Planning panel recommends code changes to comply with House Bill 2247, keeps limited neighborhood notice

The Planning and Zoning Commission voted to recommend town-code amendments on Dec. 11 to bring Pinetop-Lakeside into compliance with House Bill 2247, a state law that shifts many subdivision and site-plan approvals from public hearings to administrative review.

Community Development Director Lloyd told the commission the language in the statute was changed from "may" to "shall," creating a mandatory compliance obligation. "We pretty much have to do this in order to comply with state statute," Lloyd said, adding that noncompliance could risk losing state shared revenues.

The proposed amendments to Town Code Title 16 (subdivisions) and Title 17 (plan and plot review) would allow administrative approval of subdivision plats and certain site plans that meet objective code standards, while preserving hearing processes where a site is formally designated historic. Lloyd said the State Historic Preservation Office (SHPO) and town council can both trigger the historic-area exception: "If town council determines somewhere is historic, then it would go before commission and town council as well."

Commissioners pressed staff on safeguards to preserve community input after the removal of required public hearings. Several commissioners recommended requiring developers to hold a neighborhood meeting and to document outreach; Director Lloyd suggested the developer bear the burden of notification. The commission discussed a 300-foot notice radius and a two-week minimum notice period. "I'd like for that requirement to be placed the burden upon the developer though," Lloyd said, describing a process that relies on GIS buffers and county mailing records.

Longtime resident Robert Ingalls urged the commission not to lose local control. "I am uncomfortable thinking that we lost the local control," Ingalls said, asking the commission to delay action and refine the draft to increase community input and design review. Commissioners responded that many municipalities were working quickly to meet the Dec. 31 statutory deadline and that council action would likely occur in January.

After debate, the commission approved recommendations to send the Title 16 and Title 17 amendments to the town council with a stipulation that applicants provide notice of a developer-run neighborhood meeting to addresses within 300 feet and attest to that outreach, and with a suggested two-week notice window. The motion on Title 17 passed 3–2; the Title 16 recommendation was advanced to council following discussion.

The commission and staff emphasized that rezoning and planned unit developments that change zoning remain legislative actions requiring public hearings and would not be subject to the administrative-review pathway.

The commission sent the recommendations to the town council for final action; council timing was described as likely in January.

The commission adjourned after finishing the agenda.