Logan County Board
September Planning and Zoning

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[November 04, 2015]  LINCOLN - Planning & Zoning Meeting Logan County Safety Complex September 2, 2015

Present: Pat O’Neill; Emily Davenport; Kevin Bateman; Gene Rohlfs; Dave Hepler; Dave Blankenship
Absent:
Guests: Glenda Downing; Angela Reiners; Jan Youngquist; Tracy Bergin; Doug Muck Staff: Will D’Andrea

Mr. O’Neill called the meeting to order at 6:30 pm.

A motion was made by Mr. Rohlfs, seconded by Mr. Hepler, to approve the minutes from the August 5, 2015 meeting as printed. Motion passed.

Old Business:

1. Subdivisions Ordinance:
Mr. D’Andrea found several sections that had outstanding questions associated with them. The questions were compiled and submitted to Mr. Bateman and Mrs. Schumacher for review. When Mr. D’Andrea receives that information back with their comments, he’ll review their feedback and bring it forward next month.

New Business:

1. Sunset Clause for Conditional Use:
The consideration is to begin including Sunset Clauses in all Conditional Use applications. Mr. D’Andrea presented a few examples from other counties that deal with sunset clauses and revocation clauses. The revocation clause is in case an application is approved but no action is taken by applicant for an extended period of time (5 years?), then the conditional use permit can be revoked. This would only apply to new permits going forward, not past projects. Mr. Muck stated that a set, uniform sunset clause is a bad idea because companies may be doing work behind-the-scenes that the general public may misinterpret as inaction. Mr. Muck recommends that the sunset clause be tailored individually for each project. Mr. Bateman discussed setting a timeline that expires where the company must then apply for an extension instead of the land defaulting back to the original zoning. Mr. D’Andrea discussed language regarding a clearly defined process and the consideration of having criteria for an extension application.

Zoning Officer’s Report: The Enterprise Zone application is still in progress. Mr. D’Andrea reported the boundaries are drawn and the legal description is being reviewed currently. A draft ordinance has been put forward after review by Mr. D’Andrea and Mr. Clay Johnson, City Administrator.

Public comments: Mrs. Glenda Downing discussed her concerns over the Conditional Use for mining extraction. She is in favor of a sunset clause being added to both the zoning and conditional use for mining extraction.

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Mr. D’Andrea expressed that there is a possibility of the sunset clause applying to Mr. Muck’s rezoning as he has only applied for 2 rezoning ordinances at this time and as it may be some time before the County receives a Conditional Use application, the sunset clause may apply to these latest rezone application properties.

Mrs. Downing believes the zoning ordinance is too vague and stated she’d like to have specific, set conditional uses in the ordinance before an application for conditional use is made.

Mr. Bateman explained his desire to not have
specifics as he wants to be able to review every individual application and it’s site, its neighbors, its conditions; he, personally, would like to be able to evaluate every detail separately as it applies to the situation.

Mr. Rohlfs, Mr. Muck, Mr. D’Andrea, and Mrs. Schumacher continued the discussion about amending the conditional use criteria in part, or as a whole.

Mr. D’Andrea recommended that if there is any interest in looking at the standing 5 general criteria as well, he would re-package the sunset clause and the generalized criteria so it could be wrapped into the sunset clause and have it ready for the next meeting.

Communications: None

A motion was made by Mr. Hepler, seconded by Mr. Bateman, to approve the bills. Motion passed.

A motion was made by Mr. Bateman, seconded by Mr. Hepler, to adjourn the meeting. Motion passed. Meeting ended at 7:06 pm.

[Copied from Logan County website]

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