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HomeMy WebLinkAboutPlanning 2023-04-27 COMPLETE AGENDA PACKETCity of Tukwila Allan Ekberg, Mayor Department of Community Development - Nora Gierloff, AICP, Director CITY OF TUKWILA PLANNING COMIVIISSION (PC) AGENDA APRIL 27, 2023 - 6:30 PM To Participate in the Virtual Meeting at 6:30 pm: By Phone: Dial +1 253-292-9750, Access 779 253 241# Online: To join this meeting virtually please click on Planning Commission on the 4/27/23 calendar date on the events page located at https://www.tukwilawa.gov/events/ Join in-person at: 6200 Southcenter Blvd, Council Chamber, Tukwila, WA. 98188 For Technical Support during the meeting, you may call 1-206-433-7155 L Call to Order II. Roll Call III. Amendment of the Agenda (if necessary) IV. Approval of Minutes: 3/23/23 PC Meeting V. Public Comment (acknowledge whether any written comments were received) VI. Unfinished Business (none) VII. New Business 1. Middle Housing Findings (Makers) ■ Housing Intro • Outreach Status 2. Legislative Update (Neil Tabor, AICP) 3. Bylaws — Update (Nora Gierloff, AICP) VIII. Director's Report IX. Adjournment Reminder: Staff is available to address Planning Commissioner questions regarding packets anytime — we encourage Commissioners to call or email staff by noon on the Tuesday before the Commission meeting date. Please call or email Commission Secretary Wynetta Bivens, at 206-431-3654 or Wynetta.Bivens@TukwilaWA.gov to be connected with the appropriate staff member Thank you! Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov City of Tukwila Allan Ekberg, Mayor Department of Community Development - Nora Gierloff, AICP, Director CITY OF TUKWILA PLANNING COMMISSION (PC) MINUTES Date: March 23, 2023 Time: 6:30 PM Location: Hybrid Meeting - via Microsoft Teams / public, in-person attendance, Council Chambers, 6200 Southcenter Blvd, Tukwila, WA 98188 Call to Order: Chair Sidhu called the meeting to order at 6:30 p.m. Roll Call: The PC Secretary took roll call. Present: Chair Apneet Sidhu; Vice Chair Sharon Mann, Commissioners Louise Strander, and Martin Probst Absent: Commissioners Dennis Martinez and Alexandria Teague Staff: Director Nora Gierloff, American Institute of Certified Planners (AICP), Department of Community Development (DCD); Long -Range Planning Manager Nancy Eklund, AICP, DCD; Senior Planner Neil Tabor, AICP, DCD; and PC Secretary Wynetta Bivens Approval of Minutes Vice Chair Mann made a motion to adopt the 2/26/23 minutes and Commissioner Strander seconded the motion. Motion passed. General Public Comments No submittals. New Business 1. Housing Overview and Middle Housing Grant Update - Briefing Neil Tabor, AICP, DCD provided an overview, and gave some background on the following: Housing Units: Cost data of housing, income restricted housing, cost burdened status, and price of rent; Housing Growth Target: Reasonable targets, area medium income (AMI), AMI growth targets, and permanent supported housing; Development Standard Comparison: Single family standards, single family parking, multifamily parking standards; Accessory Dwelling Units (ADUs) standards; Other multifamily standards: General multifamily notes; findings and highlights from the Housing Action Plan (HAP) along Tukwila International Boulevard (TIB). He requested feedback from the PC on the middle housing analysis. The PC provided feedback during the presentation and asked staff clarifying questions. Chair Sidhu requested that PC provide feedback and/or questions in writing to staff by noon the Tuesday prior to the next PC meeting. Staff will follow up with the PC on the following questions: Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 1 PC Meeting 3/23/23 Page 2 Questions: - Does multifamily housing include ADUs? - How many ADUs are there in Tukwila legally? How many have been built? What can the City do to have more? - What can the City do to encourage developers to fill the void for more diverse types of housing, such as townhouses and condominiums that provide ownership opportunities? Staff also provided an update on middle housing and requested feedback from the PC. The PC raised the following questions pertaining to middle housing: How will the City balance the increased mandates to provide more housing with the requirements of the tree ordinance and keep the tree canopy? - If there is an opportunity to have increased density, would it affect a parcel that is in the shoreline zone (and how)? Would properties in the shoreline be able to take advantage of increased density? If so, how would this affect the community, and would there be an option to provide mitigation in exchange for denser housing units? If there are neighborhood(s) with roads that are not a minor arterial or a narrow road, how will it affect parking and access for first responders? Director's Report None Adj ournment Chair Sidhu asked for a motion to adjourn. Vice Chair Mann moved to adjourn and Commissioner Strander seconded the motion. The Commission voted to adjourn at 8:20 pm. Submitted by: Wynetta Bivens Planning Commission Secretary 2 Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov Tukwila Middle Housing Planning Commission April 27, 2023 Agenda • Introductions • Tukwila Middle Housing Project • Middle housing reform in the PNW • Approach ▪ Discussion and next steps Project Team MAKERS • Ian Crozier • Julie Bassuk • Markus Johnson Neighborhood Workshop • Neil Heller City Staff • Neil Tabor • Nancy Eklund Ian Markus Julie Neil H. 5 Tukwila Middle Housing Project Project Timeline Feb 2023 June 2023 Middle Housing December 2024 • Comprehensive Plan • Engagement efforts • Racially disparate impacts & outcomes • Code recommendations: middle housing MAKERS role: • Housing Element • Land Use Element • Climate change & equity • GIS mapping • Code recommendations: high-density housing 7 Middle Housing Commerce Grant "for actions relating to adopting ordinances that would authorize middle housing types on at least 30 percent of lots currently zoned as single family residential. For the purposes of this grant program, "middle housing types" include duplexes, triplexes, fourplexes, five-piexes, six-plexes, townhouses, courtyard apartments, cottage housing, and stacked flats. 8 Middle Housing Project Goals • Engage and resource diverse community; establish equity -driven engagement framework for Comprehensive Plan • Analyze potential racially disparate impacts of status quo and proposed policies • Increase flexibility for Tukwila neighborhoods to adapt as conditions change while protecting affordability, increasing housing variety, and supporting residents' needs 9 Middle Housing Review 117.7.771 _ I�II1l �� tt'�IIL1L1aA, h qaT� I. r»mai 11_ a p II�1 _ fn - i P P p a a A �. m r.011 111117 RIR II DETACHED SINGLE-FAMILY HOMES a� 1n3 llp � SID OD '33 •, ] 1 ' �lafl j:�i �nlelaa i 11 11IL l ' � It l 1 f1 I TV I, MID -RISE TOWNHOUSE Cs W TTOWNHOUSEM"MULtIPLEX UvEIWQRK BUN ALO A. • • ©UPLEX FFOURPLRIPLEx APARTMENT D COURT a ( i5�11�1 MIDDLE EXOVTMcos G 101 s optica: oevgn, Inc. Most middle housing types are allowed on -4% of Lesidential lots in Tukwila. Middle Housing Review ADUs Duplexes/ Triplexes Fourplexes Cottage Clusters Townhouses Courtyard apartments Small apartments (5-10 units) Why Allow Middle Housing? • Affordability. Middle housing is cheaper per unit than new detached housing. • Variety. Housing options of different sizes and arrangements support a diverse population and evolving family structures. • Sustainability. Shared -wall homes are more energy efficient. Higher densities facilitate transit, walking, and biking • Homeownership. Middle housing creates more opportunities for homeownership. Greater flexibility for homeowners also unlocks opportunities to age in place, gain rental income, and benefit from rising land value. 12 O i a O V Flavors of Middle Housing Multiplex (2+ units) Townhouses mil Cottage Cluster • Straightforward code revisions • Best for trees and open space • Shared entry/few units supports social trust • Energy efficient • Building code imposes higher construction costs for 3+ units • Ownership oriented • Popular with builders • Energy efficient • Help to activate streets • Ownership oriented • High quality open space • Encourages social trust and interaction • Inefficient layout (stairs, hallways, narrow rooms) • Hard to fit on narrow lots • Replaces existing house • Requires large site • Not energy efficient (detached units) Backyard Infill • Preserves existing structures • Allows homeowners to access land value without relocating • Ownership oriented • Straightforward code revisions • Inefficient layout • Flag lots make for "messier" urban form Engagement Approach • Online interactive platform • Community-based organizations and liaisons • Public meetings • Interviews with experts 14 0 2 NFLUENCE Marginalized and under -resourced communities (and/or organizations that serve them) Requires significant collaboration or plan may not meet community needs. Focus on empowering these voices. • Low-income residents • Residents who rent • Residents of diverse races, ethnicities, and cultural backgrounds • Limited English language speakers • Immigrant communities • Future Tukwila residents Concerned stakeholders or bystanders Inform and consult to confirm baseline conditions and community interests and values. • Citywide residents Less COLLABORATE Influencers Requires significant collaboration or plan adoption and implementation could stall. • Major property owners • Developers • Homeowners in the study area • Planning Commission Potential advocates Inform and consult as needed to build and maintain advocates. • Nearby homeowners • Housing advocates • Non-profit community organizations • Tukwila Chamber of Commerce • Philanthropic groups (such as rotary, lions club, etc) • Tukwila School District INFLUENCE More Online interactive platform • Social Pinpoint • Landing page for updates, information, and links • Brief housing survey • Ideas Wall for community discussion • Visit: to be updated with link pack on a button ro add your ideas.., 1 N ousing Needs 0 Vnur Noosing 5t0ry Housing for mentally III and people with addictions. A commune type setting would be good.. Or maybe a hotel/dorm type bulldog where everyone has -nduidual morns and every St 0 rooms share living r oro/ktch rdbathroom. Then drem'sservices like educational programs that teach Iffesl'Els and job readiness, .moat services Ike counselling and ysychiatrd edral assistance forsevereiy mentally ill. Allow 90 day shoot° prevent life longtervnt's and give othersa chance to help themselves. • Slwt a diwausinn r We need to he more adlm about creating more neighborhoods wdh medium d ty nous ng ie housing suchas townhomes,duplexes orhlpleoes. We reed to stop cukfesac development that further cements automobile depende nce. dependWe need to stop the notion that every WILL -Ogre must have minimum parking standards and begin to think about maximum parking limis. We need to ensure that all who bre within are within acceptable waking dlstance to a nonsrt stop with frequent reliable service. •Sl3rta disruuston n Steam Weion4.,M Example housing type Garage ADU (accessory dwelingunt) rfriPoety ■ Example housing type: four-piex Ir7 TIMIP -1 lWUfI� • start a discrusiuri Off hill Ne51-51r505d Qualoes Dense walkable community relieved of the focus no a tomoblle dependency. whichls a huge financial a land use inefficiency, needs d Ce in surround L, out Transit centers. Reducing the need lor costly automobile transportatio by allowing pple to wo-. &play where theyilve b an importarrt part of the affordable housing strtegy. Dense mixed use, transit oriented development is cost effective., pus less burden on government &utilities for maintenance, & N environmentally positoe. • Sona dis[asslon r The housing Issues in Puyallup are a rellecMn ofwnat is going on Nationwide Wages for ALL working *Fart a discussion I:t5555-510a515..5 P. When people can afford a safe place to live they an hetterfocus on rakng care of Tarty, mental and physical health, work, school. and other things important to a fulllinglife. •sort a discussion Its important that neighborhoods don..[ change very muchover time. • S.M. a discussion Example housing type: Walk-up Apartments • stag ser55on Desire lentil Illy with development of existing residential properly for regdomlzk Ise. 5treamlliii of property sutrdlvlslons and any adm7tsnatrae adjustments to ease development •ana�srusrlon w 4 mom. Adds are uvomrrre as they help horn oewnire p4l their mortgage and Increase home value bur mot home owners ant afford to renovate rental Apartments areaafi]I as they allow 1 owner to earn eofit& However, tenant -owed apartments would be awesome. If tenant's Old not need good credit scores or large down payments to assume lethargy. tiny tome communities for those low credit & unverifiable lncorne would be awesome. fl low payment plans simliar to mortgage& but without charging Interest • start a dIscunitm Affordable housing for sensors. Not everyone has a big retirement fund that they can afford SLECILL E2,000 and mare a month. My 72 ye.. mother can't even afford to Ire In the SHAG facilities. They want them to make 2-3 times the rent. She gets Ions than $2.000 a month. How is she to pay rent ear pamrem With she las to get rid o), tar insurance food and other billoD • start aras0lsuon s—wn t�I�rataU'nlx}-� Pierce County and Puyallup need to bring hack poor Farris. A place where people can go to live, as long as they agree to work on the farm growing their own feed. Dnlglmentai health treatment as well as other services could be available -The original poor farm In Pierce County was a valuable resource In helping people In the community while holding accountable. } start5 escusslan usdo,sls}r r Stoked wghl now we have marry people that are hang on thestreets and on the Puyallup river.1 belleoe we need to start thereto bring safety and security to all of Pryallup s residents within the community. We need to stop Woking at the homeless as disposable, but supporting and gong them a hand • start a d5ra5551e11 rw_+r,oaise}a 1 bre Ina crater park whose new owner intends to convert the area to office space? The park provides walkeb!Ity,. easy acress In 51?. public transportation and affordable rents which Is why It is occupied by seniors, recent Immigrants. the disabled. large families, and people who ve had the firaneial stuffing k eked out of them. Here's a radical Idea that aught help. KEEP THE AFFORDABLE HOUSING THAT ALREADY EXISTS! The alternative? Welcome more homeless Ifthe owners plan sails through. W 5755055,Ws,_y .a xtlx}r r We need more creative housing open= High quality but smaller sizes. Accessory Dwelling Units. Cottage housing altemadvesto the current standard apartments and suhdlv0lolls. We do have a few scattered around roan Mature affordable but they tend to he older and we need to have newer ones taming online. •gtartadnn swon o rerc.f,e00tur •Jain the dlxus r,' tl l A rmmvu ^a Property owners should be able to decide what to build on thea land • start. discussion um4.eo-.0 eet I €igh demand fen Musing affecs prices everywhere in the region -every cty needs to do as panto increase The supply of housing to help reduce housing cols • Start a drso¢sion .ay4-aro re? People should have the option to Ike somewhere where they tan walk to restaurants, park. transit or Middle Housing Reform in the PNW Kirkland Cottages • Cottages, duplexes, and triplexes allowed at 2x density of underlying zone • Cottages capped at 1,700 sf per unit • Reduced parking for smaller units Photo credit: Ken Lambert, Seattle Times 17 Burien ADUs • Allows up to two ADUs per lot (at most one detached) • No parking requirement for ADUs within 1/4 mile of transit • No owner -occupancy requirement 18 Spokane • Building Opportunity and Choices for All ("BOCA") interim ordinance passed in 2022 • Townhouses, duplexes, triplexes, and quadplexes allowed in single-family zones • Includes basic design standards 40'Max Height 30'Max Wall Height Front Setback Setback 6' Porch Encroachment Allowance Port Angeles • Small -lot detached house allowed on 3000 sf lots with special provisions • Minimum usable open space requirement: at least 15' square and 10% of lot area 20 108' Tukwila House Garage Porch Street 60' 6,500 SF Lot 75' Port Angeles 300sf Minimum Open Space Alley (15'x20') r______________ Garage 4-5 j T' 40' I Street House 3,000 SF Lot 300 SF usable open space required Approach Local Conditions Zoning code • LDR zone • ADU regulations Typical lot characteristics • Lot size, dimensions, development • Likely redevelopment outcomes under current and revised rules 22 Low Density Residential (LDR) Zone Minimum lot size: 6500 sf Building types: Detached house Height: 30 ft Parking: 2 per dwelling unit, plus 1 per bedroom above 3 Coverage: ADUs: 35% Requires owner occupancy 24 Zoning HDR MDR LDR C/LI 111 HI LI MIC/H MIC/L MUO NCC - O RC RCC RCM TUC -CC TUC -P TUC -RC TUC-TOD TUC -WP TVS A LDR 1 num 'r* irt -111 gyp I 1 1 \ } ! // / 1/ / r • 1 J A Study Parcels Study Parcels • 1,380 parcels • 35% of LDR parcels • Includes areas near • Tukwila International Boulevard • McMicken Heights Safeway • S 144th St • 58th/62nd/65th Ave S • Riverton • Foster/Interurban 1 •• I 1 Ammo in wp Elora own ram,;moimp imam ; IMO :I•.I•.I . ! �gi,I 1fir!! . T i rIJ■ I, moon ■_I McMicken Heights Typical Lots • Most lots developed before 1960 • Median home size: 1,580 sf • Median lot size: 9,800 sf • 21% are smaller than current minimum lot size • 60% cannot be developed further except for ADU can be split under current rules 26 Existing Middle Housing Nonconforming homes currently in LDR zone: • 35 duplexes • 6 triplexes • 3 fourplexes • 2 six-plex apartments C Iu b S 128th St-- North t— North Sara Tac Park c ran F .Id rr S Largs S 14611 f.8 Seat de- '3 Tacoma Intl Airport cr S 511ft.S 166th St We stfie Id Southcernbr 5 174th St Cisyad Rentun,clycs� Canada. Eri, 1 -PERE Char Tukwitch Pond nty of King, BIIrrea nd Manigrm ,i, fRri E &NTP, Int CfS, MEZNASA,€PA, olL VS0,6 a 7 Existing Middle Housing Nonconforming homes currently in LDR zone: • 35 duplexes • 6 triplexes • 3 fourplexes • 2 six-plex apartments 28 Club -� L rji S La rigs iiiilit111I1II.I.I I'I !IIIlriiiIlilt l fir. 111111 f ki I�- Iacono Intl Airport 511ft.S 1661h St 5 174th SI Ciyad Rertan, Canacln. Eri, 1 -PERE Char e strwrid Scuthcenier iukwd3 Po nit Part r ty of King, Burrau 4Fland Manor rnrnt, fRri RENT P. InketrAap,i4Ga, ariE fNASA, EPA, Li VS0,4 7 Potential code changes Two types of code changes under consideration for analysis and code revision recommendations: 1. Tweak LDR citywide to increase flexibility • Minimum lot size • ADU rules • Subdivision process 2. Allow denser middle housing types on a subset of LDR lots • Building types (fourplex, etc) • Parking requirements • Density • Lot dimensions 29 Study Parcel Development Potential VIIVIH Parcels Analysis yi 35rfl 3a 6 a .Ikwme 12J 2.40 LDP 314 Single Loi Subdivision ribck�rd niN� 201 171 30 Large .ale Subdivision emHil-'Scali &wird r. iii n 41 Farrel Size by Square Feet • Mel:IIan = 9,259 sq Ift 4' S9 l 158 kwarton Par; Tukwila Westfield Southcenter of King, Bureau of IAM Management, Esri Gunn, INCREMENT P', USGS, EPA USDA logic n l.w REI IL cot ,;1,, Eat Neighborhood Workshop Study Parcel Development Potential 8 70 1.01 6D° s 2 4 1- o 3 D 2D 12 1Z9 1 0.9% As -is 937 152 150 11% ADDU Backyard InfilI Small -Scale Large Scale Subdivision Subdivision 1XI 0 900 s00 700 600 500 400 3DO 200 100 0 Parcel Count by Type Neighborhood Workshop Discussion and Next Steps Discussion What values should drive this work? What outcomes should we strive for? What examples from other cities should we look to? What are your priorities for community engagement? Next Steps • Promote Social Pinpoint site and housing survey • Work with CBOs to plan public meeting in May • Planning Commission meeting in June on zoning recommendations • Work with City to complete racially disparate impacts analysis 34 Thank You! 36 City of Tukwila Allan Ekberg, Mayor Department of Community Development - Nora Gierloff, AICF, Director TO: Tukwila Planning Commission FROM: Nora Gierloff, AICP, DCD Director BY: Neil Tabor, AICP DATE: April 18, 2023 SUBJECT: Legislative Update — Briefing Planning Commission April 27, 2023 ISSUE This agenda item is to brief the Planning Commission on select legislative items that are expected to be passed into law from the most recent session of the Washington State Legislature. It is anticipated that some of these legislative actions will require modifications to local government planning requirements. Due to the timing of the packet not all details of bills may be finalized. BACKGROUND The legislative session ends on April 23, 2023. This session has included a number of bills related to housing production, regulation and permitting, as well as select bills with overarching implications to planning topics. This memo will provide a brief overview of those identified as especially pertinent for the City of Tukwila, as well as a few bills from previous sessions that will need to be incorporated into future code updates. As this memo is being written before the end of the session, staff may provide additional updates at the Planning Commission meeting. Bills that Will Likely Require Code Updates • E2SHB 1110 Middle Housing This bill would require cities under a population 25,000 residents, but within a county with a population of at least 275,000 residents, such as King, to allow at least two dwelling units per lot on all lots zoned predominantly for single-family residences. Slightly higher standards apply for cities between 25,000 and 75,000 residents. This update would be effective six (6) months from the date of periodic comprehensive plan update deadline, or June 2025. Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 37 INFORMATIONAL MEMO Legislative Update - Briefing April 27, 2023 Page 2 of 4 • HB 1337 ADU Reform This bill would require that accessory dwelling unit regulations comply with new requirements that restrict what cities can require of ADUs within their communities. The main criteria include: o Each city must allow up to two ADUs per lot that allows single-family homes. o May not require owner occupancy of the ADU or primary dwelling. o Places limits on impact fees for ADUs. o May not limit the size of the ADUs to less than 1,000 square feet. o May not restrict the height of ADUs to less than 24 feet. o Must allow ADUs on any lot that meets the minimum size requirements for the principal unit. o May not restrict ADUs from condomizing and selling as separate units. o Requires flexibility for conversion of existing structures into ADUs. o May not require public street improvements as a condition of ADU permitting. o Limits design requirements that can be applied to ADUs. This update would be effective six (6) months from the date of periodic comprehensive plan update deadline, or June 2025. • 2SSB 5412 SEPA exemptions, design review o Exempts middle housing projects from SEPA. o Limit ambiguity in design regulations. This update would be effective six (6) months from the date of periodic comprehensive plan update deadline, or June 2025. • ESHB 1293 Process, design review o Limits standards which can be applied for design review. o Recommends expedited review timelines for low-income and moderate -income housing projects. This update would be effective six (6) months from the date of periodic comprehensive plan update deadline, or June 2025. • HB 1181 Climate Change in GMA o Adds Climate Change and Resiliency Element to list of required comprehensive plan elements. o Requires that jurisdictions address the impacts of climate change, and adopt strategies to reduce greenhouse gas (GHG) emissions and vehicle miles traveled (VMT). o Requires supporting plans to address climate change and resiliency. INFORMATIONAL MEMO Legislative Update - Briefing April 27, 2023 Page 3 of 4 This update must be adopted with the next update of the comprehensive plan, as understood at this time. • ESHB 1042 o Limits restrictions that can be placed on the conversion of existing commercial or mixed use buildings converted to residential use. This update would be effective six (6) months from the date of periodic comprehensive plan update deadline, or June 2025. • RCW 36.70A.620 General parking requirements near transit o Sets the maximum number of parking stalls that may be required for certain new affordable, senior, and market housing projects meeting a certain frequency level of nearby transit service, with limited exceptions. Currently effective. Tukwila will need to adjust its regulations to meet this requirement. • RCW 36.70A.698 ADU Parking requirements near transit o Restricts jurisdictions from requiring off-street parking for ADUs, with limited exceptions. Ambiguous as to when this would become effective, due to exemption for cities that have recently updated ADU ordinances, as Tukwila is categorized. Bills Likely Not to Require Code Updates • E2SSB 5258 Condo Reform o Limits the liability of the developer through a rework of provisions relating to construction defects. o Alters financing by modifying how funds must be held by developers, as well as reduces barriers for buying condominiums. • 2SHB 1474 Reversing Housing Discrimination o Creates a special purpose credit program to provide downpayment and closing cost assistance for persons historically disadvantaged by racist housing policies. o Tasks county assessors to create Covenant Homeownership Program to fund such special purpose credit programs. 39 INFORMATIONAL MEMO Legislative Update - Briefing April 27, 2023 Page 4 of 4 DCD Staff will monitor codification and interpretation of these and any other pertinent bills to ensure streamlining of regulations and compliance with state law and with the comprehensive plan update. City of Tukwila Allan Ekberg, Mayor Department of Community Development - Nora Gierloff, AICP, Director STAFF REPORT TO THE PLANNING COMMISSION Prepared March 28, 2023 REQUEST: Follow up on discussion of amendments to the Tukwila Planning Commission Rules of Procedure (Bylaws). This item was last discussed at the February 23, 2023, meeting. Amendment Process: Per Article IX of the current adopted Bylaws, amendment of the Rules of Procedure requires a two thirds vote of the members present at any meeting, provided notice of such proposed changes has been transmitted to the Commission not less than five (5) days prior to the meeting. STAFF: Nora Gierloff, AICP, DCD Director Nancy Eklund, AICP, Long Range Planning Manager ATTACHMENTS: A. Proposed Planning Commission Bylaws - Clean Copy B. Proposed Planning Commission Bylaws - Marked -up copy BACKGROUND At their December 8, 2022, meeting, the Commission reviewed the proposed "clean-up" changes to the bylaws, as well as several changes requested by City administration to address new policies and legislative mandates. At that time, the Commission concurred on most of the recommended amendments, and staff committed to returning to the Commission with specific edits to the limited items the Commission requested. No vote was taken on the document at that time. At the Commission's February 23, 2023, meeting, the Commission reviewed and adopted only those changes that City Administration had requested; they had asked for more time to review other clean-up changes proposed to ensure the PC bylaws were not out of step with bylaws from other City boards and commissions. Staff met with City Administration on March 20th to discuss the breadth of the amendments proposed for the PC bylaws. At that time, Administration concurred with most of the recommended changes, but reinforced their request that boards and commissions accept written general public comment only (comment/testimony received at public hearings is acceptable). "General non-public hearing" comment received shall be: a) forwarded to the Planning Commission Secretary by 5:00 p.m. the day preceding the Commission meeting. If any communication is received by that date, it will be forwarded to the Commission prior to the meeting; and b) comment received after 5:00 p.m. will be held until the next PC meeting. Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 41 Planning Commission Agenda, 4/27/23 Amendment of Bylaws #3 3/28/23 Page 2 of 2 It was noted that the PC has specific areas of focus and responsibility and that not all general public comments may warrant action on the part of the Commission. To address general public content received, the Commission can ask staff to confer with Administration to determine if the comment's subject matter is something that should be researched and added to a future meeting agenda, or addressed in some other way. Changes Proposed in the Bylaws The Commission reviewed the vast majority of the Bylaws amendment's content. Remaining items include: 1. Refinement of the officer succession process -Article IV - Duties (p. 6 on the "track changes" version); 2. Refinement of the meaning of "general non-public hearing comment" to be accepted by the Commission (Article V, Sections D and E, pages 9-10); 3. Clarifying Meeting Decorum requirements (Article VI, D, p. 9 and 10) to keep public hearing guidance together, and to be clear regarding comment received that the Commission may accept at a meeting; and 4. Use of the term "testimony" when referencing public comment received by the Commission at public hearings, to differentiate such comment from the term "general, non-public hearing" comment (Article VI, Section F, p. 11). REQUESTED ACTION You have reviewed these sections previously, and they are provided here for your approval. 42 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 23, 2023 Adopted April 27, 2023 RULES OF PROCEDURE FOR THE TUKWILA PLANNING COMMISSION AND BOARD OF ARCHITECTURAL REVIEW ARTICLE I — PURPOSE AND OBJECTIVES Pursuant to the authority conferred by the Revised Code of Washington (RCW) 35A.63 and per Tukwila Municipal Code (TMC) 2.36.010 the Planning Commission is hereby established to serve in an advisory capacity to the Mayor and City Council for the City of Tukwila. Purpose: The purpose of the Tukwila Planning Commission is to perform the function of a Municipal Planning Commission as set forth in RCW Chapter 35.63 and Chapter 2.36 of the TMC on matters relating to land use, comprehensive planning and zoning. In the City of Tukwila, members of the Planning Commission also serve as the Tukwila Board of Architectural Review (referred to herein as BAR or Board of Architectural Review). The purpose of the BAR is to review land development and building design per TMC Chapter 18.60. (Unless otherwise specified, the term "Commission" shall be used herein to reference the bylaws and rules of procedure governing the operations of both commission capacities, i.e., the Planning Commission and the Board of Architectural Review.) 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 for consistency and integration among plans that 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 involvement, are part of the City's planning processes. 4. To represent a whole -city viewpoint when evaluating proposed plans, projects, and issues. 5. To make recommendations that recognize the City's needs and government's 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 public health, safety and welfare. Individual project approvals shall be based on an evaluation of the project design against the applicable design guidelines, TMC requirements and other development standards. Page 2 of 14 44 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 operating in the City. (A list of current members, terms, and past Commission Chairs is shown in Exhibit A, and shall be updated annually.) Per TMC 18.60.020, the BAR 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 Members 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 2.36.010 and in TMC 18.60, when sitting as the BAR. 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 BAR. C. Duties of the Officers Chair The Chair shall preside at all meetings and adhere to the duties of the presiding officer prescribed in Robert's Rules of Order, Newly Revised. 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. Page 3 of 14 45 The Chair will serve as a member on the City's Board of Ethics (per TMC 2.97.040 and TMC 2.97.050). 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. 1. 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. 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. Page 4 of 14 46 4. Conflict of Interest Washington's ethics laws prohibit public officials from gaining financially as a 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. 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 policy to continue the City of Tukwila's commitment to being an inclusive 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: 1. Ensuring compliance with applicable laws, such as the Open Public Meetings Act (OPMA) and the Public Records Act (PRA) including legal noticing requirements; 2. Maintaining a current roster of all members; 3. Taking roll at regular, special, and public hearing meetings; 4. Compiling agendas and agenda packets, recording, transcribing, and maintaining minutes and records, forwarding recommendations and/or implementing actions; 5. Providing professional guidance, issue analysis and recommendations; 6. Assisting with research, report preparation and correspondence. Page 5 of 14 47 ARTICLE IV — DESIGNATION OF OFFICERS The initial Chair and Vice -Chair positions, as described in Article III, shall be determined based the longest and second -longest serving member of the Commission. At each year thereafter, each Commissioner shall rotate through the positions of Chair and Vice -Chair (unless the Commissioner declines to assume the role) before a Commissioner may serve an additional term as Chair or Vice -Chair. A Commissioner may defer their service as Vice Chair the year they are eligible and may retain their place in line for consideration as an officer the following year. Officers shall take office annually at the first regular public meeting of the calendar year. 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 hours' notice, staff shall be present at the advertised meeting site to notify any members of the public showing up. (See Section A below for more information about cancellations.) Commission Meetings: The Commission may hold both public hearings on legislative matters and quasi-judicial hearings, as well as work sessions. However, all meetings shall be open to the public and duly noticed per the applicable regulations in the TMC. Public Hearing for Legislative Matter: The purpose of a public hearing on a legislative matter is to obtain public input on matters of policy. Such hearings 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. Public Hearing for Quasi -Judicial Matter: 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 developed at the hearing. Therefore, these types of hearings are subject to stricter procedural requirements than legislative hearings. Page 6 of 14 48 Work Sessions: Work sessions are staff -led meetings that are intended to provide the Commission 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 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, Newly Revised shall apply. A. Schedule The Commission shall hold regular meetings according to the following schedule: 1. January through October, the fourth Thursday of each month. Meetings held on the second Thursday of November and December, and any additional Commission meetings scheduled during the year, will be noticed as Special meetings. Unless notice is provided that there will be a different location and/or starting time, Commission meetings shall be held in the City Council Chambers (6200 Southcenter Blvd, Tukwila, WA) and 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 meeting date; such meeting shall be noticed as Special meetings. B. Special Meetings 1. 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. 2. 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 to have remote meetings during the declared emergency. a. During a fully -remote meeting, Commissioners may attend by phone or other electronic means that allow all participants to hear one another in live time. b. Fully -remote meetings are open to the public and arrangements must be made to ensure that the public can hear the meeting while it is occurring, subject 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, they recognize that there may be circumstances that warrant remote attendance at a meeting. The Commission will hold an in-person meeting as described in Section A above, but will allow Commissioners to attend remotely, , subject to the following provisions: Page 7 of 14 49 a. A Commissioner planning to attend a meeting remotely should notify the Secretary to the Commission no later than noon the day of the meeting. b. A Commissioner attending remotely will be marked present, counted toward a quorum, and can vote just as if physically present. c. If a Commissioner's virtual connection should become lost during the meeting, the meeting should continue unless quorum is no longer met. 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 (General Non-public Hearing Related) 6. Unfinished Business 7. New Business 8. Reports of Commissioners and Staff/Announcements 9. Adjournment E. Public Comment The Commission shall provide several opportunities for the public to comment on Commission business: 1. Public Hearing Comment: Comments for items being considered at public hearings. o Written comments relating to items being considered at a public hearing should be provided by email, regular mail, and/or hand delivery to the Secretary of the Planning Commission prior to 5:00 p.m. the day before the public hearing. Any comments received will be forwarded to Commissioners and City Staff for their information. o During the public hearing, both written and oral comment relating to the items being considered by the Commission may be provided. o Comments provided outside of these parameters will not be considered part of the public record for the item being considered at the public hearing. 2. General, Non-public Hearing Related Comment: Public comment on general, non- public hearing related items is provided for in all meetings, consistent with the following: o Such public comment shall be written and provided to the Secretary of the Planning Commission. If such comment is provided prior to 5:00 p.m. the day before the Commission meeting, the comment will be forwarded to Commissioners for their information at that meeting. o If such comment is received less than 24 hours prior to the Commission meeting, staff will hold the comment and forward it to the Commission for information at the following meeting. o No oral or written comment will be accepted at a Commission meeting unless permitted under Article VI, section E. Page 8 of 14 50 F. Notices The Secretary shall notify the public of the preliminary agenda for the forthcoming Commission meeting by posting a copy of the agenda in the City's Digital Records Center. 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 Robert's Rules of Order 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) During a public hearing, no person shall address the Commission without first obtaining recognition from the Chair. b) If a large number of people wish to speak at a public hearing, 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. c) Once a member of the public has spoken in regard to a specific public hearing 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. d) If audience dialogue becomes disruptive, the Chair may recess the meeting or request that the meeting be adjourned. e) To aid in the creation of accurate meeting minutes all public speakers should identify themselves each time they address the Commission, however, the Commission will not forbid the public speaker to comment if they decline to identify themselves. f) Except for comments received by the Commission during public hearings, or as described in Article V, section E, no other public comment shall be allowed. 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. Page 9 of 14 51 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. F. Quasi -Judicial Hearing Procedures 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? • 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 the Commissioner's participation in the hearing. If so challenged, the Commissioner must step down from Page 10 of 14 52 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 Testimony — In accordance with Article VI, Section D, the Chair shall recognize any member of the public present who wishes to comment on the topic. Comments are to be directed to the Commission. Staff and Applicant — Address final questions from Commission. Chair - close the public hearing. Commission — Following approval of a motion, the Commission will begin its deliberations, as described in Section H. Commission — Voting Any member may make a motion on the agenda topic Any member may second the motion Discussion Vote G. Procedures for Public Hearing on a Legislative Item All public hearings held by the Commission shall use the following procedures: Chair — open the public hearing on the legislative item, 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 Testimony — In accordance with Article VI, Section D, the Chair shall recognize any member of the public present who wishes to provide comment on the topic. Comments are to be directed to the Commission. Staff and Applicant — Address final questions from Commission. Chair — close the public hearing. Commission — Following approval of a motion, the Commission will begin its deliberations, as described in Section H. Commission — Voting Any member may make a motion on the application Any member may second the motion Page 11 of 14 53 Discussion Vote H. Commission Deliberation After all speakers at a public hearing have been heard, the 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 or oral public comments/testimony 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. Unless otherwise required, a simple majority consists of a majority of Commissioners present at a meeting. 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. 2) A new procedural item (i.e., relating to the administrative processes used by the Commission, vs. a substantive item relating to code, policy, or development issues) 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. J. Commission Recommendations After discussion and deliberation of an agenda item, the Commission shall make a recommendation to the City Council by a motion and approval of a majority of those members participating. 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. K. Adjournment/Recess/Continuations Meetings shall be adjourned by a majority vote of 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, and shall be determined 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 Page 12 of 14 54 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. Page 13 of 14 55 Exhibit A 2022 ROSTER OF PLANNING COMMISSIONERS Position Position #1 (Resident) Member LOUISE STRANDER Term (4 years) Appointed 03/15/2010 Term Expiration 12/31/2022 Position #2 (Resident) VACANT 12/31/2026 Position #3 (Business) MARTIN PROBST 06/27/2022 12/31/2023 Position #4 (Resident) DENNIS MARTINEZ 3/21/2016 12/31/2023 Position #5 (Resident) ALEXANDRIA TEAGUE 01/4/22 12/31/2022 Position #6 (Resident) APNEET SIDHU, Chair 05/17/21 12/31/2023 Position #7 (Resident) SHARON MANN, Vice Chair 08/20/2012 12/31/2023 Secretary, Wynetta Bivens Past Chairs 2022 Commissioner Karen Simmons 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 Page 14 of 14 56 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 23, 2023 Adopted April 27, 2023 57 RULES OF PROCEDURE FOR THE TUKWILA PLANNING COMMISSION AND BOARD OF ARCHITECTURAL REVIEW ARTICLE I — PURPOSE AND GOALSOBJECTIVES Pursuant to the authority conferred by the Revised Code of Washington (RCW) 35A.63 and per Tukwila Municipal Code (TMC) 2.36.010 the Planning Commission ("Commission") is hereby established to serve in an advisory capacity to the Mayor and City Council for the City of Tukwila. Purpose: The purpose of the Tukwila Planning Commission is to perform the function of a Municipal Planning Commission as set forth in RCW Chapter 35.63 of the Revised Code of Washington ("RCW") and Chapter 2.36 of the Tukwila Municipal Code ("TMC) on matters relating to land use, comprehensive planning and zoning. In the City of Tukwila, members of the Planning Commission also serve as the The purpose of the Tukwila Board of Architectural Review (referred to herein as BAR or Board of Architectural Review). The purpose of the BAR is to review land development and building design per the TMC Chapter 18.60. (Unless otherwise specified, the term "Commission" shall be used herein to reference the bylaws and rules of procedure governing the operations of both commission capacities, i.e., the Planning Commission and the Board of Architectural Review.) 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 for consistency and integration among plans which that 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 involvement, are part of the City's planning processes. 4. _To represent a whole -city view -point when evaluating proposed plans, projects, and issues. 5. _To make recommendations which that recognize the City's needs and government's constraints, as well as identified citizen viewpoints. 6. _To fairly judge the merits of quasi-judicial applications, such as a dcsign review, or subdivision preliminary plat or phasing plan with an associated design review pplicationshoreline conditional use permit,.] 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 welfare. Specifically, the Board of Architectural Review ("BAR") shall only approve well Page 2 of 18 58 Commented [NE1]: Changed to Objectives - the Council establishes the PC goals, not the PC. They implement. Commented [NE2R1]: FYI - it was recommended by legal that we not abbreviate "Planning Commission" into "PC" in this document to avoid any interpretation issues. Staff and Commission members will invariably refer to the Commission as the "PC", but that is not a term that should be used in the bylaws. Commented [NE3]: RCW 35A.63.010 Definitions. The following words or terms as used in this chapter shall have the meanings set forth below unless different meanings are clearly indicated by the context:... (8) "Planning agency" means any person, body, or organization designated by the legislative body to perform a planning function or portion thereof for a municipality, and includes, without limitation, any commission, committee, department, or board together with its staff members, employees, agents, and consultants. RCW 35A.63.020 Planning agency—Creation— Powers and duties— Conflicts of interest. By ordinance a code city may create a planning agency and provide for its membership, organization, and expenses. The planning agency shall serve in an advisory capacity to the chief [ .,. Commented [NE4]: This language is intended to clarify that the Planning Commission serves as two separate Boards: the Planning Commission and the Board of Architectural Review, addressed by separate sections of the municipal code. Commented [NES]: This simplifies this item - it is not necessary to list an example task. Commented [NE6R5]: Rev: This example language was deleted since the Commission no longer does several of these activities, e.g., subdivision preliminary plat or shoreline conditional use permits. It's not necessary to [ ,. Commented [NE7]: This term should be consistent with the one highlighted above: either they are both goals or they are both objectives environments. lIndividual project approvals shall be based on an evaluation of the project design against the applicable design guidelines, Zoning CodcTMC 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 community membersresidents 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. (A list of current members, terms, and past Commission Chairs is shown in Exhibit A, and shall be updated annually. Per TMC 18.60.020, the BAR 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 Members 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 2.32.0102.36.010 and in TMC 18.60, when sitting as the BAR. 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 BAR.I C. Duties of the Officers Chair Page 3 of 18 Commented [NE8]: This comment is misplaced - the expectations of the review performed by the BAR are spelled out in the applicable code sections and do not belong here. Commented [NE9]: File footer to be removed Commented [NE10]: This clarifies that the majority of the Tukwila PC is composed of Tukwila residents, vs. people who may have businesses in town but do not live in Tukwila. Commented [NE11]: This will be updated every year without requiring an update of the Bylaws Commented [NE12]: This language is from TMC 2.36.020.G and can't be changed without changing the code.. Commented [EFM13]: Recommend removing underscore. Commented [NE14]: Clarification of how the Commission officers are selected and that they also serve as officers of the BAR The Chair shall preside at all meetings and adhere to the duties of the presiding officer prescribed in Robert's Rules of Order, Newly Revised. 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. The Chair will serve as a member on the City's Board of Ethics (per TMC 2.97.040 and TMC 2.97.050). 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; • 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 Chair the following year. The Vice -Chair will automatically be promoted to 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. 1. 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. 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. Page 4 of 18 60 Commented [NE15]: Commission goals are set by the Council; this change clarifies the function of the Chair. Commented [NE16]: Defines that sequence of leadership progresses from the Vice Chair to the Chair role the following year. Formatted: Font: Bold Formatted: Font: 12 pt, Bold Formatted: Font: Bold 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 Washington's ethics laws prohibit public officials from gaining financially as a 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. 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 policy to continue the City of Tukwila's commitment to being an inclusive 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: 1. Ensuring compliance with applicable laws, such as the Open Public Meetings Act (OPMA) and the Public Records Act (PRA) including legal noticing requirements; 2. Maintaining a current roster of all members 3. Taking roll at regular, special, and public hearing meetings; 4. Compiling agendas and agenda packets, recording, transcribing, and maintaining minutes and records, forwarding recommendations and/or implementing actions; Page 5 of 18 61 5. Providing professional guidance, issue analysis and recommendations; 6. Assisting with research, report preparation and correspondence. ARTICLE IV — DESIGNATION OF OFFICERS The initial Chair and Vice -Chair positions, as described in Article III, shall be determined based the longest and second -longest serving member of the Commission. At each year thereafter, each Commissioner shall rotate through the positions of Chair and Vice -Chair (unless the Commissioner declines to assume the role) before a Commissioner may serve an additional term as Chair or Vice -Chair. A Commissioner may defer their service as Vice Chair the year they are eligible and may retain their place in line for consideration as an officer the following year. - Officers shall take office annually at the first regular public meeting of the calendar year. year. Designations are based on longevity of service on the Ccommission 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. 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 Section 1: Meetings All Commission meetings shall comply with the requirements of the Open Public Meetings Act RCW 42.30. The Commission shall hold at least one regular meeting per quarter. 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 hours' notice, staff shall be present at the advertised meeting site to notify any members of the public showing up. (See Section A below for more information about cancellations.) Page 6 of 18 62 Commented [NE17]: RCW 35.63.040 Requires PCs to meet 9 times /year, but TMC 2.236.040 says 4/year. Until the code is made consistent with the RCW, this is being deleted. Commented [ER18R17]: Yes. See RCW 35.63.040. Commented [NE19]: Clarifies procedures in the event of a cancellation. Planning -Commission Meetings: The Planning Commission may hear hold both Public hearings on legislative matters kind quasi-judicial actionshearings, 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 \ in nature. However Aall meetings shall be open to the public and duly noticed per the applicable regulations in the Tukwila Municipal CodoTMC. Public Hearing for Legislative Matter: The purpose of a legislative public hearings on a legislative matter is to obtain public input on matters of policy. Such hearings 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. if challenged, the decision reached at a legislative public hearing is only reviewed to determine if it i,, constitutional or violates state law. Public Hearing for Quasi -Judicial Matter: All Board of Architectural Review hearings are quasi-judicial in nature. Quasi judicialublic 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. Work Sessions: Work sessions are staff -led meetings that are intended to provide the Commission' with a better understanding_ ofgeneral 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 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, Newly Revised shall apply. A. A. Schedule The Commission shall hold regular meetings according to the following schedule: 1. January through October, tThe fourth Thursday of each month 'January through October. Meetings held on the second Thursday of November and December, and any additional Commission meetings scheduled during the year, will be and the eecond Thursday noticed as Special meetings. in November and December'. Unless notice is provided that there will be a different location and/or starting time, Commission The meetings shall be held in the City Council Chambers (6200 Southcenter Blvd Tukwila WA and shall be • in at 6:30 ..m.-tnaless-naeflified 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 meeting date; such meeting shall be noticed as Special meetingsy or to cancel the meeting. Page 7 of 18 Commented [NE20]: Legal has advised us to differentiate between quasi-judicial hearings (e.g., BAR hearings), and "public hearings on legislative matters (e.g., Planning Commission hearing on Comp Plan). A "Legislative hearing" is a different type of hearing and is not the same as a comp plan -type public heating Commented [NE21]: Adding Work Sessions as a type of meeting Commented [NE22]: Moved below Commented [NE23]: Clarification of what happens to Legislative decisions. This paragraph was reordered from the original sequence to conform to the sequence of PC meeting types listed above (legislative, quasi- judicial, then work sessions). The last sentence is not applicable and was deleted. Commented [NE24]: Unnecessary specifics removed. Commented [NE25]: Meaning both PC and BAR ( Commented [NE26]: New paragraph to describe these meetings Commented [ER27]: Recommend revising to be in compliance with RCW 35.63.040. Commented [NE28R27]: This section of the RCW defines what a "regular" meeting is. Any meetings outside of that schedule shall be considered Special meetings and advertised as such. Commented [NE29]: Recommended that we include this as required by the OPMA 3. Any Commission mccting 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 1. Special meetings may be held by the Commission subject to notice requirements prescribed by State lawJSpecial 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. 2- 2. 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 to have remote meetings during the declared emergency. a. During a fully -remote meeting, Commissioners may attend by phone or other electronic means that allow all participants to hear one another in live time. b. Fully -remote meetings are open to the public and arrangements must be made to ensure that the public can hear the meeting while it is occurring, subject to the requirements of RCW 42.30. -1-2.In times of non -emergency, the Commission recognizes the value of in-person attendance at meetings, however, they recognize that there may be circumstances that warrant remote attendance at a meeting. The . Commission member will hold an in-person meeting as described in Section A above, but will allow Commissioners to attend remotely, .. subject to the following provisions,: ab. A Commissioner planning to attend a meeting remotely should notify the Secretary to the Commission no later than noon the day of the meeting. be. A Commissioner attending remotely will be marked present, counted toward a quorum, and can vote just as if physically present. cd. If a Commissioner's virtual connection should become lost during the meeting, the meeting should continue unless quorum is no longer met. A Commissioner's loss of a virtual connection will not be counted toward the maximum limit DC. Order of Business The order of business for each regular meeting of the Commission shall be as follows: Page 8 of 18 64 Commented [ER30]: Recommend deleting this. Commented [NE31]: Clarification that meetings start at 6:30; if the Commission wants to change a meeting time for any reason, it becomes a special meeting (unless the bylaws are amended) 1. Call to Order 2. Roll Call 3. Amendment of Agenda if NecessaryApproval of Agenda 4. Approval of Minutes 5. Public Comment (General Non-public Hearing Related) 6. Unfinished Business 76. New Business 87. Reports of Commissioners and Staff/Announcements 98. Adjournment E. Public Comment The Commission shall provide several opportunities for the public to comment on Commission business: 1. Public Hearing Comment: Comments for items being considered at public hearings. o Written comments relating to items being considered at a public hearing should be provided by email, regular mail, and/or hand delivery to the Secretary of the Planning Commission prior to 5:00 p.m. the day before the public hearing. Any comments received will be forwarded to Commissioners and City Staff for their information. o During the public hearing, both written and oral comment relating to the items being considered by the Commission may be provided. o Comments provided outside of these parameters will not be considered part of the public record for the item being considered at the public hearing. 2. General, Non-public Hearing Related Comment: Public comment on general, non- public hearing related items is provided for in all meetings, consistent with the following: o Such public comment shall be written and provided to the Secretary of the Planning Commission. If such comment is provided prior to 5:00 p.m. the day before the Commission meeting, the comment will be forwarded to Commissioners for their information at that meeting. o If such comment is received less than 24 hours prior to the Commission meeting, staff will hold the comment and forward it to the Commission for information at the following meeting. o No oral or written comment will be accepted at a Commission meeting unless permitted under Article VI, section E. DF. Notices The Secretary shall notify the public -shall be notified of the preliminary agenda for the forthcoming Commission meeting by posting a copy of the agenda in the City's Digital 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,. ARTICLE VI - RULES OF MEETINGS Page 9 of 18 Formatted: Bulleted + Level: 2 + Aligned at: 0.75" + Indent at: 1" 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 Robert 's Rules of Order 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) urin a •ublic hearin nNo person shall address the_Commission without first obtaining recognition from the Chair. b) If there arc a large number of people whe-wish to speak at a public meeting hearing, 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, c) Once a member of the public has spoken in regard to a specific public hearing matter before the Commission, he or she shall may not be recognized to speak again until all ersons wishing to speak have first been given the opportunity to do so. e)- IIf audience dialogue becomes disruptive, the Chair may recess the meeting or request that the meeting be adjourned. d) e) To aid in the creation of accurate meeting minutes all public speakers should identify themselves each time they address the_ Commission, however, the Commission will not forbid the public speaker to comment if they decline to identify themselves. f) 1Exceptl for comments received by the Commission during public hearings, or as described in Article V, section E, no other public comment shall be allowed.The Commission may allow comments from members of the public attending work cessions by permission of the Chair or majority vote. 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. l -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 Page 10 of 18 66 Formatted: Not Highlight Commented [NE32]: Moved from location above to keep all Public Hearing -related guidance together Commented [NE33]: Moved from previous location as comment b. Formatted: Not Highlight Formatted: Not Highlight 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. F. 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 -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? • 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? Page 11 of 18 Commented [NE34]: These are regular meeting activities and are not part of the Hearing. If any Commissioners disclose appearance of fairness issues, then the ling Commission shall allow the applicant or other audience members to challenge their the Commissioner's 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 Testimony – In accordance with Article VI, Section D, the Chair shall recognize any member of the public present who wishes to comment on the (topic. Comments and questions are to be directed to the Commission, comments and questions arc to be directed to the Planning Commission Staff and Applicant – Address final questions from Commission.Rebuttal testimony and responses by staff, applicant and the public Chair - close the public hearing, Commission – Following approval of a motion, the Commission will begin its deliberations, as described in Section H. Commission – Voting (Commission deliberates Any member may make a motion on the applicationagenda topic Any member may second the motion Discussion Vote Next Item if applicable Director's Report G. Procedures for Public Hearing on a Legislative Item All legislative public hearings held by the Commission shall use the following procedures: Chair call the meeting to order Secretary take attendance Chair — open the public hearing on the public -legislative item, state the purpose of the hearing and the action the Commission may take, Staff– present the staff report and take questions from the Commission, Page 12 of 18 68 Commented [NE35]: Guidance from Legal: The Commission should NOT engage with the public speaker during public comment. This is an opportunity for the speaker to share their concerns with the Commission, not for the Commission to engage in dialogue with the public speaker - to do otherwise dilutes the speakers comments and muddies the record. This problem could be remedied by having an opportunity for a second staff/applicant presentation to answer any final questions. I've added language to that effect. The purpose of this public comment period is to create a record of the public comment, not public questions. Commented [EFM36]: There should be a motion on the floor before deliberation happens. Public Testimony — In accordance with Article VI, Section D, the Chair shall recognize any member of the public present who wishes to provide commentn on the (topic. Comments and questions are to be directed to the Commission. Staff and Applicant — Address final questions from Commission. Rebuttal testimony and responses by staff and the public Chair — close the public hearing. Commission — (Following approval of a motion, the Commission will begin its deliberations as described in Section H. Commission — Voting Any member may make a motion on the application Any member may second the motion Discussion Vote G —X 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 or oral public comments/testimony received; c) Any presentation and discussion made at the hearing; and d) The staff report. Any member may make a motion on the application Any member may second the motion Discussion Vote Next Item if applicable Director's Report Chair adjourn the meeting 141. Voting Voting on all matters except amendments to these by-laws shall be by simple majority. Unless otherwise required, a simple majority consists of a majority of Commissioners present at a meeting. a) b) c) The Chair shall have one vote and shall enjoy the same opportunity to vote as afforded to all other Commission members. On matters considered of extreme importance, the Chair may call for roll call vote. No matter may be voted upon unless: Page 13 of 18 Commented [NE37]: Guidance from Legal: The Commission should NOT engage with the public speaker during public comment. This is an opportunity for the speaker to share their concerns with the Commission, not for the Commission to engage in dialogue with the public speaker - to do otherwise dilutes the speakers comments and muddies the record. This problem could be remedied by having an opportunity for a second staff/applicant presentation to answer any final questions. I've added language to that effect. The purpose of this public comment period is to create a record of the public comment, not public questions. Commented [NE38]: Commented [NE39R38]: Commented [ER40R38]: This is an opportunity for any additional questions from Commission to the staff and applicant. No further testimony from the public nor applicant should be permitted. Commented [EFM41]: There should be a motion on the floor before deliberation happens. Commented [NE42]: Clarification of what the PC should consider during deliberations. 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. _enda, and considered by a 2/3 vote of the may be approved by a 2/3 vote, or 4)2) A new procedural item (i.e., relating to the administrative processes used by the Commission, vs. a substantive item relating to code. policy, or development issues); not on the agenda, may be approved by a simple majority vote. 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. J. Commission Recommendations After discussion and deliberation of an agenda item, the Commission shall make a recommendation to the City Council by a motion and approval of a majority of those members participating. 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.' -K. Adjournment/Recess/Continuations 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, and shall be determined 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 VH 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 70 Page 14 of 18 Commented [NE43]: Streamlined to represent current practice. Commented [NE44]: Clarification of PC's process for recommendations, and opportunity to provide staff with direction on any additional considerations or issues they wish to have conveyed to the Council. Commented [NE45]: Legal input: There are codified limitations and requirements for public hearings that must be followed or the City could be in violation of its own code. This section complies with the City's code and the OPMA. Recommend leaving as is. 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. Page 15 of 18 71 Page 16 of 18 72 Exhibit A 202 ROSTER OF PLANNING COMMISSIONERS Louis trandcr Chair AAS Dennis -Martinez A /,,...atu ria T -ea uc Apncct Sid u Sharon Mann Wynctta Bivcns, Secretary, Wynetta Bivens Past Chairs 2022 Commissioner Karen Simmons 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 Page 17 of 18 73 Term (4 years) Position #1 (Resident). LOUISE STRANDER 03/15/2010 12/31/2022 Position #2 (Resident). VACANT 23 12/31/2026 Position #3 (Business). MARTIN PROBST 06127/2022 12/31/2023 Position #4 (Resident) DENNIS MARTINEZ 3/21/2016 12/31/2023 Position #5 (Resident) ALEXANDRIA TEAGUE 01/4/22 12/31/2022 Position #6 (Resident) APNEET SIDHU, Chair 05/17/21 12/31/2023 Position #7 (Resident) SHARON MANN, Vice Chair 08/20/2012 12/31/2023 Louis trandcr Chair AAS Dennis -Martinez A /,,...atu ria T -ea uc Apncct Sid u Sharon Mann Wynctta Bivcns, Secretary, Wynetta Bivens Past Chairs 2022 Commissioner Karen Simmons 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 Page 17 of 18 73 2004 Former Commissioner George Molina 2003 Former Commissioner Kirstin Whisler 2002 Former Commissioner David Livermore 2001 Former Commissioner Vern Meryhew Page 18 of 18 74