[00:00:03]
OKAY.[Call to Order]
WELCOME TO THE BOARD OF ADJUSTMENT MEETING FOR MARCH 25TH, 2025.PROCEEDINGS ARE RECORDED, SO PLEASE SILENCE YOUR CELL PHONES.
BEFORE WE GET TO THE AGENDA, I WOULD LIKE TO EXPLAIN THE PUBLIC HEARING PROCEDURE.
THE CHAIRMAN WILL OPEN THE HEARING FOR PUBLIC TESTIMONY.
THE APPLICANTS WILL BE ASKED TO PRESENT THE APPLICATION.
STAFF WILL GO OVER A STAFF REPORT.
NEXT MEMBERS OF THE PUBLIC WILL HAVE AN OPPORTUNITY TO COMMENT ON AN AGENDA ITEM.
PLEASE KEEP IN MIND THE BOARD WILL NOT ANSWER QUESTIONS FROM THE PUBLIC.
HOWEVER, THE APPLICANT MAY ANSWER THEM DURING THE REBUTTAL PERIOD OF THE MEETING.
ANYONE WITH YOU TO SPEAK WILL BE CALLED ON TO SPEAK.
ONCE CONCERNS OR COMMENTS ARE STATE, ONCE CONCERNS OR COMMENTS ARE STATED, IT IS ON THE RECORD.
IT WILL BE CONSIDERED AND DOES NOT NEED TO BE REPEATED.
FINALLY, THE APPLICANT WILL BE INVITED TO REVIEW, TO REVIEW COMMENTS OR ANSWER ANY QUESTIONS BROUGHT UP BY THE PUBLIC IF THEY WISH TO DO SO.
THE BOARD MAY ASK QUESTIONS THROUGHOUT THIS PROCESS TO GATHER INFORMATION OR TO CLARIFY STATEMENTS THEY HAVE MADE THAT HAVE BEEN MADE.
THE CHAIRMAN WILL THEN CLOSE THE PUBLIC HEARING PORTION OF THE MEETING.
ONCE THE PUBLIC HEARING IS CLOSED, THE PUBLIC WILL NOT BE ALLOWED TO COMMENT.
INTERRUPT YOU FOR JUST SECOND.
THE BOARD WILL DELIBERATE AND MAKE A DECISION.
THE BOARD MAY CHOOSE TO APPROVE, APPROVE WITH CONDITIONS OR TABLE THE APPLICATION FOR ADDITIONAL INFORMATION.
[Minutes: February 25, 2025]
ITEM ON OUR AGENDA IS THE MINUTES.IS THERE ANY QUESTIONS, COMMENTS, OR CONCERNS OF THE MINUTES FROM FEBRUARY 25TH? I'LL MAKE A MOTION THAT WE APPROVE 'EM AS SUBMITTED.
I SECOND THOSE IN FAVOR OF THE MINUTES FROM FEBRUARY 25TH.
THOSE OPPOSED, PLEASE SAY NAY.
[CUP25-003: Conditional Use Permit for Hope Lutheran Church to add an addition and for future improvements to the property.]
UH, AGENDA ITEM, SO WE'LL OPEN UP THE PUBLIC HEARING PORTION, UH, FOR THE CONDITION OF THESE PERMIT, UH, 25 DASH ZERO THREE, WHICH WOULD BE THE HOPE LUTHERAN CHURCH TO ADD AN ADDITION FOR FUTURE IMPROVEMENTS TO THE PROPERTY.IS THE APPLICANT HERE? HELLO, UH, TRAVIS PAYNE, 2 2 9 5 NORTH YELLOWSTONE HIGHWAY, SUITE SIX I, IDAHO FALLS.
WE, UM, ARE, UH, APPLYING FOR A CONDITIONAL USE PERMIT FOR AN ADDITION TO THE OAK LUTHERAN CHURCH.
UM, IT SOUNDS LIKE THAT THE ORIGINAL CONDITIONAL USE PERMIT WAS DONE BACK SEVERAL YEARS AGO.
SO WE WERE ASKED TO COME AND DO ANOTHER, UM, DO ANOTHER APPLICATION FOR ANOTHER CONDITIONAL USE PERMIT.
WE HAVE ACTUALLY THREE PROPOSED BUILDINGS THAT ARE ON THE SITE.
ONE THAT'S GONNA GO RIGHT NOW, AND TWO THAT ARE PLANNED FOR THE FUTURE THAT WE DON'T KNOW ALL OF THE DETAILS ON.
UM, AND YEP, THERE'S THE SITE PLAN RIGHT THERE.
UM, THE ONE THAT'S GONNA GO RIGHT NOW IS, UM, THE ONE HASH WITH THAT, UH, WITH THAT LITTLE CROSS HASH ON THE, UH, EASTERN SIDE.
THAT'S JUST HAS A PROPOSED EDITION.
AND THEN THE TWO THAT ARE TO THE NORTH, UM, ARE THE ONES THAT ARE IN THE FUTURE.
SO THIS PROPOSED EDITION I CAN SPEAK TO A LITTLE BIT, IS GONNA HAVE SOME, UH, SOME CLASSROOMS AS WELL AS SOME, UM, COMMON SPACE AREAS.
BUT THAT'S BASICALLY, UM, WHAT WE'RE ASKING FOR TODAY.
SO IF THERE ARE ANY QUESTIONS, I DON'T HAVE ANY QUESTIONS.
ANYBODY ELSE QUESTIONS? I I HAVE QUESTIONS.
UM, I'M JENNA, I, SO I WAS WONDERING, IS THIS, ARE, IS PART OF THIS PURCHASING LAND, IS IT, IS THE LOT BECOMING LARGER OR DOES, DOES THE HOPE LUTHERAN CHURCH ALREADY OWN THIS ENTIRE PARCEL? THEY OWN THE ENTIRE PARCEL.
THEY ARE CONSOLIDATING SEVERAL PARCELS THAT WERE OKAY.
DIVIDED LEGALLY IN A PLAT THAT'S UNDER THAT REVIEW.
UM, AND ANOTHER QUESTION, THIS IS PROBABLY FOR STAFF, BUT DO WE, DO WE REVOKE THE PREVIOUSLY ISSUED CONDITIONAL USE PERMITS, LIKE THE ONE THAT WAS FOR THE MODULAR TRAILERS? NO.
DOES THIS OVERRIDE THAT? OH, IT OVERRIDES IT.
DO YOU, DO YOU HAVE ANY, ARE ARE THEY GONNA BE ADDING STUDENTS OR IS THIS JUST LIKE THEY'RE CRAMPED AND THEY NEED MORE BUILDINGS FOR THE NUMBER OF STUDENTS THEY HAVE, THEY WILL EVENTUALLY PROBABLY ADD STUDENTS.
UM, I DON'T KNOW THE EXACT NUMBERS
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AS TO WHAT THEY'RE GONNA ADD.I THINK I ACTUALLY WROTE IT DOWN ON THOSE NOTES.
I CAN'T SEE, I CAN'T READ THAT CLOSELY.
SORRY, I'M MAKING IT HARD FOR YOU.
WELL, I GUESS, I GUESS WE ONLY TALKED ABOUT, UM, I DON'T KNOW WHAT THE, UH, K THROUGH, UM, EIGHTH GRADE STUDENT CAPACITY IS.
AND THAT'S ALL THAT'S GONNA BE ADDED, THE PROPOSED EDITION.
WE TALKED ABOUT POTENTIALLY ADDING HIGH SCHOOL STUDENTS IN THE FUTURE EDITION, BUT THAT'S, THEN YOU'D HAVE MORE PARKING AND YEAH.
THE BUILDING THAT'S THERE RIGHT NOW, DO THEY ALREADY HAVE A DROP OFF LANE? THEY DON'T HAVE A DROP OFF LANE.
UM, THEY DO HAVE A, UH, LOCATION WHERE ALL THE STUDENTS ARE DROPPED OFF.
I, I DON'T THINK IT'S SPECIFICALLY DESIGNATED AS THE DROP OFF LANE.
YEAH, IT'S NOT GREAT DESIGNATION.
UM, I READ IN THE FILE THAT THIS, THIS SITE PLAN IS INTENDED TO HAVE A DROP OFF, LIKE KIND OF A THROUGH LANE.
IS THERE, ARE THERE PLANS TO ADD SIGNING, LIKE NO EXIT, NO ENTRANCE ARROWS, ANYTHING SO THAT YOU DON'T GET A TRAFFIC JAM ON 12TH STREET? I DON'T KNOW IF I CAN SPEAK TO THOSE DETAILS SPECIFICALLY AT THIS POINT.
ONCE WE GET INTO LIKE THE SITE PLAN, UM, SPECIFIC DETAILS, WE'RE NOT THERE YET.
DO YOU GUYS HAVE ANY, ANYTHING TO ADD TO THAT? I'M FINE.
WE'LL NOW MOVE ON TO THE STAFF REPORT.
UH, DAVID WENT TO JUST PRINT THOSE DETAILS THAT, UH, GENERAL WAS ASKING ABOUT.
HE HAD IT IN SLIDE, BUT I THOUGHT IT WAS A MISTAKE, SO I DELETED IT.
SO THE REQUESTED ACTION TONIGHT IS TO APPROVE THIS CONDITIONAL USE PERMIT TO ALLOW THE MODIFICATION AND EXPANSION OF HOPE LUTHERAN CHURCH SCHOOL LOCATED AT 2071 EAST 12TH STREET.
UM, AND THE PROPERTY WAS ANNEXED BY 1979 WITH THE INITIAL ZONE OF R ONE R TWO.
A PORTION OF THE PROPERTY IS PLATTED AS PART OF RD PARK PETITION, DIVISION NUMBER TWO, THE REMAINDERS UNPLED.
AND, UM, AS AFTER MENTIONED, UH, THESE EXTRA PARTIALS ARE BEING CONSOLIDATED INTO A SINGLE LOT.
UM, THEY'RE CURRENTLY UNDER SINGLE OWNERSHIP, UM, BUT THAT'S BEING CLEANED UP THROUGH A FINAL PACK PROCESS.
UM, PREVIOUS CS WERE ISSUED IN 1994 AND 2004 FOR MODULAR CLASSROOMS. THOSE WERE TWO SEPARATE STRUCTURES IN TWO DIFFERENT LOCATIONS, BUT THOSE CS WERE VERY SPECIFIC TO THOSE STRUCTURES.
AND SO NOW THAT THEY WANT TO DO SOMETHING DIFFERENT, WE NEED TO COME BACK WITH A NEW CP.
ANOTHER THING THAT THE CP DOES IS IT ACKNOWLEDGES THE EXISTING USE OF A CHURCH AND SCHOOL IN THE RESIDENTIAL ZONE.
UM, THIS HAS BEEN AN ESTABLISHED RELIGIOUS INSTITUTION AND SCHOOL FOR MANY, MANY DECADES, BUT THE PREVIOUS C PIECE DIDN'T REALLY ADDRESS THAT USE EITHER.
UM, SO IN THE REASON STATEMENT, YOU'LL, YOU'LL SEE THAT IT, IT DOES ACKNOWLEDGE AND ESTABLISHED USE IN THE RESIDENTIAL ZONE, UM, WHICH IS ALSO IMPORTANT BECAUSE THESE USE ARE ONLY ALLOWED IN THESE RESIDENTIAL ZONES WITH A CONDITIONAL PERMIT.
[00:10:01]
BECAUSE THE MODULAR STRUCTURES, ALSO BECAUSE THE MODULAR STRUCTURES ARE NO LONGER THERE, IF THEY'RE GONE FOR MORE THAN A YEAR, THEN THAT COP IS NO LONGER VALID.UM, SO THERE'S A LOT OF MAYBE DIFFERENT ANGLES HERE ABOUT WHY THEY NEED A NEW CUP, BUT HOPEFULLY THIS ONE WILL BE A LITTLE BIT MORE PERSISTENT AND ENCOMPASS SOME THINGS THAT THEY WANT TO DO IN THE FUTURE AS WELL.
UM, THE APPLICATION WAS SUBMITTED ON MARCH 4TH.
UM, THE PROPERTY IS ON R ONE SINGLE BLO RESIDENTIAL AND R TWO MIXED RESIDENTIAL.
UM, AND IT INCLUDES, UM, THE ADDITION, UH, THAT
DO YOU WANT TO GO BACK TO THE SLIDE? UM, OKAY.
UH, SO IT'S THIS ADDITION THAT WE'RE TALKING ABOUT RIGHT NOW.
UM, BUT IT ALSO APPROVES, UH, THESE FUTURE STRUCTURES TOO.
SO HOWEVER THAT LOOKS LIKE IN THE FUTURE, THEY'LL BE ABLE TO DO THIS WITH THIS CURRENT COP.
UM, IT WOULD GENERALLY NEED TO REMAIN WHAT IS APPROVED HERE, BUT THEY'LL AT LEAST BE ABLE TO MOVE FORWARD WHEN THE TIME COMES.
UM, THE DEVELOPMENT AS PRESENTED, THE DEVELOPMENT WILL BE REQUIRED TO BE ALL THE ZONING CODE REQUIREMENTS.
THEY'RE NOT ASKING FOR ANYTHING SPECIAL OR ANY, ANY VARIANCES OR, OR, AND THERE'S NO CONDITIONS THAT ARE REALLY BEING PROPOSED FOR IT.
UM, THE PARKING AND LOADING ZONE ACCOMMODATIONS DO NEED TO BE ADDRESSED, AND THEY ARE, WE RECEIVED THIS, UM, JUST A LITTLE BIT AFTER WE SENT OUT YOUR PACKETS.
SO, UM, BUT HERE I HAVE IT BLOWN UP ABOUT WHAT THEY'RE PRE-PRO PROPOSING FOR PARKING.
UM, GENERALLY THEY'LL NEED ABOUT 130 PARTY STALLS FOR WHAT THEY'RE PROPOSING IF WE COUNT THE GYM AS JUST ACCESSORY TO THE OTHER USES.
UM, AND THEY'RE PROPOSING A HUNDRED AND HUNDRED SIXTY, A HUNDRED SIXTY EIGHT STALLS, SO THEY'RE PROPOSING A LITTLE BIT MORE THAN THEY NEED.
UM, AND THEY'RE ALSO SHOWING THE EXISTING DROP OFF IN PICKUP TIMES, UM, THAT AREN'T GOING TO BE CHANGED.
THE BIG MODIFICATION HERE IS THE FUTURE ADDITION TO, UH, OF A HIGH SCHOOL.
SO GRADES NINE THROUGH 12 WITH SOME ADDITIONAL STUDENTS THAT ARE NO LONGER OR NOT CURRENTLY ATTENDING.
SO THERE IS AN EXPANSION FOR THE USE OF THE SCHOOL TO A LARGER NUMBER OF STUDENTS WITH A WIDER GRADE RANGE, WHICH IS BEING APPROVED WITH THIS INITIAL USE PROGRAM.
SO AS PART OF THE COP APPROVAL IN 2004, THE PROPERTY OWNER SIGNED A DEVELOPMENT AGREEMENT REQUIRING PUBLIC IMPROVEMENTS ALONG HOOPS AVENUE, UM, AND SHOULD BE
SO THIS WHOLE SECTION OF HOOPS, UM, IS STILL REQUIRED TO BE DEVELOPED.
ONLY A SMALL PORTION IS GOING TO REMAIN WITH THIS PROPERTY ON THE PLA THAT STILL NEEDS TO BE DEVELOPED, BUT THAT WILL NEED TO BE DEVELOPED BY HOPE LUTHERAN CHURCH.
THE REST OF THE DEVELOPMENT AGREEMENT WILL BE WHOEVER PURCHASES THE REST OF THIS PROPERTY, THAT WILL BE THEIR RESPONSIBILITY TO IMPROVE THE REST.
UM, BUT JUST SO YOU KNOW, ANY REMAINING IMPROVEMENTS ALONG HOOP SCHOOLS THAT WE BE DONE PER THAT ORIGINAL DEVELOPMENT AGREEMENT BACK IN 1984, UH, THE COMPREHENSIVE PLAN DESIGN THESE AREAS, GENERAL IRVING, UH, WHICH DENOTES RESIDENTIAL AREAS WITH A MIX OF COMMERCIAL AND SERVICE USES CONVENIENT TO RESIDENTS.
AND THIS PROPERTY IS PROVIDING RELIGIOUS AND EDUCATIONAL SERVICES TO, UH, THE NEIGHBORHOOD.
UM, AND SO IT DOES COMPLY WITH OUR COMPREHENSIVE PLAN.
UM, WE'VE REVIEWED THE APPLICATION CLAIM THAT IT'S CONSISTENT WITH COMPREHENSIVE ZONING CODE AND THE COMPREHENSIVE PLAN AND RECOMMENDED APPROVAL OF THE C HAVE TO ANSWER QUESTIONS I DON'T HAVE.
UM, WE'LL NOW CLOSE THE PUBLIC PORTION OF THE MEETING TO DELIBERATE AS NEEDED.
LOOKS STRAIGHTFORWARD ACTUALLY, UM, DID WE, I KNOW WE HAD THE, THE APPLICANT AND WE HAD STAFF TALK.
DID WE OFFICIALLY OPEN IT FOR PUBLIC COMMENT? THE PUBLIC HEARING? HE, THE PUBLIC HEARING, HE ACTUALLY OPENED IT BEFORE THE APPLICANT SPOKE.
SO THESE WOULD BE OPEN TO LATER PROCESS.
[00:15:01]
THIS CP? I'LL MAKE A MOTION THAT WE APPROVE IT AS REQUESTED.AYE SECOND THAT THOSE IN FAVOR, PLEASE SAY AYE.
PLEASE SAY, AY A CP PASSES AND I WILL READ THE RELEVANT CRITERIA OF STANDARDS ASSOCIATED WITH THE CP, THE BOARD OF ADJUSTMENT.
CONSIDER THE REQUEST PURSUANT TO CITY OF IDAHO FALLS COMPREHENSIVE PLAN, CITY OF IDAHO FALLS ZONING ORDINANCE, CITY OF IDAHO FALLS SUBDIVISION ORDINANCE, THE LOCAL LAND USE PLANNING ACT, AND OTHER APPLICABLE DEVELOPMENT REGULATIONS.
PROPERTY IS CURRENTLY ZONED R ONE, SINGLE DWELLING RESIDENTIAL AND R TWO MIXED RESIDENTIAL USES FOR RELIGIOUS INSTITUTIONS AND SCHOOLS REQUIRE CUP IN ALL RESIDENTIAL ZONES.
HOPE LUTHERAN CHURCH AND SCHOOL IS AN EXISTING RELIGIOUS INSTITUTION AND SCHOOL LOCATED AT THIS PROPERTY.
THE SITE IS A CORNER LOT ISOLATED.
THE USE OF IMPACTS FROM SURROUNDING PROPERTIES CUP APPROVES EXPANSION OF THE EXISTING CHURCH AND SCHOOL ONLY WITHIN THE SCOPE OF THE APPLICATION, AND AS OTHERWISE DISCUSSED BY THE BOARD OF ADJUSTMENT.
EXPANSION OF THE FACILITY IS LARGELY TO THE EAST AND NORTH OF THE PROPERTY AWAY FROM SINGLE UNIT RESIDENTIAL USES ON THE WEST SIDE.
THE ZONING ORDINANCE REQUIRES THE EXPANDED PARKING LOT TO BE BUFFERED FROM EXISTING RESIDENTIAL USES WITH USES, WHICH WILL MINIMIZE IMPACTS ON ADJACENT PROPERTIES.
CUP IS NOT TRANSFERABLE FROM ONE PARCEL OF LAND TO ANOTHER.
THE CUP IS CONSISTENT WITH THE CITY'S COMPREHENSIVE PLAN AND CONFORMS TO THE REQUIREMENTS OF THE COMPREHENSIVE ZONING CODE.
OH, CAN I GET A MOTION FOR THE RELEVANT? I'LL MAKE A, UM, A MOTION THAT WE APPROVE THE REASON, UM, STATEMENT AS PRESENTED.
UH, THOSE IN FAVOR OF THE RECENT STATEMENT.
RELEVANT CRITERIA AND STANDARDS, PLEASE SAY AYE.
THOSE OPPOSED, PLEASE SAY NAY.
RELEVANT CRITERIA AND STANDARDS AS.
[CUP25-004: Conditional Use Permit for Christ Community Church to add an addition and for future improvements to the property.]
UH, WE'LL OPEN A PUBLIC HEARING BACK UP FOR THE NEXT CUP IN LINE, UH, CUP 25 DASH ZERO FOUR.IS THE APPLICANT HERE TO PRESENT? SEEING NONE, WE'LL MOVE ON TO THE STAFF REPORT.
I'M JUST GONNA READ THROUGH THIS SO I DON'T MISS ANYTHING HERE.
UM, BUT THE REQUESTED ACTION TONIGHT IS TO APPROVE THE CONDITIONAL USE PERMIT TO ALLOW MODIFICATIONS AND EXPANSION OF A RELIGIOUS INSTITUTION AT CHRIST COMMUNITY CHURCH.
SORRY, I DUNNO WHY THAT'S NOT WORKING.
UM, THE PROPERTY WAS ANNEXED IN SEPTEMBER, 2024 WITH AN INITIAL ZONING OF R ONE.
THE CHURCH OCCUPIED THE PROPERTY AT THE TIME OF ANNEXATION AND INITIAL ZONING.
UM, THE YELLOW ON THE MAP WAS THE R ONE ZONE.
UM, THE CUP APPLICATION WAS SUBMITTED ON MARCH 4TH, 2025.
THE PROPERTY, AGAIN, IS ZONED R ONE, WHICH IS SINGLE DWELLING RESIDENTIAL ZONING, AND CONSISTS OF 17.2 ACRES.
UH, THE PROPERTY IS TWO TRACKS OF LAND, AS YOU CAN SEE THERE.
UH, THE CHURCH SITS ON THE NORTH TRACK AND THEN THERE'S A SOUTHERN TRACK JUST BELOW THE, UM, THE CHURCH OCCUPIED LAW.
UM, THE USE WAS ESTABLISHED AND DEVELOPED PRIOR TO THE ANNEXATION AND THE BOUNDARIES OF THE PROPERTY WILL NOT CHANGE.
THEREFORE, CLADDING OF THE PROPERTIES NOT REQUIRED AT THIS TIME.
HOWEVER, THEY WILL HAVE TO DEDICATE SOME RIGHT OF WAY.
UM, AND THAT CAN BE DONE THROUGH A RIGHT OF WAY FLAT.
UM, AND AS, AS CP IS REQUIRE FOR ANY USE OF RELIGIOUS INSTITUTION IN ALL RESIDENTIAL ZONES PER SECTION 11 DASH TWO DASH THREE OF THE COMPREHENSIVE ZONING CODE.
UM, THE CUP REQUEST CONSISTS OF A REMODEL OF THE EXISTING EX, UH, UH, CHURCH CURRENTLY BEING OPERATED ON SITE.
UM, SO RIGHT NOW THIS IS THE CURRENT CHURCH AND THEY ARE PROPOSING THAT THIS BE ADDED IN THE FUTURE.
AND THEN THIS WOULD BE ALSO ADDED IN THE FUTURE.
UM, THESE ARE, UH, PROPOSED CLASSROOMS, UM, FOR
[00:20:01]
NOT A SCHOOL.THIS CHURCH DOESN'T CONTAIN SCHOOL.
THIS WOULD BE SUNDAY SCHOOL SERVICES, THOSE TYPES OF THINGS.
UM, AND THEN JUST EXTRA SPACE FOR THE SANCTUARY AND OTHER OFFICES CLASSROOM, KIND OF MISCELLANEOUS THING THERE.
AND THEN THEY WOULD BE REQUIRED TO HAVE ADD ADDITIONAL PARKING.
THIS PARKING CURRENTLY EXISTS AS IT'S, UM, LET'S SEE.
THE PROPOSED EXPANSION WILL INCLUDE THE ADDITION OF TWO WINGS FOR CHILDREN'S EDUCATION, FACILITY, NON SCHOOL, AND A NEW SANCTUARY.
THE CONSTRUCTION OF THE ADDITION OF THE BUILDING AND MODIFICATION TO THE SITE WILL BE COMPLETED IN THREE PHASES.
UM, SO THE, THAT KIND OF EXPLAINS THAT WITH THE SITE PLAN, UM, AGAIN, THEY'RE DOING IT IN THREE PHASES, BUT THEY'RE COMING FORWARD WITH THEIR MASTER PLAN SO THEY DON'T HAVE TO KEEP COMING BACK TO YOU GUYS, UM, TO, TO FINISH OUT THEIR PLANS.
UM, THE MODIFICATION TO OF THE SITE WILL REQUIRE ADDITIONAL PARKING STALLS.
THE SOUTHERN ACCESS WILL BE MOVED TO THE SOUTHERN PROPERTY LINE THAT COMPLY WITH THE SPACING REQUIREMENTS FOR THE ACCESS MANAGEMENT PLAN.
UH, OUR ACCESS MANAGEMENT PLAN, THIS IS AN ARTERIAL FIFTH.
SO ON AN ARTERIAL, YOUR ACCESSES HAVE TO BE, UM, AS FAR AWAY AS POSSIBLE OR 660 FEET.
THEY DON'T HAVE 660 FEET OF FRONTAGE.
SO THEY'RE GOING TO KEEP THIS ACCESS HERE.
AND THIS ACCESS WILL ACTUALLY BE MOVED TO THIS PROPERTY LINE SO THAT WHEN THIS PROPERTY IS DEVELOPED MM-HMM
UH, THE PROPOSED SITE PLAN CONFORMS TO SECTION 11 DASH TWO DASH SIX K ONE, WHICH IS, UH, COVERS CLUB AND RELIGIOUS INSTITUTIONS CONTIGUOUS TO A RESIDENTIAL ZONE.
ALL BUILDINGS EXCEPT ACCESSORY BUILDINGS, SHALL BE LOCATED NOT LESS THAN 20 FEET FROM ANY SITE OR REAR LOT LINE ADJACENT TO THE RESIDENTIAL ZONES.
UM, SECTION 11 DASH THREE DASH FOUR OF THE DIMENSIONAL STANDARDS FOR RESIDENTIAL ZONES STATES RELIGIOUS INSTITUTIONS ARE EXEMPT FROM MINIMUM LOSS SIZES, SOME HEIGHT AND LOT COVERAGE RESTRICTIONS, AND THE PROPOSED BUILDING AND SITE PLAN CONFORM TO THE NORMAL STANDARDS REGARDLESS OF THE EXEMPTIONS.
UH, THE PROPOSED PARKING CONFORMS TO THE PARKING STANDARDS IS OUTLINED IN TABLE 11 DASH FOUR DASH TWO OF THE ZONING CODE A NEIGHBORHOOD MEETING'S REQUIRED, AND ONE WAS HELD ON FEBRUARY 5TH OF THIS YEAR.
UM, AND THERE ARE NOTES IN YOUR PACKET FROM THAT, UH, NEIGHBORHOOD MEETING.
UM, THE COMPREHENSIVE PLAN DESIGNATES THIS AREA AS SUBURBAN, WHICH DENOTES, UH, RESIDENTIAL AREAS THAT INCLUDE PARK SCHOOLS, CHURCHES, AND SMALL COMMERCIAL NODES ADJACENT TO MAJOR ROADWAYS.
UM, SO WITH THAT STAFF'S RECOMMENDATION, UM, AFTER REVIEWING THE APPLICATION, UH, IT IS FINDS THAT IT'S CONSISTENT WITH THE COMPREHENSIVE ZONING CODE AND THE COMPREHENSIVE PLAN, AND RECOMMENDS APPROVAL OF THE CUP OF THE EXPANSION OF THE CHURCH OR CHRIST COMMUNITY CHURCH AS PRESENTED WITH THE FOLLOWING CONDITIONS AND VARIANCES.
UM, SO THEY'RE ASKING THAT WE, THAT YOU GRANT A VARIANCE OR EXCEPTION TO SECTION 11 DASH FOUR DASH 51 AND ALLOW PARKING IN THE FRONT SETBACK IN A RESIDENTIAL ZONE FOR THE EXISTING PARKING LOT.
SO, UM, THIS PARKING LOT, UH, ONCE THEY DEDICATE RIGHT OF WAY, ADDITIONAL RIGHT OF WAY, THESE PARKING STALLS WILL ACTUALLY BE IN THE FRONT SETBACK, WHICH WE NORMALLY DON'T ALLOW A RESIDENTIAL ZONE, HOWEVER, WE'RE ASKING THAT THAT, UM, BE AN EXCEPTION TO THE RULE.
UM, WE'RE ALSO ASKING THAT A VARIANCE BE GRANTED TO EXEMPT THE LANDSCAPE BUFFER.
CONTIGUOUS TO RESIDENTIAL ZONES.
SO THEY WOULD NORMALLY BE REQUIRED TO HAVE A LANDSCAPE BUFFER ALONG WITH THE SOUTHERN PROPERTY LINE, UH, TO SEPARATE THE LAND, USE THE RESIDENTIAL LAND USE FROM THE PARKING LOT THAT THEY'RE PROPOSING.
UM, BUT WE'RE ASKING THAT, THAT LANDSCAPE BUFFER, OH, EXCUSE ME, I'M SORRY.
I WAS GONNA MAKE YOU EXPLAIN WHY
[00:25:01]
SO AGAIN, BECAUSE THE RIGHT OF WAY IS BEING EXTENDED, UM, WE'RE ASKING OR STAFF OR THE APPLICANT ASKING THAT THE LANDSCAPE BUFFER CONTIGUOUS TO A STREET BE VARIED, UM, SO THAT THEY DON'T HAVE TO COMPLETELY REDO THEIR EXISTING PARKING LOT.UM, SO THE CONDITIONS REQUIRE ALL LANDSCAPE STANDARDS AS OUTLINED IN THE IN SECTION 11 DASH FOUR, THE COMPREHENSIVE ZONING CODE, APART FROM THESE VARIANCES LISTED ABOVE, MORE PARTICULARLY CONTI PARK OR LANDSCAPING CONTIGUOUS TO A PUBLIC STREET AND INTERNAL LANDSCAPING, UH, REQUIRE PARKING, DESIGN AND LANDSCAPING OUTSIDE OR OUTLINED IN SECTION 11 DASH FOUR DASH FIVE OF COMPREHENSIVE ZONING CODE FOR THE PROPOSED PARKING LOT, OR PARTICULARLY INTERNAL PARKING LOT LANDSCAPE ISLANDS AND LANDSCAPE BUFFER ALONG THE SOUTHERN PROPERTY LINE BETWEEN THE PROPOSED PARKING LOT AND RESIDENTIAL USE TO THE SOUTH.
AND THEN OF COURSE, MEET ALL OTHER STANDARDS OF THE ZONE, OF THE COMPREHENSIVE ZONE ORDINANCE AS THEY APPLY.
UM, THE REASON THAT I INCLUDED THAT IN MY CONDITIONS IS BECAUSE, AS YOU CAN SEE ON THEIR SITE PLAN, UM, THEY'RE NOT PROPOSING ANY LANDSCAPING.
SO I WANT TO MAKE SURE THAT THEY GO BACK AND LOOK AT OUR LANDSCAPE REQUIREMENTS WHEN THEY SUBMIT THEIR SITE PLAN.
AND I'D BE HAPPY TO ANSWER ANY QUESTION THEY HAVE.
ALRIGHT, IS THERE ANYONE THAT WOULD LIKE TO SPEAK ON BEHALF OF THIS CEP OR AGAINST THE CEP? ALL RIGHT.
TO CLOSE THE PUBLIC PORTION OF THE MEETING AND WE'LL DELIBERATE.
I WILL MAKE A MOTION TO APPROVE THIS CUP.
UH, THOSE IN FAVOR OF THE CUP 25 DASH ZERO FOUR, PLEASE SAY AYE.
THOSE OPPOSED, PLEASE SAY NAY.
UH, CUP PASSES, I'LL READ THE RELEVANT CRITERIA AND STANDARDS.
THE BOARD OF ADJUSTMENT CONSIDERED THE REQUEST PURSUANT TO CITY OF IOWA FALLS.
COMPREHENSIVE PLAN, CITY OF IOWA FALLS ZONING ORDINANCE, CITY OF IDAHO FALLS SUBDIVISION ORDINANCE, THE LOCAL LAND USE PLANNING ACT, AND OTHER APPLICABLE DEVELOPMENT REGULATIONS.
PROPERTIES CURRENTLY ZONED R ONE SINGLE DWELLING RESIDENTIAL USES FOR RELIGIOUS INSTITUTIONS REQUIRE CUP IN ALL RESIDENTIAL ZONES FOR SECTION 11 DASH TWO DASH THREE OF THE COMPREHENSIVE ZONING ORDINANCE.
CREST COMMUNITY CHURCH IS AN EXISTING RELIGIOUS INSTITUTION LOCATED AT THIS PROPERTY PRIOR TO THE ANNEXATION AND INITIAL ZONING.
THE CUP APPROVES THE MODIFICATIONS AND EXPANSION OF THE EXISTING CHURCH ONLY WITHIN THE SCOPE OF THE APPLICATION, AS WELL AS CONDITIONS AND VARIANCES GRANTED BY THE BOARD OF ADJUSTMENT.
BOARD OF ADJUSTMENT GRANTED A VARIANCE TO SECTION 11 DASH FOUR DASH FIVE E ONE, ALLOWING PARKING TO BE IN THE FRONT SETBACK IN A RESIDENTIAL ZONE FOR THE EXISTING PARKING LOT ONCE THE ADDITIONAL RIGHT OF WAY IS DE DEDICATED.
GRANT A VARIANCE TO REQUIREMENTS IN SECTION 11 DASH FOUR DASH 4G AND EXEMPT THE LANDSCAPE BUFFER CONTINUE CONTIGUOUS TO A PUBLIC STREET FOR THE EXISTING DEVELOPMENT ONCE THE ADDITIONAL RIGHT OF WAY IS DEDICATED.
ALL OTHER LANDSCAPING STANDARDS AS OUTLINED IN SECTION 11 DASH FOUR DASH FOUR OF COMPREHENSIVE ZONING ORDINANCE ARE REQUIRED APART FROM THE VARIANCES LISTED ABOVE, MORE PARTICULARLY LANDSCAPING CONTIGS TO A PUBLIC STREET AND INTERNAL LANDSCAPING REQUIRE PARKING, DESIGN, AND LANDSCAPING IS OUTLINED IN SECTION 11 DASH FOUR DASH FIVE WITH COMPREHENSIVE ZONING ORDINANCE FOR THE PROPOSED PARKING LOT MORE, PARTICULARLY IN INTERNAL PARKING LOT LANDSCAPE ISLANDS AND LANDSCAPE BUFFER ALONG THE SOUTHERN PROPERTY LINE BETWEEN PROPOSED PARKING LOT AND RESIDENTIAL USE TO THE SOUTH MEET ALL OTHER STANDARDS OF THE COMPREHENSIVE ZONING ORDINANCE AS THEY APPLY.
CUP IS NON TRANSFERABLE FROM ONE PARCEL OF LAND TO ANOTHER.
THE CUP IS CONSISTENT WITH THE CITY'S COMPREHENSIVE PLAN AND CONFORMS TO THE REQUIREMENTS OF THE COMPREHENSIVE ZONING CODE.
CAN I GET A MOTION FOR THE REASON STATEMENT AND RELEVANT CRITERION STANDARDS? I'LL MAKE A MOTION, BUT IT'S APPROVED AS PRESENTED.
CAN I GET A SECOND? I WILL SECOND THAT.
THOSE IN FAVOR OF THE REASON STATEMENT OF RELEVANT CRITERION STANDARDS FOR CUP,
[00:30:01]
SORRY.THOSE AGAINST PLEASE SAY NAY RECENT STATEMENT AND RELEVANT CRITERIA AND STANDARDS OF THE PAST.
[Miscellaneous: BOA Training]
I HAVE A TRAINING FOR YOU GUYS IF YOU WILLING STAY FOR ANOTHER 15.READY? CLOSE ME OR DO? NO, NO.
HELLO, I'M JUSTIN RUEN AND I'M A POLICY ANALYST WITH THE ASSOCIATION OF IDAHO CITIES, AND I'M HAPPY TO JOIN YOU TODAY WITH THIS, UH, TRAINING ON THE PROCESS FOR HAVING, UH, PLANNING AND ZONING HEARINGS.
AND, UH, TO GIVE YOU SOME TIPS ON HOW THE HEARING PROCESS, UH, CAN BE DONE, UH, UH, EFFECTIVELY FOR EVERYONE CONCERNED, ALL MEETINGS OF THE, UH, PLANNING AND ZONING COMMISSION AND GOVERNING BODIES MUST FOLLOW THE IDAHO OPEN MEETINGS LAW FOUND IN IDAHO CODE 74 DASH 200, WHICH STATES THE FORMATION OF PUBLIC POLICY IS PUBLIC BUSINESS AND SHALL NOT BE CONDUCTED IN SECRET.
COMMISSIONERS AND ELECTED OFFICIALS CANNOT DISCUSS THEIR WORK OUTSIDE OF AN OPEN MEETING.
IF YOU ARE A COMMISSIONER OR ELECTED OFFICIAL, YOU ARE DOING THE BUSINESS OF THE PUBLIC.
MEETINGS ARE OPEN TO THE PUBLIC TO INCREASE THE PUBLIC'S CONFIDENCE IN GOVERNMENT BY ALLOWING THEM TO SEE THE DELIBERATIONS AND DECISION MAKING OF THEIR GOVERNING BODIES.
OPEN MEETINGS ALSO PROMOTE ACCOUNTABILITY ON THE PART OF LOCAL OFFICIALS BY ENSURING THAT DECISIONS ARE MADE IN THE LIGHT OF DAY MEETING.
NOTICES MUST BE PUBLISHED AT LEAST FIVE DAYS IN ADVANCE OF REGULARLY SCHEDULED MEETINGS.
THE NOTICE MUST INCLUDE THE NAME OF THE COMMISSION OR ELECTED BODY AND THE DATE, TIME, AND PLACE OF THE MEETING.
THE AGENDA OF THE MEETING MUST BE AVAILABLE TO THE PUBLIC AT LEAST 48 HOURS IN ADVANCE OF A REGULAR MEETING, SPECIFYING EACH AGENDA ITEM THAT WILL BE CONSIDERED.
ANY ITEM THAT MAY REQUIRE A VOTE MUST BE NOTED ON THE AGENDA AS AN ACTION ITEM.
THIS DOES NOT REQUIRE THE BODY TO TAKE ACTION, BUT THE BODY CANNOT TAKE ACTION IF THE ITEM IS NOT DENOTED AS AN ACTION ITEM.
AN AGENDA NOTICE MUST BE POSTED IN A PROMINENT PLACE AT CITY HALL OR THE COUNTY COURTHOUSE, OR IF NO SUCH OFFICE EXISTS AT THE BUILDING WHERE THE MEETING IS TO BE HELD.
AND ON THE CITY'S WEBSITE AND OR SOCIAL MEDIA.
IF THE CITY HAS AN ELECTRONIC PRESENCE, THERE MUST BE WRITTEN MINUTES OF ALL MEETINGS.
PUBLIC HEARINGS FOR SITE SPECIFIC LAND USE APPLICATIONS MUST HAVE A TRANSCRIBABLE VERBATIM RECORD.
AUDIO RECORDING, UH, MINUTES MUST BE AVAILABLE TO THE PUBLIC WITHIN A REASONABLE TIME AFTER THE MEETING, AND INCLUDE THE DECISION MAKERS PRESENT ALL MOTIONS, RESOLUTIONS, HEARINGS, STUDIES, FINDINGS, PERMITS AND ACTIONS PROPOSED, AND THEIR DISPOSITION AND THE RESULTS OF ALL VOTES.
AND UPON A REQUEST OF A COMMISSIONER, THE VOTES OF EACH COMMISSIONER BY NAME.
IF AN OPEN MEETING ERROR OCCURS, STOP, SEEK LEGAL ADVICE AND FIX IT AS SOON AS POSSIBLE.
THE LAW DOES ALLOW FOR CURES TO OPEN MEETING VIOLATIONS.
VIOLATIONS OF THE OPEN MEETING LAW INVALIDATE ANY DECISIONS MADE AND CAN CAUSE MEMBERS OF THE BODY IN THE FORM OF FINES.
A VIOLATION MAY BE CURED BY THE BOARD UPON THE BOARD'S SELF RECOGNITION OF A VIOLATION OR RECEIPT BY THE CLERK OF A WRITTEN NOTICE OF AN ALLEGED VIOLATION.
A CIVIL COMPLAINT FILED AND SERVED UPON THE BOARD MAY BE SUBSTITUTED FOR OTHER FORMS OF WRITTEN NOTICE UPON NOTICE OF AN ALLEGED OPEN MEETING VIOLATION.
THE BOARD SHALL HAVE 14 DAYS TO RESPOND PUBLICLY AND EITHER ACKNOWLEDGE THE OPEN MEETING VIOLATION AND STATE AN INTENT TO CURE THE VIOLATION.
OR STATE THAT THE BOARD HAS DETERMINED THAT NO VIOLATION HAS OCCURRED AND THAT NO CURE IS NECESSARY.
FAILURE TO RESPOND SHALL BE TREATED AS A DENIAL OF ANY
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VIOLATION.YOUR ATTORNEY CAN GUIDE YOU THROUGH THE CURES IF YOU DISCOVER A VIOLATION HAS OCCURRED.
A VALID DECISION IS MADE AT A POSTED MEETING WITH A QUORUM PRESENT ON THE AGENDA AS AN ACTION ITEM WITH A MOTION MADE AND AFFIRMATIVE VOTE IN THE MINUTES.
A VALID DECISION IS NOT POLLING THE BOARD OR GATHERING SIGNATURES.
NOW WE'LL TALK ABOUT PUBLIC HEARINGS, AND THESE ARE NOT THE SAME AS AN OPEN PUBLIC MEETING, BUT OCCUR WITHIN PUBLIC MEETINGS.
THE FINAL DECISION HAPPENS IN THE OPEN MEETING AND NOT IN THE HEARING.
SPECIAL RULES GOVERN PUBLIC MEETINGS WHEN QUASI-JUDICIAL DECISIONS ARE BEING MADE.
THESE ARE CALLED PUBLIC HEARINGS.
MOST OFTEN THESE ARE DECISIONS ON THE LAND USE FOR A SPECIFIC PROPERTY.
PEOPLE CARE ABOUT THEIR LAND AND WHAT HAPPENS AROUND 'EM.
SO IT IS IMPORTANT THAT THEY HAVE NOTICED OF PENDING LAND USE DECISIONS AND ARE GIVEN THE OPPORTUNITY TO BE HEARD.
THE LOCAL LAND USE PLANNING ACT, OR LUPA, REQUIRES THAT LOCAL GOVERNMENTS INFORM THE PUBLIC CONCERNING UPCOMING ISSUES AND HOLD HEARINGS TO RECEIVE CITIZEN TESTIMONY, PUBLIC NOTICE MUST BE GIVEN BEFORE EACH HEARING, CONSISTENT WITH THE NOTICE REQUIREMENTS IN BOTH THE OPEN MEETINGS ACT AND BLUE BOOK AT PUBLIC HEARINGS.
LOCAL GOVERNMENTS ARE REQUIRED TO PROVIDE CITIZENS THE OPPORTUNITY TO TESTIFY WITHIN REASONABLE LIMITS, INCLUDING TIME LIMITS ON TESTIMONY.
PUBLIC HEARINGS ARE IMPORTANT FOR SEVERAL REASONS.
LUBA REQUIRES GOVERNING BOARDS TO ADOPT HEARING PROCEDURES THAT PROVIDE AN OPPORTUNITY FOR ALL EFFECTIVE PERSONS TO PRESENT AND REBUT EVIDENCE.
LOCAL OFFICIALS MUST COMPLY WITH STATUTORY REQUIREMENTS FOR HEARINGS OR RISK DECISIONS BEING OVERTURNED BY THE JUDICIARY.
SECOND HEARINGS PROVIDE A FORUM FOR THE PUBLIC TO OFFER INFORMATION AND INSIGHT CONCERNING PLANNING AND LAND USE ISSUES.
FINALLY, PUBLIC HEARINGS ENHANCE THE LEGITIMACY OF LOCAL GOVERNMENT DECISIONS.
QUASI-JUDICIAL DECISIONS ARE THE MOST CONTENTIOUS ISSUES THAT LOCAL OFFICIALS FACE.
SUPPORT FOR DECISIONS IS USUALLY GREATER.
DO YOU GUYS HAVE ANY QUESTIONS YET? DO YOU REMEMBER WHAT THE DIFFERENCE IS BETWEEN QUASI DUE DIGITAL AND, OKAY.
WHEN THE PROCESS PROVIDES PEOPLE WITH AN OPPORTUNITY TO BE HEARD IN A FAIR AND EQUITABLE MANNER, DECISIONS MADE AFTER A PUBLIC HEARING MUST BE MADE ON THE RECORD OF THE PROCEEDINGS.
THIS INCLUDES A TRANSCRIBABLE RECORDING OF THE PUBLIC HEARING, INCLUDING ALL PARTICIPANTS WHO TESTIFIED.
THE INDIVIDUAL NAMES OF THOSE WHO PROVIDED TESTIMONY MUST BE INCLUDED.
THE RECORD ALSO INCLUDES ALL WRITTEN MATERIALS, INCLUDING THE PERMIT, APPLICATION, STAFF, REPORTS, MAPS, AND ANY OTHER INFORMATION SUBMITTED INTO THE RECORD.
ANY MATERIALS OFFERED BY PARTICIPANTS ANY STATEMENT OF CONFLICT OF INTEREST OR EX PARTE COMMUNICATIONS, THE FOLLOWING ORDER OF BUSINESS IS SUGGESTED FOR PUBLIC HEARINGS ON QUASI JUDICIAL DECISIONS.
THESE STEPS HELP PROVIDE FOR A MORE ORDERLY HEARING PROCESS.
THIS PROCESS ALSO ALLOWS THE ARGUMENTS IN FAVOR TO BE MADE FIRST.
SO THE, THAT THOSE WHO OPPOSE THE APPLICATION KNOW WHAT THEY HAVE TO REBUT, THEN THE APPLICANT IS ALLOWED TO RESPOND TO OPPOSITION TO THE APPLICATION.
EXPLANATION OF THE HEARING PROCEDURES IS PRESENTED BY THE CHAIR OR STAFF.
THE CHAIR OPENS THE PUBLIC HEARING PRESENTATION OF THE REQUESTED ACTION IS MADE BY THE APPLICANT.
AND QUESTIONS FROM THE GOVERNING BOARD.
THE STAFF PRESENT THEIR REPORT ON THE COMPLIANCE OF THE REQUESTED ACTION WITH THE COMMUNITY'S COMPREHENSIVE PLAN AND ORDINANCES.
AND DESCRIBE ANY CORRESPONDENCE RECEIVED FROM LOCAL GOVERNMENTS WITH JURISDICTION AND PUBLIC AND HIGHLIGHT ANY OUTSTANDING ISSUES WITH THE APPLICATION.
IF STAFF HAS THE EXPERTISE, A STAFF RECOMMENDATION IS MADE.
OPTIONALLY THE STAFF MAY MAKE THEIR PRESENTATION AHEAD OF THE APPLICANT.
TESTIMONY IS PROVIDED BY THOSE SUPPORTING.
THE APPLICATION TESTIMONY IS GIVEN BY THOSE NEUTRAL ON THE APPLICATION TESTIMONY AND OPPOSITION TO THE APPLICATION IS HEARD.
THE APPLICANT IS GIVEN AN OPPORTUNITY FOR REBUTTAL AND ANSWER ANY QUESTIONS.
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THIS PROCESS PROTECTS THE APPLICANT'S RIGHTS TO PRESENT AND REBUT EVIDENCE WITHOUT INTERRUPTING THE PUBLIC HEARING PROCESS WITH BACK AND FORTH QUESTIONING.THIS WILL, I'M GONNA INTERRUPT YOU FOR JUST A SECOND.
UM, AS YOU MAY HAVE MENTIONED OR NOTICED ON YOUR SCRIPT THAT I GAVE YOU, UM, WE'VE BEEN ADVISED NOT TO HAVE NEUTRAL, OR, I MEAN IN, IN FAVOR, NEUTRAL AND THEN OPPOSITION.
UM, THE REASONING FOR THAT IS BECAUSE WE DON'T WANT PEOPLE WHO ARE GETTING UP TO TESTIFY IN OPPOSITION TO FEEL LIKE THEY'RE AGAINST THE DEVELOPER OR THEY'RE GONNA BE JUDGED BASICALLY.
SO FROM HERE ON OUT, WE'RE JUST GONNA OPEN THE PUBLIC HEARING.
THE APPLICANT WILL SPEAK, THEN PUBLIC TESTIMONY WILL BE TAKEN FOR ANYONE WHO WISHES TO SPEAK, WHETHER FOR AGAINST OR, RIGHT, RIGHT.
AND, AND JUST DO IT THAT WAY SO THAT, UM, THERE ISN'T THAT DIVIDE OF, YOU KNOW, OH, OH, THAT GUY'S IN FAVOR OF THE DEVELOPER AND THAT GUY'S AGAINST HIM AND, YOU KNOW WHAT I MEAN? AND PEOPLE DON'T FEEL COMFORTABLE GETTING UP TO TESTIFY IN THAT POSITION MOST TIMES.
SO JUST GIVE THEM AN OPPORTUNITY TO GET UP AND TESTIFY AS OPPOSED TO CATEGORIZING WHAT THEIR TESTIMONY IS OR HOW IT RELATES, OR HOW IT FAVOR OR IN OPPOSITION OF WHAT'S BEING.
WE GENERALLY WILL MAKE THEM FEEL MORE COMFORTABLE.
WAS NOT THE TIME TO INTRODUCE NEW INFORMATION.
ANY NEW INFORMATION PRESENTED AT THIS TIME REQUIRES REOPENING THE HEARING TO ADDITIONAL TESTIMONY ON THE INFORMATION THE CHAIR CLOSES, THE PUBLIC HEARING.
THE CHAIR ENTERTAINS COMMENTS FROM THE COMMISSION AND MEMBERS TO DELIBERATE.
A MOTION IS MADE AND DISCUSSED BASED UPON THE DISCUSSION OF REASONS A DECISION IS MADE.
WHATEVER DECISION IS MADE BY THE BODY, THOSE INDIVIDUALS NEED TO EXPLAIN WHY THEY'RE MAKING THE DECISION.
UH, THEY'RE NOT PLACED IN THAT OFFICE ON THAT COMMISSION TO JUST TO SAY YES OR NO OUT.
THEY SHOULD TELL THE PUBLIC AND GIVE THE PUBLIC THEIR REASONS RIGHT FOR THEIR DECISION.
I'VE SEEN, UH, COMMUNITY MEMBERS UPSET WITH THE DECISION THAT'S BEEN MADE, BUT THANK THE INDIVIDUALS FOR MAKING THE DECISION IN SOME WAYS TO ENSURE A SMOOTH HEARING PROCESS INCLUDE.
NOTICES SHOULD BE MORE THAN LEGAL FORMALITIES.
NOTICES CAN HELP THE PUBLIC UNDERSTAND THE HEARING PROCESS AND HELP THEM TESTIFY MORE EFFECTIVELY IF RESOURCES ARE AVAILABLE.
LARGE ONSITE POSTINGS OF THE PUBLIC NOTICE ARE HELPFUL IN DRAWING ATTENTION TO THE APPLICATION AND HEARING IN THE NOTICE, IDENTIFY THE CODE REQUIREMENTS FOR THE APPLICATION AND CRITERIA FOR REVIEW.
AND ONE WAY TO HELP WITH THAT IS TO INCLUDE THOSE DECISION POINTS WHEN YOU SEND A NOTICE OF PUBLIC HEARING OUT SO THAT PEOPLE GET THE DECISION POINTS, KNOW WHAT THEY NEED TO ADVOCATE FOR, AND, UH, GEAR THEIR ADVOCACY FOR THE POINTS THAT ARE GONNA MAKE A DIFFERENCE.
UM, COMING IN AND CALLING THE OPPOSITE PARTY NAMES OR TALKING ABOUT WHAT SCOUNDRELS THEY ARE, IS PROBABLY NOT GONNA CARRY THE DAY.
UH, IT'S A, IT'S A SUBSTANTIAL CHANGE FROM, UH, THE KIND OF INFORMAL, UM, HOW DO YOU FEEL ABOUT THIS ATTITUDE? IT'S MORE LIKE, UH, HERE'S WHAT YOU AS AN APPLICANT NEED TO SHOW AND HAVE YOU SHOWN IT? AND IT'S IMPORTANT FOR, UH, EVERYBODY INVOLVED TO EITHER SHOW BY THEIR ADVOCACY THAT THE POINTS HAVE BEEN MADE, OR THAT THE ORDINANCE POINTS HAVE NOT BEEN COMPLETELY MADE.
AND IT CAN BE JUST ONE POINT THAT CARRIES THE DAY.
BUT THAT'S AN IMPORTANT CHANGE.
IT'S BEEN IN PLACE SINCE 1980.
SO IT'S NOT EXACTLY JUST YESTERDAY THAT THIS HAPPENED, BUT IT'S REALLY VITAL THAT EVERYBODY RECOGNIZES THAT THIS IS HOW DECISIONS HAVE TO BE MADE TODAY.
ONE THING THAT CAN HELP AVOID SOME OF THE POTENTIAL PROBLEMS IS ADOPTING A SOLID SET OF
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HEARING PROCEDURES BY ORDINANCE OR RESOLUTION, MAKE THE HEARING PROCEDURES CLEAR IN THE ORDINANCE AND IN ANY NOTICES OF HEARINGS THAT GO OUT.A IC HAS RESOURCES ON ITS WEBSITE FOR HEARING PROCEDURES, INCLUDING AN ORDER IN WHICH TO HOLD THE HEARINGS AND SAMPLE RESOLUTIONS.
SOME OF THE PRACTICAL TIPS FOR MORE EFFICIENT HEARINGS ARE ORGANIZE THE AGENDA TO DO THE EASY ITEMS FIRST, SUCH AS ON A CONSENT AGENDA.
KEEP IN MIND DEVELOPERS HAVE TIMELINES.
CONSIDER SCHEDULING CONTROVERSIAL ISSUES SEPARATELY AT A SPECIAL MEETING AND EXPECTED TIMEFRAMES FOR ISSUES TO ASSIST THE PUBLIC DEVELOP DECISION MAKING WORKSHEETS WITH CRITERIA PROJECTS HAVE TO NEED FOR APPROVAL.
BE SURE THE CITY'S ZONING ORDINANCES AND PUBLIC NOTICES CONTAIN CLEAR DECISION CRITERIA.
MANY CITIES AND COUNTIES INCLUDE A PAMPHLET OR BROCHURE EXPLAINING THE RULES AND PROCEDURES IN THE REVIEW OF QUASI JUDICIAL APPLICATIONS AND MAKE THE INFORMATION AVAILABLE ON WEBSITES IN LIBRARIES, PUBLIC PLACES, AND IN THE HEARING ROOM.
THE INFORMATION CAN EXPLAIN THE HEARING PROCESS AND ADVICE ON PARTICIPATION, TIME LIMITS AND DEADLINES.
LIST TIME LIMITS FOR IN-PERSON TESTIMONY AND DEADLINES FOR SUBMISSION OF WRITTEN TESTIMONY, THE LOCATION OF WHERE AND WHEN THE RECORD CAN BE EXAMINED AND TO WHOM QUESTIONS MAY BE DIRECTED.
INCLUDE PERTINENT INFORMATION FROM LUPA AND LOCAL ORDINANCES EXPLAINING THE FINDINGS NECESSARY FOR THE APPLICATION TO BE APPROVED.
EDUCATE PEOPLE ABOUT QUASI JUDICIAL HEARINGS.
EXPLAIN THAT IN HEARINGS THE MEMBERS OF THE COMMISSION OR GOVERNING BOARD ESSENTIALLY SERVE AS JUDGES GATHERING FACTS AND EVIDENCE NECESSARY TO DECIDE.
DON'T ASSUME THAT PEOPLE UNDERSTAND THE PROCESS AND ALWAYS AVOID TECHNICAL TERMS AND JARGON.
STRICT ADHERENCE TO THE OPEN MEETING AND TRANSPARENT AND ETHICAL GOVERNMENT STANDARDS AND THE LOCAL LAND USE PLANNING ACT IS VITAL TO THE PROPER WORKINGS OF DECISION MAKERS AND ALWAYS SEEK LEGAL COUNSEL TO ASSIST WITH ANY QUESTIONS.
DO YOU GUYS HAVE ANY QUESTIONS ABOUT ANY OF THIS? WHAT YOU'VE HEARD? I HAVE ONE.
YOU KNOW, IN THE LAST TWO YEARS WE'VE SEEN THIS PLAY OUT IN THE OPEN WITH COUNTIES OR CITIES OR, UH, OTHER STATE THINGS WHERE THEY VIOLATED OPEN MEETING LAWS.
IF WE EVER HAD THAT PARIS OF THOUGHT THAT WE EVER HAD A, UH, VIOLATION OF SORTS, HOW DO WE MEET TO RESOLVE IT? ARE THERE RULES OF, YOU KNOW, I SAID REACH OUT TO COUNSEL.
WHICH WE WOULD OUR SO BETWEEN JACOB AND I, WE'RE NOT GONNA LET YOU HAVE, HAVE LET THAT HAPPEN.
BUT IF IT DOES, BASICALLY WE KIND OF WOULD START THE PROCESS ALL OVER AGAIN.
SO IF THERE WERE SOME TYPE OF VIOLATION OF THE OPEN MEETING LAW, UM, ESSENTIALLY WHAT WE WOULD DO IS NOTICE THE APPLICANT AND THE AFFECTED PROPERTY OWNERS THAT WE WERE GOING TO START THE PROCESS OVER AGAIN AND DO IT CORRECTLY A SECOND TIME.
I, I WOULD NOTE THAT WE HAVE HAD SOMETHING HAPPEN IN PLANNING AND ZONING WHERE THERE WAS A CONFLICT THAT WA WASN'T READILY KNOWN RIGHT AWAY, BUT DISCOVERED AFTER THE MEETING OCCURRED.
AND WE BASICALLY HAD TO REDO THAT MEETING.
THAT PERSON GET, UH, REFUSED FROM THE, NO, NOT NORMALLY.
UM, NORMALLY WHAT HAPPENS IS EXACTLY WHAT JACOB JUST EXPLAINED MOST OF THE TIME IT'S AN ACCIDENT.
IT'S NOT SOMETHING THAT'S SOMEONE'S BEING MALICIOUS OR, YOU KNOW, AND SO WE HAVE, I HAVE NOT COME ACROSS THAT IN ALMOST 20 YEARS OF EXPERIENCE WHERE WE'VE ACTUALLY RECUSED SOMEONE FOR MAKING A MISTAKE.
I MEAN, YOU GUYS ARE HARD TO FIND.
SO REALLY, I WOULD NOTE WHEN, WHEN SOMETHING LIKE THAT DOES HAPPEN, IT, IT CAN BE DIFFICULT, BUT YOU GOTTA KIND OF CLEAR YOUR MIND FROM WHAT HAPPENED AT THE PREVIOUS HEARING AND BASICALLY START FRESH AND JUST PRETEND LIKE THIS IS THE FIRST TIME YOU'RE HEARING IT.
UH, AND BASE YOUR DECISIONS OFF OF WHAT'S SAID IN THE HEARING THAT YOU'RE ACTUALLY AT NOT, NOT FOCUSING ON ANYTHING THAT WAS SAID IN THE PREVIOUS HEARING.
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THIS TRAINING WAS REFERRING TO, UH, SELF ACKNOWLEDGING THAT SOMETHING HAS HAPPENED, HOW DO YOU DO THAT WITHOUT TALKING TO EACH OTHER? UM, YOU DO THAT WITH STAFF ONLY.YOU GUYS, GUYS CAN COMMUNICATE WITH STAFF ONE-ON-ONE ALL YOU WANT.
UM, IT'S JUST YOU CAN'T COMMUNICATE WITH EACH OTHER OR THE APPLICANT OR AN AFFECTED PROPERTY OWNER OR EVEN JUST A MEMBER OF THE PUBLIC WHO WANTS TO TALK TO YOU ABOUT AN APPLICATION.
BUT IN GENERAL, AND I THINK THAT WE REALLY NEED TO CLEAR UP AND FIND OUT, WE CAN ALWAYS REACH OUT TO YOU ABSOLUTELY.
IS THAT PUBLICLY AVAILABLE ON THE INTERNET? IT'S NOT, BUT I CAN.