Development ordinance stalls due to setback, right of way issues
A new development ordinance created to replace planning and development rules in Lake County originally adopted in 1957 is heading back to the Plan Commission for additional changes.
The clock is ticking on making the revisions to the new Lake County Plan Commission’s Unified Development Ordinance sought by Councilman Randy Niemeyer, RCedar Lake. The changes prevented council passage of the document unanimously recommended for approval by the Plan Commission.
The document was submitted to the council March 28, starting a 90-day clock for council action.
Council members have until June 28 to approve the document. If no action is taken, the document would automatically be approved as written.
A motion to pass the ordinance and amend it with the changes sought by Niemeyer at a later date failed 3-4. Niemeyer and fellow Republican Pete Lindemulder said the would not approve the document until the issues were corrected.
Council members rejected the ordinance and sent it back to the plan commission to address Niemeyer’s concerns about setbacks and right-of-ways for future roads that he fears could serve to take significant land from some rural property owners.
It is unclear how the rejection of the document may impact the 90-day window. The Unified Development Ordinance is scheduled to take effect on Oct. 1.
Niemeyer, who sits on the Plan Commission, said 98% of the document is good legislation that is needed. He takes issue with the right of way and setback requirements that could potentially seriously impact rural property owners who want to divide their land to add a second home.
He gave the example of a property owner with 10 acres who wants to build a second home on the land. The new planning rules regarding lot setbacks and right of ways would mean that property owner would lose about two acres of their land if they were to subdivide it.
Niemeyer said he would also like to see that the county’s definition of certain roads and streets matches the federal definition so land is not unnecessarily taken.
Councilwoman Christine Cid, D-East Chicago, said she could not understand why Niemeyer would agree to recommend passage to the council only to do an about-face when the measure came before the panel to approve.
“The clock wouldn’t have started until it came here,” Cid said, adding it would have been best if the changes were made at the Plan Commission level before the document was recommended to the council for approval.
Niemeyer voted in favor of sending the document to the Council for consideration to force the changes.
“Sometimes you need pressure in these situations … to move the propose forward,” Niemeyer said.
Lake County Plan Commission Director Ned Kovacevich said the Plan Commission has been working on the new document for the past three years. Over that time the Plan Commission conducted four public hearings. He agreed the document deals with some pretty complicated issues.
Thomas O’Donnell, council attorney, said an additional public hearing would be needed if changes are made to the document so time is of the essence.
O’Donnell and fellow Council Attorney Ray Szarmach said the law surrounding the deadlines and automatic approval are confusing and more research is needed before they can feel confident about how the 90-day time frame is implemented.
“I’m doing some research. We never do this. This is once every 50 years,” O’Donnell said Friday.
Niemeyer said he “recognize(s) the tremendous amount of work” staff, consultants and Plan Commission members have devoted to creating the new development standards. He said he is concerned the setback and right of way requirements are geared more for large scale developments and not individual property owners looking to subdivide to add another family home to their land.
“I’m not trying to be a pain. I’m just trying to get it right,” Niemeyer said.