Edith Transfer Station Project

In November, the Environmental Planning Commission (EPC) approved the City’s zone change request for the proposed Edith Transfer Station.  Several neighborhood groups appealed this decision and the appeal was referred to City Council’s Land Use Hearing Officer (LUHO) for a hearing in January.  The LUHO makes recommendations to Council on land use appeals.  The LUHO in this matter has recommended that the City Council remand the case to the EPC for further examination and consideration of issues raised in the appeal. 

This appeal will be on the agenda for City Council’s March 7 meeting. The action at Council will be to accept or reject the LUHO’s recommendation.  No testimony or public comment is allowed for this type of hearing.  Council will decide, based on the record, whether to accept the LUHO’s recommendation and remand the case to the EPC or to reject the recommendation and hold a full hearing at a later date.  During a full hearing, there are special rules to testimony and presentation of evidence.  The Council could still vote after a full hearing to accept the LUHO recommendation to remand the case to the EPC or alternatively, they could approve or deny the appeal. 

Land use appeals are quasi-judicial process.  This means that Councilors must refrain from ex-parte communication regarding the case with any of the parties and the general public; such discussions could be grounds for recusal from the vote.  For this reason, Councilor Benton cannot respond to emails or phone calls related to the appeal.