Agenda - Planning Commission - 11/12/2015

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October 10, 2015 I Volume 9 1 Issue 19 Zoning Bulletin The Background/Facts: In May 2012, the Metropolitan Development Commission of Marion County (the "MDC") approved a resolution amending the County's Comprehensive Plan by adopting the "Millersville Plan," which applied to Millersville—a neighborhood located on the north- east side of Indianapolis and located in both Lawrence and Washington Townships in Marion County (the "County"). 56, LLC ("Landowner") owned an approximately 21 -acre parcel of land in Millersville ("Landow- ner's Parcel"). Landowner apparently took issue with the Millersville Plan's characterization, land use, and development recommendations that were adopted for Landowner's Parcel. Landowner filed a legal action chal- lenging the adoption of the Millersville Plan. In that action, Landowner alleged: (1) that the MDC failed to adhere to the state statutory law (Ind. Code § 36-7-4-504.5) requiring the establishment of township advisory committees when preparing or revising a comprehensive plan for a town- ship; and (2) that the MDC failed to adhere to public notice requirements for amendments to the comprehensive plan provided under state statutory law (Ind. Code §§ 36-7-4-507 and -511(a)). Indiana law (Ind. Code § 36-7-4-504.5) requires that "[i]n preparing or revising a comprehensive plan for a township, the legislative body of the consolidated city shall adopt an ordinance requiring the plan commission to establish an advisory committee of citizens interested in problems of planning and zoning for that township, a majority of whom shall be nominated by the township legislative body." The County had adopted the required ordinance (Marion County Ordinance § 231-401), which required the MDC to "establish an advisory committee of township citizens interested in problems of planning and zoning in that township to provide advice in preparing or revising the comprehensive plan for any township in Marion County." The MDC maintained that township advisory committees were not required here because: (a) the Millersville Plan amended the County Comprehensive Plan, which did not require the formation of township ad- visory committees; (b) the Millersville Plan did not revise the comprehen- sive plans for Lawrence and Washington Township; and (c) neither Ind. Code § 36-7-4-504.5(a) nor County Ordinance § 231-401(b) required the formation of township advisory committees in preparing a comprehensive plan for a neighborhood, small community, or sub -area. The MDC also as- serted that it actually or substantially complied with the statutory notice requirements. Eventually, finding there were no material issues of fact in dispute, and deciding the matter on the law alone, the superior court issued summary judgment in favor of the MDC. Landowner appealed. DECISION: Judgment of superior court reversed, and matter remanded. The Court of Appeals of Indiana held that the MDC was not required to establish township advisory committees when adopting the Millersville 6 © 2015 Thomson Reuters