MINUTES OF THE FORMAL MEETING OF THE JOHNSON COUNTY BOARD OF SUPERVISORS:
DECEMBER 16, 2004
Chairperson Neuzil called the Johnson County Board of Supervisors to order in the Johnson County Administration Building at 9:00 a.m. Members present were: Pat Harney, Mike Lehman, Terrence Neuzil, Sally Stutsman, and Carol Thompson.
Unless otherwise noted, all actions were taken unanimously.
Motion by Lehman, second by Stutsman, to approve the claims on the Auditor’s Claim Register, as approved by a majority of the Supervisors.
Motion by Stutsman, second by Harney, to approve the minutes of the formal meeting of December 9, 2004.
Motion by Harney, second by Lehman, to approve the payroll authorizations submitted by department heads, as approved by a majority of the Supervisors.
Motion by Stutsman, second by Lehman, to approve and authorize the Chairperson to sign: a Renewal Application for Class B Beer Permit, for Swisher Gas-N-Go, Swisher, as submitted by Raelyn Lamparek.
Motion by Stutsman, second by Thompson, to place on file the Clerk’s Report of Fees Collected for the month of November, 2004, in the amount of $7,305.49, as submitted by Clerk of District Court Lodema Berkley.
Application SP04005 of Twin County Dairies for Site Plan approval for Lot 2 of Emery B. Miller’s Subdivision.
RESOLUTION 12-16-04-Z1
RESOLUTION APPROVING THE SITE PLAN OF TWIN COUNTY DAIRIES FOR LOT 2 OF EMERY B. MILLER’S SUBDIVISION
Whereas, the owner has filed application SP04005 for approval of a Site Plan for Lot 2 of Emery B. Miller’s Subdivision, and
Whereas, the County Zoning Commission having studied said application recommends approval.
Now, Therefore, Be It Resolved by the Board of Supervisors of Johnson County, Iowa:
1. That said site plan be approved
Motion by Stutsman, second by Lehman, to approve Resolution 12-16-04-Z1.
Application SP04006 of Mark Sharpless for Site Plan approval for Lot 2 of Sharpless Subdivision.
RESOLUTION 12-16-04-Z2
RESOLUTION APPROVING THE SITE PLAN OF MARK SHARPLESS FOR LOT 2 OF SHARPLESS SUBDIVISION
Whereas, the owner has filed application SP04006 for approval of a Site Plan for Lot 2 of Sharpless Subdivision, and
Whereas, the County Zoning Commission having studied said application recommends approval.
Now, Therefore, Be It Resolved by the Board of Supervisors of Johnson County, Iowa:
1. That said site plan be approved
Motion by Stutsman, second by Thompson, to approve Resolution 12-16-04-Z2.
Application Z04016 of Richard Schwab and Kathy Burford, 2501 Sugar Bottom Road NE, Solon, Iowa 52333 requesting rezoning of 22.78 acres from RS Suburban Residential District to A1 Rural District of certain property described as being in the NE 1/4 of the SW 1/4 of Section 10, Township 80 North, Range 6 West of the 5th P.M. in Johnson County, Iowa (This property is located on the south side of Scotts Lane NE, approximately 1/2 mile west of its intersection with Sugar Bottom Road NE in Newport Twp.).
ORDINANCE 12-16-04-Z1
Zoning Application Z04016
AN ORDINANCE AMENDING THE JOHNSON COUNTY ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM RS SUBURBAN RESIDENTIAL TO A1 RURAL
SECTION I. PURPOSE. The purpose of this ordinance is to amend the Johnson County Zoning Ordinance by changing the classification of the real estate described in Section II hereof from RS Suburban Residential District to A1 Rural District.
SECTION II. CHANGE IN CLASSIFICATION. The zoning classification of the following described real estate located in Newport Township and comprised of approximately 22.78 acres to wit:
BEGINNING AT THE CENTER OF SECTION 10, TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE S01º24'08"E, ALONG THE EAST LINE OF THE SOUTHWEST ONE- QUARTER OF SAID SECTION 10, A DISTANCE OF 1326.29 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 10; THENCE S89º26'44"W, ALONG THE SOUTH LINE OF SAID QUARTER-QUARTER, 1340.79 FEET TO THE SOUTHWEST CORNER OF SAID QUARTER-QUARTER; THENCE N01º05'47"W, ALONG THE WEST LINE OF SAID QUARTER-QUARTER, 955.66 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF AN ACCESS EASEMENT KNOWN AS SCOTTS LANE NE (PRIVATE DRIVE); THENCE N79º49'18"E, ALONG SAID SOUTHERLY LINE, 193.12 FEET; THENCE N50º38'57"E, ALONG SAID SOUTHERLY LINE, 448.39 FEET; THENCE S07º38'26"E, 100.24 FEET; THENCE S07º30'53"W, 699.55 FEET; THENCE N88º54'13"E, 828.65 FEET; THENCE N01º24'08"W, 841.86 FEET TO A POINT ON THE NORTH LINE OF SAID QUARTER-QUARTER; THENCE N89º38'30"E, ALONG SAID NORTH LINE, 60.00 FEET TO THE POINT OF BEGINNING AND, THE SOUTH 60 FEET OF THE EAST 60 FEET OF THE SOUTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 10, TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA. THE RESULTANT ACREAGE IS 22.78 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
is hereby changed from RS Suburban Residential District to A1 Rural District.
SECTION III. DISTRICT MAPS. The portion of the District Maps maintained in accordance with Chapter 8:1.5.2 of the Johnson County Zoning Ordinance as pertains to the real estate described in Section II of this ordinance is hereby repealed and amended to reflect the foregoing change in classification.
SECTION IV. REPEALER. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.
SECTION V. SAVINGS CLAUSE. If any section, provision or part of this ordinance shall be adjudged invalid, illegal or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid, illegal or unconstitutional.
SECTION VI. EFFECTIVE DATE. This ordinance shall become effective, after its passage and approval, upon publication as part of the proceedings of the Board of Supervisors.
On December 16, 2004, motion by Stutsman, second by Lehman, to waive the requirement of three considerations before amending an ordinance and to approve Application Z04016 on first and second consideration. Roll call: aye: Harney, Stutsman, Neuzil, Lehman, Thompson.
Motion by Harney, second by Stutsman, to approve Application Z04016 on final consideration and to approve Ordinance 12-16-04-Z1. Roll call: aye: Harney, Stutsman, Neuzil, Lehman, Thompson.
RESOLUTION 12-16-04-Z3
Whereas the Johnson County Planning and Zoning Commission, following a public hearing, on December 13, 2004, filed its report and recommendations for certain actions;
Now, Therefore, Be It Resolved as follows:
1. A public hearing in accordance with Section 335.6 of the Iowa Code is set for the 13th day of January, 2005 at 5:30 p.m. in the Board Room, Johnson County Administration Building, 913 South Dubuque Street, Iowa City, Iowa, on the following: Z04017 (Stark), S04005A (Weldon), S04046 (Eicher Farms), S04056 (Dane).
2. That the Johnson County Auditor be authorized to publish the official notice of above public hearing.
Motion by Stutsman, second by Thompson, to approve Resolution 12-16-04-Z3.
Amendment to the Johnson County Zoning Ordinance
The proposal is to amend the Johnson County Zoning Ordinance by replacing it with an updated version. The intent of the changes is to create an updated, user-friendly document that reflects the current development patterns of Johnson County. The existing ordinance was revised and combined with the subdivision ordinance, floodplain management ordinance, site plan ordinance and pertinent building codes which, together, will create an overall Johnson County Unified Development Ordinance. The following is a summary of what the Johnson County Planning and Zoning Department believes are the major substantive changes made to the zoning ordinance.
The “Definitions” section of the ordinance has been expanded. Several definitions have been added, some existing definitions have been updated or are now more comprehensive, and some other definitions have been deleted or replaced. Two definition changes that are of substantive significance include those for “junk yard” and “landscaping business”. The definition of junk yard has been amended to include the mere storage of junk. This change has the potential of a broader interpretation of what is a junk yard and greater regulation thereof. A landscaping business has been defined such that there is a distinction between it and a nursery. This change attempts to account for the difference between the cultivation and sale of plants at a nursery as opposed to the storage and sale of building materials and equipment associated with landscaping.
Several individual zoning districts have been combined, eliminated or renamed. These changes were made to make the ordinance easier to use, to provide a better understanding of the requirements of the districts, and to use more modern and appropriate nomenclature. Consideration was given to the various uses permitted in the districts with an eye towards preventing non-conforming uses and making the district classifications more understandable and logical. The specific changes include the following: A1 Rural was changed to A Agricultural; A2 Resort was changed to AR Agricultural Residential; RS3 was changed to R3; RS5 was changed to R5; RS10 was changed to R10; RS20 was changed to R20; R1A was changed to RUA; R1B was changed to RUB; R2 was changed to RTF (Residential Two Family); R3A was changed to RMF (Residential Multi Family); C1 and C2 were combined into C Commercial; CH-F Commercial Highway Fairgrounds was eliminated and fairgrounds will now be under the C-AG Agri-Business District; CP1 and CP2 have been eliminated and combined into the C Commercial District; M1 was changed to ML Light Industrial; M2 was changed to MH Heavy Industrial; A3 was eliminated; and a new P district has been created for Public Uses.
Several conditional uses were added to the A and AR districts, including churches, cemeteries, commercial/private wind generators, communications towers, landfills, landscaping businesses, orchards, wineries and special events.
Storm shelters will be required in all RMH Manufactured Housing Residential districts and the requirements for individual mobile home park lots have been changed and expanded.
The permitted uses for C Commercial and CH Highway Commercial districts have been updated.
Those uses in MH districts which previously required separate approval by the Board of Supervisors have been changed to conditional uses.
The Height, Off-Street Parking, Sign and Fence standards have been combined into an Additional Regulations chapter.
Off-Street Parking and Fence standards have been updated.
The provisions dealing with non-conforming uses have been changed to require a non-conforming use to be discontinued if the structure involved therewith is damaged by more than fifty percent of its value.
The responsibility for authorizing conditional use permits has been shifted from the Board of Supervisors to the Johnson County Board of Adjustment.
Special Events have been added to the ordinance as a conditional use, allowing for administration and monitoring of events that previously may not have been allowed.
Plats will have to be submitted in both paper and digital form, to allow for faster and more efficient entry into the County’s GIS system.
As part of the subdivision approval process, proposed infrastructure improvements such as roads, etc., will have to be completed prior to a final plat being approved and as-built plans will have to be submitted. If it is impracticable to make said improvements prior to approval of the final plat, the developer will be required to post a bond or enter into an agreement guaranteeing the improvements will be built prior to a building permit being issued.
Subdivision fencing requirements have been updated and clarified.
Performance standards have been added and altered for landscaping and buffering under the Site Plan Review provisions. These standards included submission of a landscape plan in addition to the overall site plan.
Auxiliary Dwelling Units will be allowed as part of a primary residential unit. This includes an additional residential unit containing its own kitchen and bathroom and used exclusively for occupancy of family members of the primary residential unit.
Street Signage in subdivisions must meet the requirements set out in the Manual on Uniform Transportation Control Devices.
The fee schedule and administrative provisions have been updated. This description sets out a summary of the most significant substantive changes proposed. It is meant only to provide a synopsis of the essential elements of the same. The complete language of the proposed amended ordinance should be reviewed and is available, in its entirety, for review and downloading at the Johnson County Website (www.johnson-county.com) and is on file at the Johnson County Auditor’s Office and the Johnson County Planning and Zoning Department, both located at 913 S. Dubuque Street, Iowa City, Iowa. The Auditor’s Office is open Monday through Friday from 8:00 a.m. through 6:00 p.m. and the Zoning Department is open Monday through Friday from 8:00 a.m. through 4:30 p.m. The proposed amendments to the Johnson County Zoning Ordinance shall be in effect when and if they are approved by the Johnson County Board of Supervisors and published, all in accordance with state law.
On December 9, 2004, motion by Stutsman, second by Thompson, to approve on first consideration the adoption of the Johnson County Unified Development Ordinance.
Motion by Stutsman, second by Lehman, to approve on second consideration the adoption of the Johnson County Unified Development Ordinance.
Motion by Stutsman, second by Harney, to approve and authorize the Chairperson to sign the agreement with Solon for Library Service to Rural Johnson County.
Motion by Lehman, second by Stutsman, to appoint Sally Stutsman and Carol Thompson to serve as alternates on the GIS Policy Committee.
Motion by Stutsman, second by Lehman, to approve and authorize the Chairperson to sign an Application for Fireworks Permit for Gene Zdrazil, 6090 River Junction Road SE, Lone Tree, on December 31, 2004.
Recessed to informal meeting at 9:42 a.m.; reconvened at 11:31 a.m. as a Presentation to employees in recognition for Years of Service.
35 Years of Service: Debra Lewis
30 Years of Service: Pat Zimmerman, Gayle Svatos
25 Years of Service: Tom Jacobs, Becky Bream, Anne Lahey, Kathryn Kasson, Carolyn Burke, Dan Kramer, Margo Magee-Swim, Dorothy Richards, Steven Feddersen, Mike Hennes, Larry Brecht, Christine Dwyer, Douglas Vannoy, Sharon Jones
20 Years of Service: David Tiffany, Mark Kistler, Harry Rueber, Margaret Juels, Diane Kaster, Mitch Peters, Mike Pottorff, Mitch Peters, Mike Pottorff, Susie Koshatka, Gary Kramer, Patricia Lane, Daniel Vincent, Theresa Beranek
15 Years of Service: Evelyn Wolfe, Teresa Jensen, Joan Lind, Terence Kinney, Timothy Kinney, Lynn Kubit, Vicki Riggan, An Fevold, David Moran, Steven Delaney, Isabelle Klaren, Ron Schneider, Fred Lampe, Kevin Bell, Stephanie Clark, William Deatsch, Kevin Elliott, Phillip Schintler
10 Years of Service: John Grier, Mark Wyatt, Sharon Everts, Mark Fedler, Fred Brown, Craig Margulis, Diane Buckman, Bonnie Lacina, Leo Baier
5 Years of Service: Fiona Johnson, Karma Kemp, Mike McLaughlin, Victoria Cole, Jose Flores, Michael Lehman, Carol Thompson, Julie Carson, Kim Droessler, Candy Melancon, Geri Garvey, David Wagner, Andrew Weigel, Jennifer Feldmann, Elaine Sweet, Dan Swartzendruber, Kimberly Painter, Erik Therme, Lois Hughes, Dan Ruess, Chris Henze, Wayne Aubrecht, Kari Funk, Michael O’Brien, Gregory Scheid, Dan Snow, Thomas Kriz
Adjourned at 11:45 a.m.
/s/Terrence Neuzil, Chair, Board of Supervisors
Attest: Tom Slockett, Auditor
By Casie Kadlec, Recording Secretary
These minutes were sent for publication and formal approval on December 23, 2004.