Implementation: Zoning, Subdivisions & Decisions

Transcription

1 Implementation: Zoning, Sbdivisions & Decisions IACC CONFERENCE, NOVEMBER 30, 2016, INDIANAPOLIS K.K. GERHART-FRITZ, FAICP, PRESIDENT, THE PLANNING WORKSHOP, INC

2 4 Docments Yo Need: 1) Comprehensive Plan 2) Zoning Ordinance 3) Sbdivision Ordinance 4) Rles of Procedre (Meetings) or a Unified Development Ordinance

3 Top 2 Implementation Tools for the Comprehensive Plan Best (or worst) way to implement yor comprehensive plan: 1) Zoning Ordinance 2) Sbdivision Ordinance Note: These 2 docments may be combined into a Unified Development Ordinance (UDO) more later

4 Zoning & Sbdivision (or UDO) Ordinance Updates If ordinances are pdated to match yor comp plan goals, ftre land se plan, etc. then they become the major implementation tools for yor comprehensive plan: What happens if they are not pdated?

5 Planning Rles Rle #1 Always follow a Comprehensive Plan pdate with Zoning & Sbdivision Ordinance Updates. Conty Commissioners adopt these ordinances like any other local law.

6 What is Zoning? Optional in Indiana -- can t have zoning withot comprehensive plan Zoning is a local law Divides commnity into zoning districts on a zoning map Property owner (51%) or local government may initiate rezoning of property (zoning map amendment) Local government typically initiates changes to zoning ordinance Reglations for Use and Development Standards (height, setbacks, parking, etc.) for each of those Zoning Districts are contained in the Zoning Ordinance Each commnity creates their own zoning districts and their own standards for those districts

7 Indiana Code Zoning Ordinance Content Indiana's enabling legislation says when a legislative body adopts a zoning ordinance, it shall be for the prposes of: secring adeqate light, air, convenience of access, and safety from fire, flood, and other danger; lessening or avoiding congestion in pblic ways; promoting the pblic health, safety, comfort, morals, convenience, and general welfare; and otherwise accomplishing the prposes of the law

8 Ordinance Update Strategy Keep p to date with reglar amendments State and Federal Law & Cort Decisions New land ses Changes in best practices, technology Look at gray areas & BZA cases Ask Plan Commission and staff to review ordinances annally

9 Ordinance Update Strategy After Comprehensive Plan, consider which of these makes most sense for yor commnity? New Unified Development Ordinance Separate Updates to Zoning & Sbdivision Ordinances PROS CONS One process May be cost savings Shared ordinance sections More ser-friendly Takes longer to get done New, edcation reqired One prodct done faster Can spread cost ot Used to 2 ordinances Risk to 2 nd ordinance pdate Repetition May cost more

10 Ordinance Update Strategy If doing separate ordinance pdates, what shold yo do first? Comp Plan shold inclde implementation/action plan with list of needed pdates Yo may do both ordinance pdates at once. What can be done in-hose? May be able to do series of amendments instead of complete overhal of ordinances Sbdivision Ordinance generally less sbjective, more technical, so may be easier to start with. May also be less costly to hire ot than ZO.

11 Variances Relief Valve for Zoning Two types à BZA: 1) Variances from developmental standards 2) Use variances (not available to Area Plan Commissions)

12 IC Rezoning Criteria Conty Commissioners make final decision on rezonings, after receiving recommendation from Plan Commission. The plan commission and the legislative body shall pay reasonable regard to: (1) the comprehensive plan; (2)crrent conditions and the character of crrent strctres and ses in each district; (3) the most desirable se for which the land in each district is adapted; (4) the conservation of property vales throghot the jrisdiction; and (5) responsible development and growth. FOLLOW LEGAL CRITERIA

13 Disagreeing with the Plan Commission Recommendation - Rezoning Plan Commission mst send yo a certified recommendation on rezonings yo have 90 days to act If yo reject, it is not adopted as an ordinance If yo do not act, Plan Commission recommendation stands Note: IC amended in 2016 to add alternate procedre for changing zone maps

14 Disagreeing with the Plan Commission Recommendation Zoning & Sbdivision Ordinances Plan Commission mst send yo a certified recommendation on Zoning or Sbdivision Ordinance adoption or amendment yo have 90 days to act If yo approve, it is adopted as law If yo do not act, Plan Commission recommendation stands Per IC (& IC (b)), if yo reject or amend, it mst be retrned to Plan Commission with a written statement of the reasons for the rejection or amendment. Plan Commission has 45 days to consider and report back to yo. If they don t agree, yo mst vote again.

15 What are Sbdivision Reglations? Optional in Indiana Determine what constittes a Sbdivision Sbdivision Control Ordinances are a local law Property owner initiates sbdivision of property Local government typically initiates changes to Sbdivision Ordinance Reglations for sbdividing land are contained in the Sbdivision Ordinance Each commnity creates their own standards for their sbdivision developments lots, infrastrctre, etc. If an area is ndeveloped, the Sbdivision Ordinance standards will have a hge impact on ftre development

16 Sbdivision Ordinance State Law Contents IC says the sbdivision control ordinance mst specify standards, specifically: (1) minimm width, depth, and lot area (2) pblic way widths, grades, crves, and the coordination of sbdivision pblic ways with crrent and planned pblic ways; and (3) the extension of water, sewer, and other mnicipal services.

17 Sbdivision Criteria There are no state law criteria like for zoning. Each commnity sets their own standards! Follow yor standards -- if a proposed plat meets all sbdivision ordinance standards, Plan Commission mst approve it!

18 Disagreeing with Plan Commission s Decision - Sbdivisions Plan Commission has final approval of sbdivision applications Conty Commissioners may see Sbdivisions for right-of-way dedication or acceptance of bonds, bt yo are not approving the sbdivision plat If yo do not like yor reslts, change Sbdivision Ordinance reglations!

19 Planning is a Process and a Prodct... Planning Process Prodcts: Comprehensive Plan Zoning Ordinance Sbdivision Ordinance The planning process can be jst as important as the final plan docment, if not more so! WHY?

20 Planning Rles Rle #2 -- The process is jst as important as the final prodct (the plan or ordinance).

21 Yor Responsibilities 1)To represent the rest of the commnity. How does the commnity give yo direction? Throgh Comprehensive Plan In-person at meeting 2)To edcate yorself and others on the isse(s). 3)To spport the process and recognize the roles of the other participants. 4)To make a defensible decision.

22 Legally Defensible Decisions Adopt and follow yor standards consistently Avoid takings Follow de process If person s rights are affected by a decision, person is entitled to hearing: notice reqired fair hearing before impartial tribnal No actal conflicts of interest No appearance of impropriety deny all economically viable se (Lcas v. Soth Carolina Coastal Commission) reqire or allow physical invasion of property (Loretto v. Manhattan Teleprompter) create exaction that is not roghly proportional to brden imposed (Dolan v. Tigard, Nollan v. California Coastal Com) Disclosre and consent a good policy

23 Planning Rles Rle #3 -- Don t confse getting a commnity consenss with a show of hands at a pblic meeting...

24 Making a Decision What are relevant isses in a rezoning pblic hearing? Previos and ftre land ses in area, circlation, traffic, drainage, flooding, soil conditions, topography, available services, easements, tilities. n What isn't appropriate in a rezoning pblic hearing? n Sentiment (children playing on nimproved ROW now, losing pretty view on vacant lot), emotions (don't like the applicant), rehashing the past, bad behavior

25 Pblic Meeting v. Pblic Hearing A pblic meeting is simply a meeting that is open to the pblic; the pblic may attend and observe, bt the adience does not have to be allowed to participate or make comments. A pblic hearing is a formal proceeding to receive pblic comment on a particlar matter, sch as a rezoning or a comprehensive plan.

26 Typical President s Rotine Explain prpose of meeting and grond rles for behavior. Explain what is on the agenda and how the meeting will work (time limits, etc.) Deliver a "play by play" or translation for the adience, when necessary and repeat/rephrase all qestions Keep control of the meeting -- be firm when necessary and make sre all remarks go throgh yo (not between opponents and proponents). Don't allow qestions or comments from anyone abot extraneos isses. If yo allow the adience is misled into believing it is relevant to this decision

27 Planning Rles Rle #4 -- Edcate citizens on what the isses and impacts are, so they can make wise decisions.

28 Decision-Making Concerns Pblic Pressre Difficlt to make npoplar decision, especially in small towns. Adience isn t always right; doesn t represent whole commnity. Proposed land se changes generate emotional responses

29 Developer & Bsiness Pressre Represents one view, aimed at redcing costs and increasing profits. Don t accept inappropriate development to provide profits Decision-Making Concerns

30 Decision-Making Concerns Political Pressre -- As an elected official, yo shold not be lobbying others for certain votes. Plan commissions intended to be independent bodies yor local experts on land se and transportation, they are obligated to vote for good planning. Remember, yo appoint many of them and have a seat on the Plan Commission Yo may disagree with the Plan Commission becase yo consider a bigger pictre, bt if yo do, please explain

31 Decision-Making Concerns Compromise -- YOU WILL NEVER MAKE EVERYONE HAPPY! Usally means development doesn't meet adopted local standards Can leave everyone nhappy when neither side gets what it wants Developers qickly learn the compromise game, asking for more than they want, in order to end p with the project they desire. The pblic learns that the sqeaky wheel works. Compromise works if yo can broker a win-win soltion, bt reglar compromise won't reslt in good development yo will ignore yor standards.

32 Voting Explain yor Vote! Discssion at the meeting is crcial! Ask qestions Talk amongst yorselves

33 THE END QUESTIONS?

34 K.K. Gerhart-Fritz, FAICP The Planning Workshop, Inc. Commnication + Edcation = Effective Planning 7829 Wawasee Cort Indianapolis, IN KK@theplanningworkshop.com

35 Hot Topics -- Signs 1st Amendment Mst not discriminate against political speech Make content netral (i.e., no non-profit signs, political signs, etc.) Reed v. Town of Gilbert: SCOTUS 2015 rling that Gilbert's sign code violates the First Amendment. Most, commnities mst now revise their sign codes becase they apply different rles to different categories of signs based on content, which the Spreme Cort now generally prohibits.