Presentation and discussion on the proposed Maquoketa River Watershed Management Authority.

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1 James Houser District 1 Stacey Walker District 2 Ben Rogers District 3 Brent Oleson District 4 John Harris District 5 MEETING AGENDA MONDAY, DECEMBER 5, :00 A.M. INFORMAL BOARD ROOM JEAN OLEY PUBLIC SERVICE CENTER 935 SECOND STREET SW, CEDAR RAPIDS, IOWA 935 Second Street Southwest Cedar Rapids, Iowa CALL TO ORDER PUBLIC COMMENT: 5 Minute Limit Per Speaker This comment period is for the public to address topics on today s agenda. MOTION TO APPROVE MINUTES Presentation and discussion on the proposed Maquoketa River Watershed Management Authority. Public hearing and first consideration for rezoning case JR , request to rezone property located at 2588 Windy Hill Circle SW NW from REC CNR (Recreational Critical Natural Resources) district to CNR (Critical Natural Resources) district, approximately 2.8 acres, Donald & Christine Mesch, property owners, Linn County Planning & Development as applicant. Presentation from OPN Architects on the status of the Veteran Affairs Space Needs Assessment project and discuss and decide on guidelines to proceed with the next phase of the project Presentation from OPN Architects on the status of the Linn County Public Health and Child and Youth Services Building project and discuss and decide on guidelines to proceed with the next phase of the project Discuss the procurement of professional services to assist Linn County with identifying and/or designing flood protection/mitigation measures for the Sheriff s Office, Courthouse and Correctional Center. Discuss professional services contract for design for 2016 flood repairs to the Sheriff s Office. PUBLIC COMMENT: 5 Minute Limit Per Speaker This is an opportunity for the public to address the Board on any subject pertaining to Board business. MOTION TO APPROVE PAYROLL AUTHORIZATIONS Motion to approve Employment Change Roster (Payroll Authorizations). MOTION TO APPROVE CLAIMS CORRESPONDENCE LEGISLATIVE UPDATE APPOINTMENTS CLOSED SESSION The Board will enter into Closed Session to discuss contract negotiations pursuant to Chapter 20, Code of Iowa, and to discuss the purchase of real estate pursuant to Iowa Code Section (j).

2 1:30 P.M. 3 rd FLOOR CONFERENCE ROOM Review of Fiscal Year 2018 budget for Purchasing. Other budget discussions if necessary. ADJOURNMENT For questions about meeting accessibility or to request accommodations to attend or to participate in a meeting due to a disability, please contact the Board of Supervisors office at or at bd_supervisors@linncounty.org.

3 CASE # JR EECUTIVE SUMMARY REZONING STAFF CONTACT: STEPHANIE LIENTZ OWNER/APPLICANT INFORMATION OWNER/APPLICANT: Donald & Christine Mesch Linn County Planning & Development MAILING ADDRESS: PROPERTY ADDRESS: 2588 Windy Hill Cir Central City, IA Windy Hill Cir nd St SW Cedar Rapids, IA REQUEST The applicant is proposing to rezone the 2.8 acre subject property from the REC-CNR (Recreation-Critical Natural Resources) overlay district to the CNR (Critical Natural Resources) zoning district. The property is located within the CNRA (Critical Natural Resource Area) on the Rural Land Use Map. The REC (Recreation) designation is used for seasonal cabin and recreation areas. This rezoning was initiated by Linn County Planning & Development staff when it was determined that a single-family dwelling is present on the subject property, which is lived in year-round. The subject property is considered to be a legal lot of record, and contains only 1 single-family dwelling. OUTSTANDING ISSUES AND STANDARDS FOR APPROVAL This proposal meets the standards for approval per Article 4, Section 4 and Article 4, Section 6 of the Linn County Unified Development Code (UDC). The parcel meets the Minimum Levels of Service (MLS) requirements in Appendix A of the UDC. A Land Evaluation and Site Assessment (LESA) analysis is not required per Article 4, Section 6, subsection 1(d) of the UDC, as the proposed rezoning is to a zoning district of equal intensity STAFF RECOMMENDATION Staff recommends approval subject to the conditions of the staff report.

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9 CASE # JR EECUTIVE SUMMARY REZONING STAFF CONTACT: STEPHANIE LIENTZ OWNER/APPLICANT INFORMATION OWNER/APPLICANT: Donald & Christine Mesch Linn County Planning & Development MAILING ADDRESS: PROPERTY ADDRESS: 2588 Windy Hill Cir Central City, IA Windy Hill Cir nd St SW Cedar Rapids, IA REQUEST The applicant is proposing to rezone the 2.8 acre subject property from the REC-CNR (Recreation-Critical Natural Resources) overlay district to the CNR (Critical Natural Resources) zoning district. The property is located within the CNRA (Critical Natural Resource Area) on the Rural Land Use Map. The REC (Recreation) designation is used for seasonal cabin and recreation areas. The current rezoning proposal was initiated by Linn County Planning & Development staff when it was determined that a single-family dwelling is present on the subject property, which is lived in year-round; therefore, it was determined the cabin area designation is inappropriate. The subject property is considered to be a legal lot of record, and contains only 1 single-family dwelling. OUTSTANDING ISSUES AND STANDARDS FOR APPROVAL This proposal meets the standards for approval per Article 4, Section 4 and Article 4, Section 6 of the Linn County Unified Development Code (UDC). A Land Evaluation and Site Assessment (LESA) analysis is not required per Article 4, Section 6, subsection 1(d) of the UDC, as the proposed rezoning is to a zoning district of equal intensity. STAFF RECOMMENDATION Staff recommends approval subject to the conditions of the staff report.

10 Planning & Development Linn County, Iowa phone fax Jean Oxley Public Service Center 935 Second Street Southwest Cedar Rapids, Iowa PZC Approval 11/21/16 STAFF REPORT REZONING JR Planning and Zoning Commission Meeting: NOVEMBER 21, 2016 Board of Supervisors First Consideration: DECEMBER 5, 2016 PROPERTY INFORMATION: 2588 Windy Hill Cir MAP DESIGNATION: CNRA (Critical Natural Resource Area) CURRENT ZONING: REC-CNR (Recreation-Critical Natural Resources) PROPOSED ZONING: CNR (Critical Natural Resources) SURROUNDING LAND USES AND ZONING North Residential, timber, 11 seasonal cabins; REC-CNR South Agricultural; REC-CNR East Residential, timber, 15 seasonal cabins; REC-CNR West Residential, 4 singlefamily dwellings; AG PLAT SIZE: 2.80 acres FORMAL PRE-APPLICATION MEETING: The applicant / surveyor met with staff on October 4, MLS AND LESA REQUIREMENTS: The Minimum Levels of Service (MLS) requirements for properties designated as CNRA (Critical Natural Resource Area) on the Linn County Rural Land Use Map are shown in Appendix A of the UDC. The subject property does not meet all MLS requirements, as it is located over ¼ mile from a hard surface road. However, per Article 4, Section 5(1)(c) of the Unified Development Code (UDC) one purpose for determining this minimum level of service exists is to ensure that there are, adequate roads with sufficient capacity to accommodate traffic anticipated to be generated by the proposed development. In this instance, the subject property contains one (1) single-family

11 Case # JR , Page 3 of 9 dwelling, and there will be no additional development occurring on the site; therefore, staff believes the existing road capacity sufficient. A LESA analysis is not required per Article 4, Section 6, subsection 1(d) of the UDC, as the proposed rezoning is to a zoning district of equal intensity. Article 4, Section 6, (1) states that, A LESA analysis shall be required for all development proposals where a rezoning or subdivision of land is proposed. Exceptions to this shall include: (d) Rezoning to a zoning district of equal or lesser intensity. Linn County Planning and Development staff is proposing to remove the REC overlay zoning district, effectively rezoning the subject property from REC-CNR (Recreation-Critical Natural Resources) to CNR (Critical Natural Resources). Due to the fact that the proposal will result in a zoning classification on the subject property which is of equal intensity to the current zoning district, LESA standards are not required to be met. FINDINGS OF FACT: 1. Donald & Christine Mesch are the owners of the subject property, which is generally described as a Tract of Land beginning at a point 914 feet north and feet east of the corner of the SW NW, then south 87 degrees 43 feet east feet, then north 9 degrees 37 feet east feet, then north 77 degrees 40 feet west feet, then south 2 degrees 16 feet east feet to the Point of Beginning in , and contains approximately 2.80 acres. 2. The property is currently zoned REC-CNR (Recreation-Critical Natural Resources). 3. The property is designated as CNRA (Critical Natural Resource Area) on the Rural Land Use Map. 4. Linn County Planning and Development staff is requesting to rezone the subject property from REC-CNR to CNR (Critical Natural Resources) because it has been determined that a single-family dwelling is present on the property, which is lived in year-round. 5. The property is considered a legal lot of record, and contains one (1) single-family dwelling. 6. The subject property does not meet the Minimum Levels of Service (MLS) requirement for transportation in Appendix A of the UDC for properties designated as CNRA on the Rural Land Use Map. The subject property is located over ¼ mile from a hard surface road; however, there will be no additional development occurring on the site, and Planning and Development staff believes the existing road capacity is sufficient. 7. In accordance with Article 4, Section 6 1(d) of the UDC, the proposal is not subject to meeting Land Evaluation Site Assessment (LESA) requirements due to the fact that the proposal will result in a zoning classification which is of equal intensity to the current zoning district. 8. The Linn County Planning and Zoning Commission recommended approval of this application at their November 21, 2016 meeting by a vote of 5 to 0 (2 absent). CONCLUSIONS OF LAW: Animal feeding operations separation distance requirements. At the time of application, any proposed development that is located near an Iowa Department of Natural Resources (IDNR) permitted animal feeding operation shall be separated by the distance required for the type of structure as provided for in Appendix C of the Unified Development Code.

12 Case # JR , Page 4 of 9 Analysis: The nearest IDNR permitted animal feeding operation lagoon, manure storage facility or confinement building is approximately 2.19 miles from the proposed development area as measured from aerial photography. Conclusion: The requirements of Appendix C of the Unified Development Code appear to be met by the proposed development. Land evaluation and site assessment. All requirements of Article 4, Section 6, of the Unified Development Code shall be met as a condition of approval. Analysis: The rezoning is not subject to the LESA requirements of the UDC based on Article 4, Section 6, 1(d), which states that, A LESA analysis shall be required for all development proposals where a rezoning or subdivision of land is proposed. Exceptions to this shall include: (d) Rezoning to a zoning district of equal or lesser intensity. Due to the fact that the proposal will result in a zoning classification on the subject property which is of equal intensity to the current zoning district, LESA standards are not required to be met. Conclusion: The proposal is in conformance with the UDC. Article 4, Section 5, 5, Additional Standards for Review of the UDC states that any proposed development must be consistent with the Comprehensive Plan, the purposes and intent of the UDC and the supplemental policies, requirements and standards of the UDC, including but not limited to: (a) The proposed development is not detrimental to existing agricultural uses. Analysis: None of the area proposed for rezoning is currently in agricultural production and has not been during the past 5 years. Conclusion: Based on the above analysis, the proposed development is not detrimental to existing agricultural uses. (b) The proposed development will be served by adequate public facilities and services as set forth in a development agreement. Analysis: As previously stated, the subject property is located over ¼ mile from a hard surface road; however, there will be no additional development occurring on the site, and Planning and Development staff believes the existing road capacity is sufficient. MINIMUM LEVEL OF SERVICES FOR CNRA - Residential (Traditional) PUBLIC FACILITY MLS STANDARD CURRENT LEVEL WATER Individual Well Individual Well WASTEWATER On-Site On-Site TRANSPORTATION Class A County Road Within ¼-Mile of a Hard Surface Road 3/4 miles from a hard surface road, Alburnett Road FIRE PROTECTION Within 5-Mile radius of Fire Station Within 4.46 miles of the Troy Mills Fire Station

13 Case # JR , Page 5 of 9 Conclusion: The subject property is served by adequate public facilities and services. (c) The proposed development will not degrade significant environmental, ecological or natural resources. Analysis: No threatened and endangered species, unique natural areas, floodplain, or wetlands were identified on the subject property. There are steep slopes present, however, any structures proposed to be constructed on the site shall maintain a minimum setback of fifty (50) feet from steep slope areas, unless an approved mitigation plan is developed. Conclusion: Based on the above analysis, the proposed development will not degrade significant environmental, ecological or natural resources. (d) The proposed development achieves densities and uses in agricultural areas, critical natural resource areas, rural residential development areas and urban service areas as designated in the Comprehensive Plan. Analysis: The 2.8 acre subject property is located in an area designated as Critical Natural Resource Area (CNRA) on the county s land use plan map. Table 3, Land Use Map Designations and Allowable Densities of the 2013 comprehensive plan lists the following recommended densities for Critical Natural Resource Areas: LAND USE MAP DESIGNATION ALLOWABLE DENSITY NOTES CRITICAL NATURAL RESOURCE AREA Infill residential (1 unit per 2 acres except 1 unit per 10 acres within sub-watershed of Cedar River or Wapsipinicon River) New development must be buffered from delineated critical natural resources. The subject property is located within the sub-watershed of the Wapsipinicon River, which has a minimum lot size of 10 acres in areas designated CNRA. Although the subject property has a smaller lot size than the recommended density, it is considered a legal lot of record which has been in existence since at least The subject property is currently zoned REC-CNR, and the rezoning request is intended to remove the REC overlay district, which has standards that apply to cabins and seasonal homes. The subject property contains one (1) single-family dwelling that is lived in year-round. Conclusion: The proposal is in conformance with this provision of the UDC. (e) The proposed development is consistent with the goals, objectives and strategies of the Comprehensive Plan. Table 1 below lists all of the Goals found within each of the seven (7) Plan Elements in the Linn County Comprehensive Plan and determines if the proposal supports, does not support, or is neutral to each individual Goal based on a review of the Objectives and Strategies found in the plan. Any Goals that are of significant consequence to Staff s recommendation are discussed in greater detail below. Analysis: The proposal is supported by a number of Goals and Objectives in the following Comprehensive Plan Elements: Hazard Planning, Resource Protection, Sustainable Development, and Transportation. Conclusion: The proposed plat appears to meet the Goals, Objectives, and Strategies of the Linn County Comprehensive Plan.

14 Case # JR , Page 6 of 9 Table 1. Linn County Comprehensive Plan Goals ELEMENTS GOALS Proposal Supports Alternative and Renewable Energy Economic Development and Employment Opportunities Hazard Planning Livable Communities Resource Protection Goal 1: Encourage and support the development and use of alternative and renewable energy sources. Goal 2: Encourage and support energy efficiency strategies. Goal 3: Identify and mitigate barriers to the development of local alternative and renewable energy resources and increased energy efficiency strategies. Goal 1: Encourage a diverse agricultural economy, including local foods and commodity-based agriculture. Goal 2: Seek opportunities to diversify and expand the local employment base by providing a supportive environment for existing and new businesses, as well as entrepreneurial activities. Goal 3: Support and encourage a well-educated, highly skilled, and diverse workforce prepared for an increasingly competitive global marketplace. Goal 4: Recognize that future economic success in the county depends on implementing sustainable business practices that protect our natural environmental systems. Goal 1: Identify and implement strategies to prevent the occurrence of human-made hazards. Goal 2: Reduce the risk of the loss of life, property, and economic activity as a result of the occurrence of natural and human-made hazards. Goal 3: Increase the capacity of local government and residents to respond to the occurrence of natural and human-made hazards. Goal 4: Increase the capacity of local government and residents to recover from the occurrence of natural and human-made hazards. Goal 1: Protect and enhance the health and safety of all Linn County residents. Goal 2: Maximize resilience through the production and purchase of local and regional products, and the protection of local resources. Goal 3: Enhance connectivity and opportunities for all through improvements in transportation, education, and communication. Goal 4: Plan for demographic trends and changes. Goal 5: Value the county s unique and special places. Goal 1: Support initiatives designed to prevent soil erosion, improve soil quality, and educate the public on the importance of healthy soils in both urban and rural environments. Goal 2: Encourage the long-term viability of agriculture. Goal 3: Strive to maintain high-quality water resources. Goal 4: Address drainage and stormwater management as a regional issue and foster multi-jurisdictional cooperation. Goal 5: Support initiatives designed to protect or improve local air quality. Proposal Does Not Support N/A

15 Case # JR , Page 7 of 9 ELEMENTS GOALS Proposal Supports Sustainable Development Transportation Goal 6: Conserve and enhance natural resources, open space, and wildlife habitat throughout the county. Goal 7: Balance accessibility to local mineral resources with public safety considerations and competing resource protection goals. Goal 1: Maximize the use of existing gray infrastructure and adopt innovative green infrastructure techniques. Goal 2: Proactively address climate change through prevention and adaptation. Goal 3: Incorporate enhanced stormwater management and erosion control practices into county development standards. Goal 4: Encourage green building practices for new construction and major remodels, and consider code amendments that encourage or do not inhibit sustainable development practices. Goal 5: Reduce landfilled waste and support clean, efficient, economical, and environmentally sound management of solid waste. Goal 1: Ensure land use decisions are coordinated with city, county, and regional transportation plans. Goal 2: Encourage alternatives to auto-dependent travel when making transportation, land use, and infrastructure decisions. Goal 3: Consider environmental, cultural, and historic resources in planning future transportation corridors, and in the physical design of transportation infrastructure. Goal 4: Encourage a transportation system that improves the mobility, accessibility, connectivity, and safety for all residents. Goal 5: Promote comprehensive strategies to reduce dependency on nonsustainable fuel sources and increase fuel efficiency. Proposal Does Not Support N/A ALTERNATIVES: The following alternatives may be considered: 1. Recommend approval of the proposal subject to conditions. 2. Recommend denial of the proposal. 3. Refer the proposal back to the applicant for additional review / information. STAFF RECOMMENDATION: Staff recommends Alternative 1, approval, subject to conditions of the staff report. IT IS THE RESPONSIBILITY OF THE APPLICANT TO COMPLETE ALL CONDITIONS, AS OUTLINED IN THIS STAFF REPORT, PRIOR TO FINAL APPROVAL OF THE CASE. IF YOU HAVE QUESTIONS REGARDING A CONDITION, CONTACT THE DEPARTMENT UNDER WHICH THAT CONDITION IS LISTED. THE CONTACTS NAMES AND PHONE NUMBERS ARE LISTED BELOW. ITEMS IN THE COMMENTS SECTION ARE NOT A REQUIREMENT TO BE MET PRIOR TO APPROVAL. THEY ARE INTENDED TO INCREASE YOUR KNOWLEDGE AND AWARENESS OF ISSUES THAT MAY POSSIBLY EIST ON THE PROPERTY.

16 Case # JR , Page 8 of 9 LINN COUNTY ENGINEERING DEPARTMENT STEVE GANNON, COUNTY ENGINEER, Entrance permit required for new entrances and existing unpermitted entrances, Sec.11 and the Unified Development Code, Article 4, Sec. 8B 9(e). One entrance per parcel is allowed. An additional access may be allowed with justification and permit. IOWA DEPARTMENT OF TRANSPORTATION JOEL KEIM, ENGINEERING OPERATIONS TECHNICIAN, Not within the jurisdiction of the Iowa Department of Transportation. LINN COUNTY PUBLIC HEALTH DEPARTMENT SUE ELLEN HOSCH, ENVIRONMENTAL SPECIALIST, No conditions to be met. NATURAL RESOURCES CONSERVATION SERVICE JON GALLAGHER, LINN COUNTY SOIL CONSERVATIONIST JOHN BRUENE, DISTRICT CONSERVATIONIST, x3 1. No conditions to be met. LINN COUNTY CONSERVATION DEPARTMENT DENNIS GOEMAAT, No conditions to be met. Comments: 1. Limit trenching, grading, and construction activity over root zone of trees to be saved. LINN COUNTY EMERGENCY MANAGEMENT MIKE GOLDBERG, No conditions to be met. LINN COUNTY 911 COORDINATOR SHARENE OTTAWAY, No conditions to be met.

17 Case # JR , Page 9 of 9 LINN COUNTY PLANNING AND DEVELOPMENT - ZONING DIVISION STEPHANIE LIENTZ, PLANNER, Prior to close of the Board of Supervisors public hearing, the owner must sign an Acceptance of Conditions form. The Acceptance of Conditions form states that the owner understands and agrees to comply with the agreed upon conditions as negotiated or required by the Board of Supervisors. It is strongly recommended that the owner meet with the Planning and Development staff to review the conditions of the rezoning. 2. The landowner shall sign an Agricultural Land Use Notification form that has been provided by the Zoning Administrator. The landowner shall insure that such notification shall be attached to the deed and shall become a separate entry on the abstract of title for all the property that is subject of the permit or development as per Article 5, Section 1, 8 of the Unified Development Code. Planning & Zoning Commission approval of JR , November 21, 2016 Marquart Landa Bellon Carson Maxwell Dickey Grenis Aye Absent Aye Aye Aye Aye Absent

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25 Looking south along Windy Hill Circle from existing drive of subject property

26 Looking north along Windy Hill Circle

27 Existing single-family dwelling on the subject property