Transcript Beyond Basics: Making Informed Public Decisions Quarterly Land Use Update March 7, 2005

Beyond Basics: Making
Informed Public Decisions
Quarterly Land Use Update
March 7, 2005
Welcome to the Program
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Mark Spelbring, Extension Educator,
Parke County Plan Commission
Dave Osborne, Extension Educator,
Ripley County Plan Commission
Jamie Palmer, A.I.C.P., Policy Analyst
Center for Urban Policy & the
Environment
Video Seminar Series
Sponsors
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Purdue Extension Land Use Team
Indiana Land Resources Council
Indiana Planning Association
Indiana Farm Bureau, Inc.
Ball State University, College of
Architecture and Planning
Seminar Series Endorsed by
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Indiana Association of Cities and Towns
Association of Indiana Counties
Indiana Rural Development Council
Metropolitan Indianapolis Board of
Realtors
LEGISLATIVE UPDATE
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Remember that state laws govern how
local planning and zoning works
Jamie Palmer follows legislation and will
report on the current session
2005 Indiana Legislation
Jamie L. Palmer, AICP
Indiana Planning Association
Process
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~1,500 bills proposed; 150+ have some
connection to land development and
planning
Most die without a hearing
Deadline for passing house of origin has
passed
Germaneness
2005 Issues
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Government restructuring
Planning and zoning
Annexation
Agriculture and forestry protection
Other
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TIF and tax abatement
Manufactured/mobile homes
Keeping Track
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Indiana General Assembly web site
(www.in.gov/legislative/)
Indiana Planning List Serv (requires IPA
membership)
What is Planning?
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A “plan” for getting from the present to
the desired future
Deciding in advance, what to do, how
to do it, and especially where to do it
Community decisions about where
things should be located, instead of
everything being decided individually
What is Zoning?
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A tool to implement your plan
Zoning without a plan makes no sense,
since it is a tool to implement the plan
Zoning comes from “Police Powers” of
government, and protects all citizens by
limiting what citizens can do with land
Powers are limited to public purposes
Who are the Players?
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Legislative Bodies
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County Commissioners
City/Town Councils
Fiscal Bodies
Planning Director and/or Staff
Plan Commission
Board of Zoning Appeals (BZA)
Plan Commission
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Role – Advisory and Law Administration
Prepare Comprehensive Plan
Prepare Zoning Ordinance
Prepare Subdivision Ordinance
Approve/Deny Subdivisions
Make Recommendations on Proposed
Changes to Zone Maps, Ordinance Text,
and Comprehensive Plan
What is the Plan Commission?
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Independent commission
Mainly private citizens
Appointed by elected officials
No legislative authority
Little administrative authority
Advisor to governing body
Note – elected officials have final
authority
Greg Dale’s Decision Checklist
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Notice
Opportunity to be heard
Full Disclosure
Unbiased Decisions
Timely Decisions
Complete Records
Clear Rules
Plan Commission Review 1
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Open Door Law
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Chance meetings, Site visits
Executive Sessions
Public meetings vs. public hearings
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Reference – Purdue Extension Publication
ID-232, “Plan Commission Public Hearings:
A Plan Commissioner’s Guide”
Plan Commission Review 2
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Motions – taking official action
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“Positive” motions
Approved motions
Defeated motions
Majority vote of full board
3 choices for recommendations
Plan Commission Review 3
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Consensus on procedural items
Voting processes
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Secret ballot
Paper ballot with decisions announced
Roll call – order of vote
Voice vote with split decisions followed up
with roll call vote
Plan Commission Review 4
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Rules of Procedure or By-Laws
Should spell out these details
Attendance of members
Conflicts of interest
Ex parte communication
Behavior of all participants
Plan Commission Review 5
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You must live by your ordinance
BUT
You can propose changes if needed!
Amendments are not that hard to do
Be responsive to changing conditions
Mock Meeting Script 1
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Rezoning Request from Agriculture to
Business
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Read Script
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Discuss and Share
Mock Meeting Script 2
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Planned Unit Development
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Read Script
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Discuss and Share
Board of Zoning Appeals - BZA
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Role – Quasi Judicial
Hear Appeals of Administrative
Decisions
Approve/Deny Special Exceptions
Approve/Deny Contingent/Conditional
Use
Approve/Deny Variances
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Variance of Standards/Use Variance
Board of Zoning Appeals 1
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NOT same as Plan Commission
Shared members enhance
communication
No members are elected officials
Not just recommendations – BZA makes
final decisions!
Decision appeals go directly to court
Ex parte communications illegal
Board of Zoning Appeals 2
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IC 36-7-4-900 series
Why were they created?
Hear appeals to administrative decisions
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Safety value against abuse of power
Decisions made by peers
Board of Zoning Appeals 3
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Ordinance specifies special exceptions
Ordinance specifies contingent and/or
conditional uses
Variance of standards
Variance of use – not in Area Plan
BZA must decide all such petitions
Special Exceptions
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A use anticipated in a district, but which
requires special review before approval
Finding of Facts
Approval of all points required
If all points approved, must be
approved
Conditions can be added
Variance of Standards
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Physical rules, such as height, setbacks
Any BZA can approve variances to
standards
3 required criteria to consider
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Practical difficulties
Always discretionary – not automatic,
even if all 3 criteria are satisfied
Variance of Use
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Only under Advisory Plan Commissions
Some see this as backdoor rezoning
5 required criteria to consider
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Unnecessary hardship
Approve specific use by specific person,
so approval expires if either changes
BZA Mock Meeting Script
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City Board of Zoning Appeals
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Variance of use application
Future Program Dates
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PLEASE COMPLETE EVALUATION
Thursday, June 16
Thursday, September 8
Suggestions are welcome!
Have a safe trip home