Floyd County moves toward zoning control of fringe

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July 30, 2012

Floyd County moves toward zoning control of fringe

New Albany attorney vows legal action if county passes legislation

By DANIEL SUDDEATH daniel.suddeath@newsandtribune.com The News and Tribune Mon Jul 30, 2012, 08:30 AM EDT

NEW ALBANY — The Floyd County government is continuing the process of assuming zoning and planning authority from New Albany for the two-mile fringe area.

As a result, City Attorney Stan Robison is still pledging to fight the transfer through legal means if the county ultimately approves a measure to make the change official.

“We’re still moving forward with the comprehensive plan,” said Floyd County Commissioners President Steve Bush on Friday. “Once we get that in place, then we’ll have our public hearings.”

After the public hearings, the commissioners would then vote on a measure placing the fringe area under their jurisdiction for planning and zoning.

To the east, the fringe area stretches two miles from the end of the city limits to just short of the county line. Basically, the barrier begins at Interstate 265 near Charlestown and Grant Line roads.

The two-mile fringe area stretches to the base of Floyds Knobs to the south. Without the city’s blessing, the commissioners in June approved a measure to proceed with taking over zoning and planning authority from New Albany. Bush and County Planner Don Lopp said fringe residents need clarity and accountability as it pertains to zoning decisions.

“They’ll deal with one entity instead of two,” Lopp said Friday.

Earlier this month, Robison warned New Albany may pursue legal action to block the county’s attempt to garner zoning and planning approval in the fringe area.

County officials said Friday they hadn’t received any direct notification from the city of a pending legal case, or what New Albany’s plan of recourse will be.

But Robison said later that day he would file a declaratory judgment against the county if they ultimately pass legislation to take over planning and zoning authority in the fringe area based on his interpretation of Indiana Code.

“I know I’m right on this, and I know I will prevail,” he said. “If the county wants that fight on their hands, then they’ve got it.”

City Plan Commission Director Scott Wood declined to comment on the situation, referring inquiries to Robison.

Rick Fox, attorney for the commissioners, said earlier this month that the county would not be impeding on the city’s ability to annex the fringe area by taking over planning and zoning authority.

Lopp stressed Friday that anything approved by the city in the past would be covered by the “grandfather clause,” and that many of the county’s zoning classifications are similar to New Albany versions for land use.

“I don’t think you’re going to see that much of a change over what the current zoning is for the large part of the fringe area,” said Lopp, though he added the county is still preparing its analysis.

He said the county will finalize amendments to the comprehensive plan “in the next couple of weeks,” and then the proposal would go before the Floyd County Plan Commission for review before going back to the commissioners for an up or down vote.

“We will be having a series of public meetings for those folks in the fringe area so that they can provide input to the plan, and to understand the process,” Lopp said.

He anticipated some of the dates for the public hearings could be finalized by the end of the week.

While the move wouldn’t interfere with past decisions made by the city, Lopp said the county could be better equipped to address dilapidated structures in the fringe area after the zoning and planning authority switch is made.