Hot Springs directors advised on land-use communications
HOT SPRINGS — City directors are advised to avoid communicating with constituents on some land-use matters, but they can solicit and receive information regarding other zoning-related items that reach the city’s supreme legislative authority.
Special use permits the Hot Springs Board of Zoning Adjustment issues for properties seeking a short-term rental business license are an example of the former. City Attorney Brian Albright tells directors they will be acting in a judicial capacity when Zoning Adjustment Board rulings are appealed to the city board.
As such, they’re advised against communicating with constituents or considering information received outside the confines of board chambers.
Rezoning recommendations the planning commission makes are different. The board’s endorsement or rejection of the recommendation is a legislative function. Albright has told directors the prohibition on ex parte information doesn’t apply on matters of a legislative nature. Two such items are new business the board will consider Tuesday.
Directors asked that landuse matters on their agenda be marked as judicial or legislative. The distinction determines whether they can talk to constituents or do their own investigation in advance of their vote.
“I don’t see a reason why we can’t put a box on our form that says legislative, quasi-judicial or not applicable,” Albright told the board at its Jan. 9 work session. “That’s a great idea.”
District 4 Director Dudley Webb said he would like clarity in case the board has to decide on the preliminary subdivision and development plan the planning commission approved for a former dairy in his district. Several of his constituents spoke against the plan ahead of the planning commission’s Jan. 11 vote in favor of subdividing 25 acres of the former dairy into 106 lots for single-family homes.
“I’m trying to not have any interference, because I’m not 100% sure where that falls,” he said.
Albright said the board will be acting in a judicial capacity if the planning commission’s decision is appealed. The zoning code allows any planning commission action to be appealed to the board within 30 days of the commission’s decision.
The code requires some planning commission actions to automatically come before the board. Albright said those are generally legislative matters such as rezoning recommendations or changes to custom zoning designations the commission approves.
Webb asked if it’s appropriate for directors to attend planning commission meetings.
“I have always advised against it,” Albright said. “If it’s a matter that can come to you, I don’t think you should be there.”
District 3 Director Marcia Dobbs-Smith said attendance increases the likelihood of being lobbied by a constituent on a potential judicial matter the board could have to decide. Webb said he refers constituents to the planning commission when they contact him about a land-use item the board may have to consider.
“I can’t control somebody emailing me,” he said at the work session. “I can’t control somebody texting me or calling me. But what I can do is advise that person to share their thoughts with [the] planning commission.”