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Thursday, June 10, 2004

Indiana Law - More on real estate development

The Gary Post-Tribune reports today:

"Aberdeen housing proposal voided," is headline of this story. Some quotes:

CENTER TWP. — The owners of luxury homes near the fourth hole at the Course at Aberdeen can rest easier. Forty-four lots containing cheaper homes won’t be coming anytime soon.

Porter Superior Court Judge Bill Alexa ruled in favor of petitioner Michael E. Cole, who took his battle to court after the Porter County Plan Commission approved the primary plat on July 9, 2003.

Cole argued that both the Porter County Commissioners and Plan Commission overlooked the county’s own ordinances on planned unit developments. * * *

Alexa ... found merit in Cole’s petition, and said the project violated Porter County’s planned unit development ordinance — even though the county commissioners may grant variances.

“(H)owever, the word 'variance’ must be interpreted to mean modifications ... (that) may not fall below the minimum (multi-family residential) standards,” Alexa wrote. “Further, this court finds that the Porter County Plan Commission acted beyond the scope of its authority when it approved a primary plat which contained modifications that fell below the minimum standards.”

Without commenting on the case, County Commissioner Robert Harper, a Plan Commission member, said problems with the county’s planned unit development ordinance need to be fixed. “Hopefully, we will get a new ordinance on them,” said Harper. “The reason is we have a terrible ordinance.”

Harper said the planned unit developments allow a greater density in return for what Harper considers “payback” — extra green space for the community. The current ordinance is not restrictive enough compared to other counties, Harper said.

In another story, re the Porter County greenspace plan about which we have posted several recent entries, the Trib reports:
VALPARAISO — Porter County residents face a land-use ordinance that proponents say will bring more open space and opponents claim will only produce untended land brimming with weeds and mosquitoes.

That was the stark difference portrayed as Porter County Plan Commission members heard from the public on an open-space ordinance that would require most developments to set aside 20 percent of land for scenic, natural or recreational use.

Members of the Porter County Homebuilders Association showed up, filling the commissioners’ chambers in opposition. But proponents of the bill also arrived, to be heard at the ordinance’s first of two public hearings. More than 75 people attended Wednesday night’s meeting. * * *

[A]ttorney Todd Leeth, representing the homebuilders, said the requirement represented taking developers’ property. Such taking may require compensation from the county government — as possibly required by the U.S. Constitution. “Twenty percent crosses the line,” Leeth said to the Plan Commission.

Leeth also listed the numerous problems the ordinance might cause, citing urban sprawl, increased housing costs, lack of credit for other open spaces like wetlands, and stifling of innovative land planning.

Posted by Marcia Oddi on June 10, 2004 08:51 AM
Posted to Indiana Law