HomeMy WebLinkAboutminutes.apz.20140318Work Session Planning & Zoning Commission March 18, 2014
Commissioners present- LJ Erspamer, 011ie NZ, and Brian McNellis. Present from Staff- Debbie Quinn,
Jennifer Phelan, Hillary Seminick and Linda Manning.
Debbie Quinn said that the items the Planning & Zoning Commission sees are typically local. Aspen is a
home rule charter city. The land use regulations are our regulations. City Councils job is to adopt
ordinances and resolutions and the municipal code is the authority and jurisdiction.
Jennifer Phelan said originally the zoning rules were a police, health, safety and welfare issue. The land
use code provides regulations for pud's, environmentally sensitive areas, green line review, stream
margin, growth management and residential design standards. The P&Z is either the decision maker or
a recommending body to Council. For items like subdivision and pud the P&Z is just a recommending
body but for the others they are the decision maker. The review criteria is always included in the staff
memo.
Ms. Quinn said a judge rules the courtroom in a judicial capacity and the P&Z is quasi-judicial. It isAheir
job to apply the rules and regulations. The meeting should be an orderly and straightforward process
and the applicant has a right to due process. Anyone who appears before the board has the right to a
fair and impartial board.
She spoke about notice requirements for public hearings. The public has a right to appear and be heard.
If the postings are not made it is not fair to the public and can undermine the entire process going
forward. There are triple notice requirements; notice to neighbors within 300 feet, posted on the
property and in the newspaper. The record contains the documents presented, minutes and everything
that happens during the meeting.
Ms. Quinn spoke about bias and ex parte communication. She said once the application is in you cannot
discuss it outside of the meeting. The commissioners should not be engaged in conversations about the
public hearings. You should not respond to emails other, than saying thank you and forwarding it to staff
for inclusion into the packet. If you are approached by someone it needs to be disclosed at the public
hearing to avoid a conflict of interest. Ms. Quinn said the commission does have a right to reconsider
after the meeting and before the next one. She said the commission needs to respect the decision of
the group even if you are a member of the minority. She said the motion to reconsider needs to be by a
member of the majority. She said she encourages commission members to talk to her before the
meeting if they feel they need to recuse themselves. She said it would be a good idea for the new
members to attend the City's ethic training. If there is a conflict of interest it should be disclosed before
the public hearing. She said if an applicant claims a commission member is biased that should happen
before the hearing. If it happens during the hearing the meeting may be continued. Jim True said the
best thing to do is disclose and discuss with either him or Ms. Quinn.
Ms. Phelan stated there needs to be a minimum of four members present for a quorum. If it is a split
vote it results in a no action decision. The item may be continued to a future date, a motion to deny or
tabled up to one year.
Mr. Erspamer asked about questions from the media. Mitzi Rapkin is the public information person and
you can go to her but Ms. Quinn said just be professional. Ms. Phelan said we will include the meeting
procedure on the back of the agenda. She also spoke about site visits and there needs to be a public
notice and included in the record. Ms. Quinn said since P&Z is quasi-judicial any evidence should be
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Work Session Planning & Zoning Commission March 18, 2014
within the confines of the meeting. She said the site visit should be visual and there should be very little
communication or discussion during the site visit. She said the commission can discuss it during the
meeting. Ms. Phelan said there are sunshine laws that state if three or more officials are together on
official capacity it must be noticed.
Ms. Phelan said there are two parts to the meeting; fact finding and deliberation. There is the staff
presentation then board questions and clarifications. The applicant presentation and then board
questions and clarifications. Then the public comment section where the commission can also ask for
clarifications from the public. Ms. Quinn said by code staff goes first. It is the applicant's burden to
convince the commission. The commission should only discuss what is relevant.
Mr. Erspamer asked about the meetings being extended past 7:00. Ms. Quinn said he can set the rules
and set time limits to how long any one part of the meeting goes on. The chair should identify the issues
to be deliberated by the commission. When the motion is made the criteria met or not met should be
included.
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