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The communities of Atlanta, Elkhart, Lincoln and Mount Pulaski
participate in the planning commission. The Logan County
Comprehensive Plan incorporates land use and transportation plans
for these communities. Public hearings were held in these
communities to gather comments on the preliminary draft in August.
The Lincoln meeting drew a large crowd. There were a number of
comments, mostly affirming the need and appreciation for the work
that was done, some minor corrections, and a couple concerned about
protecting property rights.
A second meeting was held to work out solutions and changes to
the Lincoln information in the plan.
The comprehensive plan staff made corrections and returned
suggestions on the comments that were made.
City attorney Bill Bates said he heard some sound advice on this
subject matter at a conference he attended recently. He said to the
aldermen, "If you're going to adopt the plan, you're going to need
to enact zoning ordinances to comply with the plan."
He also had concerns about the language that has been added to
the plan in reference to property rights. It might be too broad, he
said.
The recommended language reads as follows:
Real estate/real property "bundle of rights":
Rights include:
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Right of possession;
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Right to control the
property within the frame of the law;
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Right of enjoyment
(to use the property in a legal manner);
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Right of exclusion
(to keep others from trespassing, entering, using);
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Right of disposition
(to sell, will, transfer or encumber).
Nothing contained in the Logan County Comprehensive Plan will in
any way interfere, alter, distract, infringe, restrict, limit,
impede, remove or encumber any landowner's bundle of rights. The
landowner may have private enjoyment of the rights that are
guaranteed by law in the United States Constitution.
Bates also cautioned the council that the city could open itself
up to be attacked through litigation on something that is not in
their zoning ordinance. They could be accused of not following
through with their plan (as it is in the Logan County Comprehensive
Plan). "If you are going to adopt this plan, you're going to need to
enact your zoning ordinances to comply with the plan," he said.
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Jennifer Sicks, who is a zoning specialist from McLean County, and
Bill Martin, the Logan County Comprehensive Plan committee co-chair,
were on hand to discuss the issues. Martin said that the plan was
created from survey information about what people wanted for their
future plan. The planning committee used the survey and "tried to
come together on those things that we felt each community held in
common." He said they chose goals and objectives that were the same
for everybody. There's a lot of wiggle room for specific needs of
commitment, he said. He cited plans that some communities have taken
up for a Route 66 bicycle trail.
It is now time to develop strategy and action plans. It is up to
each community to take up that work and tailor a comprehensive plan
to their community. The communities will come up with their own
strategies and action plans to implement.
"The Logan County Comprehensive Plan does not supersede any
community's plan," Martin said.
The Logan County Regional Planning Commission is committed to
these things:
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To be there as a
resource for communities and help each work through developing
their own plans. They do not need to reinvent the wheel. The
county plan can serve as a guide.
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To keep in contact
with communities to advise and as an impetus to keep active.
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To keep the Logan
County plan current and not let happen what happened to the plan
from the '70s. The new plan will be reviewed every three to five
years.
This is a process that needs to be ongoing. "We need to educate
ourselves on how planning commissions function," Martin said.
Elkhart created an action plan in 2001. All other community plans
are in need of updates.
In relation to the plan, the county has a project to review,
update and organize county ordinances. That project will be led by
county coordinator Dewey Colter. It is just awaiting funding to
implement.
[Jan
Youngquist]
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