Agenda - Planning Commission - 01/07/2010

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November 10, 20091 Volume 3 I No. 21 Zoning Bulletin general welfare." In short, as long as the reasonableness of the Code was "fairly debat,able," it would be upheld. Here, the court found that the Code's limitation of only one exten- sion of time was "completely reasonable!' Establishing standards for the processing of subdivision applications was within the police power of the county. Establishing such standards "necessarily include[d] insti- tuting a timeline for the development of subdivisions." Providing such a timeline "prevent[ed] prolonged development projects," thus serving several zoning purposes, including: preventing visual blight, stabiliz- ing neighborhoods, maintaining neighborhood property values, and pres'erving the character of the community. Allowing for one extension provided: "a safety valve for applicants that incur unexpected prob- lems in submitting the final plat, while at the same time serving the [c]ounty's interest in ensuring timely development." Furthermore, the Code's preclusion of subsequent time extensions was especially reason- able given the facts that: (1) the Board was not even required under the Code, to provide for a first time extension; and (2) in the absence of an extension, applicants were still given two years to obtain approval of a final plat. . I See also: Village of Euclid, Ohio v. Ambler Realty Co., 272 U.S. 365, 47 S. Ct. 114, 71 L. Ed. 303, 4 Ohio L. Abs. 816,54 A.L.R. 1016 (1926). Case Note: Dry Creek had asked the Board to grant a second ex- tension for "equitable reasons." The court noted that because of the express language in the Code, allowing for only one time ex- tension, granting a second extension would have been a directv'io- lation of the Code. . Standing-County commission rezones property so as to permit hospital construction ,."'- ( ) (J Community landowner association challenges rezone decision 'Citation: Liberty Landowners Ass'n, Inc. v. Porter County Com'rs, 2009 WL3094940 (Ind. Ct. App. 2009) INDIANA (09/29/09)-In 2008, at the request of Northwest Health, the county commissioners (the "Commis'sioners") adopted a rezoning ordinance (the "Ordinance"). The Ordinance rezoned certain land in the county from "residential" to "institutional," thus permit- ting hospital construction on the land. ( ) Liberty Landowners Association, Inc. ("Liberty") was a voluntary not- ,,--. for profit community association. It was formed in part to protect and 6 @ 2009 Thomson Reuters 34