Local Planning Agency - Regular Meeting

so that we there would be notice to the public of a large construction project going on and the intent was so that there was a public meeting. So, but now it's forced all these commissioners to vote on stuff and and all the all the commissioners were required to vote for it because it met code. We didn't we could get sued. So, it it was u they've asked us instead of replace to replace the public hearing requirement and replace it with a public uh presentation. So if you look at the text that's been amended, all the parts about the public hearing like a quasi judicial hearing where people are under oath and so forth and that the commissioners vote instead of that we've removed all such language and instead it's just a public presentation at public meeting and it accomplishes the same goal without putting the commissioners in position of having to vote mandating them to vote in a positive manner on something. Does that make sense? So, I'm happy to ask answer any questions, but

it's kind of a simple issue, but yeah, I guess my question is I if that's the intent, then why are we still not notifying the neighbors? Because I guess I can see not having them vote and doing a presentation versus um I don't know what you would call it otherwise. Um, but why I I still feel like if if something 50,000 square feet were going up right near my house, I'd want to see the sign that it was coming or be notified in mail that it was coming. So, I kind of I I get the not voting on it. That totally makes sense because you are giving the impression that you're approving this project whether or not you had any choice in it. It's part of the zoning and they have a right to it. But I don't know about not notifying the neighbors and the public. That would be my concern.

Yeah, I had the same concern. Is there Is there a way I mean is like is there a way to still send the letters or still put up the blue boards or so? Um if you look at sub paragraph F um the old F that got deleted that talked about the notice requirements for a public hearing and since we removed it being a public hearing in in instead a presentation that didn't that section doesn't apply. So we'd have to probably create a whole new section to continue at least the advertising or the publishing, right? because it's no longer a public hearing. Yeah. Just a presentation. So, I don't I don't I I think that's possible that we could do that if you want if that's

you obviously can make that recommendation in a motion and then the uh board when it gets to the commission can consider that. Okay. Yeah, I agree with you. That was my major concern, too. I mean, because it just seems like the intent that kind of Well, we don't we don't that for presentations, we don't do public advertising for it. So, and this is kind of a unique situation. First off, there's not a lot of projects that have a 50,000 square foot building or more in Steuart anymore. So, it's not going to come up that often. But those storage units just did recently, right? That was the most recent. And that's I think what triggered them. So, okay. Right. So, it can happen. Yeah. I'm not saying it doesn't happen. I'm just saying it's very rare. It's not every project. Yeah. So,

okay. So, if that does happen, if you do notice, I'm assuming it's still post approval. So it's already been approved when the presentation is done. Yeah. So yeah, it it was before they could get to the board even under our our code. It had to be um in compliance with the code and the development department would verify whether it was it met code. They didn't move forward unless they met code. So then they would get to the meeting and they met code. So you couldn't vote against it. But it gave the, you know, people could be upset and it gave the um, you know, idea that these commissioners were voting in favor for it put them in an awkward position.

And I I I don't think that was the intent. I think the intent was like what you're saying is to bring a public hearing where everybody was notified and I I I think um there was an adverse consequence just wasn't thought of when they created it. So, we're hoping to, you know, make it just a presentation and if we need to do notice, that's fine. I mean, I don't think that's an issue. Um, we can add that language back in. Is there a way to add it while it's still being like because I guess Yeah. I mean, I guess my thought was I mean, I know it's a different circumstance, but like when the hotel had come before us, the neighbors behind were like, "Well, can the lights not be shining down on our pro, you know, like could there be an opportunity for

um but I guess by the time the presentation's made, it's already been administratively approved. So, is there a a a window of opportunity to notify the public before it's administratively approved?" Well, and somewhat similar, they don't like the fact now because it's making them look like they're voting in favor of a project, but it's going to make them look really bad to the public if all of a sudden there's no signs going up and people are like, "You didn't even notice us anymore." Like, yeah, you could really have two sides to this that could go very wrong. I think it's swinging too far in the one. There's probably some middle ground of notice.

That's what I'm thinking. that would rectify them voting on something they don't approve, but at the same time not allowing a 50,000 foot building to spring up on neighbors that they weren't even had any idea was coming. Well, to go back, you mentioned the hotel. The hotel was a I know it was different. It was Yeah, they were they were doing a land land use change and or a zoning change. I couldn't remember. So, they they weren't going in in compliance with the code. This is where something is in compliance with the code. Yeah. And there's a lot of things that are in compliance with code that we don't get noticed on. But obviously a 50,000 foot building is is would be nice to get noticed abnormal. It's not not a usual size project anyway. Be on a limited basis anyway.

But still, we're talking about it meets code. So even if people get notice and they object, their objection doesn't matter. But is there not much they could do about in the presentation there is there even like a public comment or is it just a presentation? every every meeting just like we asked. Okay. So, it will so they we're required to have public comment. Okay. So, they can voice their concern and whoever the is installing the development maybe could just be a good neighbor and hear the concerns and be like, "All right, we might do that." Yeah. Well, and maybe even it's the language on the signs then instead of a public hearing saying a public presentation will be made on this development

or it may I don't know too if it I don't know what everybody thinks whether we're talking signs or letters because I know sometimes the surrounding so maybe a letter goes out saying this has administrative approval but we're doing a presentation on it if you're concerned or would like to meet the developer and hear more about it. I don't know. I'm not sure what legally would make sense andor well I don't know if it legal I mean um there's legal requirements if you're having a public hearing you have to do it we're not having a public hearing so this is all voluntarily done so legally I mean

it's not illegal to notify people um of of a new project going in that's being approved administratively um so I I there's nothing wrong with it legally it's just procedurally uh we We are required, like I said, when there is a public hearing, but we're removing the public hearing process. This is kind of unique. I I it's not something typically you do even have a presentation. I think the board mentioned those words. We still would like a presentation so we're aware of it and that the public would be aware of it. Obviously, our agendas are publicized and a project that size is probably not going to go unnoticed, but

Yeah. But I still think especially depending on the area of town it's in that when people see the blue signs they typically like notice and it's just like when I remember there was a discussion on one of our things what was the notice and they're like we put an ad in the newspaper. Well nobody gets the newspaper anymore. So if we have a means whether it be the blue signs or the letters so that the public is still made aware of major developments I think that that's a good thing. We've also, and I think it's live now, right? If I remember, we have it on our website. We have a a map you can click on and it shows colors of on on a map of the city and all the current.

But if you don't know anything's coming, you don't know to go back there and look it up. The blue signs probably lead people to go to that and look for what's coming. But if without a sign or an or a letter, you wouldn't even know. and then you know they start breaking ground and you're like you know and I think the people would be angry with the commission of the city because of things just popped up. Yeah. And I also think that if there is that capability I didn't know about that capability. I don't think most of us know that that capability exists. So it'd be great on your social media Stuart like social media pages

to put like that information like make a post that did you know you know what I mean that sort of thing. Uh, good evening board. My name is Jody Cougler. I'm the development director. So, we just rolled out this website like last week. Oh, perfect. So, um, so we are actually going to advertise it in our newsletter and we're going to ask, um, our, uh, PO PIO to put it on our, um, to advertise it as well. Um, we also have all of our development applications that are online now. So, you can go into our portal and you can look in there as well. Oh, there you go.

Um, so we just rolled all this out. So um we are going to start trying to maybe it's something that we post in a newsletter every month whenever they do post that to to post what development applications have been um applied for and plus going on our website you can look at our dashboard and the dashboard is very easy. We wanted to make it very simple what's in progress what is preapp and and you actually we broke it out to what's commercial areas what's residential. So you can kind of see the areas where they're at. located. If you click on it, it'll tell you what the project is, when it was submitted, if it requires public hearing, who your planner is, and who your developer is, and what where on the website is that?

It's on our development uh on our development page right now, but we're getting ready to move it over to the front page so they can actually so people can actually see it. But we are going to ask our um our PIO to go ahead and advertise in a newsletter, get it out there. Hey, did you know same thing? But that will also give a better understanding like what's going on in your neighborhood because just not major developments going on in your neighborhood. You also have site plans. You have, you know, uh conditional uses that don't require a public hearing action, but it does affect your neighbors. You know, it could affect your neighbors just because the code doesn't say that you're required to to notice anybody.

We wanted to be a little bit more transparent and get it out there. So, if people want to know like what's next door? I see have a vacant land. Well, I know it's not going to stay vacant. Yeah. But there's a lot of things that don't require a public hearing, so we wanted to start getting that out there. Okay, that's very cool. I think in this instance, too, notifying the neighbors just helps the developers know that they have to be good neighbors because the neighbors are going to be noticed and um perhaps show up the meeting where if there's no blue sign and no notice, the developers can like, well, this is all by code and they don't have to. I don't know. I just think it a it forces their hand to be good neighbors.

All right. Would somebody like to make a motion? I will make a motion. Um I guess I'm going to make a motion to um accept the agenda item, but with the um recommendation that we add a public notice component to it. Is that enough? I just say motion motion for approve motion to recommend approval with the condition that the the notice requirement remain in there because there is a notice requirement in the original, right?

And it and I took that out and we could put it back in but just instead of um because it talks about public hearing public presentation. Okay, I'll second that. Oh, everybody's looking public comment. Oh, yeah. Wait, did anybody have any comments? Okay. Okay. I have uh Vice Chair Peterson, yes. Board member BS, yes. Chair Lorraine, yes. Board member Stro, yes. Board member Vogel, yes.

Thank you. All right. Thank you. Do we have any staff updates? No staff updates. That's exciting. That's a good one. Yeah, very exciting. All right. Thank you very much. We call this meeting adjourned. Thank you. Thank you.