I’m a Planning Commissioner,

1. I’m a Planning Commissioner, Now What?!?!?

2. Definitions defə’niSH(ə)n/ • Appeal Authority: Person, board, commission, agency, or other body designated by ordinance to decide an appeal of a decision of a land use application or a variance • Land Use Application: An application required by a municipality’s land use ordinance. • Land Use Ordinance: A Planning, zoning, development, or subdivision ordinance of the municipality, but DOES NOT include the General Plan • Land Use Authority: A person, board, commission, agency, or other body designated by the local legislative body to act upon a land use application

3. Powers Granted by the State • Make recommendations to legislative body (City Council) on/for: • The General Plan and Amendments to the General Plan • Land Use Regulations (Ordinances, Zoning Codes) • Advise CC on Appeals • Advise CC on Administering Zoning • Any other authority granted to you by City Council

5. Ethics • As a Planning Commissioner you’re subject to the Municipal Officers’ and Employees’ Ethic Act 10-3-13 Utah Code • Three important Points from the Act: • May not use position for personal or financial benefit • May not receive a gift of substantial value that is given with ANY connection to a case or a person that will be appearing before the commission. • Conflicts of interest should be disclosed in written form and verbally in a public meeting at the time it is applicable • “Disclose and vote” means you may be required to vote after disclosing your conflict if your recusal would defeat a quorum (e.g. not enough members to hold a quorm)

6. Know the Roles • Legislative – Making rules, adopting Ordinances (Legislative) • This power is given to the City Council NOT Planning Commission • Unless that power is specifically granted to the PC by the City Council • Administrative – Enforcing adopted rules/Ordinances (Executive) • Bulk of Planning Commission’s Responsibility • It’s not up to you to decide if something is good or bad, desirable or not • Role is to determine if a proposal meets (or conforms) to existing code • E.g. Site Plans, Development Plats, C.U.P.s • Quasi-Judicial –Interpreting the rules (Judicial) • A Planning Commission may hear an appeal if they have been granted Appeal Authority, and they were NOT the Approval Authority

7. Know the roles • Legislative Actions: • Adoption of General Plan & Amendments • Land Use Regulations • Zoning • E.g. when making a recommendation on a General Plan to the City Council the Planning Commission is acting in the “Legislative Process” thus they have broad discretion in what their recommendation is, they are allowed to listen to public even if it is uneducated clamor

8. Know the Roles • Administrative Actions: • Subdivision Plat • C.U.P. • Site Plan • E.g. When the Planning Commission is reviewing a Subdivision you’re acting in an Administrative capacity. A proposal either fits into City Ordinance or it does not. An individual Planning Commissioner’s opinion of the merits of the proposal is not relevant to the process. Public comment and concerns are relevant only to the extent that they speak to issue of compliance with the existing law.

9. Example Case • Mr. Wood is a Planning Commissioner, and the Planning Commission is being asked by an applicant to approve a Multi-family residential development Subdivision Plat. • The application is in a zone designated for multi-family residential, and all standards of the ordinance have been met • There is a large public clamor against the development on social media, and dozens of residents have spoken in a public hearing stating the development doesn’t fit the character of the community, and concerned about new traffic • A Traffic Engineer has supplied a report that indicates the Level of Service of the roadways will be acceptable and able to support the development • Mr. Wood votes to deny the Subdivision Plat due to his opinion that traffic is already too bad, and development doesn’t fit the character of the community • Did Commissioner Wood act appropriately?

10. Commissioner Wood • No: • The application conformed to zoning and other standards of the City Ordinance. • The Public’s opposition to the proposal did not speak to the issue of compliance with the existing law. • Commissioner Wood might feel the development is inappropriate, but his role as a Planning Commissioner is to determine if an application conforms to city ordinance • Commissioner Wood should have voted Yes on the proposal

11. Keep in Mind • Utah Law is very clear that a landowner is entitled to approval of a land use application if the application complies with city code • Due Process: Must respect Public Process and Due Rights, thus all decisions and deliberations must comply with the Utah Open and Public Meetings Act and be done in public.

12. The Shalts and Shalt Nots “Shalts” “Shalt Nots” Be afraid to make difficult decisions based on the law even when they may be unpopular Have meetings one-on-one with petitioners Have a closed mind to arguments or new ideas Make up your mind before hearing all the available information Represent a single point of view or base your vote on a single personal experience Violate the open meetings law or the ethics act of the state of Utah or of your Municipality Use your position or information given to you as a result of your position to benefit yourself, friends, or family • Attend Meetings and vote • Preview materials and take field trips when appropriate • Pay attention to all information that is presented from all parties • Ask Questions if needed • Represent the good of the community rather than the good of the few • Be knowledgeable and respectful of Constitutional Rights • Be an advocate for city, general plan, and its ordinances • Be familiar with and respect laws of Country, State, and Municipality • Treat everyone with dignity and respect, regardless of difference of opinions • Be able to say “No” when it is appropriate and legal • Make decisions based on law, and on good planning not on public sentiment or pressure • Become knowledgeable about planning theory and practice

13. A copy of the Handbook for Planning Commissions and Land Use Authoritiesis available on the Countywide Planning Website at • https://www.cachecounty.org/cpdo/education/info-faqs.html • Or on the State Website at • https://site.utah.gov/lua/wp-content/uploads/sites/28/2016/01/Land-Use-Authority-Handbook-2016.pdf