AGENDA PLANNING COMMISSION Thursday, January 18, 2018 7:00 PM - Planning Commission 200 East Scott Avenue - Woodland, Washington Page CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call PUBLIC COMMENT 1. Citizen communication for items not on the agenda (Citizen communication for items on the agenda will be taken at the time when the item is discussed.) CONSENT ITEMS 1. Approval of minutes from December 21, 2017 Planning Commission - 21 Dec 2017 - draft minutes 3-6 2. Agenda Approval - January 18, 2018 DISCUSSION/WORKSHOP 1. Election of Planning Commission officers 2. Presentation on running an efficient meeting - Joe Turner, City of Woodland Hearings Examiner Woodland PC Hearing outline 3. Planning Commission Rules of Procedure - updated version Planning Comm. procedures draft_edits_12282017 7-10 11-15 STAFF REPORTS 1. Project Update COMMISSIONER COMMENTS
Agenda (continued) - Woodland City Council Planning Commission Thursday, January 18, 2018 ADJOURN American with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations should contact the City Clerk Treasurer s Office at 360-225-8281 by noon on the Thursday preceding the council meeting Page 2 of 15
December 21, 2017 DRAFT The REGULAR Meeting of the Woodland City Planning Commission was held on the above date at the Woodland City Hall, Council Chambers, 200 E. Scott, Woodland WA. The meeting was called to order by Chair Sharon Watt at 7:00 p.m. The Pledge of Allegiance was recited. Present: Roll Call. Present: Tel Jensen, Sharon Watt, Paula Bosel, Connie Taylor. Absent: Excused: June Jones. Also Present: Brad Kilby, Interim Planner; Janice Fisher, Clerk PUBLIC COMMENT 1. Citizen communication for items NOT on the agenda Bill Dunlap, 110 S Pekin Road written statement submitted. Additional comments: if you were to vote on changing the comprehensive plan, would you bring the recused members back to vote? Changes to the comprehensive plan are different from rezoning a single lot? Issues such as traffic need to be resolved before rezoning a particular lot. Bill Malloy, 673 Beechwood agrees with Bill Dunlap s comments An additional 70 families in that area will have no safe place for recreation; 1.5 cars per family will add more than 100 cars to the area as well; rezoning this lot would be a huge mistake; neighboring properties will be overshadowed by the proposed new development. we must plan for the future; no upside for the city in this issue Dave Lester, 1333 Glenwood recording from previous meeting was cut off possible violation of state law? The final decision along with some of the testimony was not recorded. Planning Commission should ensure that this does not happen again. Jim Stock, 669 Beechwood Street has seen a number of changes since purchase of his home in 1991; trespasser in his yard chasing a loose dog; once property is built on, there will be no place for residents of the area to walk their dogs; traffic issues; rezoning is a bad planning decision; please reconsider Scott Perry, 180 S Pekin Road after the testimony that was given, many citizens were disappointed with the decision that the PC made on the rezoning issue; concerned about the lack of communication between the Planning Commission and the City Council; specific requirements for processes outlined in WMC 19; in response to his public records request, information was not provided regarding SEPA Page 3 of 15
and pre-application conference; petitions distributed at Chamber of Commerce meeting became a huge issue; has attended many Planning Commission meetings, but the past couple of meetings have been embarrassing; Dave Simpson was well-prepared and knowledgeable despite not always following process; your recommendation about the rezone to city council is to pass on a hot potato you are not capable of handling; challenges Commissioners qualifications and experience Jenny Wilson, 248 Raspberry Lane what were the positive aspects of recommending approval of the rezoning? Traffic and infrastructure issues exit 21 is backed up onto the freeway; school release back up on Davidson; Portco Packaging semi drivers have a hard time finding where to turn; need to resolve current issues before adding to them; the rezone will add to traffic problems; requests that the Planning Commission rescind their recommendation to City Council Jim Stock more advance notice about when the Commission is meeting about the rezone; meeting was cancelled with short notice; asserts that statutory requirements were not met 2. Citizen communication for items on the agenda Will take comments as each agenda item is discussed CONSENT ITEMS 1. Approval of minutes July 20, 2017 Motion: approve July 20 minutes, Action: Agenda Approval, Moved by Tel Jensen, Seconded by Paula Bosel. Correction: amend the second sentence of Brenda Fredrickson's testimony to Applicant responded that other properties are not cost-effective because they do not have water, sewer and utilities. Motion: Approval of amended agenda, Moved by Connie Taylor, none seconded. unanimous 2. Approval of minutes November 30, 2017 Motion: accept the November 30 minutes Moved by Tel Jensen, Seconded by Paula Bosel Corrections: under Staff Reports Community Development Director title is incomplete Additional orrections to be provided via email by Connie Taylor for Action Item 1 regarding disclosure of ex parte communication with the Glenwood Rezone applicant. Action: Approve the November 30 minutes with corrections Motion carried by unanimous roll call vote (summary: Yes = 4). Yes: Paula Bosel, Connie Taylor, Tel Jensen, Sharon Watt. Excused: June Jones. Vote: Page 4 of 15
3. Agenda Approval - December 21, 2017 Motion: approve agenda, Action: Agenda Approval, Moved by Paula Bosel, Seconded by Connie Taylor. Motion passed unanimously. WORKSHOP 1. Planning Commission Rules of Procedure - continued discussion Commissioners discuss revisions made by staff to the Rules of Procedure in accordance with instructions from the Commission. Further revisions are discussed and noted by staff. STAFF REPORTS 1. Community Development Department Update Brad Kilby Port of Woodland actively working on a couple of developments; Columbia Precast considering adding a wash station; Arco station on Schurman Way is finally moving forward; Sequoia Park subdivision coming up redline comments have been provided to applicant COMMISSION REPORTS Connie Taylor wants to see a code enforcement report quarterly Sharon Watt asked if it is possible for a decision to be rescinded Brad responded that a recommendation can be remanded back to the Planning Commission for reconsideration. He also explained that the City Council will hold a de novo hearing in which all testifiers can be heard by the Council and they will consider all the same materials that were presented to the Planning Commission ADJOURN Motion: Action: Adjourn, Moved by Paula Bosel, Seconded by Connie Taylor. Motion passed unanimously. Meeting adjourned at 8:29 Sharon Watt, Chair Minutes approved: Page 5 of 15
Attest: Janice L. Fisher, Clerk These minutes are not a verbatim record of the proceedings. A recording is available in the office of the Clerk-Treasurer Page 6 of 15
Woodland PC Hearing Thoughts This is what I do. PC somewhat different. Consult with City attorney re specifics for PC. However compliance with these restrictions will keep you safe. My understanding that PC has somewhat more flexibility re conflict/appearance of fairness issues. - go through intro vary depending on crowd/issues. Intro/summary - Call to order note date and application number/name - Discuss role of PC to conduct hearings and make decision about proposed development before the PC tonight. Acting as quasi-judicial decision making body. Must apply the law and review what proposed. Cannot redesign the project to make it subjectively better. - Note application subject to laws in effect when filed may not like the law. Can work to change it, but changes no affect this application. Conflicts - Address issues of potential bias/conflict/ex parte or prehearing contact - financial interests in project, affected by project, property ownership on or near site? family/friends with same? - spoke with anyone about project outside the hearing? - appear fair don t be overly friendly with any party and treat all parties equally avoid first names etc. If any potential issues, note, explain, and allow questions. - Site visit? Note you did and summary of what you saw (drove past on these roads, entered the site and noted these buildings, this topo, trees, streams etc. general) Then invite public to question what you observed (I say when you testify ) Page 7 of 15
Hearing Procedure - staff testify - applicant - other proponents/supporters - opponents (appellants on appeal) and those with questions/concerns - Response from staff and applicant ONLY, unless new evidence in response (expert testimony, not legal arguments or pointing out evidence already in the record) - Record open/continue ONLY if reasonable support for why cannot provide now response to new evidence, late Staff Report or other submittals. - deliberations by PC - how/where testify podium/table - begin testimony with name and FULL mailing address - Note testimony should be relevant and concise. Don t repeat. If large crowd and/or controversial application, emphasize concise relevant and no repeat not a popularity contest. Whether all love it or all hate it doesn't matter. Issue is whether does or does not meet the criteria. - If want to preserve right to testify, but your issues have been raised, say I agree with prior testimony and sit down. Enough. - If N s pre-hearing comments hammer on particular issues that are not relevant to approval criteria, say so in intro explain why not relevant and therefore will not accept testimony on that subject. (EMF from cell towers) - Come down hard and fast (but politely) if those issues are raised anyway note not relevant and why and ask to move on. Page 8 of 15
- time limits on testimony? I don t. But can help, especially with larger crowds - If use, still emphasize relevant and no repeat (malcontent/ disgruntled neighbor with an axe to grind about another issue) Discuss appeals - how appeal PC decision (CC or Superior Court?) - appeal (generally) limited to record - In order to preserve your right to appeal, YOU or someone expressly representing you must testify orally or in writing before the close of the record - raise ALL issues now. New issues may be barred on appeal Other - active listening I hear you say - acknowledge concerns, even (especially) if not relevant. I understand your concern about impacts from an existing use (noise, illegal use, flooding, lack of sidewalks, etc), but not part of this application or not caused by proposed development. So this applicant is not required to resolve it. Applicants are not required to resolve all existing or perceived issues in the area. Only those it causes or exacerbates and only to the degree it causes or exacerbates Point out potential ways to address report to enforcement staff, public works, etc. Notice issues? - not required to notify beyond X radius specified in the code publication and posting notices intended to cover those that are further away - failure to receive notice if properly addressed and mailed deemed received. Page 9 of 15
- proper address is what is listed in most recent assessor s records. (Renter, recent purchase etc. not entitled to notice). - If person is present, clearly got notice, so no procedural error. If person shows were entitled to notice and didn t get it, may be basis for continuance or open record to ensure adequate opportunity to review. Page 10 of 15
I. NAME PLANNING COMMISSION OF THE CITY OF WOODLAND Rules of Procedure The official name shall be "The Planning Commission of the City of Woodland". II. MEETINGS Location: All meetings shall be held in the Woodland City Council Chambers, Woodland City Hall, unless otherwise directed by the Chairperson and appropriate notification to the media and public is provided. All meetings shall be open to the public. Date and Time: Regular meetings shall be held on the third Thursday of each month, at 7:00 p.m., for the primary purpose of conducting formal public hearings on applications and petitions properly presented to the city. The meeting location will be open and available to the public ½ hour prior to the scheduled meeting time. Rescheduling Meetings for Holidays: When a regular meeting falls on a holiday or is preempted by a City Council meeting, the meeting shall be rescheduled at the discretion of the Commission. Special Meetings and Workshops: Special meetings and workshops (outside of a regularly scheduled meeting) may be held at the discretion of the Commission. Workshops shall be held for the development of long-range plans, updating ordinances, and other work programs deemed necessary by the Planning Commission or City Council Action may be taken at a special meeting or workshop, provided that appropriate public notice requirements are met. Joint Meetings: The Planning Commission will aspire to host abe available for joint meetings with the City Council at least once annually to gather information and generally discuss topics related to development and growth of the City. Meeting Notices and Agenda: Written notice of all regular and special meetings or workshops shall be provided two weeks in advance of the meeting date. The notice shall include aan agenda of the matters to be considered by the Planning Commission at the meeting shall be available no fewer than 10 days before the meeting. III. ORGANIZATION OF THE PLANNING COMMISSION Membership: The Planning Commission shall consist of five members appointed by the Mayor and confirmed by the City Council. All members of the Woodland Planning Commission shall meet residency requirements per the Woodland Municipal Code as defined by RCW 29A.04.151. Election of Officers: The officers of the Planning Commission shall consist of a Chairperson and Vice-Chairperson elected from the members of the Planning Commission by a majority vote of the members. The Chairperson and Vice- Planning Commission - Rules of Procedure Page Page 11 of 1 of 155
Chairperson shall be elected at the regularly scheduled meeting in January and shall serve a twone-year term of office. Any officer may be removed at any time by a majority vote of the Planning Commission. The vacancy of an office caused by the resignation or removal of any officer of the Planning Commission during his or her term of office shall be filled for the remaining term by a majority vote of the members of the Planning Commission. Duties of the Chairperson and Vice-Chairperson: The Chairperson shall preside over the meetings of the Planning Commission and will exercise all the powers usually incident to the office. The Chairperson will work with staff to review meeting agendas. The Chairperson may create standing or temporary committees to examine, investigate and inquire into subjects of interest to the Planning Commission. No standing or temporary committee shall have the power to commit the Planning Commission to endorse any plan or program. The Vice-Chairperson shall, in the absence of the Chairperson, perform all duties of the Chairperson at a regular or special meeting. In the absence of the Chairperson and Vice-Chairperson, the members present may elect a temporary Chairperson to preside at the meeting. Secretary: The Clerk/Treasurer shall assign a non-voting secretary to the Planning Commission. The secretary shall be primarily responsible for all official records, the preparation of minutes of Planning Commission hearings, regular and special meetings. City staff shall prepare all notices of meetings, inclrequdiring notice to be given to the media and the public in accordance with the appropriate statutes. IV. OPERATIONS AND CONDUCTING BUSINESS Quorum: A quorum is required for the Planning Commission to conduct business. It shall consist of at least three Planning Commission members of record at the call for a vote on a question. If members leave during the course of a meeting, reducing the attendance below three members, the quorum will have ceased. Action shall be by majority of those present and voting, when those present constitute a quorum, at any regular or special meeting of the Planning Commission. Motions and Voting: All members of the Planning Commission may make and vote on motions to recommend approval, approval with conditions, or denial of any development proposal or amendment to a long-range plan or city ordinance. All motions shall be made in the affirmative. For matters requiring a public hearing, motions may be accompanied by an oral statement, by the person making the motion, of reasons and findings supporting the motion. This statement may include reference to any part or all of the planning staff's report and to testimony or evidence submitted at the hearing. Motions addressing development proposals may be acted on by a majority of the Planning Commission present at the time of a vote on the question, provided there is a quorum present. Recommendations for approval on amendments to the text or maps of long-range plans and city ordinances require an affirmative vote by a majority of the Planning Commission. Planning Commission - Rules of Procedure Page Page 12 of 2 of 155
Planning Commission members must be present to vote on motions; proxy votes are not considered valid votes. The Chairperson shall vote in the event of a tie vote of the other members present. A tie vote means the motion fails. A member may abstain from voting. Where not otherwise specified in these rules of procedure, the meetings of the Woodland Planning Commission and the manner of conducting business shall be governed by the latest edition of Robert s Rules of Order. Conflict of Interest and Appearance of Fairness: Any member of the Planning Commission who in his or her opinion has a personal interest in any matters before the Planning Commission that would tend to prejudice his or her actions shall indicate such interest. In the event of a conflict, he or she shall remove him or herself from the proceedings and retire to another room until a vote is taken on the item. In the event there is an appearance that any member could not make a fair and impartial decision because of a real or perceived interest in a matter before the commission, the member shall state the real or perceived interest, or have the interest described by other members of the commission or the audience and remove him or herself from the proceedings. Ex parte communications as discussed in RCW 42.36.060 related to quasi-judicial applications should be avoided if at all possible. If they cannot be avoided.. V. WORKSHOPS Workshops shall be held for the development of long-range plans, updating ordinances, and other work programs deemed necessary by the Planning Commission or City Council. Workshops are for the purpose of discussing and gathering information regarding an application for development, action to recommend approval or denial of an application for development, or action to amend a long-range plan or city ordinance. VI. PUBLIC HEARING PROCEDURES The Chairperson shall open the public hearing on the subject case by identifying the proposal. The chair shall state that testimony and input will be taken in a prescribed fashion. All persons wishing to speak on the matter before the Commission must first be recognized by the Chairperson. For the record, that person shall state his or her name and address, and group or organization he or she represents, if any. All statements by the speaker shall be addressed to the the Planning Commission. The Chairperson may limit the amount of time allowed to any person or group in order to give all who wish the opportunity to speak. Speakers should keep their statements to the issue at hand and avoid repeating information already presented. The Chairperson may limit input to avoid duplication. Because public hearings are to gather information, there will be no cross-examination of speakers. The presentation and speaking order shall be as follows: Planning Commission - Rules of Procedure Page Page 13 of 3 of 155
1. Staff Planner: Presentation of staff report and other materials and correspondence into the record. 2. Proponent: Presentation and statements by representatives of the proponent / applicant. 3. Members of the Public: Presentations and statements by the public who wish to speak for or against the application. The public testimony portion of the public hearing is then closed. Planning commissioners then deliberate on the application and the testimony received. Members may ask questions of both staff and any other speakers to clarify their understanding of relevant points or to gather additional information; all questions shall be posed through the Chairperson who shall ask the appropriate party for answers. A motion for disposition can then be made. This motion may be to continue the hearing to gather additional information, to recommend approval, approval with conditions, or denial of the proposal. Planning Commission actions shall be transmitted to the City Council in writing and shall include the recommendation, findings of fact if different from the planning staff report, the planning staff report, other correspondence, if any, and a summary of testimony presented to the Planning Commission. Written minutes of all public hearings shall be prepared for the review and approval of the Planning Commission at its next regularly scheduled meeting. VII. VIII. ADMENDMENTS These Rules of Procedure of the Planning Commission of the City of Woodland may be amended at any regular or special meeting of the Planning Commission by a majority vote of the entire membership. PERIODIC REVIEW These Rules of Procedure of the Planning Commission of the City of Woodland are subject to periodic review and should be readopted by the commission annually. DATED THIS day of March January 20178. SIGNED: Chairperson date Vice-Chairperson date Planning Commission - Rules of Procedure Page Page 14 of 4 of 155
Secretary date Member of the Commission date Member of the Commission date Member of the Commission date Planning Commission - Rules of Procedure Page Page 15 of 5 of 155