Transcript Rolling Up Our Sleeves: The Nitty Gritty Work of Plan

Rolling Up Our Sleeves:
The Nitty Gritty Work of
Plan Commissions
Tuesday, May 1, 2007
Boone County Fairgrounds
K.K. Gerhart-Fritz, AICP
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 do you think this is true?
Why do you plan?
• Brainstorm some personal reasons
why you do what you do -- it is okay if
your reasons differ from others...
Why Plan?
• It’s about being PROACTIVE, instead
of REACTIVE!
• If planners don’t plan, other groups
will do it for you!
• Each of you may have a different
reason for planning -- that’s okay!
• The bottom line is that Planning’s
Fundamental Goal is to improve our
community.
Why Plan -- Good Times
• Manage growth
• Plan for prosperity, more growth
• Make sure there are adequate
resources
Why Plan -- Bad Times
• Plan to use scarce resources wisely
• Can’t afford not to!
It all boils down to one thing...
• Planning's Fundamental Goal is to
improve our community
Philosophy of Planning
• One of the reasons communities plan is to
ensure that 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.
Planning Policymakers
• As public officials, you are trustees of the
future, and have a 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.
Comprehensive Plans
• Long-range (20+ years)
• Covers entire jurisdiction (and maybe
more)
• Traditionally addresses physical
elements
Comprehensive Plans
• Involves goal-setting
• Provides context for complex
decisions
• Continuing interactive process
Required Elements
I n I nd iana, co m pr eh e nsive planning is pe r m itte d b y
th e 5 0 0 S e r ie s of T itle 3 6 -7 -4 o f th e I nd iana C o d e .
A ny ad o pte d plan m u st co ntain at le ast th e f o llo w ing
th r ee e le m e nts:
1. A state m e nt o f o b je ctive s f or th e f u tur e
d e ve lo pm e nt o f th e jur isd ictio n.
2 . A state m e nt o f po licy f or th e land u se d e ve lo pm e nt
o f th e jur isd ictio n.
3 . A state m e nt o f po licy f or th e d eve lo pm e nt o f
pu b lic w ay s, pu b lic p lace s, pu b lic land s, pu b lic
str u ctur e s, and pu b lic u tilitie s.
Optional Comp Plan Elements
I n d ian a law pr o v id e s for a n u m b er o f o ptio n al
e le m e n ts, in clu d in g :
 par k s an d r e cre atio n
 f lo o d co n tr o l
 tr an sit
 n atu r al r e so ur ce pro te ctio n
 f ar m lan d pro te ctio n
 e d u catio n
 r e d e v e lo pm e n t of b lig h te d ar e as.
M o st co m pre h e n sive plan s in I n d ian a h av e so m e
o f th e se o ptio n al e le m e n ts.
Indiana Planning Law < other states
• Our minimum requirements for a
comprehensive plan are less complex
than in most other states. Our law
is flexible, so it can be used by large
cities, small towns, and counties. It is
also simple, because many Indiana
communities do not employ trained
professional planners and cannot
afford to hire consultants.
The Basic Planning Process
1. Evaluate existing conditions (strengths &
weaknesses, demographics, natural features, etc.)
2. Establish a vision, goals and objectives
3. Identify alternatives for achieving that future
4. Select the most desirable alternative
5. Devise and adopt tools to implement the plan
(zoning, subdivision control, capital improvement
programming, etc.)
6. Evaluate the success of the plan
7. Revise the plan
Who Does the Planning?
• In Indiana, it is the plan commission’s
responsibility to prepare and adopt a
plan and to recommend it to the city
or town council or county
commissioners for adoption.
• The plan commission may be assisted
by staff, by consultants, by
volunteers, or by any combination.
No Planning => No Zoning
• Indiana Planning Law prohibits
communities from regulating
development with zoning if they have
not first engaged in comprehensive
planning.
Comprehensive Plan Hierarchy
• There is a hierarchy of written plan
elements, from general (vision) to
detailed (objective).
Vision Statement
• A vision is a statement that reflects
local potential and makes a commitment
to future action. A vision generally
describes what the community wants to
be. It should be clear, succinct and
purposeful. It should be a statement
that everyone generally agrees with.
Hendricks County’s Vision Statement
Goals
• A goal is a concise statement that
describes in general terms, a desired
future condition.
• Goals are often organized by plan
topics, such as Agriculture, Growth
Management, Housing, Environment,
Transportation, Economic Development
and Parks & Recreation
Objectives
 An
ob jective
d escrib es
a
is
specific
a
statem ent
m easurab le
th at
future
condition th at is to b e attained d uring a
stated period of tim e.
 O b jectives are recom m endations on h ow a
goal w ill b e accom plish ed ; th ere should b e
at
least
statem ent.
one
ob jective
for
each
goal
Hendricks County Goal Example
• Goal 2.1: Coordinate planning efforts
county-wide.
Hendricks County Objective Example
3. Encourage compatible infrastructure
standards for ease of transition
between communities.
Comprehensive Plan Format
• No minimum or maximum size…
– the community that did a one-page plan
(identity kept secret to protect them) -not enough!
– Quality, not quantity! There are no extra
points for size, so produce a short,
concise, and easily read plan. Extra
incentive: Indiana law requires the plan
to be recorded and you may need to pay
by the page!
Comprehensive Plan Format
• To map or not to map?
– Most plans contain maps showing future
streets, desired future land use
patterns, and areas set-aside for parks
and open space. It is important to note,
however, that these maps are not
required in Indiana.
– Maps offer more guidance to plan
commission
Hendricks County’s Future Land Use Plan
Hendricks County’s Transportation Plan
Hendricks County’s Trails & Greenways Map
Comprehensive Plan Format
• Can be flexible (better) or rigid…
– Map Issues: The problem with using GIS
parcel-specific maps… Does it matter if
it is on the NW corner or the SE
corner?
– It is more important to establish the
principle that a school should be located
in a certain area than to designate the
specific site for the school. Locations
should be approximate, not exact.
Form of the Comprehensive Plan
• Know who will be using it:
–
–
–
–
Elected officials
Plan Commission and BZA
Citizens
Developers
Form of the Comprehensive Plan
• Make it user-friendly! -Organization:
– Make use of appendices
– Include a summary
Hendricks County -- Summary of Plan Issues
Form of the Comprehensive Plan
• Make it user-friendly -- Use Illustrations:
Form of the Comprehensive Plan
• Make it user-friendly -- Use
Examples:
Form of the Comprehensive Plan
• Make it user-friendly -- Use Plain
English:
– No planning jargon (unless it is explained
right there)
– Don’t make it sound like an attorney
wrote it
You’re unique -- just like everyone else...
Plans help a community achieve a character of
its own, one that residents of the community
recognize and support.
Can’t we just use someone else’s plan?
I f all o u r c o m m u nitie s w e r e th e sa m e , o n e p lan w o u ld w o r k
f o r all. M any I nd ia na c itie s, to w n s, a nd c o u nt ie s h av e a
d istinc t c h ar ac te r th at m ak e s th e m d if f e r e nt. A t titu d e s
and valu e s also d if f e r , and a g o o d p la n w ill r e f le c t th e lo c al
c u ltu r e . D isc us sio n: T h ink o f t w o I nd ia n a c o m m u nitie s th at
ar e ver y d if fer e nt.
It’s not over when it’s over...
• These steps are part of a continuing
process. Plans must be evaluated,
changed and updated as the
community changes. These changes
can be gradual (demographic trends,
technological change, or slow
economic growth or decline) or
sudden (location of a LULU, loss of a
major employer, or a natural disaster)
Planning Rules
• Participatory
Rule #1 -- Invite everyone to the table
(especially the difficult folks)! Citizens need
to feel ownership for plan to succeed.
Planning Rules
• Engaging/Involving
Rule #2 -- The process is just as important
as the final product (the plan).
Planning Rules
• Democratic
Rule #3 -- Everyone needs to be represented
(make sure your steering committee reflects
your community). Don’t confuse getting a
community consensus with a show of hands at
a public meeting...
Planning Rules
• Stewards Resources
Rule #4 -- Educate citizens on what the
issues and impacts are, so they can make wise
decisions.
Implementation Tools
Zoning
 one of the 2 major implementation
tools for your comprehensive plan -What is the other one?
 the basic way that your community
can control how land is developed
Raise your hands...
I want my neighbor to start up a
junkyard business.
a)yes
b)no
c)unsure
The "Z" Word
The division of a municipality or county
into districts for the purpose of
regulating the use of _________
land.
a) government owned
b) private
c) undeveloped
d) all
Why we have Zoning
• The principle objective of zoning
was to ensure that commercial and
industrial development was
segregated from residential areas.
Is that still necessary?
Zoning Quiz
Zoning is an expression of ____ power.
a)fire
b)police
c) super
The concept of zoning came to the USA
from:
a)Pre-WWI Germany
b)Communist Russia
c)Mars
Feel the Power...
Zoning has the power to regulate activity
by private persons for the health,
safety, morals and general welfare of
the public. That power is delegated to
the state by the federal system, and
local governments only have that 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.
IN the Zone
Indiana's enabling legislation says when a
legislative body adopts a zoning ordinance, it
shall be for the purposes of:
– securing adequate light, air, convenience of access,
and safety from fire, flood, and other danger;
– lessening or avoiding congestion in public ways;
– promoting the public health, safety, comfort, morals,
convenience, and general welfare; and
– otherwise accomplishing the purposes of the law
How it Works
• The text of the zoning ordinance
specifies the permitted uses and
developmental standards (building size
regulations, setbacks, parking standards,
etc.) for each zoning district
• While maps in a comp plan are optional,
they aren’t for zoning. Indiana law
requires a map, showing the districts into
which the jurisdiction is divided.
Know Your Zones
"Common zones within a planning
department include demilitarized
(DMZ), erogenous, and twilight."
- From the Plannerese Dictionary by Ric
Stephens
• How many zones do you have?
– Columbus has 41 zoning districts
– Bartholomew County has 15+ zoning
districts
IC 36-7-4-603 Rezoning Criteria
The plan commission and the legislative body
shall pay reasonable regard to:
(1) the comprehensive plan;
(2) current conditions and the 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
Updating the Zoning Ordinance?
• Immediately after adopting a new
comprehensive plan -- why?
• To address new land uses
• If your BZA has a record of granting
certain variances repeatedly
• Other examples?
When it's not needed, zoning works fine; when it is
essential, it always breaks down.
Variances
• Relief valve for zoning ordinance
• Two types:
– Variances from developmental standards
– Use variances (not available to area plan
commissions)
Which one are you?
BZA members often fall into two extreme
camps:
• those that believe that variances should never
be granted because everyone should play by
the same rules
• those who have listened to attorneys for the
petitioner tell them that it is the BZA's job to
grant variances!
A happy medium is the best attitude: variances
should be granted, but only when warranted.
Developmental Standards Variance
Criteria per IC 36-7-4-918.5
(1) the approval will not be injurious to the public
health, safety, morals, and general welfare of the
community
(2) the use and value of the area adjacent to the
property included in the variance will not be
affected in a substantially adverse manner
(3) the strict application of the terms of the zoning
ordinance will result in practical difficulties in the
use of the property
Use Variance Criteria per IC 36-7-4-918.4
(1) the approval will not be injurious to the public
health, safety, morals, and general welfare of the
community
(2) the use and value of the area adjacent to the
property included in the variance will not be
affected in a substantially adverse manner
(3) the need for the variance arises from some
condition peculiar to the property involved
Use Variance Criteria per IC 36-7-4-918.4
(4) 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
(5) the approval doesn't interfere substantially with
the adopted comprehensive plan
Variance Cautions
• Don’t grant unless all criteria are
met
• Don’t allow to be used as a “backdoor
rezoning”
• Make your local developmental
standards criteria more restrictive -getting a variance should not be easy
• Consider defining some of the terms
Additional Criteria
… yo ur lo cal o r d in an c e m ay e sta b lish a stricte r
stan d ar d t h an t h e "p r act ic al d ifficultie s"
stan d ar d p re s crib e d b y state law .
E x am p le s o f e x tra d e v e lo p m e n tal s tan d ar d s
crite r io n :
 T h e v arian c e g r an te d is t h e m in im u m
n e ce s s ary .
 T h e v arian c e g r an te d d o e s n o t co rre ct a
h ar d s h ip c au s e d b y an o w n e r, p re v io u s o r
p re s e n t, o f th e p ro p e rt y .
What does it mean?
Monroe County's BZA defines practical difficulties:
• Significant economic injury that:
(A) Arises from the strict application of the Zoning
Ordinance to the conditions of a particular, existing
parcel of property;
(B) Is not as significant as the injury associated with
hardship, that is, it does not deprive the parcel owner of
all reasonable economic use of the parcel; and
(C) Is clearly more significant than compliance cost.
• They also defined unnecessary hardship
The 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
Raise your Hand
I want my community to grow in a
____________ manner.
a)orderly
b)chaotic
• Subdivision regulations have
most impact in areas that
undeveloped.
the
are
SCO Insures 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 Indiana 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
• What are the advantages and
disadvantages of allowing these
exceptions?
What does your
community do?
Types of Subdivisions
• Major -- usually a lot number
threshold and public infrastructure
extensions (i.e., roads, sewer)
• Minor -- typically approved by a plat
committee
What is a Conservation Subdivision?
A c luste r o r c o n se rva tio n su b d ivisio n
g e n e ra lly site s sin g le -fa m ily h o m e s o n
sm a lle r p a rc e ls o f la n d , w h ile th e ad d itio n a l
la n d th a t w o u ld h a ve b e e n a lloc a te d to
in d ivid ua l lo ts is c o nve rte d to co m m o n op e n
sp a c e fo r th e su b d ivisio n re sid e n ts.
What does a Conservation
Subdivision look like?
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
Making a Decision
• What are relevant issues in a
subdivision hearing?
• Previous and future uses, street
standards, street patterns, traffic,
sidewalks, drainage, flooding, soil
conditions,
topography,
lighting,
provision of services, lot layout,
street names, easements, utilities….
Making a Decision
• What
isn't
appropriate
in
a
subdivision hearing?
• Sentiment (children playing ball on it
now, losing your pretty view),
emotions (don't like the applicant),
rehashing the past, subjectivity
Subdivisions aren’t Subjective
• If a proposed subdivision plat meets
all the ordinance standards, the
plat must be given primary approval
N ote: if an acceptab le m eth od for solving a prob lem
is proposed , th en is it still a prob lem ?
Modifying Subdivision Regulations
You can set up a process in your SCO to waive
standards. Set some criteria -- examples:
– Not detrimental to public health, safety,
welfare;
– Adjacent property not be adversely affected;
– Justified because of exceptional topographic or
physical conditions unique to property (not
inconvenience or financial hardship);
– Consistent with intent of ordinances and the
comprehensive plan;
– Condition necessitating the modification was
not created by owner or applicant
Findings of Fact
• IC 36-7-4-707 requires the plan
commission or plat committee to make
written findings for either an
approval or denial of a plat. For a
denial of a plat, the findings must set
forth your reasons for that denial.
Y our sub d ivision pla t d e cision w ill outlive you - m a ke sure it is a good le ga cy.
Growth Management
True or False:
• No one in Indiana is doing growth
management -- that all happens in
Florida, California and communist
countries...
Avon’s Growth Management Plan
Priority Growth Area: Infill Development
• Infill development areas are selfexpanding, based on the following criteria:
3.Road system with a level of service (LOS)
of C or above. Level of Service is a rating
system used by traffic engineers to
describe operational conditions along a
segment of road.
Other Indiana Attempts
• Winfield’s Growth Management Plan
• Zionsville’s Permit limits
Open Space
• Everybody likes this!
• Preserving open space tends to be top
priority for Indiana communities -typically a big goal in the comp plan
How do we get Open Space?
• Zoning District standards
– what qualifies as open space?
• Conservation Subdivisions
• Impact Fees
Does it matter if the open space is
public or private? Why or Why not?
Legal Issues
Running a Meeting
• Months of effort (and a good plan)
can be lost in a few minutes if the
public hearing gets out of hand.
Your Responsibilities
1)To represent
community.
the
rest
– How does the community
direction (2 ways)?
of
the
give
you
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.
What's a plan commissioner to do?
• Which are not plan commission duties
listed under IC 36-7-4-405?
• 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.
Indiana Law Plan Commission Duties
• Preparing a comprehensive plan
• Preparing a zoning ordinance and a subdivision control
ordinance
• Making recommendations to the legislative body on
proposals to amend the text of the zoning ordinance or
subdivision control ordinance.
• Making recommendations to the legislative body on
proposals to amend the zoning map (rezonings).
• Approving or denying proposals to subdivide land based
upon compliance with the subdivision control ordinance.
• Approving development plans.
• Assigning street addresses.
Top 10 reasons to be a plan commission member:
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
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
Taking Care of Business
Indiana law requires the plan commission to
do the following to carry out its function:
 Adopt rules for the operation of the
commission.
 Keep a complete record of proceedings.
 Adopt a seal.
 Assume responsibility for maintaining files
and records.
 Certify all official acts.
Staff may handle many of the administrative functions.
Breaking All the Rules?
• Indiana law requires every plan
commission to adopt rules of
procedure.
• Have you seen your rules lately?
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Meeting times and Duties of officers and staff
Establishment of committees
Order of business
Application procedures (deadlines, fees, etc.)
Definition of interested parties
Notice requirements
Hearing procedures
Time limits on testimony
Continuances
Conflicts of interest
Communications outside of meetings
Decisions
Commitments and conditions
Amendments
Suspension of rules
What’s
Typically
Covered in
Rules?
Public Meeting vs. Public Hearing
• 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
• 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
Meeting Time
• Traditionally evening meetings -- does
this still make sense?
• Make it a regular meeting time, but
be flexible enough to change the time
in a particular situation, or to hold
more than one meeting on the same
topic to give ample opportunity for all
those who want to participate.
Meeting Place
• A suitable meeting room will be
conveniently located, accessible to
persons with disabilities, large
enough, and will have good acoustics.
• The commission may occasionally need
to change the regular meeting place
to accommodate an exceptionally
large crowd.
Chairing the Meeting

M u st fu lly u nd e rstand th e co m m issio n’s
ru le s a nd fo llo w th e m ca re fu lly .

D o no t b e a fra id to u se a g a vel!
D iscussio n sh o uld sta y fo cus e d o n re le va n t
issue s. D o n 't a llo w que stio n s o r co m m e n ts fro m
a n y o n e a b o ut e x tra n e o us issue s - - r ule a n y suc h
co m m e n ts o ut o f o r d e r. I f y o u a llo w d is cussio n
o f e x tra n e o us issue s, th e a u d ie n ce is m isle d in to
b e lie vin g th e co m m issio n h a s a uth o rity in th o se
m a tte rs.
Typical PC 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
• 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).
Role of Members at the Meeting
• 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
Quiz: Do your Meetings have Meaning?
• Are you so comfortable that you have become apathetic?
• Has the hectic pace caused you to lose sight of your
purpose?
• Are you overwhelmed by choices and without direction?
• Have you gotten too big for your britches?
• Does your leadership inspire you?
• Are you afraid to say something that might rock the
boat?
• Are you just plain tired?
Meeting and Hearing Conduct
• The commission should display and demand good
manners. The president should discuss this
behavior as part of the opening remarks:
– Address all comments and questions to the Plan
Commission President
– Address everyone with title of respect (Mr. Ms. etc.)
– Use a polite business like tone and manner (no yelling,
smirking, eye rolling, etc.)
– No side conversations or whispering by anyone
– No personal attacks
– No threats
– No applause (it’s distracting and intimidating)
HOW TO CONDUCT YOURSELF
• Don't be difficult yourself
• Don't act like a big shot
• Don't be more formal than necessary -- try
to put people at ease
• Treat others the way you want to be
treated (the golden rule)
• No preconceptions -- really listen, then
form your opinion
• Never forget that you have an audience!
Public Comment
• Public hearings should be formally
opened and closed, and no public
comment should be taken at any time
other than during the hearing
• The president should be empowered
to cut off lengthy, irrelevant or
repetitive comments -- rules can set a
time limit or provide the authority to
impose time limits when necessary
To Sign-In or Not to Sign-In
• Sign-in sheets eliminate the feedingfrenzy approach to public meetings, where
people become agitated by a comment
made by someone else and then rise to
speak.
• Testimony is usually more relevant and
thought through if speakers sign up in
advance.
• Sign-in sheets also provide a record of
participants.
Decision-Making Concerns
• After a public hearing is concluded,
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 -- Commission
members do not want to offend their
colleagues or appear to be
unconventional or uncooperative.
Commission members should be
appointed to represent a variety of
views, and there is no reason why
decisions should always be unanimous.
Decision-Making Concerns
 Public Pressure -- It is difficult to make a
decision unpopular with a room full of people,
especially in small towns. The audience isn’t
always right; it doesn’t represent the
community as a whole. Proposed land use
changes generate emotional rather than
rational responses from many people. It is the
plan commission’s job to sort through evidence
and testimony and make reasoned decisions.
Decision-Making Concerns
 Developer & Business Pressure -Developers and business people represent
a particular view, aimed at reducing their
costs and increasing their profits. The
community does not have to accept
inappropriate development in order to
provide profits for a developer. The
commission must review proposals on
their merits.
Decision-Making Concerns
 Political Pressure -- Occasionally, elected
officials will lobby plan commissioners for
votes. Members appointed or hired by elected
officials may feel obligated to vote as these
officials request. Plan commissions are
intended to be independent bodies, and as a
matter of personal ethics and conscience,
commission members are obligated to cast
votes that in their judgment promote good
planning.
Decision-Making Concerns
 Compromise -- Plan commissioners want to
find a middle position between developers and
opponents. However, compromise can leave
everyone unhappy when neither side gets what
it wants. Developers quickly learn the
compromise game, so they ask for more than
they want or expect, in order to end up with
the project they initially desired. Compromise
is not bad if the commission can broker a winwin solution, but 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
the commission member’s opinion or vote on a
proposal. It is good practice to refrain from
such discussions, because they interfere with
due process and are 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. If these conversations aren't
reported, commission members cast their votes
based on different information.
Voting
• Indiana law provides that plan commission
actions are official only if carried by a
majority of all of the members of the
commission, regardless of how many
members are present.
• Don't let members abstain from voting in
controversial cases. Taking the easy way
out is unfair to the rest of the
commission
K.K. Gerhart-Fritz, AICP
The Planning Workshop
Communication + Education = Effective Planning
7829 Wawasee Court
317-598-0273
Indianapolis, IN 46250 [email protected]