(FREMONT) - A rezone discussion listed on Tuesday night's Fremont Plan Commission agenda never moved forward as originally expected. Instead, after a warning from the town attorney, members unanimously recommended an immediate one-year moratorium on zoning action involving casino and gaming uses, data centers and battery energy storage facilities.
Town Attorney Kurt Bachman opened the meeting by telling commission members not to take public input on the rezone discussion involving Mark Hansbarger.
Bachman said the issue was not before the commission, to his knowledge, as a formal public hearing, variance hearing or rezone hearing. He said taking information from members of the public at that point could create what he called a public forum.
Bachman then recommended the moratorium, saying Fremont's current zoning ordinance is old and has "lots of holes."
He said the town has already retained his law firm to work on zoning updates involving gaming, battery storage facilities and data centers. But until those rules are developed, Bachman said the town needs time to gather information, study the issues and put proper ordinances in place.
The Plan Commission voted unanimously to send the Fremont Town Council a favorable recommendation for the moratorium.
Commission members also voted unanimously to waive second reading of the proposal. Bachman told members that step would allow the moratorium to move forward immediately instead of requiring it to come back at their next meeting.
Bachman said the moratorium is not a ban.
Instead, he said it is a pause on formal zoning action, including improvement location permits, rezones and similar steps. He said it would not stop a developer from continuing to work on plans or providing information to the town.
Plan Commission member Terry Fugate questioned whether the moratorium needed to run for a full year, noting the casino referendum is scheduled for November.
Bachman said the gaming portion of the moratorium could move faster than the other issues. He said data centers and battery energy storage facilities are more complex because they involve additional concerns, including decommissioning and utility issues.
Fugate said the vote should not be viewed as approval or denial of a casino.
She said it gives the board time to do the right thing and have its ducks in a row.
Bachman said if voters reject the casino referendum, the gaming portion of the moratorium would become moot for now.
He also said the moratorium can be amended at any time. If the town is ready sooner on one issue, Bachman said that portion could be removed before the full year is up.
Bachman said if the town eventually moves forward with a casino-related overlay district or rezone, he believes the issue would come back before the Plan Commission for a public hearing.
The commission approved both motions without opposition.