2/19/19. Who Does What? Brownsburg, IN February 19, 2019

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1 Brownsburg, IN February 19, 2019 K.K. Gerhart-Fritz, FAICP The Planning Workshop, Inc. Communication + Education = Effective Planning Who Does What? 1) Role of Plan Commission and others in local planning 2) Specific Plan Commission Duties, per Indiana Code Final Decisions Subdivisions Modifications or Waivers to Subdivision Control Ordinance Development Plans PUD Plans Recommendations to Town Council Rezonings Comprehensive Plan Adoption & Amendments Zoning & Subdivision Control Adoption & Amendments 3) Making decisions using Indiana Code & Brownsburg Ordinance Criteria 4) Ethics, including conflicts of interest 1

2 BZA, Plan Commission & Town Council: What is your general role in the planning process for all local planning officials? 1. To represent the rest of the community. How do they give you direction? A) By coming to meeting or sending written comments B) Through their comp plan input 2. To educate yourself and others on the issue(s). 3. To support the process and recognize the roles of the other participants 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 President s Responsibility - Deliver a "play by play" or translation for the audience, when necessary and repeat/rephrase all questions Plan commission traditionally the land use experts 1. Appointed or serve by virtue of office 2. Prepares* Comprehensive Plan & Amendments (IC ) 3. Prepares* Unified Development Ordinance & Amendments (IC a) & (IC b) 4. Provides Rezoning Recommendations (IC b) 5. Provides Comp Plan & Zoning Ordinance Recs 6. Subdivision Plat & Development Plan Approval * with help from staff, consultants, volunteers 2

3 BZA - the seekers of land use justice (the relief valve). 1. Hears appeals of administrative decisions 2. Hears variance requests 3. Hears special exception (conditional use) requests 4. May also do interpretations, informal advice 5. May also initiate lawsuits *Point out parts of zoning ordinance that need "fixed" (i.e., variances granted regularly) 1. Elected 2. Power to adopt comprehensive plan by resolution 3. Power to adopt Unified Development Ordinance (zoning + subdivision) 4. Appoints board & commission members 5. The budget Submit complete application, including why they meet criteria Responsible for notice, as required Attend and make presentation at meeting justify criteria The rules of acquisition 3

4 Keeps records Takes applications Handles public and applicant questions Prepares staff report Acts as your researchers ask questions before the meeting Can approve some things administratively e.g., secondary approval for subdivisions Pay taxes Vote Participate! What about the media? Others in local planning process? 4

5 Rezonings including PDs Comprehensive Plan (all elements) & Amdts Unified Development Ordinance & Amdts Subdivision Plats Subdivision Standards Waivers PUD Detailed Development Plan 1) Current Planning a) Rezonings & PUDs b) Subdivisions 2) Long-Range Planning a) Ordinances & Amendments b) Plans, including Comprehensive 3) Miscellaneous Administrative a) Training b) Public Education c) Communication & Coordination with other bodies d) Updating Rules of Procedure Which do you think is the most important? Why? 5

6 For a group dedicated to planning for the future, plan commissions generally do not do enough big picture thinking! React to what is on the agenda Regularly schedule in your planning function! Every few years with the comp plan is not enough! Criteria is set forth in State and Local Code Criteria are meant to be minimum standards a checklist Intention is that it makes decision easier and less subjective Indiana Code requires Plan Commission to make Findings only for certain actions: Subdivision Primary Approval IC Development Plan -- IC Do you prepare them for anything else? Should you? Findings of Fact should be based on the applicable criteria sometimes there are not any listed as such, so what do you use? 6

7 I. Comprehensive Plan & Amendments II. Unified Development (Subdivisions Control, Zoning) Ordinance & Text Amendments III. Subdivision Plats IV. Modifications or Waivers to Subdivision Standards V. Rezonings VI. PUDs & Amendments VII. Development Plans & Amendments Adopt Comp Plan First Designate jurisdictional area and incorporate zoning maps Act for Purpose of: (1) securing adequate light, air, convenience of access, and safety from fire, flood, and other danger; (2) lessening or avoiding congestion in public ways; (3) promoting the public health, safety, comfort, morals, convenience, and general welfare; and (4) otherwise accomplishing the purposes of this chapter. 7

8 The subdivision control ordinance must.include standards for: (1) minimum width, depth, and area of lots in the subdivision; (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. The ordinance may also include standards for. public ways, parks, schools, public and semipublic buildings, homes, businesses, and utilities, and any other standards related to the purposes of this chapter. the commission or committee may specify: (1) the manner in which public ways shall be laid out, graded, and improved; (2) a provision for water, sewage, and other utility services; (3) a provision for lot size, number, and location; (4) a provision for drainage design; and (5) a provision for other services as specified in the subdivision control ordinance. USE STATE S ZONING ORDINANCE REQUIREMENTS ( Act for Purpose of ) IC There are no state law criteria for Subdivisions Each community sets their own local ordinance standards Follow your standards -- if a proposed plat meets all subdivision ordinance standards, you must approve it! If you don t like your standards, change them! 8

9 III. Primary Plat Local Ordinance Criteria Minor Plat -- UDO, Section 9.15 (E)(7)(b) Major Plat -- UDO, Section 9.17 (E)(9)(b). i. The subdivision of land is consistent with the Brownsburg Comprehensive Plan. ii. The subdivision of land satisfies the prerequisites, minimum (for Major Plats only) development requirements and design standards for the applicable subdivision type in Article 6: Subdivision Types. iii. The subdivision of land satisfies the applicable design standards in Article 7: Design Standards. iv. The subdivision of land satisfies the applicable development standards in Article 2: Zoning Districts and Article 5: Development Standards. (not required for Major Plats) v. The subdivision of land satisfies all other applicable provisions of this Unified Development Ordinance. vi. The subdivision of land satisfies the construction requirements of the Brownsburg Construction Standards. (for Major Plats only) III. Secondary Plat Local Ordinance Criteria Minor Plat -- UDO, Section 9.16 (E)(4)(a) -- delegated to staff by PC i. The division of land is consistent with the Minor Subdivision Primary Plat as approved by the Plan Commission. Major Plat -- UDO, Section 9.17 (E)(4) may be by staff by PC Decision is based on comments from the Technical Review Committee IV. Waivers to Subdivision Standards IC (c) Allows Subdivision Standards to be Waived, but No Criteria Listed Local Ordinance Criteria UDO, Section 920 (F) Findings of Fact: i. The granting of the Design Standard Waiver will not be detrimental to the public safety, health, or welfare, or otherwise be injurious to other property; and ii. The conditions upon which the request for a Design Standard Waiver is based are unique to the property for which the Design Standard Waiver is sought and are not applicable generally to other property; and iii. Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship or practical difficulty to the property owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out. Financial hardship or difficulty shall not constitute grounds for a Design Standard Waiver. iv. The Design Standard Waiver shall not in any manner subvert the provisions of Article 5: Development Standards, the Comprehensive Plan, Bike and Pedestrian Plan, or the Thoroughfare Plan. 9

10 V. Zoning Map Amendment Criteria (Rezoning) IC no different local criteria in UDO, Section 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. What does it mean to pay reasonable regard? VI. Planned Development Standards (IC series) Local governments may set basic standards for PDs in their UDO Brownsburg s PDs must include one (1) or more of the following (UDO, Section 9.01 (G)): Mixed Use: Involve vertical or horizontal m ixed-use, Unique Development: Significantly unique developm ent designs, or Unique Geological Features: For land that has significantly unique geologic features. This process allows the developer to propose a site-specific regulatory ordinance that partially replaces the Unified Development Ordinance to allow greater design flexibility. VI. Planned Development Standards, UDO Step 1: Planned Development District Ordinance See 9.07 this is still a rezoning, so criteria from IC apply I also believe Section A, Purpose and Intent should apply as criteria: 1. Planned Development District Ordinance: The purpose of the Planned Development District Ordinance is to: a. Designate, or rezone, a parcel of land as a Planned Development zoning district. b. Specify uses or a range of uses permitted in the Planned Development zoning district. c. Specify development requirements in the Planned Development zoning district. d. Specify the plan documentation and supporting documentation that may be required. e. Specify any limitation applicable to the Planned Development zoning district. f. Specify how the development will meet or exceed the intent of the Brownsburg Unified Development g. Ordinance. h. Specify how the development will meet or exceed the intent of the Brownsburg Subdivision Control i. Ordinance. j. Specify how the development will mitigate monotony and result in a better product than would have k. resulted from the application of the Unified Development Ordinance and Subdivision Control Ordinance. l. Meet the requirements of IC et seq. 10

11 VI. Planned Development Standards, UDO Step 2: Planned Development Detailed Site Plan See 9.08 i. The PD Detailed Site Plan is consistent with the Brownsburg Comprehensive Plan. ii. The PD Detailed Site Plan satisfies the development requirements of Article 4: Planned Developments. iii. The PD Detailed Site Plan satisfies the development standards of the approved PD District Ordinance. iv. The PD Detailed Site Plan substantially fulfills the intent of the Brownsburg SCO and does not supersede important elements in the SCO s regulations. v. The PD Detailed Site Plan satisfies the construction requirements of the Brownsburg Standard Details. vi. The PD Detailed Site Plan would result in a very high quality development which meets or exceeds the Town s expectations. VI. Planned Development Standards, UDO Step 3: Planned Development Final Site Plan See 9.09 No specific UDO Criteria essentially meet the PD Ordinance and Town Standards If the Planned Development involves the subdivision of land, this step also serves as the Final Plat Approval. VII. DEVELOPMENT PLAN Per state law, Development Plans are optional IC series No Criteria Local Ordinance Criteria UDO, Section 9.05 (D)(1)(a). i. The development plan is consistent with the Brownsburg Comprehensive Plan. ii. The development plan satisfies the development requirements of Article 2: Zoning Districts. iii. The development plan satisfies the standards of Article 5: Development Standards. iv. The development plan satisfies any other applicable provisions of the Unified Development Ordinance. v. The development plan satisfies any provision related to a development s design, especially street layout, street features, pedestrian facilities, drainage, and utility installation of the Brownsburg Subdivision Control Ordinance. vi. The development plan satisfies the construction requirements of the Brownsburg Standard Details. vii. The development plan satisfies the intent of the architectural guidelines. 11

12 1. when you don't have a quorum 2. if it is unpopular 3. if all criteria haven't been met Did you Notice Parallels in the Criteria? What? Disclose everything (and avoid ex-parte contact): Everyone should have an opportunity to see, hear and examine all statements and evidence considered by you. Ex-parte guidelines: 1. Don t meet or talk privately with anyone about a matter before you. If contact can't be avoided, disclose it at the public meeting. To avoid this, add a note to postings of member names on your website. 2. Never, ever go on ad hoc field trips with an applicant or opponent. Always visit the site, but do it alone or with planning staff. Visiting the site, as a group is a challenge because of Indiana's "Open Door Law." 3. Don t initiate contact with the applicant or interested party if you need more information, ask staff. State Law Makes It Illegal for BZA, do your rules make it wrong for Plan Commission? Warning: Ex-parte communication can occur by phone and electronically ( s, text messages, etc.) Don t hit reply to all. 12

13 Avoid conflicts of interest (or their perception)! Per IC for Plan Commission, a conflict of interest shall include: Direct Financial Interest in a case Indirect Financial Interest in a case Bias or Prejudice or Inability to be Impartial about a case, applicant, owner or other involved party (new in 2011) Indiana Case law has also declared conflict of interest if the situation weakens public confidence and undermines the public s sense of security for protection of individual rights in the exercise of your duties. It is a Conflict even if it wouldn t affect how you vote! Conflicts of interest are self-regulated A member may ask for guidance Report concerns/conflicts to Attorney/Director immediately, to ensure that the show will go on (alternates)! Announce any conflict at the public meeting, so it becomes part of the public record Direct or indirect financial interest should be interpreted to include any member who receives legal notice of a pending case as a surrounding property owner in your rules? A member should not represent herself/himself or any other on any matter before the board/commission or Town Council. Representation of another, whether paid or not, should be considered a conflict of interest. in your rules? 13

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