Agenda - Planning Commission - 10/15/2015

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Zoning Bulletin August 25, 2015 1 Volume 9 1 Issue 16 519.021. In other words, the Commission and Trustee review process of Willow's permitted use zoning certificate application was unlawful because the procedures for creation of a planned residential develop- ment did not apply to Willow's permitted use of the property. Finding the unlawful portions of the Township's Zoning Ordinance were severable from the remaining substantive provisions, the court struck the unlawful sections (i.e., those requiring development plan review of all uses by the Zoning Commission and the provision requir- ing application for zoning certificates for permitted uses be transmitted to the Zoning Commission) in their entirety. Rezoning/Spot Zoning—County rezones property from agricultural to industrial use Adjacent landowner argues rezoning constitutes impermissible spot zoning Citation: Dockter v. Burleigh County Bd. of County Com 'rs, 2015 ND 183, 2015 WL 4041146 (N.D. 2015) NORTH DAKOTA (07/02/151)—This case addressed the issue of whether a county commissioners' decision to rezone a 311 -acre tract of land at the request of the landowner from agricultural to industrial use constituted impermissible spot zoning. The Background/Facts: In March 2013, Dale Pahlke ("Pahlke") ap- plied to the Bismarck -Burleigh County Planning and Development Department (the "Department") to rezone 311 acres of land (the "Prop- erty") that he owned in Menoken Township (the "Township") in Burleigh County (the "County"). Pahlke sought a rezone of his property from agricultural use to light industrial use. Pahlke's Property was lo- cated on the north side of an interstate but was otherwise surrounded by property zoned for agricultural use. Thane and Nicole Dockter (the "Dockters") owned land directly north of Pahlke's Property. The Dockters operated a certified organic fatiii on their land. The Dockters opposed Pahlke's application, claiming that the industrial use of the adjacent land could contaminate their fields and result in loss of certification of their organic farm. Eventually, the County Planning Commission (the "Planning Com- mission") recommended approval of Pahlke's application for the zoning change, subject to specified conditions. In September, 2013, the County Board of Commissioners (the "County Commissioners") adopted the Planning Commission's recommendation to rezone Pahlke's Property for industrial use, subject to specified conditions. © 2015 Thomson Reuters 5