AICP Rule 1. We shall not deliberately or with reckless indifference fail to provide adequate, timely, clear and accurate information on planning issues.
· Scenario #1: A planner knows of an obscure rule from the land development regulations that will allow an obnoxious use on a property in a low-income neighborhood. The applicant will have to fulfill several requirements, but it can be approved by the planner. The applicant does not know about the regulation that will allow the use without a rezoning.
o The planner tells the applicant and makes sure he fulfills all the requirements before approval.
o The planner does not tell the applicant and forces him to go through a rezoning with public participation.
o The planner tells the applicant but asks the applicant to meet with the community to discuss the project.
o The planner tells the applicant to wait until council completes an amendment to the land use regulations that will remove the loophole.
· Scenario #2: A newly hired planner for a small municipality has the responsibility to process rezoning requests. Part of the process is “advertisement”. His jurisdiction’s requirement is to advertise in a newspaper of general circulation.
o The planner places the add in the legal notification section of the newspaper.
o The planner places the add in the legal notification section of the newspaper and post signs on the sight.
o The planner places the add in the legal notification section of the newspaper and post signs on the site and on the city’s website.
o The planner places the add in the legal notification section of the newspaper and post signs on the site, on the city’s website and sends a letter to all adjoining properties.
o Planner goes door to door to each adjoining property to notify them of rezoning.
· Scenario #3: You are the planning director for a city. There is a citizen who comes into the planning office each week to see what is on the agendas for council and planning commission meetings. The citizen asks for the agendas and for all backup information, everything that is sent to the public officials. This citizen has sued the city several times, due to information that he has gathered from his weekly visits. He has lost each lawsuit, but it still takes time and effort to counter the claims. The city attorney has directed your office to make this citizen complete a Freedom of Information (FOIA) request for his requests each time from now on. In addition the city attorney has told you to use each day provided in the FOIA rules before giving the citizen the information, in your city it is 15 business days.
o Ask the city attorney to put this in writing so it can be distributed to everyone who asks for information on pending approvals by planning commission and council.
o Disregard what the city attorney asks and continue to provide information in a timely manner to any citizen who requests it.
o Follow the directive of the city attorney.
o Direct all citizens to the city attorney’s office when they ask for public information.
· Scenario #4: You are the note taker at a neighborhood meeting, and those who attend the meeting are expressing views different than you think many in the community believe. You:
o Take notes as participants state them, make sure the staff report states your concerns about the limitations of the public input
o Put your personal slant on notes
o Try to find a way of hearing from others
o Do not record any notes
o Take notes, but downplay them in staff report
· Scenario #5: A developer, well known to the community for doing good projects, wants to build a senior housing development. This development will provide housing for low-mod income seniors. To acquire timely financing the developer needs a land use confirmation from the city. The property is currently zoned low-intensity residential, and does not allow the density the developer needs for the project. The council has let the city manager know they are in favor of this project and time is of the essence, otherwise the developer will go to another site in another jurisdiction that is zoned appropriately.
o You rush the zoning change through, omitting some of the public process to get it done in time.
o You provide the developer with a land use confirmation, telling him this is contingent on the rezoning that is now in process.
o You make the developer aware of the rezoning process and tell him the accurate timeline, which is typically 3-4 months.
o You figure out a way to “allow” the development under its current zoning
· Scenario #6: You are a planner who thinks a pending zone change is a great idea. The published notice says the file is available for inspection during normal business hours for the 10 day period leading up to the hearing. Opposing neighbors hire an attorney to represent them. He comes to the office during the 10 day inspection period to look at the file.
o You tell him that because the request to inspect comes from an attorney, the request must be approved by the city solicitor's office, knowing that will eat up at least half of the 10 day notice period and make it more difficult for opponents to prepare their case
o You allow him to view and copy the file as you would any other person who comes to see it
o You make excuses why portions of the file cannot be copied at this time
o You work with the attorney and explain the entire project, in hope that the better he understands it the less opposition he will have.
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