose this interest on the record prior to the start of the hearing and allow
persons to challenge his/her participation in the hearing. If so challenged, the member shall
step down, leave the hearing room and refrain from voting and any manner of participation
with respect to the matter in question. If not challenged, the member may participate.
If a Commissioner has had ex-parte communication (communication outside of the hearing)
with either proponents or opponents of the project, the Commissioner shall place the
substance of the written or oral communication on the record, make a public announcement
of the content of the communication, and allow persons to challenge his or her participation
in the hearing. If so challenged, the member shall step down, leave the hearing room and
refrain from voting and any manner of participation with respect to the matter in question.
Quasi-Judicial Hearing Procedures
F.
All quasi-judicial hearings held by the Commission shall be recorded and use the following
procedures:
Chair - swear in all those who wish to offer testimony at the hearing including staff
members.
Chair - open the public hearing, state the purpose of the hearing and the action the
Commission may take.
Staff - ask each of the Commissioners the following questions regarding any appearance
of fairness issues:
Do you or your family have any interest in the subject property?
Do you stand to gain or lose by your decision on this matter?
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Have you had any ex-parte communications about this application? If so, please
disclose the substance of these communications and whether you think it will
impair your ability to impartially decide on the merits of the application.
If any Commissioner answers yes to one or more of the prior questions, ask:
Does anyone here object to Commissioner _________ hearing this matter?
If any Commissioners disclose appearance of fairness issues, then the Commission
shall allow the applicant or other audience members to challenge
participation in the hearing. If so challenged, the Commissioner must step down from
the case and leave the room unless this would cause the loss of a quorum per RCW
42.36.090. If the applicant does not object to the Commissioner hearing the case,
please have them state that for the record.
Staff present the staff report and take questions from the Commission
Applicant optional presentation and take questions from the Commission
Public comments are to be directed to the Commission. This is public comment only;
no questions or dialogue with staff, Commissioners, other commenters, or the applicant
should occur during the public comment phase of the hearing.
Rebuttal testimony and responses by staff, applicant and the public
Chair - close the public hearing
Commission - Deliberations see Section H.
Commission Voting
Any member may make a motion on the application
Any member may second the motion
Discussion
Vote
G. Legislative Hearing Procedures
All legislative hearings held by the Commission shall use the following procedures:
Chair - open the public hearing, state the purpose of the hearing and the action the
Commission may take
Staff present the staff report and take questions from the Commission
Public comments are to be directed to the Commission. This is public comment only; no
questions or dialogue with staff, Commissioners, other commenters, or the applicant should
occur during the public comment phase of the hearing.
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Rebuttal testimony and responses by staff and the public
Chair - close the public hearing
Deliberations see Section H.
Commission - Deliberations see Section H.
Commission Voting
Any member may make a motion on the application
Any member may second the motion
Discussion
Vote
H. Planning Commission Deliberation
After all speakers at a public hearing have been heard, the Planning Commission shall close the
public comment portion of the hearing, consider all the information, and deliberate on the matter.
This deliberation shall include:
a) The information submitted;
b) The written comments received;
c) Any presentation and discussion made at the hearing; and
d) The staff report.
I. Voting
Voting on all matters except amendments to these bylaws shall be by simple majority.
a) The Chair shall have one vote and shall enjoy the same opportunity to vote as
afforded to all other Commission members.
b) On matters considered of extreme importance, the Chair may call for roll call vote.
c) No matter may be voted upon unless:
1) The matter has been placed on the agenda prior to the meeting by any member of
the Commission or by the Secretary, or
2) A new procedural item, not on the agenda, may be approved by a simple majority
vote.
d) All Commissioners shall have one and only one vote on any particular matter of
business.
e) There shall be no voting by proxy.
f) Any bylaw rule may be waived by a simple majority vote of the Commission.
J. Planning Commission Recommendations
After discussion and deliberation, the Commission shall make a recommendation to the City
Council by a motion and approval of a majority of those members present. If there are any
additional considerations or issues that the Commission would like conveyed to Council, they
shall identify those and direct staff to include that information in the staff report to Council.
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K. Adjournment/Recess/Continuations
Meetings shall be adjourned by the Commission.
The Commission may, by majority vote or consensus, recess for a short break. The proposal to
recess may set a time limit or can be until the Chair calls the meeting back to order.
Continuations of meetings shall be to a definite time and place by the majority vote of present
Commission members. The Commission may continue a public hearing to a future date for the
purpose of accepting new written or oral testimony. A continued public hearing to a date certain
does not require new public notice. A closed public hearing cannot be re-opened without
issuance of a new public notice.
ARTICLE VII CODE OF ETHICS
Members of the Commission shall fully comply with RCW 42.23 Code of Ethics for Municipal
Officers and with TMC 2.95 Code of Ethics for Employees and Appointed Officials.
ARTICLE VIII COMMITTEES
From time-to-time, the Chair may appoint sub-committees of the Commission membership, or a
Committee-of-the-Whole thereof, for purposes of furthering the conduct of Commission
business. Such committees may be directed to draft or review legislative proposals, to initiate
code-amendments or special studies, or to undertake research and analysis of topical matters
referred to the Commission by action of the City Council.
ARTICLE IX AMENDMENTS
These Rules of Procedure may be amended by two thirds vote of the members present at any
regular or special meeting, provided notice of such proposed changes shall be transmitted by the
Secretary to each member in good standing not less than five (5) days nor more than fifteen (15)
days prior to such meeting.
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Exhibit A
2022 ROSTER OF PLANNING COMMISSIONERS
PositionMemberTerm (4 years)
AppointedTerm
Expiration
tƚƭźƷźƚƓ ϔЊ ΛwĻƭźķĻƓƷΜ LOUISE STRANDER ЉЌΉЊЎΉЋЉЊЉЊЋΉЌЊΉЋЉЋЋ
tƚƭźƷźƚƓ ϔЋ ΛwĻƭźķĻƓƷΜ KAREN SIMMONS, Chair ЉЊΉЉАΉЋЉЊВЊЋΉЌЊΉЋЉЋЋ
tƚƭźƷźƚƓ ϔЌ Λ.ǒƭźƓĻƭƭΜ MARTIN PROBST ЉЏΉЋАΉЋЉЋЋ ЊЋΉЌЊΉЋЉЋЌ
tƚƭźƷźƚƓ ϔЍ ΛwĻƭźķĻƓƷΜ DENNIS MARTINEZ ЌΉЋЊΉЋЉЊЏЊЋΉЌЊΉЋЉЋЌ
tƚƭźƷźƚƓ ϔЎ ΛwĻƭźķĻƓƷΜ ALEXANDRIA TEAGUE ЉЊΉЍΉЋЋЊЋΉЌЊΉЋЉЋЋ
tƚƭźƷźƚƓ ϔЏ ΛwĻƭźķĻƓƷΜ APNEET SIDHU, Vice Chair ЉЎΉЊАΉЋЊЊЋΉЌЊΉЋЉЋЌ
tƚƭźƷźƚƓ ϔА ΛwĻƭźķĻƓƷΜ SHARON MANN ЉБΉЋЉΉЋЉЊЋЊЋΉЌЊΉЋЉЋЌ
Secretary, Wynetta Bivens
Past Chairs
2021 Commissioner Louise Strander
2020 Former Commissioner Heidi Watters
2019 Commissioner Dennis Martinez
2018 Former Commissioner Nhan Nguyen
2017 Former Commissioner Miguel Maestes
2016 Commissioner Sharon Mann
2015 Former Commissioner Mike Hansen
2014 Commissioner Louise Strander
2013 Former Commissioner Thomas McLeod
2012 Former Commissioner Brooke Alford
2011 Former Commissioner Margaret Bratcher/Commissioner Alford
2010 Former Commissioner Bill Arthur
2009 Former Commissioner George Malina
2008 Former Commissioner Chuck Parrish
2007 Former Commissioner George Malina
2006 Former Commissioner Allan Ekberg
2005 Former Commissioner Margaret Bratcher
2004 Former Commissioner George Malina
2003 Former Commissioner Kirstin Whisler
2002 Former Commissioner David Livermore
2001 Former Commissioner Vern Meryhew
44
RULES OF PROCEDURE
FOR THE
TUKWILA PLANNING COMMISSION
AND
BOARD OF ARCHITECTURAL
REVIEW
Adopted April 17, 1958
Amended November 29, 1973
Amended February 28, 1974
Amended July 29, 1982
Amended February 26, 1998
Amended March 23, 2006
Amended January 15, 2009
Amended August 25, 2011
Amended October 2017
Attachment C
45
RULES OF PROCEDURE
FOR THE
TUKWILA PLANNING COMMISSION AND
BOARD OF ARCHITECTURAL REVIEW
ARTICLE I PURPOSE AND GOALS
Pursuant to the authority conferred by RCW 35A.63 and per Tukwila Municipal Code (TMC)
2.36.010 the Planning
capacity to the Mayor and City Council for the City of Tukwila.
The purpose of the Tukwila Planning Commission is to perform the function of a Municipal
Planning Commission as set forth in Chapter 35.63 of the Revised Code of Washington
on matters relating to land
use, comprehensive planning and zoning. The purpose of the Tukwila Board of Architectural
Review is to review land development and building design per the TMC Chapter 18.60.
The objectives of the Planning Commission are as follows:
1. To influence in a positive manner the major planning efforts and projects that will affect
the city.
2. To advocate consistency and integration among plans which provide a future image and
direction for the city as well as the means for meeting more immediate needs.
3. To ensure that effective citizen participation, including opportunities for timely public
4. To represent a whole-city view point when evaluating proposed plans, projects and issues.
as well as identified citizen viewpoints.
6. To fairly judge the merits of quasi-judicial applications such as shoreline conditional use
permits.
The goal of the Board of Architectural Review is to provide review by public officials of land
development and building design in order to promote the public health, safety and welfare.
Specifically, the Board of Architectural Review ("BAR") shall only approve well-designed
developments that are creative and harmonious with the natural and manmade environments
.
Individual project approvals shall be based on an evaluation of the project design against the
applicable design guidelines, Zoning Code requirements and other development standards.
ARTICLE II - MEMBERSHIP
Per TMC 2.36.020, the Commission shall be composed of seven members and shall include six
community members representing a cross section of the community from different trades,
occupations, activities and geographical areas and one member representing a business operating
in the City.
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A.Length of Appointment
The term of membership for the members of the Tukwila Planning Commission shall be
four years.
B.Resignation
If a Commission member is unable to complete their term of service a letter of
resignation should be sent to the Mayor indicating the effective date of the resignation.
C.Removal
Commission members may be removed from the position if absent without being excused
for three consecutive meetings or six regular meetings in a calendar year.
D.Compensation
Members will receive no monetary compensation for serving on the Commission.
ARTICLE III - DUTIES OF THE COMMISSION, OFFICERS, COMMISSIONERS AND
SUPPORT STAFF
A.Duties of Commission
The Commission shall undertake the duties and responsibilities defined in TMC 2.32.010.
B.Officers
Officers shall be a Chair and a Vice-Chair; both appointed members of the Commission.
In absence of both the Chair and the Vice-Chair members shall elect a Chair pro tem.
C.Duties of the Officers
Chair
The Chair shall preside at all meetings and adhere to the duties of the presiding officer
call for special meetings. The Chair shall be a full voting member of the Commission.
The Chair may delegate duties to other Commissioners with the consent of the
Commission. The Chair shall speak on behalf of the Commission before City Council,
the public and City staff.
. In the event the Chair is
unable or unwilling to serve on the Board of Ethics, the Commission shall select a
member to serve on the Board.
The responsibilities of the chair include:
Providing group direction and options for setting goals;
Coordinating with staff to set meeting agendas;
Coordinating meeting preparation with City staff; and
Representing the Commission in the community.
The term of office shall be one year.
Vice-Chair
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The Vice-Chair shall perform the duties of the Chair in absence of the Chair. The Vice-
Chair may also speak on behalf of the Commission before City Council, the public and
City staff when the Chair is not available to speak.
The term of office shall be one year. The Vice-Chair will promote to the Chair the
following year.
D.Duties of Commissioners
It is the responsibility of all Commission members to:
Arrange adequate time to carry out responsibility as a Commission member;
Come to meetings prepared: Read all reports, proposals and documents
distributed prior to meetings;
Listen to other Commission members and communicate with respect and
courtesy; and
Participate in group discussion and decision making.
I.Ethics Training
Every Commission member must complete Ethics Training and sign an Ethics
Training Certification Form within 90 days of appointment and must complete the
training within 90 days of reappointment or every four years, whichever comes
first.
II.Open Public Meetings Act Training
Pursuant to RCW 42.30.205, every Commission member must complete training
on the Open Public Meetings Act and sign an OPMA Training Certification Form
within 90 days of appointment and must complete the training within 90 days of
reappointment or every four years, whichever comes first.
III.Public Records Training
Every Commission member must complete training on the Public Records Act
and sign a Public Records Training Certification Form within 90 days of
appointment and must complete the training within 90 days of reappointment or
every four years, whichever comes first.
IV.Conflict of Interest
result of his or her position. Public officials must declare any conflicts of interest
at a public meeting. A conflict exists if a recommendation potentially could affect
the finances of the group member or the finances of a family member. If a
conflict exists, the member must declare this fact at a meeting where the issue is
being discussed and refrain from discussing or voting on the recommendation.
Every Commission member must sign a Conflict of Interest Disclosure Form
within 90 days of appointment and must sign a new Disclosure Form within 90
days of reappointment or every four years, whichever comes first.
E.Duties of Support Staff
One or more City staff are assigned to support the Commission. The Director of the
Tukwila Community Development Department or his/her designee will serve as the
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Secretary to the Commission. The primary role of the Secretary is to represent the City
and facilitate communication between the Commission, City Administration, the City
Council and other City departments. Responsibilities of the Secretary and support staff
include:
Ensuring compliance with applicable laws, such as the Open Public Meetings Act
(OPMA) and the Public Records Act (PRA) including legal noticing requirements;
Maintaining a current roster of all members,
Taking roll at regular, special and public hearing meetings;
Compiling agendas and agenda packets, recording, transcribing, and maintaining
minutes and records, forwarding recommendations and/or implementing actions;
Providing professional guidance, issue analysis and recommendations;
Assisting with research, report preparation and correspondence.
ARTICLE IV DESIGNATION OF OFFICERS
The Commission shall make a motion to designate a Chair and a Vice Chair to serve for one
year. Designations are based on longevity of service on the commission and will rotate through
all of the members before a member serves an additional term. Generally, officers shall be
designated and take office annually at the first regular public meeting of the Commission in
January. The first item of new business shall be the designation of the officers and they will
assume their duties at that time.
The Vice-Chair from the previous year will be designated as Chair and the next member in line
in line of seniority will be designated as the Vice-Chair.
Should the Chair be vacated prior to the completion of the Term, the Vice-Chair will assume the
duties and responsibilities of the Chair for the remainder of the Term. The next member in line of
seniority will then be designated as the new Vice-Chair to serve out the remainder of the Term.
Should the Vice-Chair be vacated prior to the completion of the Term, the Chair will designate
the next member in line of seniority as the new Vice-Chair to serve out the remainder of the
Term.
ARTICLE V MEETINGS
Meetings.
Section 1:
All Commission meetings shall comply with the requirements of the Open Public Meetings Act
RCW 42.30. All meetings shall be noticed and open to the public.
The Planning Commission may hear both legislative and quasi-judicial actions. The
Commission may devote part or all of a meeting to an informational work session during which
no comments from the public will be permitted, unless the Chairperson or a majority, on a case-
by-case basis, decides otherwise. All Board of Architectural Review hearings are quasi-judicial
in nature. All meetings shall be open to the public and duly noticed per the applicable
regulations in the Tukwila Municipal Code.
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Quasi-judicial public hearings determine the legal rights, duties or privileges of specific parties,
decided in a contested case proceeding by non-judicial decision-makers such as planning
commissions, city councils and hearing examiners. The decisions made as a result of such
hearings must be based on and supported by the record developed at the hearing. Therefore,
these types of hearings are subject to stricter procedural requirements than legislative hearings.
The purpose of legislative public hearings is to obtain public input on matters of policy. They do
not involve the legal rights of specific, private parties in a contested setting but rather affect a
wider range of citizens or perhaps the entire City. If challenged, the decision reached at a
legislative public hearing is only reviewed to determine if it is constitutional or violates state law.
All meetings of the Planning Commission shall be governed by these by-laws. Where the by-
laws do not state otherwise, the parliamentary rules and procedures contained in the current
edition of Roberts Rules of Order shall apply.
A. Schedule
The Commission shall hold regular meetings according to the following schedule:
The fourth Thursday of each month January through October and the second Thursday in
November and December. The meetings shall begin at 6:30 p.m. unless modified. Should a
regular meeting day be a legal holiday, the scheduled meeting shall be postponed to the
succeeding Thursday, unless a majority of the Commission votes to select another day or to
cancel the meeting.
Any Commission meeting may be canceled by a majority vote or consensus of the Commission.
The Chair or Vice-Chair may instruct the Secretary to cancel a meeting for lack of agenda items
or lack of a quorum.
B. Special Meetings
Special meetings may be held by the Commission subject to notice requirements prescribed by
State law. Special meetings may be called by the Chair in conjunction with the Secretary, the
City Council, or the Mayor, or by the written request of any three (3) Commissioners by written
notice emailed or delivered to each member of the Commission at least 24 hours before the time
specified for the proposed meeting.
Special meeting called shall state the subject(s) to be considered and no subject other than those
specified in the notice shall be considered. No special meetings shall be scheduled between
November 15th and the end of the year. The agenda for a special meeting need not conform to
the Order of Business in Section C of this Article.
C. Order of Business
The order of business for each regular meeting of the Commission shall be as follows:
1. Call to Order
2. Roll Call
3. Amendment of Agenda if Necessary
4. Approval of Minutes
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5. Unfinished Business
6. New Business
7. Reports of Commissioners and Staff/Announcements
8. Adjournment
D. Notices
The public shall be notified of the preliminary agenda for the forthcoming Commission meeting
In the event of a public
hearing, the notice of hearing will be published in the legal section of the newspaper in
compliance with RCW 35A.12.160.
ARTICLE VI - RULES OF MEETINGS
A.Absences
Absence from more than three (3) consecutive Commission meetings may be cause for
removal. Members shall communicate with the Secretary with requests for an excused
absence in the event they will miss three (3) or more consecutive meetings. Emergency
requests may be considered. The Chair may approve the absence.
B.Quorum
At all Commission meetings, the presence of the majority of the currently seated
members constitutes a quorum. A quorum is required for the Commission to take any
action.
C.Rules of Procedure
meeting structure and official decisions shall be made by motion and vote of the
Commission.
Meeting Decorum
D.
To provide a fair and efficient forum for the conduct of business at Planning Commission
meetings, the following rules of decorum shall be observed:
a) No person shall address the Commission without first obtaining recognition from the
Chair.
b) The Commission may allow comments from members of the public attending work
sessions by permission of the Chair or majority vote.
c) If there are a large number of people who wish to speak at a meeting the Chair may
limit each speaker to a specific number of minutes of speaking time. If a speaker is
representing an organization, the Chair may grant that speaker additional speaking
time
d) If audience dialogue becomes disruptive, the Chair may recess the meeting or request
that the meeting be adjourned.
e) Once a member of the public has spoken in regard to a specific matter before the
Commission, he or she shall not be recognized to speak again until all persons
wishing to speak have first been given the opportunity to do so.
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f) To aid in the creation of accurate meeting minutes all speakers should identify
themselves each time they address the Commission.
g) Planning Commission meetings will generally begin at 6:30 PM or as indicated on the
public notice. They will continue until the agenda items have been completed or until
9:30 PM whichever comes first. Continuation of a meeting past 9:30 PM requires
approval of a motion to extend by a majority vote. If no motion is approved the Chair
will continue the meeting to a date certain.
E.Conflict of Interest and Appearance of Fairness for Quasi-Judicial Actions
The appearance of fairness doctrine is a rule of law that requires government decision-makers to
conduct quasi-judicial hearings and make quasi-judicial decisions in a way that is both fair in
appearance and in fact. Any member of the Commission who in his or her opinion has an
interest in any matter before the Commission that would prejudice his or her actions shall so
publicly indicate and shall step down, leave the hearing room and refrain from voting and any
manner of participation with respect to the matter in question so as to avoid any possible conflict
of interest or violation of the appearance of fairness.
If a member of the Commission or his/her immediate family has a tangential interest in the
matter at hand but does not think that this would prejudice his/her opinion the member should
publicly disclose this interest on the record prior to the start of the hearing and allow persons to
challenge his/her participation in the hearing. If so challenged the member shall step down,
leave the hearing room and refrain from voting and any manner of participation with respect to
the matter in question. If not challenged the member may participate.
If a member of the Commission has had ex-parte communication with either proponents or
opponents of the project the member shall place the substance of the written or oral
communication on the record, make a public announcement of the content of the communication,
and allow persons to challenge his or her participation in the hearing. If so challenged the
member shall step down, leave the hearing room and refrain from voting and any manner of
participation with respect to the matter in question.
F. Quasi-Judicial Hearing Procedures
All quasi-judicial hearings held by the Commission shall be recorded and use the following
procedures:
Chair - call the meeting to order
Secretary - take attendance
Commission - review, amend and adopt the minutes of previous meetings
Chair - swear in all those who wish to offer testimony at the hearing including staff
members
Chair - open the public hearing, state the purpose of the hearing and the action the
Commission may take
Staff - ask each of the Planning Commission/BAR Members the following questions
regarding any appearance of fairness issues:
Do you or your family have any interest in the subject property?
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Do you stand to gain or lose by your decision on this matter?
Have you had any ex-parte communications about this application? If so, please
disclose the substance of these communications and whether you think it will
impair your ability to impartially decide on the merits of the application.
If any Commissioner answers yes to one or more of the prior questions, ask: Does
anyone here object to Commissioner _________ hearing this matter?
If any Commissioners disclose appearance of fairness issues allow the applicant or
other audience members to challenge their participation in the hearing. If so
challenged the Commissioner must step down from the case and leave the room
unless this would cause the loss of a quorum per RCW 42.36.090. If the applicant
does not object to the Commissioner hearing the case, please have them state that for
the record.
Staff present the staff report and take questions from the Commission
Applicant optional presentation and take questions from the Commission
Public comments and questions are to be directed to the Commission
Rebuttal testimony and responses by staff, applicant and the public
Chair - close the public hearing
Commission deliberates
Any member may make a motion on the application
Any member may second the motion
Discussion
Vote
Next Item if applicable
Chair - adjourn the meeting
G. Legislative Hearing Procedures
All legislative hearings held by the Commission shall use the following procedures:
Chair - call the meeting to order
Secretary - take attendance
Commission - review, amend and adopt the minutes of previous meetings
Chair - open the public hearing, state the purpose of the hearing and the action the
Commission may take
Staff present the staff report and take questions from the Commission
Public comments and questions are to be directed to the Commission
Rebuttal testimony and responses by staff and the public
Chair - close the public hearing
Commission deliberates
Any member may make a motion on the application
Any member may second the motion
Discussion
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Vote
Next Item if applicable
Chair - adjourn the meeting
Voting
H.
Voting on all matters except amendments to these by-laws shall be by simple majority.
a) The Chair shall have one vote and shall enjoy the same opportunity to vote as
afforded to all other Commission members.
b) On matters considered of extreme importance, the Chair may call for roll call vote.
c) No matter may be voted upon unless:
1) The matter has been discussed at a previous meeting of the Commission, or
2) The matter has been placed on the agenda prior to the meeting by any member of
the Commission or by the Secretary, or
3) A new legislative item, not on the agenda, and considered by a 2/3 vote of the
Commission to constitute an emergency and thus warrant immediate decision,
may be approved by a 2/3 vote, or
4) A new procedural item, not on the agenda, may be approved by a simple majority
vote.
d) All Commission members shall have one and only one vote on any particular matter
of business.
e) There shall be no voting by proxy.
I. Adjournment/Recess/Continuations
Meetings shall be adjourned by a majority vote of the Commission or by the chair
when it appears that there is no further business.
The Commission may, by majority vote or consensus, recess for a short break. The
proposal to recess may set a time limit or can be until the Chair calls the meeting back
to order.
Continuations of meetings shall be to a definite time and place by the majority vote of
present Commission members. The Commission may continue a public hearing to a
future date for the purpose of accepting new written or oral testimony. A continued
public hearing to a date certain does not require new public notice. A closed public
hearing cannot be re-opened without issuance of a new public notice.
Article VII Code of Ethics
Members of the Commission shall fully comply with RCW 42.23 Code of Ethics for Municipal
Officers and with TMC 2.95 Code of Ethics for Employees and Appointed Officials.
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ARTICLE VIII COMMITTEES
From time-to-time, the Chair may appoint sub-committees of the Commission membership, or a
Committee-of-the-Whole thereof, for purposes of furthering the conduct of Commission
business. Such committees may be directed to draft or review legislative proposals, to initiate
code-amendments or special studies, or to undertake research and analysis of topical matters
referred to the Commission by action of the City Council.
ARTICLE IX AMENDMENTS
These Rules of Procedure may be amended by two thirds vote of the members present at any
regular or special meeting, provided notice of such proposed changes shall be transmitted by the
Secretary to each member in good standing not less than five (5) days nor more than fifteen (15)
days prior to such meeting.
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2021 ROSTER OF COMMISSIONERS
Louise Strander, Chair
Karen Simmons, Vice-Chair
Andrea Reay
Dennis Martinez
Dixie Stark
Apneet Sidhu
Sharon Mann
Wynetta Bivens, Secretary
Past Chairs
2021 Commissioner Louise Strander
2020 Former Commissioner Heidi Watters
2019 Commissioner Dennis Martinez
2018 Former Commissioner Nhan Nguyen
2017 Former Commissioner Miguel Maestes
2016 Commissioner Sharon Mann
2015 Former Commissioner Mike Hansen
2014 Commissioner Louise Strander
2013 Former Commissioner Thomas McLeod
2012 Former Commissioner Brooke Alford
2011 Former Commissioner Margaret Bratcher/Commissioner Alford
2010 Former Commissioner Bill Arthur
2009 Former Commissioner George Malina
2008 Former Commissioner Chuck Parrish
2007 Former Commissioner George Malina
2006 Former Commissioner Allan Ekberg
2005 Former Commissioner Margaret Bratcher
2004 Former Commissioner George Malina
2003 Former Commissioner Kirstin Whisler
2002 Former Commissioner David Livermore
2001 Former Commissioner Vern Meryhew
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