1. Purdue University is an Equal Opportunity/Equal Access institution. Welcome to The Plan Commission and BZA Quarterly Land Use Update January 23, 2008

2. Purdue University is an Equal Opportunity/Equal Access institution. Questions Email: ipevents@purdue.edu

3. 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

4. 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

5. 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

6. 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

7. Welcome to the Plan Commission & BZA 2008 Land Use Update Video Seminar Series K.K. Gerhart-Fritz, AICP

8. What I’ll Discuss: 4 What is Planning? 4 Who Does What? 4 Indiana Code Considerations 4 Tools 4 Common Issues 4 Questions & Answers

9. 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

10. 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

11. What is planning? Webster's New Collegiate Dictionary: 4 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” 4 Plan (the verb): "to devise or project the realization or achievement of …. To arrange the parts of…. To have in mind or intend"

12. What is planning? Multiple choice -- raise your hand: Planning is: a) A process b) A product c) Both

13. A Process and a Product... 4 The planning process can be just as important as the final plan document, if not more so!  Why is this true?

14. Why do communities plan? conservation of natural resources, farmland preservation, infill development and redevelopment, growth management, provide good transportation network, fiscal decision- making, think about future generations, provide recreation choices, historic preservation, a variety of housing, good drainage, public safety, good schools, utility access, NIMBYs and LULUs….

15. Why Plan? 4 It’s about being PROACTIVE, instead of REACTIVE! 4 Even if local officials don’t plan, other groups are still doing it (utilities, state hwy, etc.) 4 Everyone may have a different reason for planning -- that’s okay! 4 Planning’s fundamental goal is to improve your community

16. Why Plan -- Good Times 4 Manage growth 4 Plan for prosperity, more growth 4 Make sure there are adequate resources 4 Preserve resources

17. Why Plan -- Bad Times 4 Plan to use scarce resources wisely 4 Can’t afford not to!

18. Philosophy of Planning 4 One reason communities plan is to ensure the needs of the whole community are considered, not just benefits to individuals. 4 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.

19. You are a Public Official & a Planning Policymaker! 4 Public officials: –trustees of the future –responsibility to help prevent growth patterns that result in wasteful and inefficient use of public resources 4 When communities plan: –they establish and implement a public policy for the community –they create a guideline for decisions on development

20. Government Framework 4 Planning & Land Use Control -- Local 4 Parameters Set by Enabling Act -- State

21. Local Planning Structure 4 Governing Body –County Commissioners –Town Council –City Council 4 Plan Commission 4 Board of Zoning Appeals

22. Local Governing Body  Role – Law Making 4 Elected 4 Power to adopt comprehensive plan –IC 36-7-4-509 4 Power to adopt zoning ordinance 4 Power to approve rezonings 4 Power to adopt subdivision ordinance 4 Appoints some board & commission members

23. Plan Commission 4 Role -- The Land Use Experts 4 Appointed/serve by virtue of position 4 Prepares Comp Plan (IC 36-7-4-501) 4 Prepares Zoning Ord (IC 36-7-4-602a) 4 Prepares Subdivision Ord (IC 36-7-4-701b) 4 Provides Zoning Map Recs (IC 36-7-4-602b) 4 Provides Comprehensive Plan Recs  Subdivision Plat Approval

24. Types of Plan Commissions 4 Advisory -- May be county or municipality 4 Area -- County joins with at least 1 municipality 4 Metropolitan -- Indianapolis

25. Types of Plan Commissions 4 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

26. Board of Zoning Appeals 4 Role -- Quasi-Judicial “Relief Valve” 4 Appointed 4 Power to Hear Appeals of Administrative Decisions 4 Power to Grant Variances from Zoning Ordinance 4 Power to Grant Special Exceptions/ Conditional Uses

27. Other Players 4 Fiscal Body 4 Planning Staff 4 Citizens 4 Applicants

28. Fiscal Body 4 Role – Financial Support 4 Appropriate funds for operation 4 County Council or City/Town Council 4 May appoint members and may be one member of Plan Commission  May appoint member of BZA

29. Planning Staff 4 Role – Administration of the Law 4 Staff for Plan Commission and BZA 4 Administers zoning ordinance 4 Interprets zoning ordinance 4 Keep records and maps 4 Prepare staff report -- can make recommendation 4 Train and educate PC & BZA 4 Appointment – depends upon law

30. Citizen 4 Not just a taxpayer or a voter -- get involved and be informed 4 Your responsibility to try to get them involved 4 Input through public hearings -- help them give you relevant info by explaining what you must consider 4 Input through comp plan -- promote public participation

31. Applicant 4 Provide complete application 4 Prove their case

32. Confused? 4 Many players on planning & zoning teams –All are public officials –Each has a job to do –Each should only do their own job 4 Teamwork is critical to success –Public debate strengthens government –Public bickering will destroy public trust

33. Tools You Need to Know 4 Comprehensive Plan 4 Zoning Ordinance 4 Subdivision Ordinance 4 Rules of Procedure

34. Comprehensive Plan 4 Long-range (20+ years) 4 Covers entire jurisdiction (and maybe more) 4 Traditionally addresses physical elements, but may get into economic & social

35. Comprehensive Plan 4 Involves goal-setting 4 Provides context for complex decisions 4 Continuing interactive process

36. Indiana Code Requirements 4 IC 36-7-4-500 series 4 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

37. Indiana Code Options 4 Parks & recreation, flood control, transit, natural resource protection, education, farmland protection, redevelopment of blighted areas, etc. 4 Maps 4 Most Comprehensive Plans contain optional elements

38. More on Comprehensive Plans 4 Plans should be reviewed regularly and updated periodically -- how old is yours? 4 Comprehensive plan is a guideline 4 The plan commission is responsible for the plan, but may be assisted by staff, by consultants, by volunteers, or by any combination 4 Ordinances should match comp plan

39. Why we have Zoning  The original objective of zoning was to ensure that commercial and industrial development was segregated from residential areas.

40. 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

41. IN the Zone Zoning has the power to regulate activity by private persons for the health, safety, morals and general welfare of the public.

42. 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.

43. How it Works 4 Indiana law requires a map, showing the districts into which the jurisdiction is divided. 4 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

44. 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.

45. Rezoning Process 4 The plan commission holds a public hearing and makes a recommendation to the legislative body 4 The legislative body (county commissioners or town/city council) makes the final decision 4 Rezoning can be initiated by local government or property owner

46. 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

47. BZA Caution 4 Planning staff may file a staff report with the BZA relating to the case 4 No one else may contact any BZA member before the hearing with intent to influence the member's action per Indiana Code

48. Variances 4 BZA has final authority 4 Relief valve for zoning ordinance 4 Two types: –Variances from developmental standards –Use variances (not available to area plan commissions)

49. Development Standards Variance Criteria 4 IC 36-7-4-918.5 4 the approval will not be injurious to the public health, safety, morals, and general welfare of the community

50. Development Standards Variance Criteria 4 the use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner

51. Development Standards Variance Criteria 4 the strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property

52. 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.

53. Use Variances -- Not for Area Plan Commissions 4 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

54. Subdivision Control Ordinance 4 One of the 2 major implementation tools for your comprehensive plan -- What is the other one? 4 A basic way that your community can control how growth occurs 4 Have the most impact in undeveloped areas

55. 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.

56. Other Standards State law says the subdivision control ordinance may also include standards for: 4 the allocation of areas to be used as public ways, parks, schools, public and semipublic buildings, homes, businesses, and utilities 4 any other standards related to the purposes of that chapter of law

57. What is a subdivision plat? 4 Communities define differently 4 In some places every parcel split is a subdivision and must go through the process, in others, there are exceptions to the subdivision process

58. Types of Subdivisions 4 Major -- usually a lot number threshold and public infrastructure extensions (i.e., roads, sewer)  Minor -- typically approved by a plat committee

59. The Subdivision Process 4 Plan Commission makes final decision (no trip to legislative body except for right-of-way dedication) 4 May delegate authority to a plat committee 4 Typically review and recommendation from a technical committee

60. Subdivision Criteria 4 Each community may set own standards -- take advantage of this!  Make sure ordinance says standards are minimums

61. Subdivisions not Subjective 4 If a proposed subdivision plat meets all the ordinance standards, the plat must be given primary approval

62. BZA & PC Common Issues 4 Rules of Procedure 4 Findings of Fact 4 Public Hearings & Dealing with the Public

63. Rules of Procedure 4 Indiana Code requires them 4 Contents: applications, notice, conduct of hearings, attendance of members, conflicts of interest, ex parte communication, behavior of all participants, etc. 4 Make sure you have copy 4 Follow them!

64. What’s in Rules of Procedure? 4 Meeting times and Duties of officers and staff 4 Establishment of committees 4 Order of business 4 Definition of interested parties 4 Notice requirements 4 Hearing procedures 4 Time limits on testimony 4 Application procedures (deadlines, fees, etc.)

65. What’s in Rules of Procedure? 4 Continuances 4 Conflicts of interest 4 Decisions 4 Commitments and conditions 4 Amendments 4 Suspension of rules  Communications outside of meetings

66. Findings of Fact 4 Indiana Code requires them 4 Base on criteria, with a “because” 4 Must adopt 4 Develop at hearing –Make applicant address –Worksheet for board/commission –Staff recommendation

67. Public Hearings & Dealing with the Public 4 Months of effort (and a good proposal) can be lost in a few minutes if the public hearing gets out of hand

68. Public Hearings & Public Meetings 4 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. 4 A public hearing is a formal proceeding to receive public comment on a particular matter, such as a rezoning or a comprehensive plan.

69. A Word About Public Hearings 4 Legal requirement and obligation to your citizens 4 Not an ideal forum for communication -- more formal and structured than a public meeting 4 Public hearings specified by law may not be enough -- we aren't just trying to meet the minimum legal standards

70. A Word About Public Hearings 4 Purpose is to hear testimony -- not a forum for public debate. 4 If you do it right, you can also use a public hearing for education and to gain support for the plan 4 If you desire dialogue, discussion or negotiation, schedule a public meeting first

71. Chairing the Public Hearing

73. Typical President’s Routine 4 Welcome and introduction of body 4 Explain purpose of meeting and ground rules 4 Explain what is on the agenda and how the meeting will work (time limits, etc.) -- warn them about any continuances

74. Typical President’s Routine 4 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 4 Keep control of the meeting -- be firm when necessary and make sure all remarks go through you (not between opponents and proponents).

75. Member’s Role at the Hearing 4 Be familiar with the material -- don't open your packet at the meeting 4 Have a public discussion -- don't pass notes or whisper 4 Explain yourself -- why are you voting this way? 4 Make sure your input is meaningful

76. Oh Behave! 4 Display and demand good manners 4 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.)

77. Decision-Making Concerns 4 After a public hearing, the plan commission must arrive at a decision or recommendation. 4 The issues often are complicated, and decision-making is likewise difficult.

78. 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.

79. 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.

80. 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.

81. 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.

82. 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.

83. 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.

84. Living with Your Tools 4 You must live by your ordinances, rules and comp plan 4 BUT – You can propose changes! 4 Amendments are not that hard to do 4 Be responsive to changing conditions

85. 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.

86. 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.

87. Do Your Homework 4 Review staff report before the meeting 4 Check background documents (Comp Plan, Zoning Ordinance, SCO, etc.) 4 Visit the site 4 Arrive on time

88. Some Rules to Live By 4 It isn’t “your job” to make applicant’s case -- it’s their job to prove they deserve it 4 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

89. Are you Tough Enough? 4 You can not legally decide requests based on compassion, only on whether the required criteria are met 4 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

90. Other Assistance 4 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) 4 Nitty Gritty Training Sessions 4 American Planning Association, Indiana Chapter Annual Conferences

91. 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

92. 4 Questions?

94. Purdue University is an Equal Opportunity/Equal Access institution. Questions Email: ipevents@purdue.edu

95. 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

96. 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

97. 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

98. Discussion at Sites Report back on Question 1 Report back on Question 2 Questions? E-mail during videotape –ipevents@purdue.edu Purdue University is an Equal Opportunity/Equal Access institution.

99. 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

100. 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

101. 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

102. 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