HomeMy WebLinkAbout1994-01-24 Public hearing
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NOTICE OF PUBLIC HEARING ON A
COMPREHENSIVE PLAN AMENDMENT
Notice Is hereby given that a public hearing
will be 'held by the City Council 01 Iowa City,
Iowa, at 6:30 p,m. on Monday, the 24th day 01
January, 1994, in Meeting Room A 01 the Iowa
City Public Library, Iowa City, Iowa; at which
haarlng the Council will consider a resolution to
amend the Iowa City Comprehensive Plan by
revising the Fringe Area Policy Agreement
between Johnson County, Iowa and Iowa City,
Iowa. This public hearing will be held Jointly
with the Johnson County Board 01 Supervisors.
Copies 01 the proposed resolution end the
agreement are on lile lor public examination in
the office 01 the City Clerk, Civic Center, Iowa
City, Iowa. Persons wishing to make their
views known lor Council consideretion are
encouraged to appear at the above.mentloned
time and place.
MARIAN K. KARR, CITY CLERK
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City of Iowa City
MEMORANDUM
Date: January 19, 1994
To: Iowa City City Council & Johnson County Board of Supervisors
From: Monica Moen, Senior Planner W
Re: Joint Public Hearing on Proposed Amendments to the Fringe Agreement
On Monday, January 24, 1994, the Iowa City City Council and the Johnson County Board of
Supervisors will hold a joint public hearing on proposed amendments to the Fringe Area Polley
Agreement between the City and the County, The meeting will be held at 6:30 p,m. In Room A
of the Iowa City Public Library and will be televised by the City of Iowa City Government
Information Channel. For your convenience, I have enclosed copies of the same Information that
was distributed to you prior to your November 15, 1993, joint meeting.
I suggest that the meeting be co.chaired by Mayor Horowitz and Chairperson Lacina. The format
I propose for this hearing Is similar to other hearings you have held. Following Introduction of
Board and Council members, City and County staff will provide background and a description of
the proposed changes to the fringe agreement. Board and Council members may then have
questions for the staff concerning the existing and proposed agreements, FOllowing this dialogue,
the hearing should be opened for public Input. Staff will be available to answer any questions
from the public or any additional questions raised by Council or Board members.
At the conclusion of the hearing, Council and Board members may wish to discuss the proposed
changes In the context of public comments made. Council and Board members should also be
prepared to give direction to the Fringe Area Subcommittee and the staff regarding any changes
the Council and Board would like made to the agreement. For the public's benefit, any future
Council, Board or Fringe Area Subcommittee meeting regarding this Issue that may be known
should be announced.
If you have any questions prior to January 24, 1994, please do not hesitate to call me at 356.
5243. .
cc: Steve Atkins, City Manager
Marian Karr, City Clerk
Linda Gentry, City Attorney
Karin Franklin, Director, PCD
Fringe Area Subcommittee
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City of Iowa City
MEMORANDUM
Date:
November 3, 1993
To:
Johnson County Board of Supervisors
' Iowa City City Council
Monica Moen, Senior Planner ~
Proposed Fringe Area Policy Agreement between Johnson County and Iowa City
From:
Re:
BACKGROUND
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Since November, 1992, a subcommittee of two representatives of the Johnson County Zoning
Commission and two representatives of the Iowa City Planning and Zoning Commission have
been meeting and working together to develop a revised agreement that would more effectively
direct and control development In Iowa City's fringe area. The members of the subcommittee are
BI/I Terry and Bob Saunders, representing Johnson County, and Tom Scott and Dick Gibson,
representing Iowa City.
Attached Is a copy of the proposed Fringe Area Policy Agreement between the County and the
City which has been drafted by the subcommittee In a series of meetings held over a ten.month '
period. The proposed agreement represents what the subcommittee feels Is a workable approach
to directing development In the fringe areas that Is also sensitive to the unique Interests and
concems of the City and the County.
In the early stages of the process of devising a new agreement, the County zoning staff, along
with the County representatives to the subcommittee, evaluated the development potential of land
within 'Iowa City's fringe area. This land was Judged on a variety of criteria Including com
suitability, water table depth, environmental features such as wetlands, floodplains and solt
erodablllty, and the suitability of existing roads to accommodate addltlonal development. Based
on this analysis, the County staff and representatives concluded that land with the highest
development potential Is located within the north and west/southwest portions of the City's fringe
area.
This Information was coupled with the City's recently adopted growth policy which anticipates the
City principally growing In an easterly/southeasterly' direction, with some addllional growth
occurring on a limited basis southwest of the community. The challenge facing the subcommittee
was to devise a fringe area agreement that most effectively combined the development
perspectives of the two Jurisdictions wilhout unnecessarily compromising our Individual growth and
development obJectives.
On July 22, 1993, a public hearing on the proposed agreement was Jointly held by the Iowa City
Planning and Zoning Commission and the Johnson County Zoning Commission. A copy of the
minutes of that meeting Is attached for your Information. At its August 9, 1993, public hearing on
this agreement, the County Zoning Commission unanimously recommended approval of the
proposed fringe area agreement accompanying this memorandum. The Iowa City Planning and
Zoning Commission also unanimously recommended approval of this document following Its
public hearing on August 19, 1993. The Planning and Zoning Commissioners from both
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development near highways 1 and 218 should not occur until that land Is annexed to Iowa City.
To assure that this type of development does not occur until annexation, the policy encourages
that undeveloped, non-commercially zoned land In these two quadrants be rezoned by the County
to A.1, Rural. As applications are received to develop land In this portion of the City's growth
limits, favorable consideration will be given by the City to annexing this land and zoning It for'
commercial and/or Industrial uses consistent with urban development patterns.
EXTENSION OF THE CITY'S EXTRATERRITORIAL AREA
Under existing local regulations,' annexation of land to the City automatically extends the City's
extraterritorial area two miles beyond the annexed parcel. The subcommittee has recommended
for Fringe Areas A, B, and C that this extension not automatically occur upon annexation.
Instead, extension of this authority Is to be reviewed on a case.by.case basis In consultation with
Johnson County. The City's SUbdivision regulations would have to be amended to accommodate
this change.
ADMINISTRATIVE AND DESIGN STANDARD COMPONENTS
The administrative and design standard components of the existing fringe area agreement have
been Incorporated Into the proposed document.
CONCLUSION
The proposed agreement Is distinguished from the current fringe area agreement by the land use
map which would be adopted as a component of the agreement. This map conveys the Intent
of the proposed agreement by illustrating exactly where and to what extent non-farm development
Is to occur In the Iowa City fringe area. The proposed agreement would require the City to amend
Its subdivision regulations to change the automatic nature of determining Its fringe area upon
annexation and would require the County to downzone cartaln land within close proximity to Iowa
City and within the City's growth area to fulfill the development policies recommended In this
agreement.
The proposed agreement represents significant work on the part of the subcommittee and zoning
commissioners to develop an agreement that Is workable from both the City and County
perspactlves. We look forward to your reactions to and Input on this document.
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City of Iowa City
MEMORANDUM
Date:
November 3, 1993
To:
Johnson County Board of Supervisors
. Iowa City City Council
Monica Moen, Senior Planner'
Proposed Fringe Area Policy Agreement between Johnson County and Iowa City
From:
Ae:
BACKGROUND
Since November, 1992, a subcommittee of two representatives of the Johnson County Zoning
Commission and two representatives of the Iowa City Planning and Zoning Commission have
been meeting and working together to develop a revised agreement that would more effectively
direct and control development In Iowa City's fringe area, The members of the subcommittee are
Bill Terry and Bob Saunders, representing Johnson County, and Tom Scott and Dick Gibson,
representing Iowa City.
Attached Is a copy of the proposed Fringe Area Policy Agreement between the County and the
City which has been drafted by the subcommittee In a series of meetings held over a ten-month'
period. The proposed agreement represents what the subcommittee feels Is a workable approach
to directing development In the fringe areas that Is also sensitive to the unique Interests and
concems of the City and the County.
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In the early stages of the process of devising a new agreement, the County zoning staff, along
with the County representatives to the subcommittee, evaluated the development potential of land
within Iowa City's fringe area. This land was judged on a variety of criteria Including com
suitability, water table depth, environmental features such as wetlands, floodplains and soli
erodablllty, and the sullablllty of existing roads to accommodate addlUonal development. Based
on this analysis, the County staff and representatives concluded that land wllh the highest
development potential Is located within the north and west/southwest portions of the Clly's fringe
area.
This Information was coupled with the City's recently adopted growth poliCY which anticipates the
City principally growing In an easterly/southeasterly' direction, with some additional growth
occurring on a limited basis southwest of the community. The challenge facing the subcommittee
was to devise a fringe area agreement that most effectively combined the development
perspectives of the two Jurisdictions wllhout unnecessarily compromising our individual growth and
development objectives.
On July 22, 1993, a public hearing on the proposed agreement was jointly held by the Iowa City
Planning and Zoning Commission and the Johnson County Zoning Commission. A copy of the
minutes of that meeting is attached for your Information. At lis August 9, 1993, public hearing on
this agreement, the County Zoning Commission unanimously recommended approval of the
proposed fringe area agreement accompanying this memorandum. The Iowa Clly Planning and
Zoning Commission also unanimously recommended approval of this document following ils
public hearing on August 19, 1993. The Planning and Zoning Commissioners from both
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Jurisdictions feel the proposed agreement presented to you for your review Is a successful etfort
to draft a workable fringe area agreement.
THE PROPOSED POLICY
Similarly to the current fringe policy, the proposed agreement is Intended to provide for orderly
and efficient development patterns appropriate to a non-uri:lanized area, to protect and preserve
the fringe area's natural resources and its environmentally sensitive features, to direct
development to areas with physical characteristics to accommodate development, and to
effectively and economically provide services for future growth and development.
Unlike the present fringe area agreement which divides the Iowa Cily extraterritorial area Into
eight distinct subareas, the proposed agreement aggregates the fringe area Into three subareas,
Areas A, Band C. The three areas are distinct from one another with respect to developabllity
and annexation potential.
Fringe Area A: Fringe Area A, based upon the County's development criteria,- has high
development potential. This area, however, ;s not expected to be annexed Into Iowa City In the
long-term. Consequently, the subcommittee concurred that a limited amount of residential
development was suitable In this area provided that development occurred In a clustered fashion.
This design approach requires the aggregation of housing In a manner that would more closely
resemble urban development patterns while conserving other land In the subdivision as non-
developable open space. This approach would result in a limited amount of development that
would have less of an Impact on Iowa City infrastructure but would resuil in a development
pattem that would be compatible wilh urban development should the area ever be annexed to
Iowa City.
Fringe Area B: Land one mile east of Scott Boulevard and wilhin two miles south of Iowa City
Is likely to be annexed to Iowa City in the short-range. As a result, It Is not in the City's Interest,
with respect to the provision of services, to approve rural subdivisions within these areas of high
annexation potential. Most of the land In this area Is presently zoned for residential development.
Therefore, the polley for Fringe Area B suggests that undeveloped land In these growth areas be
downzoned by the County to A-1 , Rural. As applications are received to develop land contiguouS
to and within the growth limits of the City, the proposed policy notes that favorable consideration
will be given by the City to annexing this land and developing it at urban densities In conformance
with the land use plan recently adopted by the City for fringe areas 5 and 6~
Beyond the City's growth area In Fringe Area B, agricultural uses are preferred. Based upon the
County's development criteria, land beyond the City's growth area Is generaily not well.sulted for
development. Applications for rezoning land beyond the City's growth area will be considered by
the City only if the County development standards are met and on a very limited basis as
described in the development policy for Fringe Area B.
Fringe Area C: The development polley for Fringe Area C Is four.tlered. It makes accommoda-
tions 1) for commercial and/or industrial development, 2) for development of land which Is
presently zoned for non. farm development and which Is also located within the City's growth area,
3) for development of land zoned for non. farm development and located outside the City's growth
area and 4) on a limited basis, for rezoning land presently zoned A'1, Rural.
Commercial and/or Industrial development in that portion of Fringe Area C that Is located wilhin
the east and south quadrants of the Intersection of highways 1 and 218 may occur under certain
conditions. This land will likely be annexed to the City. Similarly to the position In Fringe Area
B with respect to residential development In the City's growth area, commercial and/or industrial
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development near highways 1 and 218 should not occur unUlthatland Is annexed to Iowa City,
To assure that this type of development does not occur until annexation, the policy encourages
that undeveloped, non-commercially zoned land In these two quadrants be rezoned by the County
to A-1, Rural. As applications are received to develop land In this portion of the City's growth
limits, favorable consideration will be given by the City to annexing this land and zoning It for'
commercial and/or Industrial uses consistent with urban development patterns.
EXTENSION OF THE CITY'S EXTRATERRITORIAL AREA
Under existing local regulations,' annexation of land to the City automallcally extends the City's
extraterritorial area two miles beyond the annexed parcel. The subcommittee has recommended
for Fringe Areas A, S, and C that this extension not automatically occur upon annexation.
Instead, extension of this authority Is to be reviewed on a case.by-case basis In consultation with
Johnson County. The Clty's subdivision regulations would have to be amended to accommodate
this change.
ADMINISTRATIVE AND DESIGN STANDARD COMPONENTS
The administrative and design standard components of the existing fringe area agreement have
been Incorporated Into the proposed document.
CONCLUSION
The proposed agreement Is distinguished from the current fringe area agreement by the land use
map which would be adopted as a component of the agreement. This map conveys the Intent
of the proposed agreement by illustrating exactly where and to what extent non.farm development
Is to occur In the Iowa City fringe area. The proposed agreement would require the City to amend
Its subdivision regulations to change the automallc nature of determining Its fringe area upon
annexation and would require the County to downzone certain land within close proximity to Iowa
City and within the City's growth area to fulfill the development policies recommended In this
agreement.
The proposed agreement represents slgnlllcant work on the part of the subcommittee and zoning
commissioners to develop an agreement that Is workable from both the City and County
perspectives. We look forward to your reactions to and Input on this document.
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PROPOSED
FRINGE AREA
POLICY AGREEMENT
BETWEEN
JOHNSON COUNTY, IOWA
AND
IOWA CITY, IOWA
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RESOLUTION NO.
RESOLUTION AUTHORIZING THE CHAIRPERSON TO SIGN AND THE COUNTY
AUDITOR TO ATTEST ANAGREEMENTBETWEEN JOHNSON COUNTY,IOWA,
AND IOWA CITY, IOWA, ESTABLISHING POLICIES FOR DEVELOPMENT OF
LAND WITHIN THE EXTRATERRITORIAL AREA OF IOWA CITY.
WHEREAS, Chapter 2BE of the Code of Iowa, 1993 enables two or more local governments
to enter into agreements to cooperate for their mutual advantage; and
WHEREAS, the Development Policy for Rural Johnson County adopted January, 1979, calls
for the preparation and adoption of development plans and agreements between the County
and the City regarding the municipality and its environment; and
WHEREAS, the Iowa City Comprehensive Plan Update adopted in January, 19B9, and
amended through March, 1993, outlines the extent of urban development expected within the
next 20 years: and
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WHEREAS, it is in the interest of Johnson County and the City of Iowa City to establish
policies for the orderly growth and development within the City's extraterritorial jurisdiction:
and
WHEREAS, Johnson County and the City of Iowa City mutually agree that such policies are
necessary to more effectively and economically provide services for future growth and
development and to protect and preserve the extraterritorial area's natural resources and its
environmentally sensitive features. '
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The Board of Supervisors of Johnson County hereby accepts and agrees to the policies
regarding annexation, zoning and subdivision review for the various designated areas
included in the attached Fringe Area Policy Agreement between Johnson County, Iowa
and Iowa City, Iowa: and
2. The Board of Supervisors of Johnson County hereby authorizes the Chairperson to sign
and the County Auditor to attest to the attached 2BE Agreement between Johnson
County and Iowa City establishing land use policies for the two-mile extraterritorial
Jurisdiction of Iowa City for recordation as provided by law;
It was moved by and seconded by
adopted, and upon roll call there were:
the Resolution be
AYES:
NAYS:
ABSENT:
Meede
Bolkcom
Duffy
Lacina
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Resolution No.
Page 2
Passed and approved this
day of
,1994.
Patricia A. Meade, Chairperson
, ATTEST:
Tom Slockett, County Auditor
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RESOLUTION NO.
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST AN AGREEMENT BETWEEN JOHNSON COUNTY, IOWA, AND IOWA
CITY,IOWA, ESTABLISHING POLICIES FOR DEVELOPMENT OF LAND WITHIN
THE EXTRATERRITORIAL AREA OF IOWA CITY.
WHEREAS, Chapter 28E of the Code of Iowa (19931 enables two or more local governments
to enter into agreements to cooperate for their mutual advantage; and
WHEREAS, the Development Policy for Rural Johnson County adopted January, 1979, calls
for the preparation and adoption of development plans and agreements between the County
and the City regarding the municipality and its environment; and
WHEREAS, the Iowa City Comprehensive Plan Update adopted in January, 1989, and
amended through March, 1993, outlines the extent of urban development expected within the
next 20 years; and
WHEREAS, it is in the interest of Johnson County and the City of Iowa City to establish
policies for the orderly growth and development within the City's extraterritorial jurisdiction;
and
WHEREAS, Johnson County and the City of Iowa City mutually agree that such policies are
necessary to more effectively and economically provide services for future growth and
development and to protect and preserve the extraterritorial area's natural resources and its
environmentally sensitive features.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Council of the City of Iowa City, Iowa hereby accepts and agrees to the
policies regarding annexation, zoning and subdivision review for the various designated
areas included in the attached Fringe Area Policy Agreement between Johnson County,
Iowa and Iowa City, Iowa; and
2. The City Council of the City of Iowa City, Iowa hereby authorizes the Mayor to sign
and the City Clerk to attest to the attached 28E Agreement between Johnson County
and Iowa City establishing land use policies for the two-mile extraterritorial jurisdiction
of Iowa City for recordation as provided by law.
It was moved by and seconded by
adopted, and upon roll call there were:
the Resolution be
AYES:
NAYS: '
ABSENT:
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Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
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Resolution No.
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Passed and approved this
ATTEST:
CITY CLERK
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August 19, 1993
PROPOSED FRINGE AREA POLICY AGREEMENT
BETWEEN JOHNSON COUNTY AND IOWA CITY
WHEREAS. Chapter 28E of the Code of Iowa (1993) enables two or more local governments
to enter into agreements to cooperate for their mutual advantage; and
WHEREAS, the Development Policy for Rural Johnson County adopted January, 1979, calls
for the preparation and adoption of development plans and agreements between the County
and the City regarding the municipality and its environment; and
WHEREAS, the Iowa City Comprehensive Plan Update adopted in January, 1989, and
amended through March, 1993. outlines the extent of urban development expected within the
next 20 years; and
WHEREAS, it is in the interest of Johnson County and the City of Iowa City to establish
policies for the orderly growth and development within the City's extraterritorial jurisdiction;
and
WHEREAS, Johnson County and the City of Iowa City mutually agree that such policies are
necessary to more effectively and economically provide services for future growth and
development and to protect and preserve the extraterritorial area's natural resources and its
environmentally sensitive features.
NOW, THEREFORE. THE PARTIES AGREE AS FOLLOWS:
SECTION I. FRINGE AREA DEVELOPMENT POLICIES
The parties accept and agree to the following development policies regarding annexation,
zoning, and subdivision review for the Iowa City extraterritorial area as authorized by Chapter
354, Code of Iowa 119931.
Purpose: The Fringe Area Policy Agreement is intended to provide for orderly and efficient
development patterns appropriate to a non-urbanized area, protect and preserve the fringe
area's natural resources and environmentally sensitive features, direct development to areas
. with physical characteristics which can accommodate development, and effectively and
economically provide services for future growth and development.
In light of these objectives, the City and the County examihed the development capabilities
of the Iowa City fringe area and determined that development within this fringe area is to
occur in accordance with a) the Land Use Plan attached to this Agreement, bl certain County
development standards, and c) the fringe area development policies contained. in 'this
Agreement.
A. Land Use Pian
The Land Use Plan, attached to this Agreement as Attachment 2. ii1ustrates the land use
patterns for the fringe area.
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B. County Development Standards
The fOllowing County development standards apply to fringe area development.
1. Discourage development in areas which conflict with the Johnson County
Comprehensive Plan which considers CSR (Corn Suitability Rating). high water
table, wetlands, floodplain, non.erodible soil, and road suitability.
2. Promote development on hard surfaced roads, rely on agreements with developers
to assume the cost of maintaining and upgrading eXisting county roads, impose
impact fees or establish special assessment districts.
3. Protect the public health by requiring developers to meet or exceed minimum
construction standards for water and wastewater systems in all developments
within the Iowa City Fringe Area,
a. The Johnson County Board of Health's criteria for Evaluating Water Wells in
Proposed Subdivisions in effect at the time a developer seeks subdivision
approval will be the guiding document in evaluating proposed water systems.
b. All new developments must become part of the Johnson County Onsite
Wastewater Management District and adhere to the City of Iowa City's
Wastewater Treatment and Disposal System Policy.
C. Fringe Area Development Policies
The parties agree to apply the following fringe area development policies,
FRINGE AREA A (FORMERLY AREAS 2, 3 AND 4)
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Permit residential development by considering, on a case.by.case basis, proposals to
rezone land in this area to RS-3 (one dwelling unit per three acres of lot area) provided
all new subdivisions conform to the County's requirements for clustered developments.
lots shall not exceed one (1) acre in size. Development must comply with City Rural
Design standards.
If land is annexed within Fringe Area A, the City agrees that it will not automatically
extend its extraterritorial authority to review and approve all subdivisions which it
exercises pursuant to Iowa Code ~354.9 and Chapter 32, Code of Ordinances of the
City of Iowa City, Iowa. The City will review the extension of its extraterritorial area as
a result of annexation on a case.by.base basis in consultation with Johnson County.
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FRINGE AREA B IFORMERL Y AREAS 5 AND 61
As set forth in Iowa City's recently adopted growth policy, the City will likely annex land
within one mile of Iowa City to the east and within two miles of Iowa City to the south
in the short-range. It is therefore consistent with the purpose of this agreement not to
approve rural subdivisions within these areas of high annexation potential.
1. Land within one mile of Iowa City for which a final subdivision plat has not been
recorded prior to , 1993, should be downzoned to A-1, Rural. As
applications are received to develop land contiguous to and within the growth
limits of the City, the City will give favorable consideration to annexing this land
and developing it at urban densities in conformance with the City's recently
adopted land use plan for fringe area B (Attachment 1 ).
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Land within one mile of Iowa City for which a final subdivision plat has been ; ,
recorded prior to , 1993. will retain its present zoning designation. I .
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Development of that land may proceed in accordance with the approved and ,
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recorded final plat. If the design of a recorded final plat does not allow I:
resubdivision at an urban density and development of that subdivision has not 11 I!
commenced, the developer is encouraged to redesign the subdivision consistent "
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with urban design standards, and to resubmit the plat for approval by the '1'
appropriate jurisdiction(s). I' Ii
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Land within one mila of Iowa City for which a plat of survey has been recorded L
prior to January 1, 1977, will retain its present zoning designation. Development
of that land may proceed in accordance with the recorded plat of survey. If the I: ,'.
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design of a recorded plat of survey does not allow resubdivision et an urban
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density and development of that plat of survey has not commenced, the developer " II
is encouraged to subdivide the tract consistent with urban design standards and I
to submit the subdivision plat for approval by the appropriate jurisdiction(s).
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2. On all properties outside Iowa City's projected growth area, agricultural uses are ' II
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development. Consideration will be given to applications for single-family I
residential (RS or RS-3) development beyond a farmstead, provided the site is a)
a minimum of one acre in size and a meximum of three acres in size, b) part of an
A-1 zoned parcel which is a minimum of 40 acres in size. and c) in conformance
with the County's development standards. A maximum of one 1-3 acre parcel per I
40 + acre tract will be rezoned to RS or RS-3 to permit construction of one single-
family residential dweiling provided it meets the County development standards.
3. Upon annexation of land within Fringe Area B, the City agrees that it will not
automatically extend its extraterritorial authority to review and approve all
subdivisions which it exercises pursuant to Iowa Code ~354.9 and Chapter 32,
Code of Ordinances of the City of Iowa City, Iowa. The City will review the
extension of its extraterritorial area as a result of annexation on a case-by-base
basis in consultation with Johnson County.
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FRINGE AREA C IFORMERL Y AREAS 1, 7 AND 8)
1, With the exception of the portion of Section 20 of West Lucas Township located
in the east and south quadrants of the Highway 1 and Highway 218 interchange,
land in Area C which is presently zoned for non.farm development, and within
Iowa City's growth area, may develop in conformance with eXisting zoning,
provided those areas develop in conformance with l!.!1mn design standards.
Upon annexetion to Iowa City, commercial and/or industrial development is
encouraged in the portion of Section 20 of West Lucas TownShip that is located
in the east and south quadrants of the Highway 1 and Highway 218 interchange.
It is therefore consistent with the purpose of this agreement not to approve
commercial and/or industrial developments within this area prior to annexation.
To further the goals of this Agreement, undeveloped, non'commerciallyzoned land,
as illustrated in red on the accompanying Land Use Plan, should be rezoned to A.l ,
Rural. As applications are received to develop land contiguous to Iowa City and
within this portion of the City's growth limits, the City will give favorable
consideration to annexing this lend and developing it for commercial and/or
industrial uses consistent with urban development patterns.
2. In the portions of Area C which are not within Iowa City's growth area and which
are zoned for non.farm development, developme'nt may occur but only in
conformance with the County's cluster subdivision requirements. Development
must comply with City Rural Design Standards.
3. The land in Area C currently zoned A'I, Rurel, will not be rezoned for non.farm
purposes unless:
a) the land is annexed to Iowa City, or
b) for residential purposes. the site (1) is a minimum of one acre in size and a
maximum of three acres in size, (2) is part of an A.l zoned parcel which is
a minimum of 40 acres in size. and (3) conforms with the County's
development standards. A maximum of ~ 1.3 acre parcel per 40 + ecre
tract will be rezoned to RS or RS'3 to permit construction of one single.
family residential dwelling provided it meets the County development
standards.
4.
Upon annexation of land within Fringe Area C, the City agrees that it will not
eutomatlcally extend its extraterritorial authority to review and approve all
su~1ivislons which it exercises pursuant to Iowa Code 1354.9 and Chapter 32,
Code of Ordinances of the City of Iowa City, Iowa. The City will review the
extension of its extraterritorial area as a result of annexation on a case.by.base
basis in consultation with Johnson County.
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SECTION II. ADMINISTRATIVE POLlCIE~
As a rule, zoning regulation is the county's prerogative if a county has adopted a zoning
ordinance. The City, however, exercises authority over subdivision regulation in a city's
extraterritorial area. Annexation is also primarily under exclusive rule of cities. Each of these
activities, however, affects both jurisdictions and produces a clear need for coordination and
joint administration. To that end, the City of Iowa City and Johnson County agree to the
fOllowing procedures for administration of land use regulations.
A. Zonina Reoulatiol1:
1. Zoning reguletion for all unincorporated territory will remain under the authority of
the Johnson County Zoning Ordinance and the provisions of Chapter 335, ~
of Iowa (1993), the enabling legislation for the County's zoning powers.
2. Measures outlined in this Agreement which require rezoning of specific areas shall
be undertaken within one (1) year of adoption of this Agreement.
3. The County will forward each request for rezoning of property within the Fringe
Areas specified in this Agreement to the City for review and comment prior to the
public hearing before the County Zoning Commission. Any zoning change will
conform with the policies identified for the Area in which the property is located.
B. Subdivision Reaulation:
1. Subdivision of land within Iowa City's area of extraterritorial jurisdiction will be
required to conform to either City Rural Design Standards or the City Urban Design
Standards in accordance with the policies specified in this Agreement.
2. Persons wishing to subdivide land within the Fringe Areas specified in this
Agreement shall be required to simultaneously file a subdivision application with
both the City and the County. The City and the county shall coordinate the
processing of the application to ensure concurrent review by both the City Planning
and Zoning Commission and the County Zoning Commission.
3. Subdivisions of land into less than three lots will continue to be regulated by the
County.
C. AnnexBtiol1:
1. Iowa City will annex territory only in accordance with the policy statements
specified in this Agreement.
2. The City will, upon receipt, forward applications requesting annexation or
severance ldeannexation) of property within the Fringe Araas specified in this
Agreement to the County for review and comment prior to consideration by the
Iowa City Planning and Zoning Commission.
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SECTION III, AGREEMENT REVIEW
Every three (3) years during the term of this Agreement, either the Chair of the Johnson
County Board of Supervisors or the Mayor of the City of Iowa City shall initiate review of the
policies of this Agreement by contacting the other party to this Agreement. Both parties to
this Agreement shall consider modifications of this Agreement, as appropriate.
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SECTION IV. EFFECTIVE PERIOD
This Agreement shall become effective upon acceptance and execution by the parties, and
shall be in effect until (21 years). This Agreement may be modified
and extended by the written mutual consent of the parties.
SECTION V. RECORDATION
This Agreement shall be filed with the Secretary of the State of Iowa, and with the Johnson
qounty Recorder in compliance with Chapter 2BE, Code of Iowa (1993).
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Dated this
day of
,1994.
JOHNSON COUNTY
By:
Chairperson, Board of Supervisors
Approved by:
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County Attorney's Office
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Attest: '
County Auditor
Dated this
day of
,1994.
CITY OF IOWA CITY
By:
Mayor
Attest:
City Clerk
Approved by:
City Attorney's Office
ATTACHMENTS:
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1. Fringe Area B (formerly Areas 5 and 6) Land Use Plan.
2. Proposed Land Use Map for the Iowa City Fringe Area.
3. Appendix
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LEGEND
. ,~I Di ' , RESIPENTIAL
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\ D AGRICULTURAL
F71. GR,OWTH AREA
rLJ LIMITS
I~ COMMERCIAL AND/ 1
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A - Areas 2,3,4 .'
B - Areas 5,6
C - Areas 1,7,8
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APPENDIX
Definition of Standards
Citv Urban Desion Standards:
Those standerds enumerated in Section 32-54 to 32-S0 of the Code of Ordinances of Iowa
City which the City imposes on any subdivision within the corporate limits of Iowa City.
Citv Rural Desion Standards:
1,0 Streets
1.1 Streets shall be designed for a minimum surface width of 22 feet. Curb and gutter will
not be required.
1.2 The right-of-way for local streets without curb and gutter shall be SO feet to enable
retrofit of sewer, water, and sidewalk in the future as necessary: otherwise, the right-
of-way for local streets with curb and gutter and storm sewer shall be 50 feet. The
right-of-way for arterial, industrial, and collector streets for the developed area shall
be determined in conjunction with the Planning and Zoning Commission.
1.3 The maximum street grade for local streets shall be 12%.
1.4 The pavement cross section for all pavements will be a 2% parabolic crown. This
cross slope is equivalent to 14-inch per foot.
1.5 The pavement slab shall be constructed of a S" rolled stone base and a 22-foot wide
chipseal surface.
1.S Minimum corner radii shall be 20 feet.
1.7 The minimum ditch grade shall be 1.0%. In addition, it will be necessary to place a
12-inch diameter (minimum) culvert, either reinforced concrete pipe or corrugeted
metal pipe, through all drive approaches constructed over a drainage ditch. The exact
size of pipe required will be a function of the area to be drained.
1.8 Drive approaches shall be hard surfaced within the right-of-way.
2.0 Water Distribution Svstem
2.1 We Ills) shall conform to the requirements of the Johnson County Health Department
and the distribution system, if installed, (water main) shall be either ductile cast iron
pipe (ANSI A21.50 manufactured in eccordence with ANSI A21.50) or poly vinyl
chloride pipe (PVC-ASTM D1784, Type 1, Grede 1,200 psi design stress and SDR of
17 or less).
2.2 It shall be the responsibility of the Developer's Engineer to estebllsh a fire reting for the
erea being developed. Prior to plat epprovel, there shall be a letter of transmittal from
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the eppropriate Fire Protection District approving specing, location, number of fire
hydrants, size of mains, pressure, etc.
2.3 Connection to the City of Iowa City Water Distribution System is subject to City
Council consideretion based on availability. Generally, annexation is a criterion which
must be met.
3.0 Sanitarv Sewer
All methods of sanitation shall conform to the 1989 Johnson County Board of Health Rules
and Regulations Governing On-site Wastewater Treatment and Disposal Systems and to tha
1990 Iowa City Wastawater Treatment and Disposal System Policy.
4.0 Storm Sewers
4.1 With the exception of developments located in the Old Man's Creek watershed, the
City Storm Water Management Ordinance shall apply to new developments located
outside the City limits of Iowa City but within the City's area of extraterritorial
jurisdiction.
4.2 All storm sewers shall conform to revised Section VII (Storm Sewers) of the Design
Standards for Public Works Improvements in Iowa City, Iowa.
4.3 Culverts shall be a minimum of 12 inches in diameter; either reinforced concrete pipe
or corrugated metal pipe (minimum gauge 18 and corrugations 2'x Y,", 2%"x Y,", and
3"xl") shall be used. Culverts shall conform to the Stendard Soecifications for
f.liohwav and Bridee Construction. Series of 1977. Minimum cover over the top of
culvert shall be six inches.
5.0 Undereround Utilities
5.1 Whenever a subdivision shall be laid out such that a new street is required, telephone
and electric utilities shall be underground. It is not intended that small subdivisions
which would use an existing county road would follow this requirement since overhead
utilities are probably directly adjacent to the property.
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MINUTES
JOINT PUBLIC HEARING
IOWA CITY PLANNING AND ZONING COMMISSION/JOHNSON COUNTY
ZONING COMMISSION
JULY 22, 1993.7:00 P.M.
COUNCIL CHAMBERS . IOWA CITY CIVIC CENTER
MEMBERS PRESENT:
Iowa City: Ann Bovbjarg, Casay Cook, Dick Gibson, Tom
Scott, George Starr
Johnson County: Milver Hora, Robert Saunders, William Terry
MEMBERS ABSENT:
Iowa City: Pete Coo par, Sally Dierks
Johnson County: Robert Randall, Kae Wild
STAFF PRESENT:
Iowa City: Marsha Bormann, Karin Franklin, Monica Moen
Johnson County: Rick Dvorak, John Shaw, Pat White
Terry called the meeting to otder at 7:17 p.m. The members of the two commissions and the
staff parsons introduced themselves to the public. Terry explained the hearing wes being held
in the Civic Center so that it could be televised.
Terry said the Fringe Area Subcommittee members were asked by their representative bodies
(the Johnson County Board of Supervisors and the Iowa City Council) to attampt to craate a
Fringe Area Agreement that would be effective for both Iowa City and Johnson County for
tha next ten to twenty years. He said Iowa City is a growing, viable community and the City
and County must work together; the sole purpose of the subcommittee has been to work
coopsrative.ly and fruitfully, and he is extremely pleased to heve been a part of the
subcommittee. He also commended both the City and County staff for their hard work. He
noted the subcommittee is only edvisory and has no authority other than to advise their
respective governmental bodies. Terry stressed the public is welcome at all meetings of the
subcommittee and public input is needed. He said no formal action on the proposed
agreement would be taken at this public hearing; the subcommittee will meet immediately
following the close of the public hearing to take public comments into consideration.
Franklin said the fringe area is the extraterritorial Jurisdiction of Iowa City; state law allows
cities to epprove subdivisions within the two miles of their corporate limits. She said the state
law is an enabling law which Iowa City has chosen to exercise; as the City's current local
laws stand, as soon as the City annexes an area, the fringe area is automatically extended
two miles. She said the authority within the two mile area is split between the City and the
County; the County has the authority to zone, the City has the authority with the County to
review and approve subdivisions. She said annexations are within the power of the City.
Franklin said the Fringe Area Agreement is a policy documant that is used by the Johnson
County Zoning Commission, the Iowa City Planning and Zoning Commission, the Johnson
County Board of Supervisors, and the Iowa City City Council to maka decisions about
development in this area. She said it has general statements, as opposed to specific
statements about specific pro parties; it is in the zoning of th'e properties that the policy
statements are carried out. Franklin said the Fringa Area Agreemant also puts property
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Planning and Zoning Commission/Johnson County Zoning Commission
July 22, 1993
Page 2
owners on notice as to what the intentions of the City and the County are in terms of the land
use and development within the extraterritorial area.
Franklin said the egreement currently in place was adopted in 1983, after a great deal of
deliberation by various Commissions, Boards, and Councils: amendments were made to the
agreement in 1986 and 1987, dealing basically with development in the area immediately
north of Iowa City along Highway 1 and Rapid Creek Road and with street standards for
development in various parts of the two mile area. She said the proposed agreement being
discussed tonight is an entirely new document in response to growth in the area generally and
is an effort to take a comprehensive view of the two mile area and growth in the county; the
new agreement also attempts to reconcile some of the past differences in perspectives on
growth by tha City and tha County.
Franklin said the new agreement includes a land use map, which the previous agreement did
not: the subcommittee and staff feel the land use map visually explains the intentions of the
City and the County for the future of this area. She said in the new agreement, the nine
distinct areas outlined in the previous Fringe Area Agreement have been combined into three
areas based on commonalties; it is believed this will be less complicated. She said the
proposed agreement is the culmination of discussions that started in the spring of 1992: since
January of 1993, tha subcommittee has been meeting to develop the document now being
considered.
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Moen reiterated the unique perspectives of the County and City with respect to development
in the area surrounding Iowa City. She said the subcommittee was challenged with the .
opportunity to attempt to reconcile some of those differences and to develop a document that
does not unnecessarily compromise either the City's or County's goals and objectives.
Moen seid at the eerly stages of discussions, the County independently assessed the
developebility of land within the Iowa City fringe area: that developability was based on
characteristics that the County typically utilizes to assess whether a piece of land is more
suited for development or should be retained for agricultural purposes. She said the County's
conclusion was that land to the north, west and southwest of Iowa City was more suitable,
from the County's perspective, for residential development.
Moen seld Iowa City had independently done a study as to the developability of land outside
of its present corporate limits by looking at the City's futuro ability to provido municipal
sanitary sewer service; that ability is based on topographic considerations which is distinct
from the County's perspactive concerning land developability. She said, as a result of the
City's study, the City concluded that development to the eest, south and southeast of Iowa
City is mora suitable for residential development. Moen said it is staffs' opinion thet the
subcommittee has been successful in developing a proposed Fringe Area Policy Agreement
thet successfully melds both the County's and City's interests and does not unnecesserily
compromise their unique interests.
Dvorak said County staff was charged wiih the responsibility of trying to determine, in
reference to the County's Comprehensive Plan, in what areas development should be
promoted or discouraged. He said the County Engineer's basic philosophy was that all
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July 22, 1993
Page 3
development should occur on hard surfaced roads; if this was not possible, development
should be discouraged. He said the possibility of incorporating impact fees or special
assessment districts was also discussed for small scale developments along gravel roeds.
Dvorak said the County also solicited input from the Johnson County Board of Health; their
recommendations included that all wells of over fifteen hookups meet state DNR requirements
and that any development of four to fourteen lots share a common well. He said their other
area of concern was wastewatar disposal; the Board of Health faels all developments of four
or mora lots should adhere to the rules adopted by the Johnson County Board of Health
regarding onsite wastewater management districts.
Dvorak said the neXt area reviewed by the County was conformity to the existing Comprehen-
sive Plan; this was done through maps provided by the Soil Conservation Service. He said
four basic criteria were used: corn suitability rating ICSRI, landscape positioning Wood plain
areasl, water table levels, and the presence of hydric soils. He said the four criteria ratings
were then averaged to develop a point system for the desirability of development. Dvorek
displayed several maps created using the listed criteria, as well as a summary map rating the
desirability of development from the County's perspective in the 104 sect,ions surrounding
Iowa City.
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Moen said, beceuse development within a city occurs at urban densities, it is incumbent upon
the City to provide municipal sanitary sewer sarvice; without that system, houses could not
be aggregated to the density that is characteristic of an urban setting. She said the City's
ability to grow was based on its opportunities to provide future sanitary sewer service. Moen
displayed a map which identified the portions of the fringe area that are physically capable of
ultimately being servad by an Iowa City municipal sanitary sewer system, based on the City's
proJacted improvements to the sanitary sewer system within the next twenty years. She said
the City's sanitary sewer service is based on a gravity flow system; the City used the
topography of the land to determine how that land laid and, consequently, whether it could
be served by a gravity flow system. She said predominently within one'mile east of Iowa
City, approximetely two miles south of Iowa City, and to a limited extent, to the west and
southwest, are areas that have higher annexation potential as a consequence of their-future
ability to be served by the municipal sanitary sewer system. She noted this runs counter to
the County's analysis and the challenge before the subcommittee was to attempt to reconcile
those differences without compromising whet both the County and City were seeking to I '
achieve. !
Moen said the policy that is being considered is guided by the same principles as the existing
Fringe Area Agreement; the basis upon which the agreemant has been developed are twofold:
to ensure that efficient development patterns occur in an non-urbanized setting and to ensure
every effort will be made to conserve and protect the fringe area's natural rasources and
environmental featuras. She said tha existing Fringe Area Agraement divides tha two mile
area into nine distinct areas; the proposed agreement aggregates the fringa area into three
areas, based on devalopability and annexation potential.
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July 22. 1993
Page 4
FRINGE AREA A:
Moen said the City does not project this area to be annexed into Iowa City in the long-range
whereas the County feels this area is better suited for development. She said the
subcommittee concluded that a limited amount of development could occur in this area
provided the County's development standards are met. but development should occur in a
clustered fashion. She said the agreement suggests this area could be rezoned to RS3. which
allows one dwelling unit per three acres; the cluster requirements would oblige the developer
to place the dwellings on lots that do not exceed one acre in size. with the remaining land
being held as open space. She said development in a clustered manner is preferable from
Iowa City's perspective because if future annexation were to occur, the City would be
acquiring a land use pattern that more closely resembles what currently exists in Iowa City.
FRINGE AREA 8:
Moen said the City anticipates annexation of the area within one mile east of Iowa City;
beyond that area, the City loses its ability to provide municipal sanitary sewer service. She
said much of the area one mile eest of the City is presently zoned for residential development.
She said it is not in the City's interest to entertain applications for development in that area
that is presently in the County and zoned for residential purposes because development would
occur in a more rural fashion: instead it is preferable that land not develop until such time as
it Is annexed to Iowa City, so that it could be developed in an urban pattern and provided with
sanitary sewer service. Moen said, In order to achieve that desired effect. the Fringe Area
Agreement suggests that. within the area one mile east'and two miles south of Iowa City. any
land that is currently zoned for residential development be rezoned for agricultural purposes
to discourage the ability to develop. She said if a property owner were interested in pursuing
development. they would be motivated to approach the City to consider annexetion and
development at urban standards. She said beyond the area mentioned above, agricultural
uses are pieferred: the policy states that land will not be rezoned to permit non-farm
development. She noted the agreement does make some accommodation for a restricted
amount of residential development in areas in which agricultural uses are preferred.
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FRINGE AREA C:
Moen said within Fringe Area C to the west and southwest of Iowa City. the development
policy Is four'tiered and makes accommodations 1) for commercial and/or industrial
development. 2) for devalopment of land which is presently zoned for non.farm development
and which is also located within the City's growth area. 3) fOr development of land zoned for
non' farm development and located outside the City's growth area. and 4) on a limited basis.
for rezoning land presently zoned A 1. Rural.
Moen noted Iowa City projects future commercial and/or industrial development within tha
east and south quadrants of the intersections of highways 1 and 218; the agreement
recommends that any non.commerclal zoning be downzoned to agricultural. She explained
the reasoning for the downzonlng is that it is to the City's disbenefit to acquire development
that does not heve an urban character: at such time as land in that area comes forward for
development, the City would encourage annexation and developmant at urban standards.
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July 22, 1993
Page 5
Moen said the area outside the City's growth area with a zoning other than agricultural would
be encouraged to develop according to the County's clustered subdivision standards: if that
area were annexed into Iowa City in the distant future, the City would be acquiring
development that resembles the City's usual requirements. She said there are also
accommodations for a limited amount of residential development ori land outside the City's
projected growth area and presently zoned for agriculture; the agreement allows for one
additional dwelling on one to three acres for a parcel of at least 40 acres.
Moen said one of the important factors within the proposed Fringe Area Agreement is the
City's statement that it would not automatically extend its fringe area upon annexation;
presently the regulations guiding the location of Iowa City's fringe area mandate that upon
annexation to Iowa City, the fringe area is automatically extended two miles beyond thet
point. She said the subcommittee has recommended that the City evaluate whether to extend
the fringe area on a case.by.case basis in consultation with Johnson County.
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Moen said the major issues that will be confronting the Iowa City Planning and Zoning
Commission, the Johnson County Zoning Commission, the Iowa City City Council, and the
Johnson County Board of Supervisors are the downzoning recommendation and the issue of
non'automatic extension of Iowa City's fringe area. She said the proposal being considered
represents compromises, but the subcommittee feels those compromises have been
successfully addressed and serve to provide a workable document guiding development within
the fringe area.
In response to a question from Cook, Dvorak said the County's Comprehensive Plan stresses
the importance of protecting prime farmland and the CSR is a major factor in determining
what is considered prime farmland.
Bovbjerg asked if the decision to extend the fringe area would be made when the City was
considering annexation or after annexation occurs. Moen said the timing mechanism has not
yet baen established but she anticipates that issue would be raised at the time an annexation
proposal is being considered. Saunders said the reason the County asked for this compromise
was because of concerns about impacting residents who fall within the two mile fringe area'
but will realistically never be annexed into the City.
Franklin said the decision regerding extension of the axtraterritorial area is given to the City
by the state and can be made without the concurrence of the County; the agreement
proposes consultation with tho County before the extension decision is made by the City. She
said the agreement does not abrogate that authority to the County.
In response to questions from Cook regarding the Johnson County Dnsite Wastewater
Menagement Districts, Johnson County Public Health Director Graham Dameron said the
County currently has one wastewater management district within the entire county; at this
point in time, it is for new subdivisions that have fifteen or more lots or in some cases, smaller
' subdivisions that have particular problems, such as needing alternative sewage systems or
having great slope within the subdivision. He said currently there are approximately 12
subdivisions that fall within that category within the County. He said recently the Health
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July 22, 1993
Page 6
Department has been trying to include some of the axisting subdivisions that wara platted
bafora 1968 but that has not come to fruition yet.
Public discussion opened at 8:07 p.m.
Jim Throamorton. 1026 Friendlv Avenue. said he is a professor of Urban and Regional
Planning at the University of Iowa and thanked the Commission members for the opportunity
to speak to them. He noted that the hearing had already lasted 50 minutes, yet he is the first
membar of the public to speak daspite what the published aganda indicated would occur at
this meeting. He said he was unaware a prasentation of the proposed agreement would be
made and all his comments are based on the materials he received through tha mail. He said
he feels at a bit of a disadvantage and he is unsure whether to comment on the written
material he received or on the presentation made tonight.
Throgmorton said he sees no reason to object to the general intent of the proposed
agreement, especially as expressed at the bottom of page 1 and the top of page 2 of Moen's
July 14 memorandum. He said he had three particular issues to raise; collectively they
suggest the details of the agreement will, if carried out, perpetuate a development pattern that
is radically altering the character Johnson County's cities and towns and which cannot be
sustainad over the longer term.
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Throgmorton said t~e proposed document constitutes a deal struck on bahalf of two public
jurisdictions and tha subcommittee did virtually nothing to involve the general public in it's
work. He said that statement was not intended as personal criticism of anyone involved but
rather as a comment from a person outside of the process wanting to have some say about
It. He said surely the two Commissions have the right and responsibility to develop such
agreements but asked why not do it In the full light of day all along the way. He questioned
whethar there is a clear need for a revised agreament and asked, if the revised agreement
would have important consequances, why not ensure that interested members of the public
know what the subcommittee is doing and why: He stated the public should have the
continuing opportunity to influence the subcommittee's thinking along the way. He said the
material made available to the public prior to tonight's public hearing does not clearly say why
a revised agreement is necessary, nor do as it inform the public of the alternative policies
considered but rejected or what the consequences of the proposed agreement are likely to be;
lacking that kind of information, he is not persuaded that any changes are necessary or that
the proposed changes are the best that can be achieved.
Throgmorton said he strongly supports the proposed agreement's stated intention to preserve
natural areas and, environmentally sensitive areas but also observed that the agreement does
not identify where those resources and features are located or how they will be preserved.
He urged the commissions not to adopt the agreement without first Incorporating a mep that
explicitly defines the boundaries of those areas or, at least, provides quantitative measures
that would enable any other person to easily identify their locations. He also urged the
commissions not to adopt the agreement without clearly stating that the development of
those environmentally sensitive areas will not simply be discouraged as currently phrased in
the agreement, but will be actively prohibited. He asked if the proposed policy will permit
further development in flood plains or In wetlands or permit further destruction of high quality
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Planning and Zoning Commission/Johnson County Zoning Commission
, July 22, 1993
Page 7
ecosystems and associated biodiversity. He said if such consequences would flow from this
agreement, then it would not be worth the paper it is written on.
Throgmorton said the proposed agreement says nothing about providing for a pattern of
development that can be sustained over the longer term. He said the conventional pattern of
urban development depends on imports of natural resources, such as energy and materials,
and on the export of pollutants, such as carbon dioxide and toxic chemicals; right now Iowans
import 97 percent of the energy they use and export capitol at a rate of $5 to $7 billion per
year to pay for it. He said, prorating on the basis of population, he estimates that capitol is
flooding out of the City and the County at the unaffordable rate of $200 to $250 million per
year. He said such a massive hemorrhaging of capitol cannot be sustained yet the proposed
agreement might, like dikes and levies along a river, simply accelerate the rate of outflow and
worsen the consequences when something goes wrong. He said, just as it is possible to store
floodwaters temporarily in wetlands and beck channels, it is possible to imagine an alternative
pattern of development that would be far more affordable and more sustainable. He said that
pattern would prohibit the development of fragile or sensitive natural areas and develop the
remaining areas in a more compact, more diverse, more pedestrian.oriented manner; what
that implies in practice ,is that development should not be encouraged to sprawl in the
conventional pattern exemplified by Attachment 1 of the proposed policy; rather development
should be directed towards existing towns, while protecting the traditional character of those
towns and it should permit development of the remaining portions of the County only at very
low densities.
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Throgmorton urged the commissions to return the proposed agreement to the subcommittee
with instructions to 11 conduct a series of public meetings based on principles of dialogue in
which people can talk about the desirability and likely consequences of the proposal and of
alternatives to it, 21 precisely define the locations of environmentally sensitive areas and
specify the actions that will be taken to prohibit development in those areas, and 31 explore
ways in which the City and County can, by joint agreement, promote a more compact.
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diverse, and pedestrian.oriented pattern of development, that reinforces the region's
traditionel character and which can be sustained over the longer term. Throgmorton added
he did mean to be overly critical of'the people involved in the development of the proposed
agreement because he respected them all a great deal. '
Saunders asked Throgmorton to define his concept of compact arees. Throgmorton said,
instead of segregating uses, provisions should be made for more compact development so
that activities are in a more compact, concise form; i.e., people do not have to drive
everywhere to get everything that they need and do everything they need to do; instead, they
can walk or pursue other modes of transportation to move around within the area. He said
examples would be the inner portions of West Branch, Iowa City, and North Liberty.
Saunders asked how Throgmorton accounted for people's preferences not to develop that
wey. Throgmorton seid he had seen no evidence that people feel that way. He said if people
are not provided with alternatives, they will not be able to pursue alternatives. He said people
have to buy what is being built, which is currently large homes on large lots on the fringe of
the City in a very disperse pattern: he said perhaps that is what people want but he believes
it is not sustainable in the long run and will come back to haunt future generations. Saunders
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July 22, 1993
Page 8
said he has seen resistance to mixing industrial and residential development; Throgmorton
agreed it is better to think in terms of mixing residential and commercial activities rather then
residential and industrial development.
Rick Borchard. 4819 Raoid Creek Road. said he lives in the proposed Fringe Area A and agrees
with Throgmorton on the availability of specific information regarding the proposed
agreement. He noted Moen has provided him the minutes of the meetings and development
plans as they have progressed but he had difficulty obtaining items such as information on
road assessments, and County rural design standards. He said he knows this policy was
developed because of the disagreement of the philosophies of the two governments involved.
He noted there are still some areas where the City would have some say in Area A and the
County would have some say in Areas Band C but he cannot determine who would have the
final approval.
Borchard said, he has concerns with emergency service vehicle access, the enforcement of
speed limits, the water quality and quantity, the number of houses that will be allowed in
Fringe Area A and how growth in the area will be limited, and how it will be determined when
a road is saturated. He noted the County Engineer recommended that development be
allowed only on hard surfaced roads; he said if development is allowed on oiled roads, the
County will have to consider right-of-ways and possible straightening of the roads.
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although it is a new policy, it is merely a continuation of something that wasn't agreed upon
in the original agreement. He said he was very active in developing the original agreement and
he has been very disappointed because it has been nibbled away by tampering and removing
words like 'discourage' and 'agricultural uses preferred'; successive emendments have
resulted in more traffic, septic tanks, and wells. He said he feels this egreement is not nearly
as specific as the original agreement and he feels it will just lead to more problems and more
interpretations. He suggested, In view of the fact that there has been a tremendous nibbling
effect to the original agreement, that the density standard for Fringe Area A be reconsidered
at one housa per five acres rather than one dwelling per three acres.
Borchard said the political influence of the Johnson County Board of Supervisors will be
greatly reduced in Fringe Areas Band C and emphasized in Fringe Area A; he wondered how
that would impact future elections and how the Board of Supervisors will view the other
arees.
In response to questions from Saunders, Borchard said he owns a 40 acre farm that he
purchased in 1977: he built his home in 1980, and has 26 tillable acres with the remainder
In crop reserve.
Terry said the motivating factor for the subcommittee wes not the two governments not
getting along; they were attempting to find a more cohesive way to develop in the growth
areas around Iowa City, while still preserving the land and making the best use of It.
Saunders said historically Borchard's difference with the County Zoning Commission has been
that Borchard would like to see a great deal of finite information in the Comprehensive Plan;
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July 22, 1993
Page 9
he said that is what tha zoning ordinances are for and the reason for tha Zoning Commission
is to consider exceptions ,to those ordinances. He said while there are concerns about the
current system, there will never be such a rigid set of rules that no personal interpretation is
allowed. He noted many other couniies in the state have no zoning regulations; the
subcommittee has'triad to refine an existing document that both parties agree to follow and
has tried to come up with the best solutions to allow growth in the area. Borchard said since
1983, he has seen the policy go in one direction; without more specific language in the
agreement, he feels it will continue to drift in the same direction. Saunders said one position
of the Board of Supervisors Is that not everyone can afford to buy 40 acres and those persons
cannot be ignored. Scott noted the County would still have the ,final say on zoning decisions
and the City would still have the final say on platting decisions within the extraterritorial area;
that would not change with the proposed agreament.
Gibson said sevaral speakers have suggested the proposed agreement is an advocate of
development in the fringe area; he thinks that is an absolutely incorrect assumption. He said
he feels if each of the commissions were asked what their interest in the fringe area was, it
would be found that Iowa City would prefer no development in the fringe area so that it would
be unencumbered with scattered, low density development upon annexation and the County
would prefer not to have the City dictating how the County can control development in the
extraterritorial area. He said the subcommittee has tried to find a compromise agreement
between the two bOdies that will permit both the City and County to exist in that area and
to develop that area into the future; of necessity, any agreement is going to be a compromise
because it is a purely political process that will follow, what he feels, has been a rationale
planning process. He said the subcommittee has tried to find a compromise to control the
kind and extent of development in the two mile extraterritorial area.
Borchard said he does not Interpret the words 'permit residential development by favorably
considering', as stated In the proposed agreement for Fringe Area A, as neutral. He said the
original draft of the proposed agreement had one 42 word paragraph as a general policy
statement from Fringe Area A and' thanked the subcommittee for adding an additional
paragraph to increase the definition. Gibson said he does not interpret the word 'permit" as
an advocacy of development; it merely allows it. He said the proposed agreement is a
compromise between two bodies who have somewhat opposing interests in this area. He said
the County has an interest In devaloping Fringe Area A while the City does not; trade-offs
of interests or lack thereof were made but does not maan the City is advocating development
in this area.
Hora said he feels Terry and Saunders hava done a graat Job on tha subcol1)mittee and feels
the proposed agraement is a great improvament over the current agreement.
Connie Mutel. 2345 Suear Bottom Roed, said It is fascinating to her to consider creative and
proactive alternatives in development patterns in the County; especially in a city like Iowa
City, it Is fascinating to considar model planning and development schemes that differ from
the typical development pattarns currantly being used. Sha said she feels those typical
patterns have ruined two cities she lived in previously; both were also univerSity towns and
very attractive communities, but have lost many of their special fe'aturas.
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July 22, 1993
Page 10
Mutel urged the Commission to think in terms of long-term preservation of natural features
of the County over the next 100 years. She said the original inhabitants of the County were
eastern deciduous forests, prairies, and wetlands that have existed here for nearly 8,000
years. She said there are not very many of these left in the County and they are rare and
special both In terms of preserving the ecological integrity of the County and as part of the
, County's heritage. She said there is currently no legal mechanism to protect these areas
although the County has been developing a natural areas survey as a tool to potentially
implement preservation of such areas. Mutel noted an August 1992 memo from the County
Attorney. which callect for consideration of the preservation of environmentally sensitive and
natural areas in the zoning ordinances. She said these two items indicate that the County has
both a tool and the beginning of a desire to preserVe the few special areas she referred to,
especially in the fringe 'aree. She said in the long-run, and possibly even in the short-run, this
might preserve a considerable amount of financial resources for tha County and the City.
Mutel quoted from an article written by a Botany professor from Ames that discussed
complications that arose on tha sites of two separate qevelopment projects that had been
approvad by the City of Ames Planning Office, noting the time and cost to the City of Ames
to ensure protection of the natural areas. She said Iowa City could learn from the, Ames
incidents: this Is an ideal time to stipulate that natural areas will be identified and rated so that
landowners will know from the beginning that very special natural areas would be protected
by law. She said such a stipulation would be beneficial to the City and the County, as well
as to its residents.
Saunders said the County Zoning Commission is well aware of the environmental concerns
and is trying to address those concerns through the development of ordinances which carry
the impact of the law, rather than placing it in the Fringe Area Agreement.
Mutel encouraged the County to state support of those ordinances as strongly as possible
within the Fringe Araa Agreement and to proceed as rapidly as possible with development of
those ordinances. She said there are many persons in the County who have had experience
in these types of efforts and would be delighted to assist in forming a plan for identifying and
rating the nature I areas and devising mechanisms for ensuring that their integrity remains.
Linda Johnson-Lundouist. 2170 Prairie du Chien Road, said she is pleased with the wording
on the preservation of the natural areas In Johnson County because it is an important issue.
She is also pleased with the clustered subdivision requirements, which will allow presarvation
of natural areas.
In response to a question from Johnson-Lundquist regarding the proposal to increase the
minimum lot size in Fringe Area A to three acres, Dvorak said the three acre minimum resulted
from the Rapid Creek study and there are no problems with'the water quality In that area that
he Is aware of. He reiterated that any development would still be required to meet the
County's criteria on an individual basis. Dvorak said the three acre minimum is partially
political and partially as protection far the area.
Richard Rhodes II. 2014 Rochester Avenue, said he agreed with some of the previous
comments, especially regarding the vagueness of the proposed agreement. He said, with
respect to Fringe Area A, he sees nothing in the document or minutes about what the
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July 22, 1993
Page 11
planning bodies anticipate the ultimate population to be; he asked, iffully developed, what the
population would be and questioned the impact on the infrastructure in the northern part of
Iowa City.
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Rhodes noted Rapid Creek drains into the Iowa River above the Iowa City water plant; he
noted the increased density of settlement in the Rapid Creek area would result In Increased
drainage of septio systems, lawn chemicals, and increased runoff; he questioned how this
would effect the City's water quality.
Rhodes said he was pleased to see that the natural resources and environmentally sensitive
features are intended to be protected but said he agrees an inventory is needed to know what
is there that needs to be protected.
Rhodes said it is his understanding that the County considers land to be more suitabla for
development than agriculture if it is highly erodible; he noted some of the slopes in Fringe
Area A are very steep and not suitable for settlement because thay are highly erodible. ,
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Borchard noted, in the clustered development concept, ownership of the open space is
retained by the contractor. He said he would like to see codes or covenants developed to
transfer ownership of the open area to the homeowners as the area Is developed. Terry said
the open space would belong to the homeowner's association rather than the contractor; if
and when the araa is annexed, the homeowner's association would determine whather that
land would ba sold for future development.
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Scott asked the members of ~he two commissions for public comment prior to adjournment.
Terry reiterated the proposed agreement is not a finita document, adding the details will be
enforced through zoning ordinances. He also stressed the need for cooperation and
compromise in addressing both the City's and the County's futura growth patterns. He said
tha comments made by members of the public at the public hearing would be discussed by
the subcommittee at a meeting directly following the public hearing, adding public input is
very important.
Saunders stressed that all the meetings of the subcommittee and the commissions have been
open to the public and thera has been no attempt to exclude the public. He also noted that
the County is well aware of the concerns of the cities, as reflacted in the fact that one of the
members of the Johnson County Zoning Commission is a resident of Coralville and another
Is a resident of Iowa City. He said the proposal to downzone certain areas to prevant
uncontrolled growth is a very controversial issue; it will be a difficult job for the Johnson
County Zoning Commission to convince the Board of Supervisors that is a worthwhile goal.
He said the proposal represants rather sharp alternatives to what has been going on for the
past ten to fifteen years.
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July 22, 1993
Page 12
Hora said the subcommittae has worked vary hard and spent a great deal of time in meetings
to discuss all the issues involved. He asked if it is such an important issue to have public
input, why didn't more people attend tonight's public hearing, adding he feels the low
attendance indicates to him that the proposed agreement meets the concerns of most citizens.
Scott reitarated the spirit of cooperation between the two commissions and the staffs of both
the County and the City, as mentioned by Terry. He said the process was started over a year
ago in a joint letter to the Board of Supervisors and the City Council requesting the
appointment of a subcommittee to review the Fringe Area Agreement; there were a number
of reesons for the request, including the location of the City's new wastewater treatment
facility and .the pressures for growth in that particular area.
Scott said he shares Throgmorton's frustration with the lack of public participation; he would
prefer to see more persons involved on the front end of discussions such as these. He said
many times people assume governmental and advisory bodies do not like a large amount of
public input; he said he would challenge that particular premise. He said the public cannot
expect governmental agencies to protect their interests; it is up the public to involve
themselves and protect their interests. Scott said public bodies need to include public input
in their decision-making process and he feels the Iowa City Planning and Zoning Commission
has done a good job of incorporating public input into decisions. He said his sensitivity to
many of the issues raised at tonight's meeting have become more acute today than when he
joined the Commission twelve years ago. Scott urged the public to continue to participate in
the processes that effect their daily lives.
Scott presented a list of the upcoming meetings scheduled to discuss the proposed Fringe
Area Agreement: a Fringe Area Subcommittee meeting immediately following the close of the
public hearing to give staff direction on additional input or changes if they feel it is necessary;
the Iowa City Planning and Zoning Commission will set a public hearing for August 19 on a
Comprehensive Plan amendment to incorporate the amended Fringe Area Agreement at its
July 29th meeting; the Johnson County Zoning Commission, depending upon notification
requirements, will schedule a public hearing on either August 9 or at its September meeting.
Terry thanked the members of the two commissions, staff, the public officials who ettended
tonight's meeting, the cable TV people and the viewers, and most of all, the public who
attended and participated in the public hearing.
Saunders moved to adjourn at 9:11 p.m. Bovbjerg seconded. The motion carried
unanimously.
Minutes submitted by Nancy Schreiber.
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JOHNSON COUNTY AUDITOR TEL:319-356-6086
Jan 20,94 14:52 No.004 P.Ol
MINUTFS OF TIlE FORMAL MEETING OF 'l1IE JOHNSON COUNTY
BOARD OF SUPERVISORS:
JANUARY 11,1994
Subject to approval by the Board of SUpervlSOlll at a subsequent fonnal meeting.
Chairperson lacina called the Johnson County Board of SupervIsors to order at
7:00 p.m. as a Public Hearing on tbe Proposed Iowa CitY/Johnson County Frlnle
Area Agreement. Members present were Joseph Balkcom, Patricia Meade, Stephen
Lacina, Charles Duffy, and Belly Ockenfels.
Lacina said the purpose of the hearing was to receive publiC Input on the proposed
fringe area agreement. He introduced Iowa City Senior Planner Monica Moen and
Johnson County Assistant Zoning Administrator Rick Dvorak, who would be
presenting the proposed agreement. Lacina explained a fringe area agreement between
Iowa City and Johnson County is currentiy in place; The City and County Planning and
Zoning Commissions selected representatives to serve on a study committee to review
the agreemcnt and suggest modifications.
Moen explained state law gives any city that has adopted subdivision regulations the
opportunity to control development of land within two miles of Its corporate
boundarlesj a city does not have to automatically eJltend this jurisdiction two miles
outside of its corporate boundaries but the City of Iowa City has elected to do so.
Because Johnson County has zoning regUlations, the City of Iowa City does not have
the opportunity to deny or approve applications for rezoning within the two mile area:
however, the City has the opportunity, via slate law, to review and comment on any
proposal to rezone land within the two mUe eJltraterritorial (or fringe) area. The City
does have more authority by stale law when It comes to subdividing the land; once a
piece of property is zoned, the City of Iowa City gets the opportunIty to revIew and
musl approve any plat before the county has the opportunity to approve the plat.
Moen said the reason for a fringe area agreement is that stale law says that If a city
has subdIvision regulations, It can impose those same urban design standards on any
development within lis fringe area, In the absence of a fringe area ag~ment, the City
would have the right, by slate law, to Impose urban design standands on any
subdivision outside the corporate limits and wlthln the two mUe fringe area. She said
there is some advantage for the County and the City to cooperate in developing an
alternative to the imposition of the same types of development standards Imposed on
city development. In ]983, the City and the County developed the first fringe area
agreement; that polley is now II years old. The polley runs for 20 years until the year
2003 and it can be amended by mutua1 consent of both bodies; the fringe area
agreement has been amended three limes; mosl of those amendments have been relative
to development nonhwt or Iowa City on ehher side of Highway 1.
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JOHNSON COUNTY AUDITOR TEL:319-356-6086
Jan 20,94 14:53 No.004 P.02
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Formal Minutes, Subject 10 Approval: January 11, 1994/ page 2
Moen saId the City and County have experienced other difficulties In the
Interpretation of the fringe area agreement which prompted those bodies to take a mol'll
t:Omprehensive look at the agreemenlln general; sinee 1983, there WIIS a wmmitteo
made up of two members of the County Board of Supervisors and two members of the
Iowa City Council that were regarded as the Fringe Area Subcommittee. When it was
decided to take a more comprehensive look at the agreement, those bodies suggested
members of their respective Planning and Zoning Commissions meet to come up with
an alternative agreement. The representatives to this subcommitlee Included Bill Terry
and Bob Saunders from the Johnson County Zoning Commission and Tom Scolt and
Dick Gibson from the Iowa City Planning and Zoning Commission; this subcommittee
met regularly from November 1992 to August 1993 to devlse an agreement that they
felt represented the interests of both bodies and 81so recogn12:ed that certain
compromises needed to be made.
Dvorak saId he was charged with tile responsibility to look at three areas in
reference to the County's Comprehensive Plan. Dvorak explained when an individual
applies to the County to rezone land, regardless of the fringe area, the County uses the
com suitability mting (CSR), water table level, presence of hydric soils, flood plain
crilcrla, soil erodlbllily, and road suitablItty to evaluate the appUcatlon. He sald he
contacted the Soil Conservation Service and requested they create soli maps for a1l104
sections surrounding Iowa CitYi he displayed samples of the maps produced for one
section and explained the criteria mtings for CSR, hydrie soils, high water tables, and
flood plaln. Dvorak said the maps of lhe ]04 sections were then combined, using a
weighting system, to create a map displaying the development desirability of the fringe
area, based on,currenl county slandards.
Dvorak sald he also sought Input from County Engineer Doug Frederick regarding
the areas where he would prefer to see new development occur; Frederick
recommended promoting development on hard surfaced roads, relying on agn:cments
with developers to assume some cost for maintenance and upgrading existing county
roads, and imposing Impact fees or eslabllshlng special assessment districts. Dvorak
noted these recommendations would apply only to new developments.
Dvorak sald he also sought input from the Public Health Depart1llent: theIr
recommendations were to protect the public health by requiring developers to meet or
exceed minimum construction standards for water and wastewater systems In a1l
developments within the fringe area: Johnson County Board of Health's crilct1a for
evaluating water wells In proposed subdivisions In effect at the time the developer seeks
subdivision approval would be the guiding document in evaluating proposed water
systems. Dvorak said the Heallh Department would like all wells drilled to be
approved by the Heallh Department In an attempt not to Impact other wells In the same
area. The Board of Health would also like to require all new developments to become
part of the Johnson County Wastewater Management District and adhere to the CIty of
Iowa City'S Wastewater Treatment and Disposal System policy; develOpers with
subdivisions of more than 14 lots arc currently becoming membcni of the Onsite
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JOHNSON COUNTY AUDITOR TEL:319-356-6086
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Jan 20,94 14:53 No.004 P.03
Formal Mlnules, Subject to Approval: January II, 1994/ page 3
Wastewater Management District voluntarily.
Moen said Iowa City also determined where development had the polentialto occur
from the perspective of the City's ability to provide a gravity-flow sanitary sewer
service In the future; based on the lopography of the land outside of Iowa City, !he City
will likely grow in an easterly and sou!herly direction; the land to the north of the City
drains towards Iowa City but there Is a limit to the extent of the City'S sanitary sewer
system's ability to serve that area so a boundary has not been defined to the north.
Moen said the challenge to the subcommittee was to come up with a fringe area
agreement that would fairly represent the interests of both bodies without unduly
compromising each olher's interests. She reiterated there Is an advantage to having a
fringe area agreementln place since state laws gives the City the right \0 Impose full
urban development standards on any development within the fringe area, noUng
compromises were made by both parties in worklng towards an acceptable agreement.
Moen said the original fringe area agreement divIded the extraterritorial area Into
eight sectlonsj only wilhln areas 2 and 3, and to a limited exlent in 4, was residential
development encouragedj in the remainder of the fringe area, primarily agricultural
uses were preferred. She explained the proposed agreement combines the previous 8
sections inlo three sub-areas; A, B, and C; the sections were aggregated based on
slmUar characteristics of the land. She noted the Iowa City Planning and ZonIng
Commission and the Johnson County Zoning Commission held a joint public hearing
last summer to receive public Input on the proposed agreement: each body then
Independently gave unanimous endorsement \0 the polley.
Moen said Fringe Area A, north ofIowa City, is an area where the City did not
anUolpate additional residential development because of the limited ability \0 provide
sanitary sewer service; however, growth has occurred, predomlnanUy east of Highway
I, and Iowa City has felt some of the consequences of that development, such as
additional strains on the roadways leading Into the city. According \0 the County's
criteria, Fringe Area A has a high development potenUaI because of the characterisUcs
of the land; thls area does not have a high annexation potenUaI from the City's
perspective. Consequently, tho recommendation for Fringe Area A is to pennlt
residenUaI development by considering, on a case-by.case basis, proposals \0 J'C1Alne
land in thislll'e8 to RS.3 (one dwelling unit per three acres of lot area) provided 8lI new
subdivisions conform 10 the County's requirements for clustered developments;
maxlmum lot size would be one acre; and development must occur In a elustered
manner. She said the motive for these requirements Is that shOUld thIs III'e8 ever be
annexed Into Iowa City, the City would be eapturlng a type of development that Is
closer to the urban density of development within the corpomte limits; denser
development makes It more efficient for the Cily \0 provIde services.
Mocn,&ald Fringe Area B is highly annexable as far as the Clly is concerned: tho
City has the capability of providing sanitary sewer service to the portion within one
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Jan 20,94 14:53 No.004 P.04
Formal Minutes, Subject to Approval: January II, 1994/ page 4
mile to Ute casl and two miles to Ute south of the corporate limits in the short-range.
Much of the land within this area is currently zoned for resldentlal purposes wlt~ the
County, the City would discourage rural development because of the area's hlgh
annexation polentlaI. As a disincentive to rural'type development, the recommendation
for Fringe Area B is that any land within the CUy's growth area that is currently zoned
residential be downzoned 10 agriculturalj at such time as a person within this area
wishes to develop lhelr land, if they are adjacent to the corporalc llmlts, the City would
entertain an application to annex the land and 10 rezone It for resJdenlial purposes at
urban dtllslties. Beyond the City's growth area, asricullUraI uses are preferred In the
fringe area; accommodations have been made in the proposal for a limited amounl of
residential development but it requires that It be part of a farmstead that Is at least 40
acres In 111e.
Moen said In Fringe Area C, which wraps around the southerly and weslerl)'
portions of Iowa Cily, lhere Is a composite of different uses proposed. There are a few
small pockets of land capable of being served by the City's sanitary sewer servlcej
those areas are expected to develop acconlinll to their current zoning but at urban
development standai-ds. One exceptlon is the east and south quadrants of Ihe
HighwayllHighway 218 interchange, which Is expected to develoJl as
commercial/Industrial; since this area is Il1ce1y to be annexed, the City feels that
commerclsl and Industrial development within those quadrants should not OCCUr unllI
that land Is anne~ed into Iowa City. To discourage that kind of development; the
recommendation is to rezone to agricultural any undeveloped, non-commerclally zoned
land In this area. Mcen SlIid for land outside of the growlh area that Is expected to
develop, the recommendation is that it be developed according to the County's rural
design standards.
Moen noted the Clly has taken the authority to extend ils extralcrrilorial area two
miles oulslde the corporate limits; the City's current subdivision regulations provide for
automatic extensIon of the fringe area. As a concession within the Jlroposed fringe area
agreement, the proposal Is for the City to not aUlomallcally extend IIll two mile fringe
area with any annexation but instead lhe Clly would determine, on a case'by-case basis
In consultation wllh the Johnson County, whether or not the fringe area would be
extended; without that concession, aulomallc extension will continue to OCCur.
Moen said she feels ovcrall, the subcommittee has come up with a compromise that
protects lhe Interests of both jurlsdlctionsj In Fringe Area B, II may be difficult to
downzone the area but the City feels it is in the best Interest of the community for thaI
be done so that as the land within one mile to the east and two mUe to the south of the
corporate limits is annexed, it can develop according to urban development patterns.
She said the City Is willIng to look at a case-by-case basis at extension of their two mile
extraterritorial area as the City continues to grow and develop.
Lacina said the City and County do have some differences in opinion regarding
SOme of the Issues involved In the agreement; downzoning is a concern of tile Counly
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Jan 20.94 14:53 No.004 P.05
Formal Minutes, SlIbjccl to Approval: January II, 1994/ page 5
as far as their potential litigation risk from the concept of a taldng. The joint
commitlcc Is working on some compromises in these lIreaJ; the plan Is nol finalized and
the purpose of the public hearing Is 10 hear from the public.
John Oaks asked who would make the ult/mare decision on the proposal; Lacina
said a joInt public hearing with the Johnson County Board of Supervlsors and the Iowa
Clly Counellis scheduled for January 24, 1994. at 6:30 p.m. al the Iowa CIty Public
Libnuy and each body will vole on the proposed agreement after that public hearing.
Oab asked what will happen if the proposed 8jlreement Is not approved by both bodies:
Moen said the existing fringe llmI agreement wiU continue to be used.
laclna noted notification of the publie hearings was sent to alllndlvldua\s that may
be impacted by the agreement; he apologl7-ed for any duplicate cards that were sent but
said the County felt it was better to error on the side of dupllcation than to miss
someone.
Bill Smith said Moen had discussed the benefits of annexing into the City but the
City cannot take care of their own slreet.l or mow their own grass. ' He said he does nol
wanlto become part of the City and he defies the City to come onto his property. He
said he is definlle\y opposed to the proposed fringe area agreement
Ralph Sladek asked what bearing the alrport relocation situation would have on the
proposed downzoning to the east of the City. lacina said the County Is currently on
record as opposing the relocation of the alrport. Moen said the decision regarding
relocation of the alrport has not yet been made by the Iowa City Council; that Issue was
not given a 101 of considomtlon by the subcommittee. She sald there Is a land use
pattern that Is incorporated Into the proposed fringe area agreement that gives land use
allernatlvcs in Fringe Are.1 B: itllJuslrates, for purposes of di9C\lsslon, an airport to the
east of the City but that is not intended to suggest that a location for an a!Iport othor
than the present location Is being recommended.
Dvorak said the County Zoning Office received approximately 300 phone calIa
regarding the proposed fringe area agreement; most of the calls were concerning the
airport and Involuntary annexation. He stressed Involuntary annexaUon has never beeIl
an issue and was not discussed by the subcommittee; to the best of his knowledge, the
City of Iowa City has no plans of involuntarily annexing any land now or In the future.
Dvorak said the third topic of n majority of the phone calls the Zoning Office rece.ived
was the proposed wells north of Iowa City; this Issue was also not discussed by the
subcommittee,
Jean Fountain noted page three of the proposed fringe area agreement says that the
City will likely annex land within one mile of Iowa City to tho east and within two
miles of Iowa City to the south In the short-range; she lI3ked for a definition of Bhort-
range. Moen said the growth plan thaI she had illustrated Is a possible growth pattern
for the City for the noxt 20 years; she reiterated the City has no plans to Involuntarily
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JOHNSON COUNTY AUDITOR TEL:319-356-6086
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Jan 20,94 14:26 No.003 P.03
Formal Minutes, Subjccllo Approval: January I I, 1994/ page 6
annex land.
Fountain asked what City services would automatically be provided upon
annexation; Moon said the City wlll not annex land unless it Is capable of being served
by the City's sanilaIy sewer system and by the City's water supply system. She said
many other services, such as gaJbage pick-up, street services, and police and fire
protection, would also be provided. Fountain asked if the City currently offen thoSCl
services to all the land within Its boundaries; Moen replied those services lU'O perhaps
capable of being provided but there are certain lands wIthin Iowa City that do not have
sewer extended to them yet; once Ihose sewers are extended, those services will be
provided.
Bob Wolf said the fringe area agreement appe.m to be onl>-sided In his opinion; he:
asked what county residents will gain through the proposed agreement. Dvorak said in
the CUlTellt fringe area agreement, development east of Highway 1 In the proposed
Fringe Area A Is considered on a ease-by.case basis to demlne if il meets the
County's criteria and development has been a1lowedj west of Highway I, pursuant 10
the exlsUng agreement, development has nol been allowed 10 occur. To the west and
southwest of the colpOrale limits, the current agreement discourages development of
any kind. He said the proposed agreement would give the County a little more latitude
for development in those areasj a big concession by the City is the non.automaUc
extension of the two mile fringe area upon annexaUon. Lacina said the current
agreement can result in requiring extremely expensive Ulban slandards in rural
subdivision that are unlikely to ever be annexed by the City; one goal of the proposed
agreement Is 10 mlnlllllr.e the City's reach.
Dave Owen asked the total number of aercs in the proposed Fringe Aru Aj
Assislant Planner John Shaw replied there are approxlma1cly 5,000 to 6,000 acres.
Owen said It appear 10 him under the proposed agreement, all county development Is
being pushed 10 the northi he said he shares the road concerns mentioned by Moen.
There are basically only two arteries Inlo Iowa City from this area; if fully developed,
approximately 16,000 cars wllI be added to those roads. He said If development Is
going to be pushed to the north, he would like to know what provisions the County has
. planned 10 upgrade the existing arteries and provide more arteries.
Meade said thc Code of Iowa makes it very clear that It is the rcsponslbIllty of the
Board of Supervisors to provide the services necessary to serve the people In Ihe
County, Including road /lervice; if the Board allows development In Ihls area, they will
provide the necessary services. She said she views this as progress and economlo
development and she docs not,see the roads as a problem In getUng Involved In the
development program. Owen said, as a taxpaycr he begged to differ because he would
be paying the bill for the roads. Lacina said whencver thero is growth, It creates
addiUonal pressure on /lervlccs: additional development would require road
Improvements oventually. '
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JOHNSON COUNTY AUDITOR TEL:319-356-6086
Jan 20,94 14:26 No.003 P.04
I.c.~~
FllrmaI Minules, Subjeclto Approval: January 11, J994/ page 7
Dvomk said the agreement Is not proposing a blanket rezoninll of the entire Fringe
Area Ai any development application would still be required to meet the County's
requlremcnts and go through the normal approval process. Duffy noted the soli type of
particular land has a lot to do with any decision to approve a ~evelopment application.
Owen noted the proposed policy for Fringe Area A is to 'Pennit rcsldcntial
dcvelopment by favorably considering, on a case-by-case basis, proposals to rcr.one
land In this area... '; he asked If there was any significance to the word 'favorably'.
Dvomk said Owen was not reading from the mosl recent version of the proposed
agreement; that word was removed from the proposed agreement following a request to
do so by Owen at the July 22, 1993 joint public hearing with the Iowa City Planning
and Zoning Commission and the Johnson County Zoning Commission. Lacina noted
copIes of the proposed agreement are available but, because of the property laX freeze,
budget constraints require the County to charge for copies of the agreement.
LaRCIIlI Dvorsky asked how extension of the extraterritorial area would affect
people In agricultural and if new restrictions would apply. Lacina said both the Code
olIOW/l and the Johnson County ZOning Ordinances have 'right. to farm' sections; any
agricultural uses would be grandfathcred fn and not affected by the extension of the
fringe area. He said such uses cannot be protected from nuiBance suits but there is also
a provision within the Code of Iowa to reclaim damages against a penon for a nuisance
suit. He said it is also possible to create an agricultUral district to achieve additional
protecllon from nuisance suits.
Dvorsky asked If the agreement specifically included protection for current
agricultural practices In this areai Moen said there are currently farming operations
within the existing corporate limits that are not threatened by the Immediacy of
residential development and she said she does not see that changing. She said no
specific provisions are included in the proposed agreement to protect those rights.
Lacina asked Assistant County Atlarney Ann Lahey If she envisions any legal problems
with building Ihat protcctlon into the agreement. Lahey said there are state laws to
protect agricultural practices, but she believes Dvorsky Is referring to practical
concerns on how development may Impact agrlcullural practices.
Steve Carson asked the minimum number of acres required to form an agricultuml
district; Lacina said It originally required SOO acres but the proVisions are such that If
the Board of Supervisors is petllloned to establish a district, the Board Is empowered to
allow districts of smaller than 500 acres. Dvorak noted the land must all be
conllguous. He noted there some downsides to joIning an agricultural district as well;
for example, additional homes cannot be built on the land and the land cannot be sold
for 6 years. He recommended anyone Interested in learning more about agricultural
districts should COntact Dale Shires at the Agricultural BKtenslon Service.
Brian O'Hara said the Cily Is clnimlng that gravity-flow sewer systems are
preferred yet Is allowing a sewer lift pump at Windsor Ridge Subdivision; he asked
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JOHNSON COUNTY AUDITOR TEL:319-3S6-6086
Jan 20,94 14:26 No.003 P.OS
lX;~
110lma1 Minutes, Subject to Apllloval: January II, 1994 f page 8
why the City Is not using the same criteria for Wlnd50r Ridge as is proposed In the
agreement. He also asked why a smaIl pocket of County land exists within the recently
annexed Windsor Ridge area. Moen said there is a strip of land that COMects that Island
of County property to a County road so it thooretlcally not considered an Island; the
land will only be anncxed inlo the City at the properly owner's request.
Moen acknowledged the southerly portion of the Wlnd50r Ridge development does
have a lift station that Is pumping the sewage to a northerly linej it is a temporary
measure until such time as the Snyder Creek Interteptor Sewer Is construclcd and
oonnooted to the City'S newer wastewater treatment plant. In an effort to serve that
particular development, the developer, at his expense, has put In a lift station to aocess
a sewer line 10 the north. O'Hara asked if the City owns an easement across the
ground to Snyder Creekj Moen said the City has yet acquired any easemenl5 for that
pUlJlOsc but in the long-range, the southern portion of Windsor RIdge will be sewercd
by means of gravity.now through the Snyder Creek area.
O'Hara said the current random pattern of annexation on the east side of the City
will be confusing fOI emergency services; he said he also does not understand why, If
the City wants such tight20nlng restrictions, the City Is setting the example of allowing
looser restrictions for one of Iowa City's largest developments at the present time.
Moen said she does not see how this particular development runs contrary to the CIty's
policy. It is in an mea that in the long.range is capable of being served by the City's
sanitary sewer system but it would have been prohibitive for the City to construct that
sewer line 10 serve this 24().acre development; as a temporary measure, a sewer 15
being constructed in the northerly portion and the southerly portion Is being pumped
irilo that northerly sewer. She reiterated this is a temporary measure and not
inconsistent with whatlhe City envisions for the area as a whole.
Lacina illustrated on a map the Windsor Ridge and Snyder Creek areas; he asked
Moon If a Ilmetable for the construction of the Snyder Creek Interceptor has been
decided. Moen said the City Council's Capitol Improvements Plan projects City costs
for the next 7 yearsj this projeet is not currently included In that plan. Lacina said as
the City cxpands, they fall under certain criteria, such as requirements 10 accommodate
the disabled and the need for easements {or sewer lines and underground utilities, that
do not affect the County; as property Is annexed, it would be much easl~ for tho City
if those provisions wefC already In place rather than having 10 retrofit already
developed areas.
O'Hara asked for a brief summary of the advantages and disadvantages of the
proposed downzoning from a property owner's perspective. Lacina said he personally
views downzoning as a taking of the value of the potential of the property; he feels the
county would be opening itself up to lawsulls to mllke up the difference In the value of
tho land. He said he has inquired as to whether the City would be willing 10 Incur all
legal expenses and potential claims against tho County, adding that may not be needed
if the City and County can come to a compromise.
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JOHNSON COUNTY AUDITOR TEL:319-356-6086
Jan 20,94 14:26 No.003 P.06
Formal Minules, Subjecllo Approval: January] ], 1994/ pago 9
Moen said the City holds a different opinIon with respect to downzonln8 within the
COrpolllto limits. The City believes there are no vested rights with TAming: a particular
zoning classification does nol guamntee that zoning class1flcation will remain on that
land for pc:tpetulty. The City feels a laking only occurs If'land is striped of all
development potential for use. lacina said, In the County's view, the wnlng gives the
classlficallon or appropriate use for the property and the platting Is what actually lays
out how the land will be used. In response to a que.stion from lacina, Lahey said she
was not awane of any Involuntary downzonings within the County in the past IS to 20
years.
Bolkcom asked for examples of the effects of downzonin8 for a person Intending to
continue agricultural uses on their land as opposed to someone who may be considering
developing their land. Moen said the zoning designation determines how land can be
used; if land is zoned for residential purposes, It gives the owner the authority to use
that land according to the rules and regulations set out In that residential wne: If the
land Is zoned for agricultural purposes, the only residential use that would be pennitted
would that associated with a farmatead.
John Oaks said the City seems to be contradictory on one point; In the introduction,
they appear to be against agricultural land being developed but In this case they are
planning to take residential land away from people through down7.0nlng and then
rezone it to residential. Moen said that depends on the area belng discussed; different
policies ore being proposed for the three fringe areas. The City feelsfn Pringe Area D,
which has the greatest annexation potential from the City's perspective, It would be In
the Cily's interest for the land wned residential ((> be down7.0ned to agricultural until
such time as that land is annexed into Iowa City. In Fringe Area A, by contrast, from
the City's perspcttive residential development would not be encouraged; the fringe area
agreement takes a different perspective because it represents a great deal of discussion
and compromise on the part of the subcommittee and both Planning and Zoning
Commissions.
Dvomk asked If the City would have looked at Ole Windsor RIdge application any
differently if the land had been zoned agrlcuttullll rather than resIdential In the county,
Moen said the application was 0 dualappJlcatlon for annexation and development. The
current fringe area agreement for thai area specifies that land within one mile of 10wlI
City should develop according to City design sUUldardsj the City has had difficulty In
the past on getting those klnds of standards on County subdivisions, Moen said the
application came In several yea~ ago os a county subdivision and due to Its annexation
potential, the City was requiring that the full complement of Cily dC.lIgn standards be
met in thai developmentj the developer decided that It was not cost effective to do so
booause the denslly of development is so much lC.1s In the County so they chose to
annex into Iowa City so that It would cost effClCtlve 10 moot urban design standards
because of the higher densltie., allowed.
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Jan 20,94 14:26 No.003 P.O?
I~~....
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I'ormal Minules, Subject to Approval: January II, 1994/ page 10
In response to a question from Bob Hogg, Moen said Iowa City has no jurlsdlction
outside of the City's fringe area.
Wayne Tegler said he had no lnlerestln beIng annexed Into Iowa City; he lived in
the City {or 30 years and moved out beciusc h~ no longer wIshed to be part oC the
City. He said he would love 10 see Iowa City slay the same size or smallerj he has no
desire to see it grow. He has watched it grow and has seen n01hlng but problems
develop. Tcgler said the residents In this area seem to be in a very vulnerable posltlon
to both the City and the County and have absolutely no say in the annexation decision.
He said the only possible City seJVlce that he would like to have would be fire
protection; wIth all the disadvantages that would be gained by being annexed into the
City, the least that could be provided would be fire protection. Lacina said the County
does have a mutual aid agreement that allows Iowa City to provide additional
equipment to a fire call throughoutlhe County. Tegler said he wished insurance
companies were aware of that fact because the rales for rural residents arc much hIgher
because they do not have city fire protection.
Sheila Hogan said she was concerned about the water situation: she found that the
County did not protect the current wells In the area when new development occurred
north ofl.SO and east of Highway 1. The fanner across the road lost their well and
there was no asslstance from the County whatsoever. She said new developments
should not affect the sUIroundlng residents. Lacina said there is a section in the Qx/e
of Iowa that if It can be proved that there is a taking of the water, damages can be
recovered but it is difficult to prove.
Dvorak said currently any developments over IS lots arc required to have a
DepaT!ment of Natural Resource's permit for conslructlon and monitoring of the
systemj for development between 4 and 14 lots, the proposed fringe area agreementls
going to require thai a geological study be done of the area and a well forecast be done
by the consultant's engineer and submitted to the Health Department. Currently the
Health Department has asked for these measures voluntarily; If the agreement Is
adopted, it w11l be required by the Health Department for every application for a
subdivision.
Maynard Hebl said he was confused about the provisions regarding non.automaUc
extension of the fringe area as proposed In the agreementj Moen explained slate law
sets out the paramelcrs that allow a City, If It chooses to do so, to automatically exlend
Its fringe III'lIlItwo miles. She said the Iowa City has chosen to take advanlage of that
provision; tho proposed frInge area agreement proposes that automatic extension be
rescinded and that extension be considered on a casc.by-case basis in consultation wIth
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LIIclna said if this agreement Is signed by the City and County, both govemmenlal
bodies must ngree before the fringe area can be exlcndedj Moen said the City would
have to amend their current subdivision regulations to Indicate that, on a casc-by-casc
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JOHNSON COUNTY AUDITOR TEL:319-356-6086
Jan 20,94 14:29 No.003 P.08
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Formal Minutcs, Subject to Approval: lanulll}' 11, 1994' page II
basis in consultation with Johnson County, the City would decide with an annwtlon
whether or not the fringe area should be extended. She said If the provision for
automatic extension Is rescinded, the fringe area would only be extended if the two
bodies agreed to do so. Lacina asked if one body could not decide by Itself to
automatically extend the fringe areaj Moen said the policy ili not that specillc bul BlIYS
that on a case-by case b~s, extension of thCl authority is to be reviewed in consultation
with lohnson County. In response 10 a question from lacina, Moen said, under the
existing law the two mUe fringe area is automatically extended upon annexation by the
City; under the proposed agreement, extension would be decided on a caS&-by-<:ase
basis.
George Swisher said he has heard an Interesting discussion of what the City and
County will do together but he is curious about what the County Is willing to do to put
It's own house in order. He noted many roads in the County do not meet standards and
many sewer syslems don not workj he said it appears the County is only trying to
appease Iowa City and asked when the County is going to start movIng forward.
Laclna said as the County becomes aware of individual septic systems that are not in
compliance, they are corrected; he said he is not aware of any roads that are not in
compliance with current standards.
Swisher asked why the standard within the fringe area is set so much higher than
what the County is willing to require in rural areas. Meade said normal procedure in a
public hearing is for the Board to listen to the comments of the public. Lacina noted
there are m~or differences in the County versus the City for things such ,as ADA
requirements. He said he has not made up his mind on the proposed fringe area
agreement but has major concerns about it; he is seeking input from tllO pubUo as to
what needs to be addressed to work towards a win-win situation for the County and the
City.
Chuck Mullen identified himself as an attorney In the land use area and said he had
spent considerable time reViewing the proposed agreement. He said most agreements
have consideration running both ways, or "quid pro quo"; he sees a Jot of thIngs the
County Is going to do In the agreement but did not find any consideration by the City,
other than to exert their jurisdlcUon where they choose to. He said the proposed
agreement does not require bolh bodics to agree to any extension of the fringe area; it
says the City will talk 10 the County about It and then make up their own mind as to
whether to extend the fringe area. Lacina IlBIred Moen if that was correct; Moen
replied the polley indicates that the dcclslon as to whether to extend the fringe area
rcsls solely with the City. Lacina said his previous comments had been basely on
oplnionsrecelvcd from the Cour.ty Attorney's Office indicating that the 28B agreement
was a binding contractj this Is a very Impol1ant disagreement in the interpretation of
that provision and drastically changes his perception.
Moen noted Iowa City has made several concessions In the proposed fringe area
agreement, maInly with respect to Fringe Area A. A limited amount of mldentlaI
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JOHNSON COUNTY AUDITOR TEL:319-356-6086
Jan 20,94 14:30 No.003 P.09
Formal Minutes, Subject (0 AIlproval: January 11, 19941 page 12
development is currently allowed easl of Highway Ii under the Proposal for Fringe
Area A, on a ease.by-case basis residenllaI development will be con~ldercd on either
side of Highway 1. Based on lite discussions willt lite subcommlllee and the two
Planning and Zoning Commissions, they can attest that this is quite a concession from
Iowa City's )lCnpectlve. She said another concession by lite City Is with regards to the
subdivision of land Ou13ide of the City's growth areaj cllITeIItly in areas whcle
agricultural use is plefermd, the City has llIIcen a fairly hard llne on what that meant.
The Proposed agreement includes provisions for consideration, on a case-by-case basis
if County zonIng standards are met, of allowing one additiOnal residence beyond the
two already allowed on farmsleads of more than 40 acres, Moen said she does not feel
the document la one-sidedj there have been concessions made by bolh the City and the
County and she believes both jurisdictions feel the agreement !llpfCSenl& a compromise
that does not unduly restrict or hinder either side.
Lacina said Mullen's commenls hlghligbfrd a very Important point; there may be
ml$perceptions as the process proceedSi the public should point out any potenlial
problems that they see.
Mullen said, in response to Moen's statement that the Proposed agreement
represents concessions made by both the City and the County, it all depends on a
person's starting perspective. The County currently has the jurisdiction to rezone land
within the fringe lI1'eai in the Proposed agreement, they are agreeing to dOWllZOne
certain areas which does not seem like much of a concession on the part of the City
since they have no right via stale law to'currently ImpaCI7.0ning. He asked what the
County is gelling in return for giving up theJr zoning right; is the County gelling thll
right of prior approval for the airport relocalion or placement of sewer plants or
landfills within the County. He said the Supervisors need to ask themselves what the
County i~ galnlng In dealing away the peoples' rights to the City"
Moen cautioned people from looldng at each of the three PI'OJlOsed fringe areas in
isolationj the enUre II1'ea must be looked at as a whole because there Is give and fake
between the three areasi for example, for tighter development controls to the south and
southeast of Iowa City, the City is giving broader development authority to the Counly
in tbe area north of the City.
Dave Owen said he owns I,and In fringe area n and he sees nothing that be is
gaining from the Proposed fringe area agreement, other than his property win be worth
Jess as a result of the Proposed downzoning.
Meade said a per~on may o~n a farm thai Is not very producllve and it may need to
be developed eventually in order to make a JIving; In down7.0ning the property, the
owner would Jose the right to develop the land. She said is very much opposed to that
portion of the agreement and wlllllght against It all the way because she feels ills
unfair in that it changes the rules In the mIddle of the stream. Sbe said In some cases It
is laldng dollars away from Individuals and she does not fL'cl that Is right.
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JOHNSON COUNTY AUDITOR TEL:319-356-6086
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Jan 20,94 14:30 No.003 P.10
Formal Minutes, Subject to ^Ilproval: January II, 1994/ page 13
Lacina said during the crisis of the 1980's, ICIlders extended credit based on !he
value of property; residential zoning on the property gave it greater value. He
reiterated his concern that the County would be liable for damages for land that is
downzon~; Meade agreed, nodng higher taxes are paid for land zoned rcsldenUal.
Owen said he purchased his land after it was zoned residential and he paid more for
the land because of lis zoningj'he has no intention of developing the JaiJd but feels he is
gaining nothing from the proposed fringe area agreement other than II sewer plpe
running across hls land.
Moen noted the current fringe area agreement Slatea that all development within one
mile east of Iowa City is obliged to develop aming to the City urban design
standards; one must kel!Jlthe tenos of the eXisting agreement and the difficulty the City
has had in enforcing compliance with those standards in mind and compare those
against what is being proposed to detenoine what is reasonable growth and
development for both the City and the County.
Randy Neichter said the purpose of zoning is to create the highest and best use of
property: downzonlng in fringe area B wlll create a large number of grandfathered uses
or spot-zone uses. It appears the City will later rezone that land as it Is annexed intO
the City and go back to the higher use. He asked why change the zoning; it appears
the proposed downzoning Is simply II form of control for the City and is contrary to
planning and zoning princIples: ihe intent should be straightforward.
Nelchter said it appears that the City has thc choice of requiring either City rural
design standards or City urban design standards; there Is no indication as to how that is
decided and he can see the potendal for a lot of unfairness as development takes place.
Moen said if the four criteria prevIously outlined by Dvorak are considered In
detcnnlning the suitability of land for development, land cast of Iowa City is nol most
suitable for residential developmCllt according to the criteria used by the Countyi
therefore, the land Is currently %Cned contrary to the slandnrds that the County would
impose now and the highest and best use argument Is diminished by that fact. She saId
discretion in imposing either urban Or rural design standards does not existi the pollcy
very clearly states the conditions under which elther one would apply. Lacina noted
the Jurisdictional change docs nol affcct the soli types or other criteria but with that
jUrisdiction change, the land is suddenly prime residential land as opposed to
agricultural land.
Nelchter said Moen threw back to him the County's recommendations but pointed
out this Is the area that will be easiest for the City to develop: he said Moen said
nothing to change his opinion. He said the City has done nothing althis point 10 offsel
the fact they are completely ignoring the County's recommendations for land use east
of Iowa City; he asked what the City Is going to give for completely going anay with
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JOHNSON COUNTY AUDITOR TEL:319-356-6086
Jan 20,94 14:31 No.003 P.ll
POfmal Minutes, Subject to Approval: January II, 1994/ page 14
the County's recommendations. Moen replied the City would give nolhlng until that
land is annexed into Iowa CitYi once annexed, the benefils would inelude the servlces
that Iowa City can cxtend to the property owners; one of the opportunities as a
consequence of being annexed lI1Id being on City services, is the potential for
developIng that land more intensely than would be possible in the County.
Neichler said the cost of developing a high-density subdivision is extremely high
and can only be afforded by developers: the control of the down7.Ol1ing will prevent any
lower grade development In that area specifically fOf the pwpose that the City wlll not
have to furthcr deal with it when that land is eVClltually annexed. He asked how the
grandfather uses or spot zone uses would be hlUldled by the City upon annexalIon.
Moen replied most of the land within one mile east of the City Is ~y %Oned for
residential purposes; under the eltistlng fringe area agreement, that land Is to develop
according to City urban design standards but Is riot allowed the higher density of
devclopment so the cost will be much grealer than if the land were annexed and
allowed to develop at a greater density. In response to a question from Lacina, Moen
said the portion of Windsor Ridge that has boon platted has 8 development density of
approximately three dwelling units per acte, adding the zoning designation allows up to
five units per acre.
DerIck Maurer said with respec! to the downwnlng, It appem to him that it Is an
expression of a big lack of confidence in the Counly which for 2S years has allowed
shoddy wells and substandard septic systems to be developed north of town and to leak
into the river that the Iowa City residents drink from. He said he would like to see the
standards of clustered housing, urban dcnsity standard roads, and Improved wells and
septlo systems applied to all the fringe areas: continued growth should be controlled In
such a way as to allow for the Infrastructure 10 caleh up with growth. He said the
County Is currently overburdening the roads and City servlce.lj he asked what the
County is going to givc.
Steve Carson said Maurer has obviously never put in a septic system out In the
county; he nearly had to sign away his first bom to gel everything right. He said he
thinks the County Is doing an excellent job of governing and he realizes a great deal of
red tape Is needed to administer the well and septic system requirements.
Duffy noted there are currently 3,475 acres of farmland wIthin the corporate IlmilS
of Iowa City plus about 900 more proposed for annexation In the near future, Including
Windsor Ridge; he said there Is slllJ a great deal of land within the City to development
so he doubts the City wllJ be interested In annexing tho land to the east of Iowa City in
the near future. He reiterated the purpose of the hearing is for the Supervisors to Ilsten
to public input on the proposed agreement.
Cheryl Harms said she was representing the estale'of Raymond Rarey and said she
cannot imagine any benefits of losing the commercial zoning currently on that land.
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JOHNSON COUNTY AUDITOR TEL:319-356-6086
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Jan 20,94 14:32 No.003 P.12
Porma! Minutes, Subjccllo Approval: January 11, 1994 J page U
loe Sladck asked what the land currently zoned commen:/al would be rezoned 10;
Dvorak said the agreement is nol recommending downzonlng on any exlstlng
commerclally zoned properly. 'Sladek asked what property oWncrs would gain by
downzonlng from residenUal to agricultural; Bolkcom 8Bked what a person would gain
or losc by the proposed downzonlng Jf they do not plan Co develop lIle land.
Dvorak said he personally feels downzonlng would nOI have a great deal of Impact
on those parcels that are adjoining Iowa City becausc, ICgardless of the current zoning
designallon, he believes the City would enlertaln applications for annexation and higher
density zoning, If requested. He said he believes the County could allow at least two
lots per acre under theJr Current standards, whlch Is IClatlve1y c10sc 10 what the City Is
conslderlng for land south of the corporate limits; Current County ICgulatlons allow one
lot per 20,000 square feet if the applicant is willing 10 install a quasi-publio waitt
system and sewer system. He said the downzonlng issuc is a point of negotiation and
there are othcr options to conslder, such as a zoning designation that allows resldcntial
developmcnt but at higher densities. '
lacina said If there was no difference In agricultural and residential zoning, It
would be quite easy to go back and forth between the two but It Is not. Oclcenfels
noted property owners wanlfng to be rezoned 10 resldenllal aller the downzonlng WOuld
experience considerable cost for the application process.
Dan Yeager said it seems a little Inconsistent thaI the County Is making an
agreement that by the Code of loll'll already stales Utat the City has rights 10 the two
miles and be is surprised the allomeys have not addressed that Issue more; he
questioned whether it Is constitullonal to go against the Code of loll'll.
Yeager said he bas been caught In the same situation as has previously been
described; he wanted to add SOme acreage 10 his farmstead and because he Is within the
fringe area, he was required to subdivide which was ~tenslve and expensive.
Bob Wolf said if the County gives away the zoning of the land easl of town, they
are removing those owners right to be creative; with the current condition of thc
economy, residential zoning allows for more options for land use If needed.
LaRene Dvorsky said she would prefer to come before the Board of Supervisors,
who she has helped to eJect, to help make a decision on what she ~ts 10 do with her
land as opposed to someone she has not elected.
Johnson County Zoning Commission member Bill Terry said, as a representative of
the Fringe Area subcommittee, he was tinkled pink by the turnout and Input atlhc
public hearing and encouraged those present to also attend the 1anuary 24 Joint public
hearing.
Tom Dvorsky said downzonlng wllJ affect financing of the land in queslion. Meade
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JOHNSON COUNTY AUDITOR TEL:319-356-6086
Jan 20,94 14:33 No.003 P.13
J10rmal Minutes, Subject to Approval: January 11, 1994/ page 16
agreed. Neichter said once the residential zoning dll.llgnation has been given up, It will
be difflculI, if not impossible, to get It back.
In response to a question regarding the County Attorney's oplnlon on the proposed
Fringe Area Agreement, Lahey said the courts have gone both ways on the isaue of
dOWll1.Oning and she would recommend that the County sleer clear of any dOWlllOlllng
because she believes it will have the potential for a great deal of litigation. In response
to another question, Lahey said downzonlng in Itself can be constitutional by
agreement.
Lacina nOled a lelter to the Board of SupervIsors from C. Rhoads expressing her
views on the proposed Fringe ~rea Agreement. He said the County and City would
continue to work towards an acceptable agreement.
Adjourned at 9: 12 p.m.
Stephen Lacina, Chair, Board of Supervisors
AllesI; Tom Slocketl, Auditor
By:
On the _ day of , 1994
By Nancy Schreiber, Deputy Auditor
These minutes were sent on January 18 for pUblication and on lan\llllY 20, 1994 for
approval.
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