The proposed Overlay District document has other shortcomings. It is difficult to determine which land parcels are included in the proposed Overlay District because a map is not included (8). Also, the logic is unclear how the excluded uses were determined. For example, adult entertainment businesses are not an excluded use in the proposed Overlay District (12).

The bottom line is that the proposed Overlay District is unneeded because office and industrial business uses are not anticipated in the I-65 North Corridor before the year 2030 (13). 11. The unintended consequences from adopting the unneeded proposed Overlay District would likely include an involuntary annexation attempt by Lebanon (11).

The County Commissioners have not asked for the proposed Overlay District to be considered. If the APC forwards the proposed Overlay District to the County Commissioners for consideration, a legal sequence of events will be triggered by Indiana Code 36-7-4-607. The complex Indiana Code requirements might result in a poor public policy decision where the proposed Overlay District is imprudently adopted, thereby negating the Comprehensive Plan provisions which preserve agriculture and protect the rural quality of life in the I-65 North Corridor. 

The Boone County Area Plan Commission should table the unneeded proposed Overlay District until the next time the Comprehensive Plan is updated. This action will uphold the carefully prepared Comprehensive Plan that strikes a balance between future economic development, agriculture preservation, and the rural quality of life that so many Boone County residents enjoy and cherish.

The Boone County Area Comprehensive Plan was adopted by the APC on January 23, 2009, the Boone County Commissioners on May 7, 2009, and the Town Council of Advance on June 8, 2009. As stated on its Page 6, the Comprehensive Plan “is intended to serve as a guide for future growth and development” in the unincorporated areas of Boone County and the incorporated area of Advance “over the next 20 years.” The Comprehensive Plan Page 142 further states that an “overall vision was created to outline the desired direction for the county comprehensive and economic development plan over the next 20 years” (or until the year 2030). The entire text of the Comprehensive Plan can be accessed through the Boone County website page at http://www.boonecounty.in.gov/Default.aspx?tabid=65.

3. Overlay districts are allowed by the Comprehensive Plan only if they are appropriate and compatible with identified future land uses.

The Comprehensive Plan Goal 16 is to “Identify target growth areas that take into account environmental sensitivity, agriculture conservation, and existing infrastructure availability.” Objective 16.2 is to “Establish separate development standards that are appropriate for the different parts of the county through additional zoning districts and/or overlays.” Action Step 1 for Objective 16.2 is to “Identify standards that are compatible with nearby or adjacent to development/land uses/character of the area.”

 4. The proposed Overlay District is not compatible with, and appropriate for, the desired future land uses identified in the Comprehensive Plan.

One stated purpose of the proposed Overlay District for the I-65 North Corridor is "to serve as a tool for implementing the development policies and guidelines set for the Corridor in the 2009 Boone County Comprehensive Plan. Interstate 65 is a limited access interstate highway and an important business corridor to Boone County. The I-65 North Corridor is a premier office and industrial business location and employment center whose viability, quality, and character are important to the community as a whole, adjacent residents, employees, business owners, and taxing districts."

It is blatantly incorrect for the proposed Overlay District document to state that the Comprehensive Plan identifies the I-65 North Corridor as a premier office and industrial business location.

The Comprehensive Plan on Page 144 states that “It has been important to the County to craft a plan that strikes a balance between future growth and economic development with a plan that focuses on agriculture as an economic development industry and maintains the rural character and quality of life that so many Boone County residents enjoy and cherish.” Part of Vision Statement 1 on Page 131 is to “Maintain our rural, small-town character by promoting good sustainable growth and responsible development that is in harmony with existing uses and preserving the integrity of agricultural land use.” Goal 18 on Page 77 is to “Recognize agriculture as productive landscape and preserve these uses for the production of food, fiber, and fuel.”

Page 106 of the Comprehensive Plan relates how the inclusion of future land use in the Comprehensive Plan “translates the vision, goals, and objectives into a tangible, physical form. Identifying and locating the desired future land use is one of the most important tasks of a comprehensive plan. The process of creating the future land-use map involved looking at the development pattern of the county, considering the constraints of the land, and then articulating a vision of how anticipated future growth can best be accommodated.” “Development will be encouraged where the existing infrastructure and land can best accommodate the various land uses.”

The Future Land-Use Plan included in the Comprehensive Plan is intended to serve as a tool to guide growth in an orderly and desirable fashion. Comprehensive Plan Page 111 relates how “the Future Land-Use Map will provide developers and landowners with a clear idea of the location and type of development desired by the community.”

The Center Township Future Land Use Map on Comprehensive Plan Page 112 identifies Medium-Density Residential as the future land use for the parcels of land along the southern half of the west side of I-65 from the Lebanon city limit to the boundary line between Center and Washington townships. General Agriculture is retained as the future land use for the remaining parcels of land adjacent to I-65 north from the Lebanon city limit to the Washington Township border. Comprehensive Plan Page 107 defines “Medium-Density Residential” as “characterized by smaller-lot subdivisions (one to three dwelling units per acre) that contain single-family dwellings and some duplexes.”

The Washington Township Future Land Use Map on Comprehensive Plan Page 123 anticipates mixed-use commercial and light-industrial development at the intersection of I-65 and State Route 47. General Agriculture is retained as the future land use for all the other parcels of land adjacent to I-65 within Washington Township. Comprehensive Plan Page 109 provides that commercial areas “contain goods and services to serve the needs of the county, including such things as convenience and grocery stores, ‘big box’ retail, shopping centers, and restaurants.” Comprehensive Plan Page 110 states that “Light industrial uses include manufacturing, bulk warehousing, and distribution, where all activities take place inside a building and there is no outside storage.”

The Future Land-Use Plan comment on Comprehensive Plan Page 111 observes how “Agricultural protection (is) shown as large areas in the western and northern portions of the county,” which include the parcels of land adjacent to I-65 that are covered by the proposed Overlay District. Comprehensive Plan Page 107 states that Agriculture areas “were identified to conserve the rural character in the unincorporated areas of the county, as well as to protect farming operations.” General Agriculture areas “are intended to serve as buffers between medium- or high-intensity land uses, and the relatively low-intensity residential uses. These areas will allow both continued farming and some residential development that may occur on well and septic.”

The bottom line is that the office and industrial business uses referenced in the proposed Overlay District are not compatible with, and appropriate for, the desired future land uses identified in the Comprehensive Plan. General Agriculture is retained in the Comprehensive Plan as the future land use until the year 2030 for most of the land parcels in the I-65 North Corridor.

5. The proposed Overlay District is not compatible with, and appropriate for, the available infrastructure.

Comprehensive Plan Page 109 includes the statement that “All commercial development should occur on public utilities,” and Page 110 provides that “All industrial development should occur on public utilities.” Vision Statement 1 on Comprehensive Plan Page 131 includes the statement that “We will diversify our tax base by promoting and projecting growth in logical extensions of existing infrastructure.” There are no realistic plans to logically extend public utilities within the proposed Overlay District before the year 2030. Therefore, the office and industrial business uses referenced in the proposed Overlay District are not compatible with, and appropriate for, the existing infrastructure availability.

6. The proposed Overlay District would not likely increase property values.

The proposed Overlay District would not likely increase property values unless and until extensive electrical, water, sewer, and drainage infrastructure improvements are provided. There are no realistic plans to provide before the year 2030 these extraordinarily expensive infrastructure improvements necessary for office and industrial business development .

7. The establishment of "zoning districts" might significantly change the future land uses designated in the Boone County Comprehensive Plan.

The proposed Overlay District would add the following text amendment above Table 2 Authorized Uses in the Boone County Zoning Ordinance:

"ESTABLISHMENT OF ZONING DISTRICTS. For zoning purposes, the territory within the Boone County Area Plan Commission is hereby divided into the following classes of districts, which either exist or are proposed to exist within the jurisdiction of the Area Plan Commission. Each of the zoning districts stands alone and is not part of a hierarchy-system of zoning. Only those land uses and standards that are expressly permitted and indicated in Table 2, Authorized Uses for each zoning district are to be considered by APC for approval. Any use not listed in the Table 2, Authorized Uses is hereby prohibited in the Area Plan Commission jurisdiction. These zoning districts, including Overlay Districts, are graphically represented on the Official Zoning Map dated March 28, 2012."

It is difficult to determine if the zoning districts would significantly change the designated future land uses in the Comprehensive Plan because the Official Zoning Map is not included in the proposed Overlay District document for easy reference. Also, the March 28, 2012, Official Zoning Map is not posted on the Boone County website. 

Furthermore, the topic referenced in the June 15 public hearing notice was to "consider amending the text of the Boone County Zoning Ordinance for the inclusion of the Interstate 65-North Overlay." The text amending the Zoning Ordinance to establish zoning districts is in a different Zoning Ordinance section than the proposed Overlay District. Therefore, proper notice was not provided for the proposed Zoning Ordinance amendment to establish zoning districts - this topic should be the subject of its own (and properly noticed) public hearing that is separate from the public hearing for the proposed Overlay District.

8. It is difficult to determine which land parcels are included in the proposed Overlay District.

The proposed Overlay District contains a lengthy and confusing legal description of the district boundaries, but there is no map provided to show at a glance which land parcels are impacted. The proposed Overlay District document should include a map so land owners can easily determine if their parcels are included.

In addition, there is some question whether or not in accordance with Indiana Code 36-7-4-604(c) if the impacted I-65 North Corridor parcel owners have received (or will receive) “due notice" by registered letter or other acceptable means at least ten days before proposed Overlay District public hearing.

9. Limited public input was sought to develop the proposed Overlay District.

An open-door planning approach was used to develop the Comprehensive Plan. Page 126 of the Comprehensive Plan includes the following comments: “Planning for people means planning with people. The old methods of planning meant following the ‘DAD’ approach (design, advocate, and defend). This closed-door approach to planning often bred distrust in government and resulted in contentious public hearings at the end of the process as the plan was unveiled to a skeptical public.”

In order to facilitate an open-door planning approach for the Comprehensive Plan, 173 Boone County citizens and stakeholders served as Focus Group and Task Force members. Twenty-two of these 173 participants also served as Steering Committee members. Four initial public meetings were held throughout Boone County to inform the public about the planning process along with gaining their input on important issues. Four follow-up public meetings allowed citizens and stakeholders to create a Boone County vision and brainstorm possible goals and objectives to achieve the vision. The Comprehensive Plan was carefully prepared during the open-door planning approach where public participation was emphasized.

A “closed-door” planning process created the proposed Overlay District. Two APC staff members - Rachel Cardis and Bob Clutter - designed, advocated, and defended the proposed Overlay District WITHOUT ANY PUBLIC INPUT. The only public communication was the June 15 classified ad notice for the July 3 legally required public hearing, and the July 2 classified ad notice canceling the July 3 public hearing. Only a written copy of the proposed Overlay District was available from the Boone County Area Plan Commission Office during regular office hours. The following more effective means of disseminating information to the public were NOT used: (1) prominently placed paid advertisements in local newspapers, (2) posters placed in strategic locations throughout the county, (3) radio coverage, (4) television coverage, (5) inclusion of the proposed Overlay District on the county website, (6) focus groups, (7) workshops, (8) advisory committees, (9) task forces.

The bottom line is that the proposed Overlay District is very important because it significantly changes the guidance provided in the Comprehensive Plan for future growth and development in the I-65 corridor north of Lebanon. Much greater public input should have been solicited by the APC instead of having two staff members use a closed-door approach to prepare the proposed Overlay District.

10. The two Boone County APC staff members who initiated and prepared the proposed Overlay District appear to have a conflict of interest.

Rachel Cardis (APC Executive Director) and Bob Clutter (APC Attorney) are employed by both the City of Lebanon and Boone County planning departments. The nature of their apparent conflict of interest is demonstrated by comparing the land use maps from the 2009 Boone County Comprehensive Plan and the 2007 Lebanon Comprehensive Plan for the Center Township parcels within 600 feet of the I-65 right-of-way from the City of Lebanon north to the Washington Township border. NOTE: It is "interesting" that the Lebanon Comprehensive Plan includes a Center Township Land Use Plan Map for the unincorporated areas of Center Township - the unincorporated areas of Center Township fall within the jurisdiction of Boone County for planning purposes. 

The Boone County Comprehensive Plan Center Township Future Land Use Map can be found on Page 112 at http://www.boonecounty.in.gov/LinkClick.aspx?fileticket=3SHSjB9Aa78%3d&tabid=65&mid=1495.

The Lebanon Comprehensive Plan Center Township Land Use Plan Map can be found online at http://www.cityoflebanon.org/cityplanning/pdfs/07_comp_plan/township_land_use.pdf.

Boone County's Center Township Future Land Use Map identifies Medium-Density Residential as the future land use for the parcels of land along the southern half of the east side of I-65 from the Lebanon city limit to the boundary line between Center and Washington townships. General Agriculture is retained as the future land use for the remaining parcels of land adjacent to I-65 before the year 2030.

Lebanon's Center Township Land Use :Plan Map is very different than Boone County's Center Township Future Land Use Map. Most of the parcels of land adjacent to I-65 from the Lebanon city limit north to the Washington Township border are designated by Lebanon for Commercial use between the years 2017 and 2027. A few of the parcels are designated for Residential use. Lebanon does NOT preserve Agriculture as the future land use for any of the parcels.

Since the plans for office and industrial business within the proposed Overlay District are more consistent with Lebanon's Center Township Land Use Plan Map, it certainly does appear that Rachel Cardis and Bob Clutter have a conflict of interest by supporting Lebanon's Comprehensive Plan ahead of Boone County's Comprehensive Plan.

11. The unintended consequences from adopting the proposed Overlay District would likely include an involuntary annexation attempt by Lebanon.

There will likely be unintended consequences if the proposed Overlay District is approved. One such consequence could be a predatory and illogical involuntary annexation attempt like the ones recently abandoned by the City of Lebanon that emphasized development instead of the agricultural preservation included in the Boone County Comprehensive Plan. Indeed, Comprehensive Plan Page 112 includes the statement “Public officials from Lebanon should work together with Boone County officials to ensure the Boone County Comprehensive Plan will be taken into consideration when forming their annexation policy.” Just the opposite of this desired cooperation could occur because of the office and industrial businesses referenced in the proposed Overlay District. Generally, a court must order a proposed annexation to take place if the following requirement of Indiana Code 36-4-3-13(c)(2) is met: “That the territory sought to be annexed is needed and can be used by the municipality for its development in the reasonably near future.” A remonstrance against an annexation of the I-65 corridor north of Lebanon might be unsuccessful if a municipality claims that existence of the Overlay District proves the corridor is needed for development in the reasonably near future.

12. Adult entertainment businesses are not an excluded use in the proposed Overlay District.

Adult entertainment businesses are included as a restricted use beginning on Page 84 of the Boone County Zoning Ordinance. The Zoning Ordinance can be accessed by clicking on the link at http://www.boonecounty.in.gov/Default.aspx?tabid=69.

The Zoning Ordinance prohibits adult entertainment businesses in land parcels zoned agricultural or residential. Therefore, adult entertainment businesses are now prohibited in the land parcels within the proposed Overlay District. 

The Zoning Ordinance allows adult entertainment businesses in land parcels zoned for office and industrial business uses. Therefore, unless they are listed as excluded uses, adult entertainment businesses would be allowed within the proposed Overlay District when the zoning is changed to accommodate office and industrial business uses.

The Zoning Ordinance lists adult entertainment businesses as excluded uses in the existing I-65 South Corridor and US 431 overlay districts. Why aren't adult entertainment businesses listed as excluded uses in the proposed I-65 North Corridor Overlay District?

13. The proposed Overlay District is unneeded because office and industrial business uses are not anticipated in the I-65 North Corridor before 2030.

Nothing has occurred since the Comprehensive Plan was approved four years ago to justify amending the Boone County Zoning Ordinance to include the proposed Overlay District. 

There is still much room for the growth anticipated in the Comprehensive Plan for the I-65 corridor south of Lebanon. There has been NO residential and commercial development in the 3,675 acres that Lebanon annexed four years ago south along I-65. There is also ample room for growth along I-65 south of Exit 133 because development in the two Anson TIF districts along the east side of I-65 has been slower than expected.

There is no need to plan for office and industrial business uses in the I-65 corridor north of Lebanon because the Comprehensive Plan is still correct in not anticipating these uses before the year 2030. It is illogical for developers to consider building in the I-65 North Corridor because of the considerable unrealized growth opportunities in the I-65 South Corridor.

CONCLUSION

The proposed Overlay District must NOT be approved to protect the balance provided in the Comprehensive Plan between future economic development, agriculture preservation, and our rural quality of life. The Boone County Comprehensive Plan, that was carefully prepared using an open-door planning approach with considerable public input, emphasizes agriculture preservation within the I-65 North Corridor to maintain the rural quality of life that so many Boone County residents enjoy and cherish. The proposed Overlay District document, which has been haphazardly prepared with limited public input, incorrectly identifies the I-65 North Corridor as a premier office and industrial business location. 

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This page was last updated on 08/20/13.