Transcript Document

Welcome to The Plan
Commission and BZA
Quarterly Land Use Update
January 23, 2008
Purdue University is an Equal Opportunity/Equal Access institution.
Purdue University is an Equal Opportunity/Equal Access institution.
Questions
Email:
[email protected]
Purdue University is an Equal Opportunity/Equal Access institution.
Purdue University is an Equal Opportunity/Equal Access institution.
Welcome to the Program
• Mark Spelbring, Extension Educator,
Parke Co. Plan Commission Member
• KK Gerhart-Fritz, AICP
The Planning Workshop
• Video Credit – Greg Dale
Purdue University is an Equal Opportunity/Equal Access institution.
Video Seminar Series Sponsors
• Purdue Cooperative Extension Service
Land Use Team
• Indiana Planning Association
• Indiana Farm Bureau, Inc.
• Ball State University, College of
Architecture and Planning
Purdue University is an Equal Opportunity/Equal Access institution.
Seminar Series Endorsed by
•
•
•
•
Indiana Association of Cities & Towns
Association of Indiana Counties
Indiana Rural Development Council
Metropolitan Indianapolis Board of
Realtors
Purdue University is an Equal Opportunity/Equal Access institution.
Outline for this Evening
•
•
•
•
KK Gerhart-Fritz Presentation
Questions
Videotape Segment with Greg Dale
Discussion, Review, Questions
Purdue University is an Equal Opportunity/Equal Access institution.
Welcome to the
Plan Commission & BZA
2008 Land Use Update
Video Seminar Series
K.K. Gerhart-Fritz, AICP
What I’ll Discuss:
 What is Planning?
 Who Does What?
 Indiana Code Considerations
 Tools
 Common Issues
 Questions & Answers
Top 10 Reasons to Join the
BZA or Plan Commission
10)There is no initiation fee for this club
9) Don't have to wear a fez at planning
conventions
8) Free take-home scrap paper after
every meeting
7) You want to prove Hoosiers can count
ballots better than those Florida plan
commissions
6) The secret handshake
Top 10 Reasons to Join the
BZA or Plan Commission
5) You help economy by keeping lawyers
working
4) The optometrist says you have "20/20
vision"
3) You're waiting for a Hollywood producer
to spot you on the local cable access
channel
2) Secretly hoping they'll name a zoning
district after you
1)All the perks -- like the huge salary
What is planning?
Webster's New Collegiate Dictionary:
 Plan (the noun): "a method for achieving an
end…. A goal .…. A detailed formulation of a
program
of
action….
an
orderly
arrangement of parts of an overall design
or objective”
 Plan (the verb): "to devise or project the
realization or achievement of …. To arrange
the parts of…. To have in mind or intend"
What is planning?
Multiple choice -- raise your hand:
Planning is:
a) A process
b) A product
c) Both
A Process and a Product...
 The planning process can be just as
important as the final plan
document, if not more so!
 Why is this true?
Why do communities plan?
conservation of natural resources,
farmland preservation, infill
development and redevelopment,
growth management, provide good
transportation network, fiscal decisionmaking, think about future generations,
provide recreation choices, historic
preservation, a variety of housing, good
drainage, public safety, good schools,
utility access, NIMBYs and LULUs….
Why Plan?
 It’s about being PROACTIVE, instead
of REACTIVE!
 Even if local officials don’t plan, other
groups are still doing it (utilities, state
hwy, etc.)
 Everyone may have a different reason
for planning -- that’s okay!
Planning’s fundamental goal is to
improve your community
Why Plan -- Good Times
 Manage growth
 Plan for prosperity, more growth
 Make sure there are adequate
resources
 Preserve resources
Why Plan -- Bad Times
 Plan to use scarce resources wisely
 Can’t afford not to!
Philosophy of Planning
 One reason communities plan is to
ensure the needs of the whole
community are considered, not just
benefits to individuals.
 Community planning is based upon a
concept of the public interest.
 Some flexibility in the use of
individual land is given up in exchange
for creating a community in which the
interests of all are considered.
You are a Public Official &
a Planning Policymaker!
 Public officials:
– trustees of the future
– responsibility to help prevent growth
patterns that result in wasteful and
inefficient use of public resources
 When communities plan:
– they establish and implement a public
policy for the community
– they create a guideline for decisions on
development
Government Framework
 Planning & Land Use Control -- Local
 Parameters Set by Enabling Act --
State
Local Planning Structure
 Governing Body
– County Commissioners
– Town Council
– City Council
 Plan Commission
 Board of Zoning Appeals
Local Governing Body
 Role – Law Making
 Elected
 Power to adopt comprehensive plan
– IC 36-7-4-509
 Power to adopt zoning ordinance
 Power to approve rezonings
 Power to adopt subdivision ordinance
 Appoints some board & commission
members
Plan Commission
 Role -- The Land Use Experts
 Appointed/serve by virtue of position
 Prepares Comp Plan (IC 36-7-4-501)
 Prepares Zoning Ord (IC 36-7-4-602a)
 Prepares Subdivision Ord (IC 36-7-4-701b)
 Provides Zoning Map Recs (IC 36-7-4-602b)
 Provides Comprehensive Plan Recs
 Subdivision Plat Approval
Types of Plan Commissions
 Advisory -- May be county or
municipality
 Area -- County joins with at least 1
municipality
 Metropolitan -- Indianapolis
Types of Plan Commissions
 Planning laws differ depending on type:
– Membership, appointments (also differs
depending on type of local govt) and size
of commission
– Area plan allows no use variances
– Cities/towns forbidden an ETJ in Area plan
counties
Board of Zoning Appeals
 Role -- Quasi-Judicial “Relief Valve”
 Appointed
 Power to Hear Appeals of
Administrative Decisions
 Power to Grant Variances from Zoning
Ordinance
 Power to Grant Special Exceptions/
Conditional Uses
Other Players
 Fiscal Body
 Planning Staff
 Citizens
 Applicants
Fiscal Body
 Role – Financial Support
 Appropriate funds for operation
 County Council or City/Town Council
 May appoint members and may be one
member of Plan Commission
 May appoint member of BZA
Planning Staff
 Role – Administration of the Law
 Staff for Plan Commission and BZA
 Administers zoning ordinance
 Interprets zoning ordinance
 Keep records and maps
 Prepare staff report -- can make
recommendation
 Train and educate PC & BZA
 Appointment – depends upon law
Citizen
 Not just a taxpayer or a voter -- get
involved and be informed
 Your responsibility to try to get them
involved
 Input through public hearings -- help
them give you relevant info by
explaining what you must consider
 Input through comp plan -- promote
public participation
Applicant
 Provide complete application
 Prove their case
Confused?
 Many players on planning & zoning
teams
– All are public officials
– Each has a job to do
– Each should only do their own job
 Teamwork is critical to success
– Public debate strengthens government
– Public bickering will destroy public trust
Tools You Need to Know
 Comprehensive Plan
 Zoning Ordinance
 Subdivision Ordinance
 Rules of Procedure
Comprehensive Plan
 Long-range (20+ years)
 Covers entire jurisdiction (and maybe
more)
 Traditionally addresses physical
elements, but may get into economic
& social
Comprehensive Plan
 Involves goal-setting
 Provides context for complex
decisions
 Continuing interactive process
Indiana Code Requirements
 IC 36-7-4-500 series
 3 things required:
– Statement of objectives for future
development of community
– Statement of policy for land use
development of jurisdiction
– Statement of policy for public ways,
places, lands, structures and utilities
Indiana Code Options
 Parks & recreation, flood control,
transit, natural resource protection,
education, farmland protection,
redevelopment of blighted areas, etc.
 Maps
 Most Comprehensive Plans contain
optional elements
More on Comprehensive Plans
 Plans should be reviewed regularly
and updated periodically -- how old is
yours?
 Comprehensive plan is a guideline
 The plan commission is responsible
for the plan, but may be assisted by
staff, by consultants, by volunteers,
or by any combination
 Ordinances should match comp plan
Why we have Zoning
 The original objective of zoning was
to ensure that commercial and
industrial development was
segregated from residential areas.
Zoning Quiz
Zoning is an expression of ____ power.
a)fire
b)police
c) super
Zoning came to the USA from:
a)Pre-WWI Germany
b)Communist Russia
c)Mars
IN the Zone
Zoning has the power to regulate
activity by private persons for the
health, safety, morals and general
welfare of the public.
IN the Zone
Power is delegated to the state by the
feds, and local governments only have
power when it is delegated by the
state ("enabling legislation").
The U.S. Supreme Court has upheld
zoning as a valid use of police power.
How it Works
 Indiana law requires a map, showing
the
districts
into
which
the
jurisdiction is divided.
 The text of the zoning ordinance
specifies the permitted uses and
developmental standards (building size
regulations, setbacks, parking, etc.)
for each zoning district
 Must have comp plan to have zoning
IC 36-7-4-603
Rezoning Criteria
The plan commission and legislative body
shall pay reasonable regard to:
(1) the comprehensive plan;
(2)current conditions and character of
current structures and uses in each
district;
(3) the most desirable use for which the
land in each district is adapted;
(4) the conservation of property values
throughout the jurisdiction; and
(5) responsible development and growth.
Rezoning Process
 The plan commission holds a public
hearing and makes a recommendation
to the legislative body
 The legislative body (county
commissioners or town/city council)
makes the final decision
 Rezoning can be initiated by local
government or property owner
BZA Cases
BZA hears 3 types of cases:
1) Variance requests
– Developmental standards variances
– Variances of use (not available to area
plan commissions)
2) Special exception /conditional use
requests
3) Appeals from administrative decisions
BZA Caution
 Planning staff may file a staff report
with the BZA relating to the case
 No one else may contact any BZA
member before the hearing with
intent to influence the member's
action per Indiana Code
Variances
 BZA has final authority
 Relief valve for zoning ordinance
 Two types:
– Variances from developmental
standards
– Use variances (not available to area
plan commissions)
Development Standards
Variance Criteria
 IC 36-7-4-918.5
 the approval will not be injurious to
the public health, safety, morals, and
general welfare of the community
Development Standards
Variance Criteria
 the use and value of the area
adjacent to the property included in
the variance will not be affected in a
substantially adverse manner
Development Standards
Variance Criteria
 the strict application of the terms of
the zoning ordinance will result in
practical difficulties in the use of the
property
Adding Extra Variance
Criteria
 Indiana Code says your local
ordinance may establish a stricter
standard than the "practical
difficulties" standard:
– The variance granted is the minimum
necessary.
– The variance granted does not correct a
hardship caused by an owner, previous or
present, of the property.
Use Variances -- Not for
Area Plan Commissions
 1st 3 criteria are same as developmental
standards variance. Additionally:
– the strict application of the terms of the zoning
ordinance will constitute an unnecessary
hardship if applied to the property for which the
variance is sought
– the approval doesn't interfere substantially with
the adopted comprehensive plan
Subdivision Control Ordinance
 One of the 2 major implementation
tools for your comprehensive plan -What is the other one?
 A basic way that your community can
control how growth occurs
 Have the most impact in undeveloped
areas
SCO for Orderly Growth
IC 36-7-4-702 says the subdivision
control ordinance must specify
standards, specifically:
(1) minimum width, depth, and lot area
(2) public way widths, grades, curves, and
the coordination of subdivision public
ways with current and planned public
ways; and
(3) the extension of water, sewer, and
other municipal services.
Other Standards
State law says the subdivision control
ordinance may also include standards
for:
 the allocation of areas to be used as
public ways, parks, schools, public and
semipublic buildings, homes,
businesses, and utilities
 any other standards related to the
purposes of that chapter of law
What is a subdivision plat?
 Communities define differently
 In some places every parcel split is a
subdivision and must go through the
process, in others, there are
exceptions to the subdivision process
Types of Subdivisions
 Major -- usually a lot number
threshold and public infrastructure
extensions (i.e., roads, sewer)
 Minor -- typically approved by a plat
committee
The Subdivision Process
 Plan Commission makes final decision
(no trip to legislative body except for
right-of-way dedication)
 May delegate authority to a plat
committee
 Typically review and recommendation
from a technical committee
Subdivision Criteria
 Each community may set own
standards -- take advantage of this!
 Make sure ordinance says standards
are minimums
Subdivisions not Subjective
 If a proposed subdivision plat
meets all the ordinance standards,
the plat must be given primary
approval
BZA & PC Common Issues
 Rules of Procedure
 Findings of Fact
 Public Hearings & Dealing with the
Public
Rules of Procedure
 Indiana Code requires them
 Contents: applications, notice,
conduct of hearings, attendance of
members, conflicts of interest, ex
parte communication, behavior of all
participants, etc.
 Make sure you have copy
 Follow them!
What’s in Rules of Procedure?
 Meeting times and Duties of officers and
staff
 Establishment of committees
 Order of business
 Definition of interested parties
 Notice requirements
 Hearing procedures
 Time limits on testimony
 Application procedures (deadlines, fees,
etc.)
What’s in Rules of Procedure?
 Continuances
 Conflicts of interest
 Decisions
 Commitments and conditions
 Amendments
 Suspension of rules
 Communications outside of meetings
Findings of Fact
 Indiana Code requires them
 Base on criteria, with a “because”
 Must adopt
 Develop at hearing
– Make applicant address
– Worksheet for board/commission
– Staff recommendation
Public Hearings &
Dealing with the Public
 Months of effort (and a good
proposal) can be lost in a few
minutes if the public hearing gets
out of hand
Public Hearings &
Public Meetings
 A public meeting is simply a meeting
that is open to the public; the public
may attend and observe, but the
audience does not have to be allowed
to participate or make comments.
 A public hearing is a formal
proceeding to receive public comment
on a particular matter, such as a
rezoning or a comprehensive plan.
A Word About Public
Hearings
 Legal requirement and obligation to
your citizens
 Not an ideal forum for communication
-- more formal and structured than a
public meeting
 Public hearings specified by law may
not be enough -- we aren't just trying
to meet the minimum legal standards
A Word About Public
Hearings
 Purpose is to hear testimony -- not a
forum for public debate.
 If you do it right, you can also use a
public hearing for education and to
gain support for the plan
 If you desire dialogue, discussion or
negotiation, schedule a public meeting
first
Chairing the Public Hearing
 Must fully understand the
commission’s rules and follow
them carefully.
 Do not be afraid to use a gavel!
Chairing the Public Hearing
 Discussion should stay focused on relevant
issues.
 Don't allow questions or comments from
anyone about extraneous issues -- rule out
of order.
 If you allow that discussion, the audience is
misled into believing the commission has
authority in those matters.
Typical President’s Routine
 Welcome and introduction of body
 Explain purpose of meeting and
ground rules
 Explain what is on the agenda and how
the meeting will work (time limits,
etc.) -- warn them about any
continuances
Typical President’s Routine
 Deliver a "play by play" or translation
for the audience, when necessary
("that ends the applicant's
presentation, now he can only respond
to questions") and repeat/rephrase all
questions
 Keep control of the meeting -- be
firm when necessary and make sure
all remarks go through you (not
between opponents and proponents).
Member’s Role at the
Hearing
 Be familiar with the material -- don't
open your packet at the meeting
 Have a public discussion -- don't pass
notes or whisper
 Explain yourself -- why are you voting
this way?
 Make sure your input is meaningful
Oh Behave!
 Display and demand good manners
 Discuss this behavior as part of
President’s opening remarks:
– Address all comments and questions to
the Plan Commission President
– Address everyone with title of respect
(Mr. Ms. etc.)
Decision-Making Concerns
 After a public hearing, the plan
commission must arrive at a decision
or recommendation.
 The issues often are complicated, and
decision-making is likewise difficult.
Decision-Making Concerns
 Peer Pressure - Do not want to offend colleagues or
appear to be unconventional or
uncooperative.
 Represent a variety of views, so there is
no reason why decisions should always be
unanimous.
Decision-Making Concerns
 Public Pressure - Difficult to make unpopular decision,
especially in small towns.
 Audience isn’t always right; it doesn’t
represent the community as a whole.
 Proposed land use changes generate
emotional responses from many people.
Decision-Making Concerns
 Developer & Business Pressure  Represents a particular view, aimed
at reducing their costs and
increasing their profits.
 Community does not have to accept
inappropriate development in order
to provide profits for a developer.
Decision-Making Concerns
 Political Pressure - Occasionally elected officials will
lobby plan commissioners for votes.
 Plan commissions are intended to be
independent bodies -- commission
members are obligated to cast
votes that promote good planning.
Decision-Making Concerns
 Compromise - Want to find a middle position between
developers and opponents.
 Can leave everyone unhappy
 Developers quickly learn the compromise
game, asking for more than they want or
expect, in order to end up with the
project they initially desired.
 Regular compromise won't result in good
development.
Decision-Making Concerns
 Outside influences - Members interact with people in their
daily lives who wish to influence their
opinion or vote
 Good practice to refrain from
discussions, because interferes with due
process and inconsistent with the goals
of the open meeting law.
 If contact can't be avoided, explain that
it will be reported at the public meeting.
Living with Your Tools
 You must live by your ordinances,
rules and comp plan
 BUT – You can propose changes!
 Amendments are not that hard to do
 Be responsive to changing conditions
Review your Responsibilities
1)To represent the rest of the
community.
– How does the community give you
direction (2 ways)?
2)To educate yourself and others on
the issue(s).
3)To support the process and recognize
the roles of the other participants.
4)To make a defensible decision.
Things You Aren’t Required
to Do by Indiana Law...
• Loading up on sugar and caffeine before the
meeting.
• Turning off your cell phone during the public
hearing.
• Reading all staff reports.
• Visiting the site in person.
• Not snoring in the wee hours if a case is still
being heard.
• Making an annual report to the legislative
body.
Do Your Homework
 Review staff report before the
meeting
 Check background documents (Comp
Plan, Zoning Ordinance, SCO, etc.)
 Visit the site
 Arrive on time
Some Rules to Live By
 It isn’t “your job” to make applicant’s case --
it’s their job to prove they deserve it
 There is no maximum number of conditions
that can be attached to an approval, but if
there are lots, you may want to reexamine
whether the application is really ready and
justified
 Your job will be easier for you (and everyone
else) if everyone understands what you must
legally base your decision on
Are you Tough Enough?
 You can not legally decide requests
based on compassion, only on whether
the required criteria are met
 This does not mean that a PC or BZA
member should be cold, mean or rude
with an applicant, just that your
compassion should not guide your
decision
Other Assistance
 American Planning Association, Indiana
Chapter’s Citizen Planner Training Manual
– Download FREE, www.indianaplanning.org/citizen
– 10 chapters specific to Indiana for citizen planners
– DO IT YOURSELF (NO TRAINER)
 Nitty Gritty Training Sessions
 American Planning Association, Indiana Chapter
Annual Conferences
Citizen Planner Training Manual
1: Plan Commission Basics
2: BZA Basics
3: Avoiding Pitfalls
4: Communications
5: Rules of Procedure
6: Ethics
7: Comprehensive Plans
8: Zoning Ordinance
9: Subdivision Control Ordinance
10: Site Plan Review
Questions?
K.K. Gerhart-Fritz, AICP
The Planning Workshop
Communication + Education = Effective Planning
7829 Wawasee Court
317-598-0273
Indianapolis, IN 46250 [email protected]
Questions
Email:
[email protected]
Purdue University is an Equal Opportunity/Equal Access institution.
Purdue University is an Equal Opportunity/Equal Access institution.
Situations for Discussion
• Following are 2 situations for local
discussion.
• Each site choose 1 to discuss briefly
• Be ready to share the discussion and
any conclusions at your site
Purdue University is an Equal Opportunity/Equal Access institution.
Issue # 1
You have a strong relationship with
the official (Mayor, Commissioner)
who appointed you to the Plan
Commission. That official sees you as
“their person” on the Commission and
calls you to discuss issues to be sure
you have “their” perspective.
How do you handle this?
Adapted from Greg Dale’s presentation
Purdue University is an Equal Opportunity/Equal Access institution.
Issue # 2
Your recently adopted comp plan stresses
tourism. It promotes providing services to
support tourism. It promotes protecting scenic
highway corridors for tourists and residents.
Thousands of people visit a state park in your
county, where most cell phones don’t work.
A special exception petition is filed to build a cell
tower near the park, along the highway leading
to it, which can improve cell service in the park.
How would you respond?
Adapted from Greg Dale’s presentation
Purdue University is an Equal Opportunity/Equal Access institution.
Discussion at Sites
• Report back on Question 1
• Report back on Question 2
• Questions? E-mail during videotape
– [email protected]
Purdue University is an Equal Opportunity/Equal Access institution.
Let’s Go To The Videotape
• Greg Dale presented information on
Land Use Update, September 4, 2003,
called Ethical and Defensible Decision
Making
– This videotape can be obtained from
members of Purdue Land Use Team
– We will just show part of it to let you see
what’s available
Purdue University is an Equal Opportunity/Equal Access institution.
Greg Dale’s Decision Checklist
•
•
•
•
•
•
•
Notice
Opportunity to be heard
Full Disclosure
Unbiased Decisions
Timely Decisions
Complete Records
Clear Rules
Purdue University is an Equal Opportunity/Equal Access institution.
More Information Sources
• Purdue Land Use Team Publications
• Land Use Team Web Site
• www.ces.purdue.edu/landuse/
• Indiana Planning Association
– “Blue Book” – legal reference
Purdue University is an Equal Opportunity/Equal Access institution.
Q & A, Evaluation, Programs
• Next Quarterly Land Use Update
Monday, March 3, 7:00 p.m.
• Third Program, Thursday, June 19
• Fourth Program, Thursday, Sept. 11
• Thanks to Mike Ferree, Coordinator
• Safe and Warm Trip Home
Purdue University is an Equal Opportunity/Equal Access institution.