Planning Commission Quasi-Judicial Ethics Training and Development Review Discussion - February 26, 2025
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Planning Commission Quasi-Judicial Ethics Training and Development Review Discussion - February 26, 2025
The Lafayette Planning Commission held a meeting on February 26, 2025, starting at approximately 1:00 PM and ending after 10:00 PM. The meeting included a public comment, approval of previous minutes, and a comprehensive quasi-judicial ethics training presented by City Attorney Mary Lynn, followed by updates on annexations and development projects. The training focused on due process, standards for decision-making, and the commission's roles. The commission also discussed upcoming annexations, including the Kensington project, and procedural aspects of sketch plans.
Consent Calendar
- Approved the January 8, 2025 meeting minutes unanimously (motion and second, all in favor).
Public Comments & Testimony
- Scott Grieblin (resident of 965 Mallory Street) provided comments on the city's ADU code rewrite in response to House Bill 24-1152. He encouraged the commission to:
- Allow attached and detached ADUs for duplexes and attached ADUs in buildings with three or more single-family units.
- Avoid mandating separate water/sewer lines and tap fees for ADUs.
- Eliminate the lot-per-dwelling-unit rule for all ADUs.
- Incentivize affordable ADUs through increased size allowances, tap fee reductions, and lot coverage increases.
- Allow a 10% lot coverage increase for accessibility/ADA requirements.
- Revise the definition of single-family dwellings to include units on their own fee-simple lots, as his property (a single-family home sharing a garage wall) is currently classified as a two-family home, which may preclude an ADU. He commended the city for its forward-thinking approach to ADUs.
Discussion Items
- Quasi-Judicial Ethics Training (led by City Attorney Mary Lynn):
- Overview of planning commission roles: comprehensive planning (prepare/recommend comprehensive plan updates), legislative advisor (first stop for code changes, which can stop with the commission), and quasi-judicial (acting as a judge on specific development applications).
- Due process principles: procedural (notice, fair hearing, impartial decision-maker) and substantive (regulations must be properly adopted and advance legitimate government purpose).
- Standards for decisions: technical/objective standards (e.g., setbacks, height, parking) and discretionary/subjective standards (e.g., compatibility with comprehensive plan, harmonious transition).
- Conditions on development: must be based on existing code; cannot impose new regulations on the fly. Example: requiring solar panels when not in code is impermissible unless negotiated via a PUD.
- Discussion of ex parte communications: commissioners must avoid outside research, site visits, or conversations about pending applications to maintain impartiality. They should recuse themselves if unable to set aside bias.
- Types of evidence: competent, material, and substantial. Personal opinions (e.g., “traffic will be bad”) are not competent evidence; traffic studies are.
- Special use reviews: inherently discretionary; commission may impose conditions to mitigate impacts (e.g., noise, traffic).
- Development Review Process and Annexation Updates (by Planning Director Steven and Mary Lynn):
- Staff process before applications reach commission: pre-application meetings, completeness review, referrals to internal/external agencies, technical review team meetings.
- Annexations: separate quasi-judicial eligibility hearing (city council) and legislative annexation decision (planning commission recommends, council decides).
- Kensington annexation: eligibility hearing held February 18, 2025; next steps include impact report, planning commission public hearing, and city council vote.
- Sketch plans: non-binding conceptual review; staff plans to schedule potentially multiple meetings due to scope.
- Project Updates (from Steven):
- Sundar apartments (Wadsworth and 470): plans being updated to meet current building code; phase one under review, construction possible later in 2025.
- Silo project (west of Kensington): phase two under amendment.
- 40 North project: under review; resolving an easement issue.
Key Outcomes
- Approved January 8, 2025 meeting minutes.
- Mary Lynn agreed to provide the training slides and schedule a future training on appropriate conditions on development (estimated 30-60 minutes).
- The commission discussed the need to coordinate public hearing notices for potential multi-night meetings on the Kensington sketch plan; staff will work to ensure proper notification.
- Commissioners were encouraged to read the comprehensive plan and relevant code sections in preparation for upcoming large applications.
- No votes were taken on any development applications; the meeting was informational.
Meeting Transcript
I think she wants to start with her training rather than going out of order, but I don't know what a lot of makes sense to start the meeting and then. So please go ahead and um we usually give five minutes to speak, but you'd like to give your name and address from the podium or thank you. I'm Scott Grieblin, and I live on 965 Mallory Street, so just down the road from here. And I would like to encourage the planning commission to consider um as you go through the process of rewriting the municipal code to account for um the House Bill 24 uh 1152 uh pertaining to ADUs some considerations as you go through that process. Uh the state did a lot of the work in drafting that legislation. Um looking at the current uh ADU legislation, there's a couple gray spots that I was wondering if the planning commission might consider moving forward. Uh one of the primary ones is allowing for detached and eight and attached ADUs, and I can email this to you guys too if you don't take notes, but um attached and detached ADUs for duplexes and allow for attached ADUs in buildings that are more that are three more single families and multiple level attached units. Uh uh prevent any policy decisions that would mandate discrete water and sewer lines and tap fees to be required for the development of ADUs, as you can imagine, requiring an additional TAP fee is just going to increase the cost and limit the uh number of ADUs that will actually get built and limit um can just further perpetuate some of the challenges with access to housing. Uh also eliminating the lot per dwelling unit rule for all ADUs and applicable zoning districts, and incentivized ADU development dedicated to affordable housing by increasing the size is already described in state law and tap fee reduction and lot coverage increases. Uh another component of the lot coverage increase to consider uh something like allowing a 10% increase in lot coverage requirements specifically specifically for uh access for accessibility and ADA requirements. Um for example, my father's in a wheelchair, and I would love for him to be able to use an ADU if I were able to build one on my property, and if I have to minimize the size of the ADU, the bathroom, potential shares, all of that would limit his ability to actually use that. So and also you know, just making the community more accessible in general. Uh one other consideration kind of in tandem with this uh would be to consider a slight change in the definition of single family dwellings to include or to describe a single family dwelling located on its own fee simple lot. Uh as you might imagine, I am interested in building an ADU on my property, and I currently um live in a building that shares it's on its own lot, it's a single family home, but it shares a garage wall with the adjacent property, and so it's defined as a two-family home and not a single family home. And the current ADU requirements, the city's current ADU requirements uh don't seem to allow that. It's not entirely clear if if an ADU construction will be allowed on my property. Uh really want to commend the city as well as the planning commission in being very forward-thinking in general with ADUs, and I there's been a lot of attention paid to this issue in the past and a lot of good work that's gone into it, and so I appreciate your time today considering this issue and working to clear this up and to align Lafayette's code with the city's requirements. So that's all I have. Thank you very much for your thank you. Have you had conversations with planning staff yet about what you'd like to do or um I've had some via an architect who's helping me with the process? Okay, so I haven't directly, but I'd be more than happy to start that process as well. Yeah, I would suggest that I wouldn't rely on your architect for it it's it's been I've I've been CC'd on the email, so I'm tracking it, and it's been pretty specific. Um so there's yeah, but uh certainly we'll continue those conversations. So thank you. All right, uh move on to approval of January 8th, 2025 meeting minutes. Um anybody like to make a motion for approval move to approve. All right, I'll go ahead and second that. All in favor, aye, any opposed meeting minutes are approved. Um, and now I guess we'll take a quick um recess while we wait for um Marilyn. And then I could ask you why he should depend on his architect. Although I will say people Although I will say we wouldn't be able to do it. Hi everyone. I'm so sorry. It's been a day. And I'm not oh, I definitely need power. No, there's one right here. I might yeah, do you want to switch? Sure. Let's switch. You can do the presentation too if you want. Not the specific one besides what we had in January, but that was general. For the boarding. Cap some stuff you all have seen before, so you'll still get everything. And then I have more of a focus on development review, like on decision making. Um versus just uh due process and quasi judicial principles. Let's see here. Make sure I'm getting power. I'm gonna get power. There we go.
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