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Planning staff urges commissioners to refer zoning inquiries to staff; attorney cautions against private advocacy
Summary
Commissioners were advised to refer developers and brokers to planning staff for preliminary discussions about prospective text amendments, and city attorney Fred Donaldson warned commissioners to avoid engaging in advocacy that could create ex parte issues when a matter comes before the commission.
Planning staff and the city attorney told Bluffdale planning commissioners on Wednesday they should refer members of the public who ask about potential zoning text amendments to planning staff rather than engage in private advocacy.
The issue arose after a commissioner said a broker had emailed commissioners asking whether they would support a proposed text amendment to allow car washes in a special district. Caitlin (planning staff) noted the Council had asked the commission to pass along appreciation for previous work on temporary signage amendments and flagged the broker inquiry.
Fred Donaldson, the city’s staff attorney, advised commissioners that if a proposal will come before the commission they should not engage in discussions that could create an appearance of advocacy or a conflict. “If it's gonna come before the commission, which it would, because that's a land use regulation, then I would say you should not engage in those discussions, and you can direct them to planning staff,” Donaldson said. He recommended referring inquiries to planning staff (Grant, Caitlin or Ellen) so staff can process requests and provide consistent guidance.
Commissioners and staff described how the inquiry unfolded: planning staff said the developer initially contacted staff and later an outside broker contacted several commissioners. One commissioner said she contacted the property owner directly and learned the owner was “not that interested” in pursuing a car wash. Staff reiterated that the standard process for a proposed text amendment is to submit an application and that staff would advise on process and likely hurdles; staff also noted that commissioners who receive such inquiries may respond by saying they are only one vote and have not formed an opinion.
Commissioners discussed how to respond to constituents who seek to “take the temperature” of the commission. Planning staff said it is acceptable to listen to concerns but to direct people to staff for formal discussion; the staff suggested commissioners can say, “I'm only one vote … I don't even know how I would vote at this stage,” to avoid creating an impression of precommitment.
No formal policy change was enacted at the meeting; staff said they will continue to field inquiries and recommended directing applicants and their representatives to staff rather than to individual commissioners.
