Ely and Linn County Planning and Zoning Commissions

Monday, January 22, 2007

7:00 p.m.

Ely Plan and Zoning Commission Chair Chet Hendrickson called a joint meeting of the Ely and Linn County Plan and Zoning Commissions to order at 7:00 p.m. Ely Plan and Zoning Commission members present: Chet Hendrikson, Brian Palas, Chuck Stockdale, Evan Fitzgerald, Pat Dolphin, and Terry Smith. Linn County Planning and Zoning Commission members present Zora Ronan, Deb Zabotrsky. Staff in attendance: from Ely - Aaron Anderson; from Linn County – Les Beck, Dan Swartzendruber, Kelli Sharpe. Mr. Hendrickson stated the purpose of the joint meeting was to conduct a public hearing on the draft Ely/Linn County City/County Strategic Growth Plan and Fringe-Area Agreement (CCSG).

It was determined that a quorum of the Linn County Planning and Zoning Commission was not in attendance, the meeting of the Linn County Planning and Zoning Commission was declared not in session for lack of quorum.

Brian Palas, seconded by Pat Dolphin, moved to approve the agenda as presented. Motion carried – 6 to 0.

Chair Chet Hendricks introduced Chad Sands, of the East Central Iowa Council of Governments who gave a presentation on the current draft of the CCSG. Mr. Sands presentation included: process and public participation activities undergone prior to this point, summary of the plan’s goals and objectives, future land use map, zoning/development request criteria and review process, and administrative policies. After Mr. Sands presentation, Terry Smith asked if the ability of the city and county to use eminent domain affects or is affected by the plan. Chair Hendrickson stated the question would be more appropriately discussed during the public hearing.

At 7:40 p.m., Chair Chet Hendrickson opened a public hearing regarding the draft Ely/Linn County City/County Strategic Growth Plan and Fringe-Area Agreement. Bob Touchberry asked if the plan dealt with eminent domain, and if Ely would have the power to utilize eminent domain to acquire farmland that has been in his wife’s family for over 100 years. Les Beck stated the constitution gives cities and counties the authority to exercise eminent domain to acquire property, and that the proposed plan does not reflect use of eminent domain in any way.

Bob Touchberry asked why the parcel west of State Street/Ely Road south of current city limits is shown as agricultural on the future land use map rather than residential. Chad Sands replied the future land use map was a product of the second town meeting and several other public meetings, and that none of the participants suggested that area for future residential use. Dale Stanek stated this designation on the future land use map represents the preferences of those attending, and the perceived preferences of potential residents and homebuyers. Chet Hendrickson stated this designation was the consensus of the people who attended and participated previous meetings. Mr. Touchberry stated the land he owns, which is identified for future residential development, is better farmland than the parcel across State Street. Mr. Hendrickson stated the future land use map shows the preferences of the people who participated in preparing it. Dale Stanek stated the future land use map show the preferences of the people who helped prepare it, and perceived growth patterns. Millicent Cozzei stated even if the plan is adopted the property owner controls how the land is used; if the property owner does not want the use to change, all they have to do is to neither sell or decide to change the way it’s used.

Jim Webster stated the commercial area on the future land use map is already developed for rural residential development and asked why this would be changed. Chet Hendrickson stated this area is where rural commercial growth is projected to go as things change in the future. Mr. Hendrickson stated property in this area does not have to be commercial in use, but the plan would support a request to change the zoning to commercial in the future; the plan would show where and how changes to land use and zoning would be supported, but a property’s allowed use does not change unless requested by the property owner. Mr. Webster stated this area was supposed to be rural residential twenty years ago. Chad Sands stated the commercial area was discussed at three meetings quite extensively, and the proposed plan and future land use map are the result of those discussions.

Bob Touchberry asked if a property owner in the commercial area could develop as commercial or put a business on the property. Mr. Hendrickson replied that could be allowed if the proposed use fits into the uses shown in the plan. Brian Palas stated any change would have to happen at the action and efforts of the property owner to request and achieve those changes. Mr. Touchberry asked if property owners could go to commercial in that area. Gentleman #1 asked if the zoning for these areas doesn’t change if this plan gets passed, it only changes if the property owner requests a zoning change. Chet Hendrickson replied that is correct; this is a land use plan, a request to change zoning can pass if it meets the plan. Mr. Hendrickson stated nothing changes now, it stays as is now until a property owner asks for a change. Chad Sands stated the proposed plan would have no impact on tax assessments, property tax assessment categories are based on actual use and would not be affected by the proposed plan and future land use map.

Gentleman #2 stated he lives north of the red area on the Future Land Use map and asked why he was never notified of the plan or planning meetings. Chad Sands stated the City and county both tried to get word of thee meetings out. Les Beck stated a post card notice and invitation was sent to every property owner within 2 miles of Ely city limits for this and two previous meetings.

Gentleman #3 stated he understands the need to identify areas for commercial growth, and asked what light industrial activities are reflected for the commercial area of the future land use map. Chet Hendrickson stated light industrial activities outside city limits are not included in this plan or growth expectations. Mr. Hendrickson stated that residents stated they want certain things and an atmosphere in the area during the planning process; commercial is the heaviest use they wanted. He stated industrial use does not fit among the desired uses for the area shown on the future land use map.

Gentleman #4 stated there has always been a water problem around the future commercial area, and asked if heavy water users would be allowed in the commercial areas. Chet Hendrickson stated the types of commercial uses identified for this area are office commercial similar to the Aegon park and similar, not industrial level water users. Dale Stanek stated larger water users, industrial uses or larger commercial developments would be expected to request Ely water and sanitary sewer. Mr. Hendrickson stated he did not believe the City or County would accept a heavier commercial or any industrial uses that use only a septic system. Chad Sands stated undesirable uses and developments frequently happen outside city limits that have negative effects on both the city and the county, one of the purposes of this plan and agreement is to prevent those sorts of negative developments and effects.

Millicent Cozzei asked how many acres of rural residential, rural commercial and urban services area are shown on the future land use map. Les Beck stated the rural commercial area is roughly 200 acres and the urban services area is significantly larger than the amount of land needed to support the 163 lots recent growth trends would anticipate.

Bob Touchberry asked if there are still restrictions on the number of houses and septic systems allowed per acre in the rural area. Les Beck replied the smallest lot Linn County would allow a home to be built on using a septic system is one acre, and that the County usually requires two to three acres. Mr. Touchberry stated it used to be twenty acres. Mr. Beck stated it depends on the zoning designation. Mr. Beck noted this is not a zoning map, but it allows a framework to help people know what might happen in the future. He stated the majority of the Urban Service Area is currently zoned agricultural, which a parcel would need to be at least 35 acres for a house to be allowed. Mr. Beck stated the plan allows a person to know that more dense residential development could happen if proper services and standards are met, the actual use of the land depends on zoning and property tax assessment classifications depend on zoning and actual use of the land.

Gentleman #5 stated he understands the document and map are all for planning purposes, and that a property owner would have to go through the re-zoning process to develop a parcel or change the zoning to the uses suggested in the plan. He asked what would happen if a person wanted to develop a rural residential project in an area shown as agricultural on the future land use map. Les Beck replied that Linn County has policies in place that say we want to discourage significant non-farm development in agricultural zoning districts. Me stated this pan does not support this type of thing, and that this plan generally does not support denser development unless it is located in an area with adequate infrastructure and services, as outlined in the plan. The gentleman asked if rural-residential development could be approved for a property that is shown as agricultural and not located in the rural-residential area, even if the parcel is adjacent to the rural-residential area. Mr. Beck stated it is possible for the plan to be amended if it does not support an activity or request, and that any request to amend the plan would be reviewed by both Ely and Linn County. Chet Hendrickson stated the request to amend the plan would go to Linn County first, and then back to city. The Gentleman asked if the plan can be amended at anytime in the future. Me. Beck replied it could be.

Gentleman #6 stated the county used to have a minimum lot size of three acres if the lot is near city limits. Les Beck replied minimum lot size depends on how the parcel is zoned; the County has zoning designations that allow one, two and three acre lots. The Gentleman asked if none are allowed less than one acre. Mr. Beck replied no lots smaller than one acre are allowed in the Agricultural area.

A Lady asked if this is the first time Ely has had a strategic and future land use plan. Chet Hendrickson stated Ely has had a land use plan for years; and is working with Linn County to improve coordination of expansion and land use decisions.

Gentleman #7 stated he lives in Villa Hermosa which is also within Cedar Rapids two-mile review area, and asked who would review and approve land use requests for properties that are in the area where Ely and Cedar Rapids 2-mile review authority overlap. Kelli Sharpe stated the review would be done by the nearest city, so in this case any request would be reviewed by Cedar Rapids. Dale Stanek stated nothing actually changes unless and until the property owner makes a request that is reviewed and approved. Aaron Anderson stated that in most situations, except for requests in the urban services area, the property owner would work mainly with Linn County.

Lady #2 asked if a property owner does not like what this plan for their land if they would have to do something to change it. Les Beck replied the plan defines guidelines for making land use decisions and sets out the types of activities that would be supported by the plan. He stated the plan is a guideline, a blue print, for making decisions and that there are options available to amend the plan,. Mr. Beck stated the plan and agreement includes the process to amend the plan.

Gentleman #7 stated that if everything done here is reversible in the future, he would prefer the commercial area to be shown as Urban Service Area, and changed to commercial later when requested by property owners. Kelli Sharpe stated the commercial/residential use question was discussed at several meetings and that the proposed future land use map is the result of the consensus after those meetings. Chad Sands stated the consensus result of the previous planning and workshop meetings is presented on the proposed plan, that the reasons include the benefits of commercial property to Ely’s tax base. Dale Stanek stated the “commercial node” was suggested and people thought it was not clear enough, did not provide enough information or guidance on what would be allowed. Bob Ballantyne stated office commercial development seems to be coming this way, that commercial properties pay higher property taxes by assessed value than residential property, and that the community needs commercial taxes to support activities.

Chet Hendrickson stated future land use plans are reviewed and renewed periodically and that Ely and Linn County would probably start to update this plan five years after it’s adopted. Chuck Stockdale stated this was a process of discussion and consensus with the people who participated in the planning process. He stated a request for a change would be reviewed by both Ely and Linn County, and could ultimately be recommended for approval by one, and denial by another.

Gentleman #7 stated a lot of this commercial development won’t happen without the necessary infrastructure being in place. Chet Hendrickson replied that is exactly the case, commercial development won’t happen unless the necessary infrastructure, like city water and sanitary sewer, is available and the zoning is in place.

Les Beck stated the Linn County Plan and Zoning Commission would hold a public hearing on the Ely/Linn County CCSG February 22, 2007. Chet Hendrickson asked if notice would be sent. Mr. Beck replied Linn County would out notice of the public hearing.

Chair Chet Hendrickson asked if for further comments. None were received. Chair Chet Hendrickson declared the public hearing closed at 8:30 p.m.

Pat Dolphin, second by Brian Palas, moved to recommend approval of the Ely & Linn County City/County Strategic Growth Plan and Fringe-Area Agreement. Motion carried – 6 to 0.

Les Beck thanked all who attended the meeting and participated in the process, and reported the Linn County Planning and Zoning Commission would conduct a public hearing and consider this plan at 6:00 p.m., February 22^nd, 2007.

The meeting adjourned by general acclamation at 8:35 p.m.

Respectfully submitted:

Aaron Anderson, Acting Secretary