The Paradox Planning Commission: An Adventure in Decision-Making Original Presentation Friday, March 12, 2004

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----------------------------- The Rocky Mountain Land Use Institute Thirteenth Annual Conference ----------------------------- Session Handouts To Accompany Home Study Audio CD for The Paradox Planning Commission: An Adventure in Decision-Making Original Presentation Friday, March 12, 2004 Moderators: H. Gene Moser Director H. Gene Moser Associates Park City, Utah Gene Carr, FAICP Center for Public Policy and Administration University of Utah Salt Lake City, Utah Panelists: THE RMLUI ALL-STARS The Rocky Mountain Land Use Institute University of Denver College of Law 2255 E. Evans Ave., Suite 404 Denver, CO 80208 Phone: (303) 871-6319? Fax: (303) 871-6051? Email: rmlui@law.du.edu Website: www.law.du.edu/rmlui All rights reserved. No part of these materials may be reproduced in any form or by any means, electronic or mechanical, including photocopying, or by any information storage and retrieval system, without permission from the publisher.

----------------------------- The Rocky Mountain Land Use Institute Thirteenth Annual Conference ----------------------------- PRESENTER BIOGRAPHIES H. Gene Moser is a consultant working in public official training and community planning. He is director of the Citizen Planners Seminar for the Utah Local Governments Trust. Mr. Moser is a former member and chairman of the county commission in Summit County, Utah. He presently serves as a member of the Utah Tomorrow Strategic Planning Committee for the state of Utah. He has received both the Outstanding Service Award and the Citizen Planner Award of the Year Award from the American Planning Association- Utah Chapter. Mr. Moser is a frequent speaker at community planning and land use conferences, has been named visiting lecturer at Harvard University, and is a member of The Rocky Mountain Land Use Institute s Speakers Bureau. Gene Carr is the Community Development Advisor for the Center for Public Policy and Administration at the University of Utah. He is an adjunct professor of urban planning and has taught planning for twenty years. Mr. Carr worked in the Planning Department of the City of Seattle and as the community development director of the City of Idaho Falls, Idaho. He also conducted a private planning consulting practice in Salt Lake City. Mr. Carr received an M.C.P. degree at Ohio State University and has recently served on the AICP Landmarks/Pioneers Jury. He has received service awards from the APA Utah Chapter and was elected to the AICP College of Fellows in 2002.

THE PARADOX PLANNING COMMISSION CAST AND SYNOPSIS Dramatis Personae The Commissioners Chuck Upton, Chairman. Chuck owns a restaurant in Paradox, Chuck s Super Sup n Sip. Chuck has been on the PC for five years and was recently appointed as Chairperson. He is a likable fence sitter, unsure of himself, and agonizes when, as Chairperson, he must vote to break a tie. which happens too often. Mercedes Benson. Mercedes is a realtor from an old and wealthy real estate family in Paradox. She is socially prominent, flirtatious, and an outspoken free enterpriser. She is skeptical about land use regulation when it might impede the local economy. Floss Daly. Floss is a public health and recreation booster and civic activist. Floss is progressive, and committed to proper planning and the general plan. Dr. Ben Dover. He is the kindly town doctor. Dr. Dover is thoughtful and cautious, supportive of good planning, and agrees philosophically with Floss. Jim Lawker. Jim is the coach of the Paradox High School basketball team, the Parasites. Jim is the newest member of the PC. A real jock, he is inclined to be impatient, anxious to keep the discussions brief, and not yet entirely aware of the process. The Staff Lottie Daw. Lottie works for the city and is secretary to the PC. Lottie means well and does her best, but is not well organized and is easily discombobulated. Kay Pausa. There being no staff planner for Paradox, Kay, a professional planner, is assigned to the city from SAG, the Sagebrush Association of Governments, as an advisor. Applicants and other participants Moe Risqué. Moe represents the Mature Resources, Inc., Beverly Hills, California. He is applying or a permit for a Mature Resource Library in a residential district near downtown Paradox. Helen Highwater. Helen is a known town troublemaker arises from the audience to object to the library proposal and call for a straw vote.

Synopsis to be read to the audience The Paradox Planning Commission an adventure in decision-making Paradox is a growing city of about 5,000 in Toolate County. Toolate County had been a relatively quiet, pastoral area for many years but has recently begun to experience an influx of folks (many retirees) building fancy homes, though the city still has some aging structures and out-dated infrastructure. Newcomers are discovering Paradox s clean environment and wholesome community. It is becoming a logical target for subdivisions, strip malls, fast food restaurants, and gas stations. The region has some scenic attractions on public lands which will attract more and more visitors. Paradox does have a ripening general comprehensive plan entitled Paradox 76-96 Guidelines for the Future. It was a Bi-Centennial project. Some of the planning commissioners have glanced through it; but the City Council denies its existence. There was some citizen involvement in the plan expressing desires to preserve the rural character of the community. Paradox has a zoning ordinance that was adopted a year before the general plan was completed. It has had two or three amendments since then to keep it up-to -date. The ordinance was borrowed from the California city of Vista Del Freeway, a community of similar size. An earlier council thought the ordinance looked pretty good, and was cheaper than hiring a consultant. The council figured that they saved mega bucks by borrowing an existing zoning ordinance. During today s meeting, the commissioners will struggle with some challenging issues complicated by their polarized cultural biases. Paradox does not yet have a professional planner on staff, consequently, as with many small jurisdictions, must depend upon visits by the circuit rider from the Sagebrush Association o f Governments (SAG). The audience is asked to watch for the issues and determine if the commission exercised sound judgment, finesse, and held the best interest of their community uppermost in their hearts. The rather suspicious actions and decisions that will be presented during this meeting may have been slightly embellished, but they are based upon actual events that have occurred in places both large and small. A discussion of the meeting will follow its adjournment.

PARADOX PLANNING COMMISSION MEETING Rocky Mountain Land Use Institute, Denver, CO Friday, March 12, 2004 The RMLUI All-Star Cast Commissioners Chuck Upton, Chair Recently named Chairman Owner of Chuck s Super Sup n Sip Mercedes Benson Realtor, Benson Family Enterprises Floss Daly Public Health and Recreation Advisor Civic Activist Dr. Ben Dover Local physician Jim Lawker Coach of Paradox HS basketball team, the Parasites All-Stars Craig Call, Land Use Attorney, Private Property Ombudsman, State of Utah Mary Kay Peck, AICP, President APA, Henderson, NV Sarah S. More, AICP, Plg. Administrator, Comprehensive Planning Task Force, Tucson, AZ Prof. Mark Bobrowski, New England School of Law, Boston MA Chuck Klingenstein, AICP, Jones & Stokes, Salt Lake City, President, Utah Chapter APA Staff Lottie Daw APA City staff and secretary to the Planning Commission Kay Pausa Advisor, planner with SAG, Sagebrush Association of Governments Nora Shepard, AICP, Regional V Director, Principal Planner, Summit County, UT Ralph Becker, FAICP, Principal, Bear West, Salt Lake City, member, Utah Legislature Applicant Mr. Moe Risqué Greg Dale, AICP, McBride Dale Clarion, Mature Resources, Inc Cincinnati, OH Citizen Helen Highwater Erin Johnson, AICP, Acting Executive Director, RMLUI The Producers Gene Moser, Utah Local Governments Trust Gene Carr, FAICP, Center for Public Policy & Administration, University of Utah