15 Draft Revised Interim Planning Commission Rules and Procedures — original pdf

Backup

1 Interim Planning Commission Rules and Procedures Note: These are based on current rules and practices. Where conflicting rules exist, current practice is noted. Any change with no clear guideline or precedent is highlighted in yellow. Procedure for Amending Rules After Initial Adoption These rules may be amended through unanimous consent or with support from two- thirds of the body, once a motion has been made and seconded. For unanimous consent, the Chair may ask if there is any objection to the proposed action, and if there is none, announce the result. Speaker Registration As listed on the Planning Commission agenda, whether for in-person or via teleconference. Speaker Time Allocation for Discussion and Action Items Applicable to zoning cases, neighborhood plan amendments, land development code amendments, comprehensive plan amendments, and all other action items that are not on the consent agenda or being considered for postponement. 5 minutes each, up to 8 minutes total with donated time* Primary speaker in favor and primary speaker opposed (primary speaker is selected by parties in favor and opposition or is the first person to sign up. There can only be one primary speaker. 3 speakers in favor and 3 speakers opposed (in order of sign-up. This can be changed by the interested parties with consultation from the persons who signed up in the order) All other speakers in favor or opposed 3 minutes each, up to 6 minutes total with donated time* 1 minute each, up to 2 minutes total with donated time* Applicant rebuttal (speaker designated by applicant) 3 minutes, with no donated time *Speaker donation of time is an available option for in-person participants. Both the registered speaker donating time and the speaker recipient must be present when the public hearing is conducted. The amount of donated time is dependent upon where in the list the secondary speaker falls (e.g., 3 minutes or 1 minute). 2 Speaker Time Allocation for Discussion Postponements Testimony regarding a discussion postponement consists of applicant and public comment on the postponement alone and should not delve into the merits of the case. The granting of a postponement must be approved by affirmative vote of the Commission. All speakers in favor or opposed (those in favor of postponement speak first) 3 minutes* Applicant rebuttal (speaker designated by applicant) 3 minutes* *Donation of time is not an option for discussion postponement. Speaker Time Allocation for Consent Agenda Items Applicable to all public hearing items on the consent agenda. If four or more speakers sign-up for consent and are present, whether in-person or via teleconference, at the time of the reading of the consent agenda, the item will be considered as a discussion item. All Planning Commission members will have the ability to pull an item off the consent agenda at any time before adoption of the consent agenda. If the speakers are not present, the Chair may place the item on the consent agenda with feedback from staff and affirmation by commissioners. All speakers in favor or opposed 3 minutes* *Donation of time is not an option for consent items. Backup Posting Preliminary backup documents for neighborhood plan amendments, rezonings, historic zonings, PUD amendments, conditional use permits, site plan approvals, restrictive covenant amendments, variances, and appeals considered at Planning Commission meetings shall be in writing and shall be sent to all members at least two days in advance of the meetings and shall include the size and location of properties, the staff recommendations, case manager comments, area case histories, information about the environment, maps, and letters in support or opposition for each case included on the agenda. As appropriate, this information may be included in the “Staff Report”, “Neighborhood Plan Amendment Review Sheet”, or the “Zoning Change Review Sheet” whichever is more readily available.” Order of Meeting* 3 ● Determination of quorum / meeting called to order ● Roll call ● Chair announcements ● Public communication: general (3 minutes per speaker, with no donation of time) ● Reading of proposed consent agenda ● Vote and disposal of consent agenda, including minutes** ● Determination of discussion postponement items ● Discussion cases (Including public comment, staff, and applicant/representative presentations ● Other business ● Adjournment *An item except for call to order, general public communication, and adjournment may be taken out of its proper order through unanimous consent or with support from two- thirds of the body. For unanimous consent, the Chair may ask if there is any objection to the proposed action, and if there is none, announce the result. **The consent agenda may be acted upon by one vote without separate discussion. Order and Procedure for Consent Agenda* ● Reading of proposed consent agenda ● Discussion about recusal and/or abstention ● Public comment on consent agenda items ● Request to pull an item ● Commissioners ask questions and/or make comments on consent agenda items ● for up to 2 minutes each (all commissioners get one opportunity) If the order of the consent agenda is changed significantly, the Chair may chose to reread the revised consent agenda ● Vote and disposal of motion to close the public hearing and approve the consent agenda *Motions can be passed through unanimous consent. For unanimous consent, the Chair may ask if there is any objection to the proposed action, and if there is none, announce the result. Order and Procedure for Discussion Postponement Item* ● Announcement of postponement request. ● Speakers in favor of postponement. ● Speakers opposed to postponement. ● Round robin: questions from 8 commissioners for up to 5 minutes (questions can be asked of staff, the applicant, or community members. A member is allowed 4 one turn to ask questions unless no other member who has not received a turn does not wish to speak). ● Chair asks for a primary motion and a second (commissioners are advised to not present arguments on the case until a motion has been made and seconded). ● Once the primary motion has been made, any commissioner may ask brief questions of a motion maker clarifying the language or stated intent of the motion, amending motion, or substitute motion for up to two minutes. In addition, up to two commissioners may ask questions of staff, the applicant, or community members for up to two minutes. ● 3 Commissioners speak in favor and 3 commissioners speak in opposition to the motion for up to 3 minutes (the motion maker gets the first opportunity to speak and present arguments). ● At any point the chair may recognize a commissioner to offer an amending motion or a substitute motion. ○ A substitute motion substantially alters the primary motion such that the intent of the base motion is altered. ○ An amending or substitute motion requires a majority of the body to vote in favor to be approved. ○ An amendment can be amended once or replaced by a substitution and a substitution can be amended once but a substitution cannot be substituted (any motion can be withdrawn if there is no objection). ○ The deliberation for this is as follows: ■ The Commissioner makes a formal motion to make an amendment or substitution and it is seconded. ■ 3 Commissioners speak in favor and 3 commissioners speak in opposition to the motion for up to 3 minutes (the motion maker gets the first opportunity to speak and present arguments). ■ Vote and disposal of amending motion or substitute to an amendment. ● Vote and disposal of base motion (as amended) or substitute motion. ● Proceed to the next item. *Motions can be passed through unanimous consent. For unanimous consent, the Chair may ask if there is any objection to the proposed action, and if there is none, announce the result. Order and Procedure for Public Hearing Discussion Item, Except for Land Development Code and Comprehensive Plan Amendments* ● Staff presentation for up to 6 minutes. During the presentation, commissioners may ask for clarification from the staff. Questions are to be for clarification, technical understanding, or process-related and focused on the specifics of the 5 application under consideration. Commissioners asking questions during the hearing may not ask questions during the Round Robin until all other Commissioners have had an opportunity to ask questions. ● Speakers in favor of the item. ● Speakers opposed to the item. ● Applicant rebuttal with the speaker designated by the applicant. ● Motion, second, and vote to close the public hearing. ● Round robin: questions from 8 commissioners for up to 5 minutes (questions can be asked of staff, the applicant, or community members. A member is allowed one turn to ask questions unless no other member who has not received a turn does not wish to speak). ● Chair asks for a primary motion and a second (commissioners are advised to not present arguments on the case until a motion has been made and seconded). ● Once the primary motion has been made, any commissioner may ask brief questions of a motion maker clarifying the language or stated intent of the motion, amending motion, or substitute motion for up to two minutes. In addition, up to two commissioners may ask questions of staff, the applicant, or community members for up to two minutes. ● 3 Commissioners speak in favor and 3 commissioners speak in opposition to the motion for up to 3 minutes (the motion maker gets the first opportunity to speak and present arguments). ● At any point the chair may recognize a commissioner to offer an amending motion or a substitute motion. ○ A substitute motion substantially alters the primary motion such that the intent of the base motion is altered. ○ An amending or substitute motion requires a majority of the body to vote in favor to be approved. ○ An amendment can be amended once or replaced by a substitution and a substitution can be amended once but a substitution cannot be substituted (any motion can be withdrawn if there is no objection). ○ The deliberation for this is as follows: ■ The Commissioner makes a formal motion to make an amendment or substitution and it is seconded. ■ 3 Commissioners speak in favor and 3 commissioners speak in opposition to the motion for up to 3 minutes (the motion maker gets the first opportunity to speak and present arguments). ■ Vote and disposal of amending motion or substitute to an amendment. ● Vote and disposal of base motion (as amended) or substitute motion. ● Proceed to the next item. 6 *Motions can be passed through unanimous consent. For unanimous consent, the Chair may ask if there is any objection to the proposed action, and if there is none, announce the result. Order and Procedure for Land Development Code, Comprehensive Plan, Technical Codes, or Other Major Plan Amendments* ● Staff presentation for up to 10 minutes. During the presentation, commissioners may ask for clarification from the staff. Questions are to be for clarification, technical understanding, or process-related and focused on the specifics of the application under consideration. Commissioners asking questions during the hearing may not ask questions during the Round Robin until all other Commissioners have had an opportunity to ask questions. ● Speakers in favor of the item. ● Speakers opposed to the item. ● Motion, second, and vote to close the public hearing. ● At this point, revised rules of deliberation can be passed with support from two- thirds of the body. ● Round robin: One round of questions from all commissioners present for up to 5 minutes (questions can be asked of staff, the applicant, or community members. A member can take their turn at any time but a turn cannot be split into two unless necessary to allow for staff response. A member is allowed one turn to ask questions unless another member who has not received a turn does not wish to speak). Ex-officio members may ask one question each as well. ● Chair asks for a primary or base motion and a second (commissioners are advised to not present arguments on the case until a motion has been made and seconded). ● Once the primary motion has been made, any commissioner may ask brief questions of a motion maker clarifying the language or stated intent of the motion, amending motion, or substitute motion. ● Before other amendments are considered, the chair may recognize a commissioner to offer a substitute motion. ○ A substitute motion substantially alters the primary motion such that the ○ intent of the base motion is altered. If a substitute motion is made to the primary motion the deliberation for this as follows: ■ The motion maker states their motion (commissioners are advised to not present arguments on the case until a motion has been made and seconded). 7 ■ Commissioners ask questions on the substitute being considered, with 2 commissioners allowed up to 2 minutes per person for questions of commissioners and staff as it relates to the motion. ■ Two commissioners can speak in favor of a motion and two commissioners can speak in opposition to a motion for up to 2 minutes each. ■ Vote and disposal of the substitute motion at which point the primary or base motion is replaced. ● If a working group was created to make recommendations regarding the item: ○ Presentation of working group amendments for up to 10 minutes by working group designee. ○ Commissioners may pull any working group amendments for discussion establishing a list of discussion working group amendments. ○ The remaining amendments will be approved as consent working group amendments as follows: ■ Working group chair/member makes a motion and it is seconded. ■ Approve the consent amendments, at which point the amendments are included into the base motion. ○ Commission will go through discussion working group amendments in the order presented with deliberation as follows: ■ General questions on amendments with 3 commissioners allowed up to 2 minutes of questions per person. Questions can be asked of working group members, staff, other commissioners, or community members. ■ Chair asks for a primary motion and a second for the working group amendment (commissioners are advised to not present arguments on the case until a motion has been made and seconded). ■ Questions on the amendment being considered, with 2 ■ commissioners allowed up to 2 minutes per person for questions of commissioners and staff as it relates to the motion. If amendments or substitutions are made to an amendment, the process and rules for such motions to the primary motion must be followed. ■ Two commissioners can speak in favor of a motion and two commissioners can speak in opposition to a motion for up to 2 minutes each. ■ Vote and disposal of the amendment or substitution, at which point the amendment is either included into the base motion or not. If individual commissioners shared amendments in advance (see process for sharing amendments in advance below): ● 8 ○ The Chair or a designated commissioner may present the amendments shared by individual commissioners in advance for up to 6 minutes. ○ Commissioners may pull any amendments shared in advance for discussion establishing a list of discussion pre-shared amendments. ○ The remaining amendments will be approved as consent pre-shared individual amendments as follows: ■ Chair/ designated commissioner makes a motion and it is seconded. ■ Approve the consent amendments, at which point the amendments are included into the base motion. ○ Commission will go through discussion pre-shared amendments in the order presented with deliberation as follows: ■ General questions on amendments with 3 commissioners allowed up to 2 minutes of questions per person. Questions can be asked of the commissioner suggesting the amendment, staff, other commissioners, or community members. ■ Chair asks for a primary motion and a second for the pre-shared discussion amendment (commissioners are advised to not present arguments on the case until a motion has been made and seconded). ■ Questions on the amendment being considered, with 2 ■ commissioners allowed up to 2 minutes per person for questions of commissioners and staff as it relates to the motion. If amendments or substitutions are made to an amendment, the process and rules for such motions to the primary motion must be followed. ■ Two commissioners can speak in favor of a motion and two commissioners can speak in opposition to a motion for up to 2 minutes each. ■ Vote and disposal of the amendment or substitution, at which point the amendment is either included into the base motion or not. ■ Proceed to the next pre-shared discussion amendment. 9 ● If no working group was created or there are additional individual amendments, that were not posted in advance, to the primary motion the deliberation for this as follows: ○ In alphabetical order of last name, commissioners with a motion explain the intent behind the motion and its content (commissioners are advised to not present arguments on the case until a motion has been made and seconded). ○ One round of such amendments are considered, unless these rules are amended at any time with support from two-thirds of the body. ○ Commissioners ask questions on the amendment being considered, with 2 commissioners allowed up to 2 minutes per person for questions of commissioners and staff as it relates to the motion. ○ An amendment can be amended once or replaced by a substitution and a substitution can be amended once but a substitution cannot be substituted (any motion can be withdrawn if there is no objection). If amendments or substitutions are made to an amendment, the process and rules for such motions to the primary motion must be followed. ○ ○ Two commissioners can speak in favor of a motion and two commissioners can speak in opposition to a motion for up to 2 minutes each. ○ Vote and disposal of the amendment or substitute at which point it is either included into the base motion or not. ○ Proceed to the next amendment. ● Three commissioners can speak in favor of the base motion (as amended) and three commissioners can speak in opposition to a motion (as amended) for up to 3 minutes each. ● Vote and disposal of the primary or base motion (as amended). ● Proceed to the next item. Order and Procedure for All Other Action Items, Except for Briefings* ● Staff or commissioner bringing items to present for up to 6 minutes. During the presentation, commissioners may ask for clarification from the staff. Questions are to be for clarification, technical understanding, or process-related and focused on the specifics of the application under consideration. Commissioners asking questions during the hearing may not ask questions during the Round Robin until all other Commissioners have had an opportunity to ask questions. ● Speakers in favor of the item. ● Speakers opposed to the item. ● Round robin: questions from 8 commissioners for up to 5 minutes (questions can be asked of staff, the applicant, or community members. A member is allowed 10 one turn to ask questions unless no other member who has not received a turn does not wish to speak). ● Chair asks for a primary motion and a second (commissioners are advised to not present arguments on the case until a motion has been made and seconded). ● Once the primary motion has been made, any commissioner may ask brief questions of a motion maker clarifying the language or stated intent of the motion, amending motion, or substitute motion for up to two minutes. In addition, up to two commissioners may ask questions of staff, the applicant, or community members for up to two minutes. ● 3 Commissioners speak in favor and 3 commissioners speak in opposition to the motion for up to 3 minutes (the motion maker gets the first opportunity to speak and present arguments). ● At any point the chair may recognize a commissioner to offer an amending motion or a substitute motion. ○ A substitute motion substantially alters the primary motion such that the intent of the base motion is altered. ○ An amending or substitute motion requires a majority of the body to vote in favor to be approved. ○ An amendment can be amended once or replaced by a substitution and a substitution can be amended once but a substitution cannot be substituted (any motion can be withdrawn if there is no objection). ○ The deliberation for this as follows: ■ The Commissioner makes a formal motion to make an amendment or substitution and it is seconded. ■ 3 Commissioners speak in favor and 3 commissioners speak in opposition to the motion for up to 3 minutes (the motion maker gets the first opportunity to speak and present arguments). ■ Vote and disposal of amending motion or substitute to an amendment. ● Vote and disposal of base motion (as amended) or substitute motion. ● Proceed to the next item. *Motions can be passed through unanimous consent. For unanimous consent, the Chair may ask if there is any objection to the proposed action, and if there is none, announce the result. Order and Procedure for Briefings ● Staff to present for up to 10 minutes. ● Round robin: questions from 8 commissioners for up to 5 minutes (questions can be asked of staff, the applicant, or community members. A member is allowed 11 one turn to ask questions unless no other member who has not received a turn does not wish to speak). ● Proceed to the next item. Rules for Submitting Working Group Amendments for Land Development Code, Comprehensive Plan, Technical Codes, or Other Major Plan Amendments ● All amendments from a working group, must be submitted by 2pm the Monday before the Tuesday meeting to the staff liaison, to be shared with all the commissioners, and posted as backup. ● Working groups will make every effort to submit amendments by 2pm on the Friday before the Tuesday meeting, to be distributed by the staff liaison that day. ● Amendments not submitted by the deadline may be considered through a vote to amend the rules after all amendments shared in advance have been considered. Rules for Submitting Individual Amendments in Advance for Land Development Code, Comprehensive Plan, Technical Codes, or Other Major Plan Amendments ● All amendments submitted in advance by individual commissioners, must be submitted by 2pm the Monday before the Tuesday meeting to the staff liaison, to be shared with all the commissioners, and posted as backup. Commissioners may share amendments at any time in advance of that deadline, if they would like.