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Commissioners debate limiting applicant rebuttal time; no change made

Page County Planning Commission · December 10, 2024
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Summary

The commission debated proposed rules of procedure to give applicants two opportunities to speak but cap rebuttal time at five minutes; commissioners expressed concerns about fairness, potential litigation, and administrative discretion and opted to postpone final action for further review.

A proposed amendment to the Page County Planning Commission's rules of procedure drew an extensive debate over whether applicants should have a formal, time-limited opportunity to respond after public hearings.

Mister Hahn introduced language, which he said was vetted by the county attorney, that would afford applicants an opportunity to speak both before and after public hearings and would limit post-hearing rebuttal to five minutes without leave of the chairman. Hahn said the intent was to formalize an "unwritten rule" and prevent open-ended presentations that could go on for an hour.

Several commissioners and staff pushed back. One commissioner said five minutes would be insufficient for applicants who arrive with co-owners and attorneys and warned that arbitrary limits could be unfair. That commissioner urged research into how other counties handle applicant presentations. Another commissioner recalled controversial special-use permit hearings in which many allegations were made and argued applicants should have a reasonable opportunity to respond. Staff and another commissioner said the 5-minute cap was intended to address rebuttal only and that applicants would still have reasonable time to present before hearings.

Commissioners discussed alternatives including removing the 5-minute cap, making the cap apply only to public hearings, or making time proportionate to the number of public comments. No final vote was taken; members agreed to take the proposal under further review and to allow the usual 30-day review period before action.

Next steps: staff will revise language as needed and the commission will return to the item at a subsequent meeting after additional consideration and possible research of other counties' procedures.