Prestatement at Public Hearing

[Streck]

When we conduct a public hearing for rezoning, a lot of people seem to object based on their personal belief as to what should or should not be built on the tract.

It is my contention that the public hearing is NOT to get a popularity vote as to the proposed use of the tract, but to provide the city information such as private agreements or covenants that would preclude certain uses of the property.

Is that a proper position to take, and should a statement to that effect be made prior to the opening of a public hearing?

[Chet]

As in, "We dont need another grocery store. What we need is...."

or,

"Why can't you put them at [site x] instead of [site y]

We get that alot. We allow it, but our Mayor has a pretty standard speech about breadth of uses permitted in each zoning district, and the free market dictating locational preferences.

[H]

I attend many, but am a regular at none; so for what it is worth…

For a zoning/variance hearing in South Florida:

Citizen ‘input’ usually happens at most meetings I have been to. The citizen speakers usually are held to a time limit, but often go on tangents and use the time to say not only what they think should go on the property, but whatever they might be thinking at that time. The boards usually don’t take the ‘advice’ of the citizen as to what ‘should’ the property be used for, that is for the comp plan, but the boards do listen and address all concerns the best they can. If a serious concern cannot be answered, the vote is often delayed until it can be. The concerns are then weighted to the outcome of the vote.

[mike gurnee]

Job Creation.
The zoning amendment public hearing process was created by our national planning organizations to assure that planning school graduates would find jobs. After a few hearings, planners get so frustrated at the whole thing that they quit. This then creates openings for others.
Those that like hearings become FAICPs.

[Streck]

Yes, ok, but now about that "pre-public hearing statement:"

Is there a proper statement to be made before opening the public hearing to get more appropriate comments from the public, and reduce public hearing process time?

[gkmo62u]

Yes the Chair can read a pre-statement and include things like address comments to the chair, keep comments to 5 minutes, if you are apart of an organization can you have one person speak for everybody.....

But in the end it is public comment on the case, and free-speech gives the public a great deal of latiitude.

[mike gurnee]

OK, more serious this time. Your introduction to the audience is a great opportunity to educate the public (and the board) on the rules governing zoning amendments. You should go through the grounds for granting a change as stated in the state statutes and you local code. Describe what the comprehensive plan says about the area. Detail the existing land use patterns. List what is allowed in the current and proposed districts. And be ready with your state case law on what is and is not appropriate when considering map changes.

In other words, present the staff report first...not last. It will help set the tone for the ensuing debate. Also, let your board know in advance know why this is necessary.

I just came out of a meeting where a board member who voted against a certain proposal said he did so solely because of the "number" of opponents.