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Owen County Plan Commission forwards UDO to commissioners with unfavorable recommendation
Summary
The Owen County Plan Commission voted to send the proposed Unified Development Ordinance (UDO) to the county commissioners with an unfavorable recommendation, citing incomplete consultant work and recommending a rewrite of zoning and subdivision rules.
The Owen County Plan Commission voted to forward the proposed Unified Development Ordinance to the county commissioners with an unfavorable recommendation, with a recorded vote of seven in favor and one abstention.
Commissioner 1 (unnamed), a member of the Owen County Plan Commission, moved to send the UDO to the commissioners with an unfavorable recommendation, saying, "it's like trying to rewrite a bad term paper. It's sometimes easier just to blot it out, throw it away and say, what's wrong?" Commissioner 2 (unnamed) seconded the motion.
The commission explained the recommendation in part because the consultant producing the draft did not complete work the commission expected. A staff member (unnamed) told the commission that "the consultant did not meet their obligations in providing us with that draft form," and the commission agreed a finding of fact should record that omission.
The commission also discussed budget and contract-payment implications. One commissioner noted that portions of the consultant fee already had been paid and that, if the plan commission simply submitted an unfavorable recommendation as a milestone under the consultant contract, the county commissioners might still be required to pay balance due under that contract.
Members asked that the unfavorable recommendation include findings stating the consultant failed to complete required tasks, including a promised review of plan commission and BZA membership, appointments and authorities. The commission also asked that its recommendation include language encouraging a rewrite of the county's zoning and subdivision ordinances rather than attempting piecemeal edits to the draft UDO.
The motion to forward the UDO with those amendments passed with seven in favor and one abstention. The commission did not adopt the UDO; it sent its unfavorable recommendation and the accompanying findings to the county commissioners, who retain authority to approve, reject or revise the measure.
The commission discussed next steps including documenting the findings and, separately, ensuring adequate plan commission budget resources in the next county budget session if a rewrite proceeds.
