MDC hearing examiner says planning staff will cap new petitions at 10 indefinitely

The hearing examiner for the Metropolitan Development Commission told attendees at the Oct. 9 hearing that planning staff is limiting the number of new petitions that may be docketed for MDC hearings to 10 and that the limit will be “in effect for an indefinite period.”

The announcement, read at the start of the hearing, cited the MDC’s rules of procedure that allow the administrator to limit the number of new petitions docketed. "The MDC's rules of procedure provide that the administrator may limit the number of new petitions docketed for the hearing. Planning staff is currently limiting the number of new petitions to 10. This will be in effect for an indefinite period," the hearing examiner said.

The examiner also reviewed appeal and scheduling procedures for petitioners and other parties. Under the procedures outlined at the hearing, any party dissatisfied with a recommendation or decision at the examiner-level hearing has an automatic right to appeal; an appeal must be filed with the Department of Metropolitan Development within five business days after the hearing. The examiner said that parties should contact staff within one to two days after the hearing to discuss timely notice and the designated appeal form.

The examiner noted how zoning, approval and modification petitions that the examiner recommends for approval or denial will be placed on the MDC docket before the full commission and gave an example scheduling window: placement on the MDC agenda no later than Oct. 29 for cases heard that day. The examiner also said decisions on variances, plats and vacations that the examiner approves or denies at the hearing become final unless appealed in accordance with MDC rules.

The announcement was procedural and did not change stated standards for review; it sets an administrative cap on how many new petitions planning staff will place on dockets for initial hearings.