Zoning discussions continue

MT. PLEASANT — Following another conversation about re-evaluating the Henry County land use map, one hopeful business owner expressed frustration as the Henry County Board of Supervisors asked the Planning and Zoning Commission to take another look.

“I’m trying to do something good for the community and it is just frustrating,” Chad Ebeling said.

Last month, Ebeling asked the Zoning and Planning Commission to consider a change to the land use map in hopes of then acquiring the needed change in zoning so he can start a concrete plant just outside the west side of town.

“To me, the way I understand and interpret it, it would be spot zoning,” Supervisor Greg Moeller said.

According to the Planning Commissioners’ Journal, spot zoning is “the process of singling out a small parcel of land for a use classification totally different from that of the surrounding area for the benefit of the owner of such property and to the detriment of other owners.”

“We could be taken to court, … just like these cases here,” Moeller referenced similar cases the board reviewed prior to the meeting, Thursday. “People in the community didn’t like what had been done on behalf of the Planning and Zoning Commission and the Board of Supervisors so they ended up in court.”

“We can be taken to court because we changed the zoning in an area that was not designed or under the comprehensive plan for industrial,” Moeller said.

“I read through the existing cases and the take-away from it was that the courts all made it the thought that if there is a comprehensive plan in place, that, that need to be followed,” Supervisor Chad White added. “Not to say that, that comprehensive plan can’t be changed. But in my mind and the way I understand it, if there is one in place, at that time, it really needs to be followed. If you want to change it, you need to look at that land use map in that order.”

Ebeling expressed frustration at a lack of land available for commercial or industrial use in the county.

“The reason we chose that area, number one there is no industrial land use available on the map in this town that says ‘hey this is industrial we can buy it,’” Ebeling said.

“Basically, we have to review the whole land use map for the whole county,” Supervisor Marc Lindeen stated. “Let’s look at the land use and get things changed if we need to change it.”

“We’ve already done that,” Ebeling “We had the meeting. We had it.”

“And it was in that meeting, in the Planning and Zoning meeting, we looked at that whole portion there, that whole piece that I own and the other two have homes on it and then the other one is KILJ tower,” Ebeling said. “We had that meeting, that’s why I said having another one, I don’t know what that is going to do.”

“I’m not saying there doesn’t need to be a change in some of the zoning and things like that,” White said. “If everybody is playing by these rules up to this point and then the rules change, how does that effect people … When they made that investment on their property based on those rules? Where is the good cut off point to minimize any effect on those people but still allow progress?”

“I think there is a need for concrete, but where is that good stopping point and change-off where property values will be effected,” White continued.

“We talked with an appraiser and looked at each of the homes,” Ebeling said and stated that the impact to surrounding home values would be minimal.

“In my mind, I think we need to take action to get the land use map amended, looked at, re-evaluated, to see if the planning and zoning and overall picture of that comprehensive plan needs to change for that area and other areas before we make a spot type of location change,” White said.

“I want us, as supervisors, to go with the correct steps moving forward and if I’m correct with my understanding we need to have P&Z go back and review the land use in order for the supervisors to do our job correctly,” Lindeen clarified.

According to Planning and Zoning Commissioner Joe Buffington, the committee already made a recommendation to change the land use for this small area.

“To look at the overall use is going to be much better than to look at a small individual piece,” Planning and Zoning Commissioner Joe Buffington clarified. “You’re going to get a better comprehensive look at what is going on in that area and what is going on in the future. If you look at the entire area, you’re going to find out if it is appropriate to continue to expand industrially, is it not appropriate? How is that one piece going to affect the rest.”

After a long discussion, the Henry County Board of Supervisors did not make a decision for the comprehensive land use map, but instead asked the Planning and Zoning Commission to review the map within a two-mile radius of the existing city limits of Mt. Pleasant with a special emphasis on the Southwest area in question.

Comments: AnnaMarie.Ward@southeastiowaunion.com