Council to advertise zoning deadline change; members debate shifting conditional-use reviews to zoning board

Opelika planning staff asked the council at its work session to advertise a text amendment to sections 5.1 and 8.7 of the city’s zoning ordinance that would change the deadline from 21 to 27 days for submittals before Planning Commission meetings.

Planning staff said the change is intended to give staff and commission members more time to review materials and prepare reports. Matt said, "In looking at other communities, we found that those times typically range anywhere from about 26 to, 45 days from deadline to meeting." He recommended moving to 27 days so reports can be prepared and digested.

Councilman Allen pushed a broader change: shifting many conditional-use hearings out of the Planning Commission and into the Zoning Board of Adjustment to shorten Planning Commission agendas. Allen recited recent commission meeting percentages for conditional uses and argued many other Alabama cities place conditional uses with the zoning board: "27% of the November meeting was conditional uses, 64% of the October meeting was set, conditional uses... 50% of April, 33 percent of March... I bring this up because the vast majority of the rest of the state of Alabama, the conditional uses are handled by the zoning board of adjustment, not the planning commission." He said moving cases could reduce Planning Commission meeting lengths by "on average, 25 to 50%."

City Attorney Gunner advised on process and state law: "Well, any zoning amendment change has to originate in the Planning Commission. Planning Commission has to make a report to the city council... You have the final authority. But under state law, it has to originate in the Planning Commission. It can't originate with the city council." Planning staff agreed the text amendment to extend the deadline is a modest change that can be advertised immediately, while a broader reallocation of which board hears conditional uses may require more substantial ordinance changes and additional Planning Commission hearings.

Council consensus at the work session was to advertise the 21-to-27-day deadline amendment and ask staff to prepare options and recommendations for how conditional uses and special exceptions could be allocated between the Planning Commission and the Zoning Board of Adjustment. Any substantive change to which board hears conditional-use requests will be routed through the Planning Commission as required by state code.