Arkansas Democrat-Gazette

Hot Springs directors advised on land-use communicat­ions

- DAVID SHOWERS

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.”

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