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2021-01-28 Agenda Packet04"' Spokane ,,;oOValley. Spokane Valley Planning Commission Regular Meeting Agenda City Hall Council Chambers, 10210 E. Sprague Ave. January 28, 2021 6:00 p.m. 1. PLEASE NOTE: Meetings are being held electronically in response to Governor Inslee's March 24, 2020 Proclamation concerning our recent State of Emergency, which waives and suspends the requirement to hold in -person meetings and provides options for the public to attend remotely. 2. Public wishing to make comments will need to email planningaspokanevalley.ora prior to 4:00 pm the day of the meeting in order to be to speak during the comments period during the meeting. Comments can also be emailed. Send an email to planning(2cspokanevalle y�ora and comments will be read into the record or distributed to the Commission members through email. 3. Link to Zoom Meeting information: https:Hspokanevallev.zoom.us/i/93950793161 One tap mobile US: +13462487799„93950793161# or+16699006833„93950793161# Dial by your location US: +1 253 215 8782 US (Tacoma) Meeting ID: 939 5079 3161 4. CALL TO ORDER 5. PLEDGE OF ALLEGIANCE 6. ROLL CALL 7. APPROVAL OF AGENDA 8. APPROVAL OF MINUTES: January 14, 2021 9. COMMISSION REPORTS 10. ADMINISTRATIVE REPORT 11. PUBLIC COMMENT: On any subject which is not on the agenda. 12. COMMISSION BUSINESS: a. Training — Dept of Commerce Planning Short Course sections 13. FOR THE GOOD OF THE ORDER 14. ADJOURNMENT Meeting Minutes Spokane Valley Planning Commission Council Chambers — City Hall January 14, 2021 I. Planning Commission Secretary Deanna Horton called the meeting to order at 6:00 p.m. The meeting was held remotely via ZOOM meeting. II. Commissioners, staff and audience stood for the pledge of allegiance. III. Secretary Horton took roll and the following members and staff were present: Fred Beaulac Erik Lamb, Deputy City Attorney Karl Granrath Jenny Nickerson, Building Official Walt Haneke Lori Barlow, Senior Planner Bob McKinley Karen Kendall, Planner Nancy Miller Marty Palaniuk, Planner Paul Rieckers Connor Lange, Planner Sherri Robinson Deanna Horton, Administrative Assistant Taylor Dillard, Administrative Assistant Marianne Lemons, Office Assistant IV. AGENDA: Commissioner Beaulac moved to approve the January 141h, 2021 meeting agenda as presented. There was no discussion. The vote on the motion was seven in favor, zero against and the motion passed. V. MINUTES: Commissioner McKinley moved to approve the December 10'h, 2020 minutes as presented. There was no discussion. The vote on the motion i-vas seven in favor, zero against and the motion passed. VI. COMMISSION REPORTS: There were no Planning Commission Reports. VII. ADMINISTRATIVE REPORT: Building Official Jenny Nickerson welcomed the new Planning Commission Members, Paul "Eric" Rieckers and Nancy "Pete" Miller. VIII. PUBLIC COMMENT: There was no public comment. IX. COMMISSION BUSINESS: a. Election of Officers: Secretary Horton called for nominations for the office of Chair. Commissioner Beaulac nominated Commissioner McKinley. There were no additional nominations. With a 01-14-2020 Planning Commission Minutes Page 2 of show of hands, the vote for the office of Chair was seven in favor and zero against. Commissioner McKinley will serve as the Chair for 2021. Secretary Horton called for nominations for the office of Vice -Chair. Commissioner Beaulac nominated Commissioner Robinson as the Vice -Chair. There were no additional nominations. With a show of hands, the vote for the office of Vice -chair was seven in favor and zero against. Commissioner Robinson will service as the Vice -Chair for 2021. b. Training: Public Records, Open Public Meetings Act. Deputy City Attorney Erik Lamb gave the annual public records and open public meetings training to attending Planning Commissioners and staff. c. Training: Comprehensive Plan/Development Regulations Senior Planner Chaz Bates gave a brief history of the development of the City's Comprehensive Plan. This included the development of the land use map, zoning areas and the periodic update process. Economic Development Manager Mike Basinger gave a presentation of the City's Economic Development business development and public relations. X. GOOD OF THE ORDER: The Planning Commissioners welcomed the two new members and each of the Commissioners introduced themselves and gave a quick summary of their background. Commissioner Robinson thanked the Commission for the Vice -Chair nomination and appointment. XI. ADJOURNMENT: Commissioner Beaulac moved to adjourn the meeting at 7:49 p.m. There was no discussion. The vote on the motion was seven in favor, zero against, and the motion passed. Bob McKinley, Chair Date signed Deanna Horton, Secretary 2 CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: January 28, 2021 Item: Check all that apply ❑ old business ® information FILE NUMBER: N/A ❑ new business ❑ public hearing ❑ study session ❑ pending legislation AGENDA ITEM TITLE: Planning Commissioner Training - Short Course on Local Planning DESCRIPTION OF PROPOSAL: N/A GOVERNING LEGISLATION: N/A BACKGROUND: The Growth Management Services (GMS), a division of the Washington State Department of Commerce, assists local governments, state agencies, and others to manage growth and development consistent with the Growth Management Act (GMA). GMS provides training and education for elected and appointed officials by conducting Short Courses that provide an overview of land use planning law relative to land use decision making in Washington State, a general review of the roles in planning, and best practices for public participation. In the absence of in person training available at this time, staff has identified several Short Course videos for viewing that will assist our new and returning Planning Commissioners in understanding their role. The following videos will be presented: I . Introduction to the Short Course 2. Washington's Legal Framework for Land Use Planning ). Roles and Responsibilities in Planning 4. Public Participation and Effective Meetings. Staff will present the videos and be available for questions or further discussion after each segment. RECOMMENDED ACTION OR MOTION: No action recommended at this time. STAFF CONTACT: Jenny Nickerson, Building Official ATTACHMENTS: Short Course handout RPCA Short Course on Local Planning Page I of I Welcome ON LOCAL PLANNING The Short Course on Local Planning, always free and open to all, has been presented in Washing- ton communities since 1977. This publication is intended for attendees of the Short Course on Local Planning to use at an in -person short course, or as a guide to follow the on-line video ver- sion posted on the Short Course web page. If you are a planning commissioner, this course was created especially for you. It is also a source of basic information for staff, elected officials and the general public about the land use planning process in Washington State. Table of Contents Legal Basics • Washington's Framework for Land Use 2 • Constitutional Issues in Land Use 6 Comprehensive Planning Basics • Comprehensive Planning Under the GMA 11 • Implementing Your Plan 15 • Updating Your Plan and Regulations 17 Roles in Planning • Roles in the Process 19 • Types of Planning Decisions 20 • Typical Steps in the Legislative Process 22 • Short Form of Procedures for Quasi -Judicial 24 Public Hearings Open Government Laws • Appearance of Fairness Doctrine 25 • Open Public Meetings Act 26 • Public Records Act 27 Tips for Planning Commissions • Public Participation and Effective Meetings 28 • Effective Planning Commissions 29 • Essential Rules of Parliamentary Procedure 30 Between 1990 and 2010, our state's population grew from 4.1 million people to 6.7 million people. It is projected that our population will grow by another 2.4 million people by 2040.* Adding more people may change our communities. By anticipating that change through comprehensive planning, communities can manage the way they grow, and plan for development that fits their local vision and values. Your community's comprehensive plan starts with a vision of a preferred future, which looks ahead at least 20 years. This vision and the plan's goals and policies guide local actions to help your community achieve its desired future. Your plan helps you to: • Protect and enhance the good things about your community, such as neighborhoods, parks, or open spaces. • Identify community needs and how to meet them. • Save money by identifying priorities for public spending, and be prepared for external sources of funding. • Identify and develop achievable strategies for your community's needs, such as affordable housing or more jobs. While local governments by themselves don't create housing or jobs, they can set the stage through planning. • Build a stronger sense of community, grow your local economy, and coordinate with other agencies in the region. • Be better prepared to meet the needs of the future. Each one of us has a stake in our community's future. We all want to live in great places, but they don't happen by accident. They happen because people take the time to ask what's good here, what's missing, and what could be better, and how will we plan for growth that will likely come. Comprehensive planning is how people work together to make great communities. *www.ofm.wa.gov Long before the Growth Management Act was adopted, a variety of constitutional provisions and state laws enabled local planning. The Constitutional Basis for Planning The constitutionality of local governments regulating land use was tested and upheld in a 1926 U.S. Supreme Court decision. In Village of Euclid v. Amber Realty, the court found that government has a legitimate interest in regulating where certain land uses should occur, in what form, and under what process. The court allowed the Village of Euclid to designate specific areas of land for specific uses. This authority is now known as "zoning." The Washington State Constitution (Art.11, Sec. 11) recognizes that state and local governments have authority to make police, sanitary and other regulations so long as they support public health, safety, morals or general welfare and don't conflict with general laws. Planning at the Subdivision Level While some early communities were master planned, many grew organically, or were "planned" at the subdivision level through application of Washington's subdivision statute. This law requires that before subdivisions are approved, appropriate provisions are made for: "The public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, pota- ble water supplies, sanitary wastes, parks and recre- ation, playgrounds, schools and school grounds and all other relevant facts, including sidewalks and other planning features that assure safe walk- ing conditions for students who only walk to and from school". RCW 58.17.110 Every city and county must have local codes that implement this law and must approve subdivisions consistent with this law. 1 2 Early planning statutes created tools to allow land use planning. Washington State adopted laws before 1970 to allow land use planning at the local level. Local governments use one of these laws to authorize local planning. Planning Commission Act (RCW 35.63) allows comprehensive planning by a city or county through a planning commission or planning agency. This was extended to all code cities by RCW 35A.63. Planning Enabling Act (RCW 36.70) is directed at counties and requires a more detailed comprehensive plan. Major Land Use Laws Washington State has three major statutes that overlay the basic planning laws. They provide processes for the planning and management of land and development. These are encoded as Revised Codes of Washington (RCW). Agencies can also develop guidelines to implement state law, adopted as Washington Administrative Codes (WAC). The State Environmental Policy Act (SEPA) is modeled on the National Environmental Policy Act (NEPA) and requires a review of the impacts that a plan, regulation, or development project may have upon the natural and built environment to give decision makers full information about the potential consequences of their decision. SEPA applies to every comprehensive plan amendment, most amendments of municipal land use regulations, and nearly every development project. Every proposal or project subject to SEPA must document anticipated environmental impacts. This is done by using environmental checklists, threshold determinations and specific, scientific analyses. For large or complex projects, an "environmental impact statement" is often required. (RCW 43.21 and WAC 197-11). On-line SEPA Handbook, Department of Ecology The Shorelines Management Act (SMA) arose out of a citizen initiative and is intended to protect the ecological functions of shorelines of the state, plan for water -dependent uses, and for public access. Shorelines of the state include marine shorelines, rivers, large lakes, and associated wetlands and flood zones. The SMA requires local governments with these shorelines to adopt a Shoreline Master Program (SMP), which identifies regulated shorelines and shorelands within their jurisdiction, permitted uses, and policies guiding those uses. The Department of Ecology must approve all SMPs and ensure that they are consistent with state policies and guidelines. (Chapter 90.58 RCW, 1971, and WAC 173 -26, Part III) www.ecy.wo.gov/programs/sea/shorelines/ smp The Growth Management Act (GMA) requires cities and counties to develop comprehensive plans containing specific information and analysis, with twin goals of focusing urban growth and protecting rural and resource lands from sprawl. The GMA requires coordinated regional and local planning, and spells out the elements that must be included in comprehensive plans. All development in counties and cities that plan under the GMA must be regulated by rules that are consistent with and implement the comprehensive plan. (Chapter 36.70A RCW, 1990, and WAC 365-196) Some Federal laws that Influence Local Land Use Planning Federal lands, including Federal Indian Reservations, military reservations, national parks, forests, monuments and wildlife refuges make up 51 percent of Washington's land area. Tribal Interests may intersect with local land use planning. There are 29 federally recognized tribal gov- ernments within Washington, and 25 Indian reservations, comprising more than eight percent of Washington's land base. Tribes are recognized as distinct, independent, po- litical communities, wholly responsible for planning and permitting on reservation lands. Tribes also participate in "government to government" consultation on a variety of issues like transportation, land use, gaming, hunting and fishing. 3 4 As authorized by the Clean Water Act, the National Pollutant Discharge Elimination System (NPDES) Permit Program controls water pollution by regu- lating pollutant discharge from point sources such as pipes or manmade ditches into waters of the United States. The Washington State Department of Ecology's Water Quality Program is delegated responsibility by the U.S. EPA for implementing all federal and state water pollution control laws and regulations. A wastewater dis- charge permit is required for disposal of waste material into "waters of the state," which include rivers, lakes, streams, and all underground waters and aquifers. Permits stipulate specific limits and conditions of al- lowable discharge, and may require certain activities. The Endangered Species Act (ESA) was passed by congress in 1973 to protect and recover imperiled spe- cies and the ecosystems upon which they depend. Un- der the ESA, species may be listed as either endan- gered (in danger of extinction throughout all or a signifi- cant portion of its range), or threatened (likely to be- come endangered within the foreseeable future). The Act is administered by the U.S. Fish and Wildlife Service (terrestrial and freshwater organisms) and the Com- merce Department's National Marine Fisheries Service (marine wildlife such as whales and anadromous fish such as salmon). The law's ultimate goal is to "recover" species so they no longer need protection under the ESA. Cities and counties play a role in designating fish and wildlife habitat conservation areas and reviewing development proposals to consider threatened or endangered species. www.fws.gov/endangered/laws-policies/ and www.nmfs.nooa.gov/pr/laws/esa/. There are many other state and federal laws that may impact aspects of local planning, and thousands of state and federal court decisions interpreting and applying statutory planning rules. For Further Study: A Short Course on Local Planning Resource Guide www. ecy. wo. gov/programs/wq/wghome. html Community planning must balance many issues while creating a plan for managing growth. Constitutional rights and responsibilities must be respected. If you find yourselves with questions in these areas, ask your city or county legal counsel. Due process Procedural due process means that before government makes changes that significantly affect individual or property rights, citizens receive notice that a change is being considered, and they have the opportunity to comment. Procedural due process is most important as a part of permitting actions, it also applies to meetings. If an action would change the property rights of a property owner, legal notice and an opportunity to be heard are required. Failure to give proper notice of a meeting could invalidate any action taken at the meeting. Substantive due process means the right to be subject to rules that are reasonable in aim and scope and that are appropriate for municipal regulation. This means that any regulation should answer the following questions: 1. Is the regulation for a legitimate public purpose such as protecting public health, public safety or water quality? Does it address issues that are the domain of local government? 2. Is the regulation appropriate to accomplish the purpose? For example, if the goal is to protect water quality, is a requirement to build a house 75 or 100 feet away from a wetland an appropriate way to meet the goal? 3. Is the regulation reasonable? Continuing the example, is the size of the setback appropriate to protect water quality, and based on the characteris- tics of the lot, can the property owner reasonably use his or her land? In cases where regulations may appear to conflict with the constitution, regulations should include an "out" (variance) for situations where otherwise constitutional regulations apply to a specific applicant in an unconstitutional way. 5 6 4. Is the regulation clear and easy to apply? A proposed regulation must be clearly understood and fairly applied. Design guidelines can be particularly troublesome if they use subjective standards and words such as "harmonious," or "in good relationship with the surroundings," which are difficult to enforce. Using pictures of acceptable building forms or window treatments can help to provide more clarity. A vague regulation can be invalidated if appealed to court. Takings Both the U.S. Constitution (Sth Amendment), and the Washington Constitution (Art. I, § 16) state that no private property shall be taken (or damaged) for public or private use without just compensation having been made first. Where local governments have authority over the use of private property, they must be sensitive to the constitutional limits on their authority. Takings claims arise in three circumstances: 1. Physical occupation or damage: Property has been physically invaded or appropriated through condemnation or an occupation that has a significant impact on the value of the property. Examples may include occupation for a storm water facility or a trail connection. This normally requires compensation, unless it can be shown as a need directly related to the particular project. 2. Regulatory takings: Land use regulations may deprive an owner of reasonable use of his or her property, such as the right to buy and sell property, or the right to exclude others. Courts generally uphold regulations that protect public health and safety, or environmental concerns, even when these regulations substantially reduce property value. Zoning or other changes to a general regulation, which decrease or change the development potential of a property to meet the needs of the larger community is not considered a taking. However, if a regulation deprives the owner of "all economically viable use of a property" or "investor -backed expectations" (even if temporarily) the owner may be entitled to just compensation. For this reason, regulations should generally have some exceptions to allow reasonable use of property. 3. Exactions as a condition of development: In order to impose conditions on land development, a local government must do the following: • Show a nexus, or identify a problem the condition is designed to address. Nexus means that the condition imposed must relate to and help solve the problem created by the development. For example, if ocean views are protected by the comprehensive plan or regulations, and a proposed office building would cut off that view, the mitigation condition must address the loss of view. Thus, a condition requiring a bigger side yard setback would have nexus because it allows more view, whereas a condition to build frontage improvements would not. • Show that the proposed development will create or contribute to the problem. • Show that the condition will solve or alleviate the problem. • Show that the proposed condition is "roughly proportional" to the problem created or contributed by the proposed development. For example, if a subdivision would add ten new daily car trips to the adjoining street, a mitigation condition cannot require the developer to build a five -lane freeway. To avoid takings claims pay attention to these warning signals: • Does the regulation or action result in a permanent or temporary physical occupation of property? • Does the regulation or action deprive the owner of all economically viable uses of the property? • Does the regulation or action deny or substantially diminish a fundamental attribute of property ownership? • Does the regulatory action have a severe impact on the landowners economic interest? 7 8 Other constitutional protections The constitution allows some rights and freedoms that may be in friction with a community desire to regulate activities. The Equal Protection Clause (EP) is part of the 14th amendment to the US constitution. The 1868 clause provides that no state shall deny to any person equal protection of the laws. In the planning context, this typically arises in enforcement actions. In this case, cities and counties cannot be selective in choosing against whom or when to enforce regulations. Religious freedoms allow individuals to practice their religion. Local government laws may be applied. Synagogues, temples, or churches may be required to comply with parking and building codes, or hours of operation, for example, but the regulation must not interfere with the right to practice religion. Freedom of expression allows individuals to express themselves in their own way. Regulations may address aspects of expressive media such as signs or adult entertainment establishments, but must not interfere with the right to freedom of expression. "64.40 Damages" for Permit Processing allow owners of a property who filed an application for a permit to file an "action for damages" to obtain relief from acts of an agency which are arbitrary, capricious, unlawful, or exceed lawful authority, or knowingly cause unlawful delay. (RCW 64.40) Vesting Washington state's vesting rules generally entitle a property owner to use property according to the rules and regulations in place at the time a complete application for a building permit or a subdivision is submitted. The purpose of these rules is to "vest" developers with the right to proceed with their project even if, before it is finally approved, the regulations affecting the project change. Washington's vesting rules are unusual among the states. Moratoria A moratorium is a swift government pause on development until a particular issue has been studied and addressed. Cities and counties can authorize a moratorium on accepting development applications for six months at a time. Examples include a proposed change in zoning or when a community faces a utility - related shortage. A moratorium cannot be used as a long term land use tool. (RCW 35.63.200, RCW 35A.63.220, RCW 36.70A.390) For Further Study A Short Course on Local Planning Resource Guide, Chapter 4 Constitutional Rights and Responsibilities in Planning Advisory Memorandum: Avoiding Unconstitutional Takings of Private Property Bob Ferguson, Attorney General (2015) www.atg.wa.gov/avoiding- unconstitutional-takings-private-property www. mrsc. org/subjects/legal/takings. aspx 9 10 The Growth Management Act (GMA) was adopted in 1990 as a response to concerns about unprecedented and largely uncontrolled growth in the 1970s and 80s, and the risks uncontrolled growth posed to our environment and quality of life. The GMA has 14 goals These goals guide preparation of comprehensive plans . • Encourage compact urban growth • Reduce sprawl • Coordinated, multimodal transportation • Affordable housing • Economic development • Protect property rights • Predictable permitting • Maintain natural resource industries • Retain open space, enhance recreation • Protect the environment • Encourage citizen participation • Plan public facilities and services • Encourage historic preservation • Manage shoreline development The GMA has some basic requirements: All counties must designate and conserve resource lands of long-term commercial significance. Conservation of resource lands protects forestry, agricultural and mineral extraction industries. "Designate" means identifying resource land not characterized by urban growth. Agricultural lands are carefully assessed for long-term commercial significance. (RCW 36.70A.170) All counties and cities must designate and protect environmentally critical areas These include wetlands, fish and wildlife habitat conservation areas, critical aquifer recharge areas, frequently flooded areas and geologically hazardous areas. Local governments must use the best available science and adopt regulations to protect functions and values of critical areas. (RCW 36.70A.172, WAC 365-195-900 to 925) 11 Faster growing counties must do more In addition to the basic requirements above, faster growing counties, and the cities within them, must "fully plan" under the GMA, meaning they must agree on countywide planning policies, identify urban growth areas, and develop detailed comprehensive plans. Growth Management Act Mandate to Plan San Juan Whatcom Skagit - ,st" Clatlam snotolnis, J. farson xksap Kng Macon Grays HarborTW"on Pearce Pacific Lewis Wahkiakun CovA*Z 4-- GMA Required to Plan: Clark RCW 36.70A.080 Fully Planning Critical Areas and Resource Lands Okanogan Perm Orealle Fairy Stevens Chgan Douglas Lincoln Spokana Kinias Gnarl Adarrs Whitman Franklin yakkna Garfield Benton VhJk �Coal_rmbra Asotin Klickiat Department of Commerce msrcrs CCT rod t Countywide planning policies (CPPs) shape regional policy Developed by a county and all the cities with, these poli- cies help to ensure that plans within a county are con- sistent with one another and that they work together to manage growth. CPPs may include: • A mechanism for the county to designate urban growth areas. Some counties have chosen to assign future annexation areas to adjacent cities. • A means to allocate population targets to each city for incorporation into each city's comprehensive plan. Some counties have chosen to also allocate employment targets. • Policies that address siting of public facilities of a countywide or statewide nature such as wastewater treatment facilities, highways, prisons or airports. • Policies to address the need for affordable housing. • Other regional issues such as economic development. In the Puget Sound Region, Snohomish, King, Kitsap, and Pierce counties are required to develop multi -county planning policies to guide development in a coordinated way. 12 Comprehensive plan elements The GMA (RCW 36.70A.070) and WAC 365-196 provide specific direction on the elements that must be included in a comprehensive plan, and the contents of those elements. In general, each element must include an inventory of existing conditions , future needs, and policies to guide implementation. • The Land Use Element includes a land use map showing where and at what density future growth will be accommodated. It must include policies for protec- tion of the quality and quantity of groundwater, storm water run-off, and guidance for corrective actions to mitigate pollution of waters of the state, including Puget Sound, and consider strategies for physical ac- tivity. • The Transportation Element must inventory existing Optional elements A jurisdiction may include other optional elements in the plan to meet unique local needs or preferences. The comprehensive plan must be internally consistent. Each element is based on the same future land use plan map and population projection. The plan must be consistent with the countywide planning policies and must also be coordinated with plans of adjacent cities and counties. Each jurisdiction's development regulations, planning activities and capital budget decisions must be consistent with and implement the plan. RCW 36.70A,WAC 365-196 transportation networks and identify needed improvements, and those that will arise with future State laws change growth. This element must address transit, if applica- The Growth Management Act is constantly changing. Be ble, and include a bicycle and pedestrian component. sure to review the Statute and latest guidance from • The Housing Element must inventory existing housing Commerce on the planning requirements. supply, and describe how well it meets current needs as well as those for future populations. This element should match future housing types and sizes with the economic means of current and future households. • The Utilities Element must consider the infrastruc- ture needed to provide electricity, natural gas, and telecommunications, whether provided by the local jurisdiction or by other providers. • The Capital Facilities Element must include an inventory of capital infrastructure such as parks or water and wastewater systems to understand current needs and future demands with growth. This element estimates the costs of providing those facilities over the life of the plan with detailed financing information for the next six years. If a local government cannot pay for identified facilities it must re-evaluate the plan until the needs and the ability to pay are in balance. • A fully planning county must adopt a Rural Element, which defines rural land use patterns and policies to protect rural character. 13 14 The GMA requires local government actions to not simply be "consistent" with the plan but to implement it. There are three main ways to im- plement a comprehensive plan; regulations, spending priorities and other tools. Your jurisdiction has choices Your jurisdiction has broad flexibility and choices in developing and implementing your comprehensive plan. It is up to you to determine the regulations, spending priorities and other tools that are the right fit, and apply them carefully to help your community grow towards the vision. Zoning and other development regulations shape the community Development regulations are adopted into municipal codes. They are the rules for what kinds of development are allowed, what it will look like, and how development applications will be processed. These regulations provide predictability regarding future development. Local codes typically include the following components: • Zoning codes implement the land use map, and provide standards on building height and set backs, and lot coverage. • A subdivision code sets out the requirements and procedures for processing subdivision applications. Street and utility standards specify the construction details of streets and other public facilities. • Critical areas regulations guide development away from places that are inappropriate for development. They protect people and property from hazards such as flooded areas and geologically hazardous areas, and protect environmentally sensitive areas such as coastal areas, wetlands or wildlife habitat from the impacts of development. • Concurrency programs ensure that public facilities such as roads, water and sewer are provided to serve development. • Other regulations may implement specific comprehensive plan goals such as design guidelines, landscaping requirements or tree protection. Capital facility elements set priorities for infrastructure investments Within the needs set out in a Capital Facilities element, a jurisdiction may choose to invest in a certain area to address a social issue, or encourage certain types of development. It can choose to make specific types of infrastructure investments such as transportation or park facilities to implement the community vision. Other methods to implement comprehensive plan goals Cities and counties can choose to use a variety of other tools to achieve local goals. • Interlocal agreements between counties and cities may authorize sharing of local authority to permit development or to share revenue in potential annexation areas. • A detailed land use plan called a "planned action" for a specific sub -area such as a downtown or redevelopment area can reduce uncertainty for a developer, and encourage the types of development envisioned in the plan. • A transfer of development rights or TDR program can be used to buy the potential to develop land from sensitive environmental lands or important resource lands and transfer the development potential into an urban area. • Multi -family tax exemptions can encourage development of multifamily residential units in targeted areas. • Impact fees can help to pay for the added impacts of growth to the transportation, parks, or schools systems, or the fire department. For Further Study For specific topics, visit www.mrsc.org 15 16 The comprehensive plan is intended to be a long-range document that guides decisions over the long term. The plan can be updated only once a year so that changes are considered concurrently. Plans need updating, to stay current Every eight years, the Growth Management Act requires every local government to take a fresh look 20 years into the future, and make appropriate updates to the comprehensive plan and development regulations. Why update your plan? The periodic update will help you to do the following: • Respond to shifts in demographics, changes in state law, or new countywide planning policies • Evaluate progress toward accomplishment of short-term goals in the existing plan • Review long-term financial projections and agree on priorities to renew or expand infrastructure • Plan for potential or newly annexed areas Big picture, longer term issues In addition to updating the required components of your comprehensive plan, your community may want to consider new or emerging issues . • Changing demographics, like immigration and aging • New forms of development and changing lifestyle preferences • Impacts of climate change, such as sea -level rise, drought, or severe storms • Rapidly changing technologies, such as on-line shopping and electric vehicles • Local food production, physical activity, and sustainability concerns such as local power production. Update Schedule The GMA includes a schedule which requires all counties and cites to update their comprehensive plan and regulations between 2015 and 2018, and every eight years thereafter. GMA Update Schedule: RCW 36.70A.130(S) Okanogan I km, Alm . Snohomish Chelan Douglas sp kan On Uocaln GraK �"hOf Kittitas crane on Pierce Adams Whitman Pxif. Lewis Fraoklin le9eW Wahldaktan Yakima 1 II Benton 1Wtin l:orila WaW WaU Update Ymr ItNoia 2015 Klickitat ® 201 Department of Commerce 2017 2019 GMSJGIS- lulp 2011 Example steps to update your plan • Let your community know the plan is being updated, and when and how they should participate. • Review what exists now within your community, and look ahead to what will be needed in 20 years. • Develop a list of items to be updated in the plan. Work through the comprehensive plan amendments and ensure there are lots of opportunities for the community to participate in the process. • Provide notice to the state 60 days before you intend to adopt so the plan can be reviewed for consistency with the GMA, and with state and regional plans. Unlike other states, Washington State does not ap- prove local plans, they are presumed valid upon adoption. • Update regulations to address changes in state law or to implement comprehensive plan policies. • Adopt your comprehensive plan and regulation update before the statutory deadline; clearly stating in the adopting ordinance that the periodic update is complete. For Further Study: Keeping your comprehensive Plan and Development Regulations Current (Commerce, 2016) 17 www.mrsc.org 18 There are many groups and agencies that contribute to the process of land use planning and the development of the community. This collective experience and knowledge will help your community make wise and time -tested decisions. That represent the broad interest. Elected officials are the legislative body of a city or county. They review policy recommendations from planning commissions regarding plans and development regulations, but only they have the authority to adopt plans and regulations. Elected officials also make decisions about how to fund capital facilities, and where to focus staff effort. Planning commissioners are appointed by the elected body to represent broad interests of the community. They serve as a sounding board for new ideas, promote community interest in planning, and provide leadership in citizen participation programs. Planning commissioners make recommendations to elected officials. Staff or consultants manage the planning process. They: • Research and present information in staff reports, prepare draft plans, policies, and ordinances • Handle required public notice of meetings, actions, and keep the record of the process • Process administrative permitting applications, and enforce municipal code Most local governments hire Hearings Examiners to hear quasi-judicial development proposals and appeals of administrative land use decisions. Other advisory groups such as a Parks Board, or Utility Commission, may be appointed to provide broad perspective on plans and regulations. Regional agencies or special districts such as school, sewer or water districts, which need to coordinate on land use and capital facility planning issues, may also participate in local planning. The Public includes a diverse collection of individuals, or groups such as the Chamber of Commerce, environmental groups, private utilities, or neighborhood groups. 19 Clarity in the rules of planning processes helps to support strong local decisions. Understand the types of local government actions and the various roles in the plan- ning process. Depending on whether your planning commission is recommending land use policies or deciding on specific development proposals, different rules can apply. Legislative decisions make the rules. These include amendments to the comprehensive plan, to development regulations, or to area -wide zoning. Recommendations on these changes are made by the planning commission, but are adopted by elected officials. Public process and citizen participation are required. Decisions may be appealed to the Growth Management Hearings Boards within 60 days of publication of notice of the decision. Administrative and quasi-judicial decisions apply the rules. 1. Administration decisions: Staff are authorized to permit or deny proposals based on how a proposal meets established zoning and development standards. Examples include building permits or short plats. 2. Quasi -Judicial decisions: A planning commission or hearing examiner acts in a judge -like capacity, weighing evidence and adopting findings and conclusions. In these cases, the Appearance of Fairness Doctrine applies, and all communications on the proposal must be disclosed. Examples of quasi-judicial actions are subdivisions, condi- tional use permits or variances. 20 The Local Project Review Act revised the way permits are to be processed in Washington State. Strict time limits are imposed for processing permit applications. For any quasi-judicial action requiring a public hearing, only one public hearing is allowed. (Chapter 36.70E RCW, adopted in 1995) Appeal processes for administrative and quasi-judicial ac- tions are established locally and generally have a strict time limit. Appeals may be taken to a different local deci- sion body, such as a city council, a hearings examiner, or to Superior Court under the Land Use Petition Act (RCW 36.70C). Appeals to Superior Court must be filed within 21 days of the decision. The Growth Management Hearings Boards Although the GMA permits direct review by the courts, the Legislature established the Growth Management Hearings Board and authorized that this Board will "hear and determine" allegations that a city, county, or state agency has not complied with the goals and requirements of the GMA, and related provisions of the Shoreline Management Act (SMA) RCW 90.58, and the State Environmental Policy Act (SEPA) (RCW 43.21C). In order to recognize regional differences, the Legislature created three Growth Management regions with Board members appointed from Central Puget Sound, Eastern and Western Washington. (RCW 36.70A.250-302) www.gmhb.wa.gov/default.aspx The Boards provide a less costly and expedited review of county and city comprehensive plans and development regulations. Appeals to the Hearings Boards must be made within 60 days of the adoption of a plan or regulation. The Board's decisions must be made 180 days after a petition is filed with the Board. If a city or county is found out of compliance with the Growth Management Act, they may not be eligible for certain state grants and loans. For Further Study • A Growth Strategy for Washington State: Final Report www.sos. wo.gov/legacyproject/pdf/OH852. pdf Amendments Proposed: Changes to policies, regulations, or land use are proposed by officials or stakeholders, and the planning commission is required to review the change and make a recommendation to elected officials. Professional Review: Staff or consultants provide a staff report reviewing proposed changes against established criteria, and may make recommendations based on their analysis. The staff report should include: • A concise explanation of the proposal. • A review of applicable criteria and comprehensive plan goals and policies, regulations, state law, and constitutional limitations. • An analysis of the facts relevant to the decision. Public Review: The public is invited to provide comments on the proposed amendments. As a planning commissioner, you should prepare to hear public comment. • Educate yourself in the details of the items at issue so you can understand public concerns. • When necessary, set time limits for speakers, or organize testimony, so everyone has a chance to participate. When listening to testimony, it is important for you to listen and be mindful of the relevant criteria or considerations that affect the issue in front of you. At a public hearing: • Listen and be patient. Understand which groups are providing comment and who is not represented. • Watch your body language, and don't take things personally. 21 22 Recommendations Your recommendations must be based on the criteria affecting the decision, and not just on how many people argue for a certain choice. Elected officials ultimately make the final decision and rely on the rationale for the recommendation. Your recommendations should reflect com- munity values, consider professional advice, and should be the result of thoughtful deliberation. The record should include: • The application and supporting documentation, in- cluding the SEPA determination. • Staff report, including references to decision criteria and local policies you used to make the decision. • Minutes or a verbatim record of any hearing, and any exhibits offered during the hearing. • Findings supporting the reasons for approval or disapproval of the proposal. Steps for quasi-judicial processes Your planning commission may be involved in quasi- judicial processes. A quasi-judicial process is different than a legislative process because: • The proposal is site specific. • Commission members must not discuss the project outside of the hearing, and must disclose any prior information or ex-parte contact about the proposal under the Appearance of Fairness doctrine. • State law requires review and decision within time lines identified within the local code. 1. Chairman declares the public hearing is open. 2. Chairman states that everyone present will be given an opportunity to be heard; however, the commis- sion or council does have a policy of closing meetings at 10:00 p.m. (or your own closing time). State that the hearing is being recorded and that prior to speak- ing, individuals should state their names and address- es. 3. Appearance of Fairness. a. Chairman requests anyone who objects to the Chairman's participation, or any other commission or council member's participation, to please state so. b. Chairman asks the commission or council members if any have interest in the property or issue. Chairman asks commission or council members if they can hear and consider this matter in a fair and objective manner. c. Chairman requests member of the commission or council to place on record the substance of any communication each has had outside of the hearing with opponents or proponents on the issue to be heard. After the communication is placed on the record, the Chairman should request whether any interested parties wish to rebut the substance of the communication. 4. Chairman requests staff to make their presentation. 5. Applicants invited to comment. 6. Chairman invites comments from citizens in favor of the proposal. 7. Chairman invites comments from citizen against the proposal. 8. Chairman invites applicants to rebut the opposition. 9. Additional comments from those against and those for the proposal should be recognized, if needed. 10. Chairman requests whether the commission or council members have questions of the applicant, citizen, or staff. 11. Chairman declares the public hearing closed. 12. Commission or council deliberates on the record, discussing Findings of Fact and Conclusions. 23 24 When boards, commissions, or councils are required to hold hearings, they must not only be fair, they must also be free from even the appearance of unfairness. This doctrine applies only to quasi-judicial actions of local decision -making bodies. These are actions that determine the legal rights, duties, or privileges of specific parties in a hearing such as development permit applications, site - specific rezones, plats, subdivisions, variances, special use permits, or conditional use permits. This doctrine does not apply to legislative actions such as comprehensive plan amendments, or area -wide rezones. The basic standard is that if a person has an interest of any kind in an issue or takes evidence improperly outside of a hearing, the proceeding can be invalidated. These issues can arise in the following instances: • You have a business, social or familial connection to a matter in front of the board. • Someone approaches you outside of a hearing with information supporting or opposing a pending matter. This is called ex-parte communications and is not allowed outside of hearings. Tell the person you could be disqualified from participating in the hearing. Appearance of fairness concerns can be avoided by the following procedures: • Poll the board at the start of each hearing to see if anyone has information related to appearance of fairness. • Ask the audience if anyone wishes to voice an objection to your participation. • If there are objections, you should recuse yourself from participation and leave the room. For Further Study . A Short Course on Local Planning Resource Guide, Ch. 2 The Appearance of Fairness Doctrine in Washington State www.mrsc.org/subjects//ega//0ofpoge.aspx The process of land use decision -making should be transparent and open to the public. Training on Open Public Meetings is required for members of governing bodies, such as planning commissioners. Open Public Meetings Act (OPMA) A meeting is defined as any regular scheduled meeting or special meeting of a body such as a council or a planning commission in which a majority of the body is present and discusses the business of the body. OPMA applies to councils, commissions or boards when they hold hearings, take public comment, deliberate or discuss, review or evaluate, or make decisions. The OPMA requires that: • All meetings must be advertised as to the place, the time and the agenda. Extra, special or moved meetings require special notice. • All meetings must be open to the public. • All discussion about governmental business must take place within the context of the meeting. Group emails, or a series of small meetings adding up to a quorum may be considered meetings and are subject to the OPMA. Exceptions exist for discussion of sensitive topics such as litigation, real estate or contracts, but decisions must be made in a public meeting. Failure to comply with the OPMA may result in fines, invalidated actions, delayed process, and loss of the public trust. OPMA Tips • One-way emails are okay for distribution of information, it is best if these are from staff. • Do not "reply all" to emails. • Commissions may travel or gather together, but be aware that business must not be discussed. Knowing the Territory: Basic Legal Guidelines for For Further Study Washington City, County and Special Purpose www.mrsc.org/subjects/legal/0pma.aspx 25 District Officials. MRSC, October 2013. 26 Public records training is required for elected officials and local public records officials. A public record is any state or local record relating to the conduct of government or the performance of a governmental function, and which is prepared, owned used or retained (POUR) by any city, county, or district. Public records may include letters, documents, maps, sound recordings, or emails. The public is entitled to access applicable public records. This also applies to any government business conducted on personal elec- tronic devices. PRA Tips • It is best to use a separate e-mail address for agency -related email. • An email address is ideally provided by the jurisdiction to assure that records can be properly recorded. • If you don' t want to see it on the front page of the paper, don't write it in an email. For Further Study Public Records Act for Washington Cities, Counties and Special Purpose Districts www.mrsc.org/subjects/ legal/prd/prd. aspx Local government Records Retention Schedules https.11www.sos. wa.gov/archives/ Public involvement is an essential foundation of planning. When the public is engaged in the planning process, community decisions better reflect the shared values of the community as a whole. A good process helps contentious issues be understood, discussed, and hopefully, resolved through the planning process. Public involvement ideas When there is no specific proposal, it may be difficult to get public input on general matters such as a legislative recommendation for change. Examples of outreach that may attract public participation include: • Use of traditional media such as placing legal or display ads, and developing relationships with the local radio or print media. • Public open houses, workshops, or meetings • Use of social media such as websites, Facebook, building email lists obtained from your own lists, the Chamber of Commerce, home -owner associations, faith -based and civic organizations, or other groups. • Visit Chamber of Commerce meetings, Kiwanis, Rotary, or other community meetings. • Place information booths at community events. • Insert a flyer in utility bills or city newsletters. If you are member of the public Remember: • Planning processes take time, and you are an important part of the process. • Stay informed and find out the opportunities and timing for pubic input. If possible, attend meetings that relate to the subject you are interested in. • Be concise and respectful when testifying. Signing a petition does not replace participating in other ways. • Fundamental choices are made at the time of planning, not permitting. 27 28 Effective Planning Commissions Well -run meetings can improve public participation, and can help your community make wise decisions. Here are some tips and tools for effective meetings: • Ensure a quorum will be present (a majority, more than half, of the voting members holding office). • Adopt bylaws, establish procedures, or use ground rules to provide basic structure for your meetings. Make an annual work plan. • Elect a chair, and help the chair run a produc- tive, effective meeting. Robert's Rules of Order are helpful, but not essential. • The chair should make everyone feel welcome, and should work from a timed agenda, beginning and ending the meeting on time. • The chair should ensure everyone is heard, and no one dominates. Everyone should have an open mind, and treat all parties with due respect. At a hearing, members should address applicants, citizens, and staff by last name. First names suggest familiarity • Members should read the meeting packet ahead of time and come prepared to participate fully in the meeting. • The group should use staff resources well, by asking staff to research issues, invite guests, manage process, and ensure regular communication between council and planning commission. Each member of a deliberative body brings his or her own perspective, experience, and opinions to the table — but remember that you are apart of a team. 29 Congratulations! You have completed the Basic Short Course on Local Planning. To learn more on these topics, read the Short Course on Local Planning Resource Manual and the other resources listed in each section of this booklet. When available, attend a short course in person where you can get more depth on these topics, ask questions of presenters, and experience an exchange of ideas. Learn More About Planning With this foundation in the Short Course content and the basic structure for land use planning, you might want to learn more detail about specific planning topics. Attend Special Short Courses on special topics, or planning conferences from our partner planning associations. Dive into the wealth of planning resources available on the Web. Thank you again for your engagement in local planning and investing your time in your community's future. Date of Training: Location: Notes: Need Help? AnneFritzel@commerce.wa.gov Growth Management Services 360.725.3064 Disclaimer This document is intended to provide a brief overview of the topics included in the Short Course on Local Planning and is not intended as legal advice. If questions related to this material arise in your community, consult your city or county's legal counsel. Acknowledgements This publication is a product of the Department of Commerce in association with the partners listed below. We thank all the sponsors, speakers, and advisors of the short course. Commerce partners with two state plan- ning associations to support planning education in Washing- ton. The Planning Association of Washington (PAW) is a grassroots educational organization serving the needs of planning commissioners and many other land use plan- ning stakeholders. PAW created the Short Course on Local Planning in 1977, and continues to be a key part- ner with Commerce in sponsoring Short Courses in Washington communities. www.planningpaw.org The Washington Chapter of the American Planning As- sociation (APA-Washington) is a local chapter of the National APA, which certifies professional planners. APA-Washington members are frequent speakers at Short Courses, and greatly supported the development of this publication. www.washington-apa.org/ Commerce also partners with city and county risk pools, who have a strong interest in ensuring their members have the training they require to avoid risk. Look for addi- tional training opportunities at: The Washington Cities Insurance Authority www. wciapool. org/ The Association of Washington Cities Risk Management Service Agency, https://wacities.org/serviceslrisk- m anagemen t-service-agency. The Municipal Research and Services Center (MRSC) is a private, non-profit organization based in Seattle, Washington. The MRSC is a valuable source of information for local governments. www.mrsc.org Association of Washington Cities is a private, nonprofit, nonpartisan corporation that represents Washington's cities and towns before the state legislature, the state executive branch, and with regulatory agencies. A wide array of programs and services are offered to AWC members. https://wacities.org/ Planners Web News & Information for Citizen Planners Plannersweb. com Photo credits: Anne Fritzel and City of DuPont. PAWPlanning Association of Washington VIA on Washington Chapter WA L'� - Insurance Authority .I, "I ASSOCIATION OF WASHINGTON Ci i i E S R I S K MANAGEMENT SERVICE AGENCY %J Department of Commerce 1011 Plum Street SE, Olympia WA, 98504-2525 www.commerce.wa.gov/serving-communities/ growth -management/ Updated April 2018