Supervisors toughen residential development rules

Changes make it easier to overrule planning and zoning commission

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Scott County’s revised subdivision ordinance makes clear the county will not maintain new roads in rural subdivisions, but does not make it tougher for supervisors to decline planning commission recommendations.

The new rules reflect supervisors’ vote, upheld by a district court judge, against accepting responsibility for any new rural housing addition roads, except for some Park View property already zoned for residential development.

Supervisors drew the line in 2018 when former county engineer Jon Burgstrum said plowing new residential roads consumed too much county time and resources. Two developers challenged the county in court and lost.

Supervisors asked county planning and zoning commissioners to add that change and update the county’s subdivision ordinance.

The county board accepted all recommendations but one. Supervisors on March 4 rejected the commissioners’ plan to make it harder for supervisors to decline the commission’s recommendations.

The planning and zoning commissioners wanted a vote by four of five supervisors – instead of a simple majority – to decline a commission’s rezoning recommendation.

Right now, a simple majority of the supervisors can vote down a commission’s recommendation for rezoning. But it requires four-fifths to overrule a commission recommendation against zoning.

Supervisors Ken Croken and Brinson Kinzer supported the commission’s four-fifths majority proposal. Their proposed amendment was voted down 3-2.

But all five supervisors wound up voting to accept the new simple majority requirement for any supervisor action on a zoning commission recommendation.

The plan still requires four-fifths supervisor vote to grant variances or waivers from preliminary plat recommendations.

The ordinance change requires another affirmative supervisor vote before becoming law.

Riverdale TIF

Supervisors voted to send a recommendation against Riverdale’s planned use of tax increment financing for about $1.7 million in road work to accommodate more residential development.

The TIF district relies on future county and school district’s share of the new homes’ tax dollars to be used as an incentive to encourage the development.

Supervisors for at least five years have consistently opposed that tactic as a  residential development incentive, especially when some of the money is used to pay for a city’s staff time developing the proposal.

They sent similar letters for Eldridge’s use of TIF.

Four supervisors backed the letter critical of the project.

Supervisor Ken Croken said supervisors should butt out this time.

“I think these requests should be judged independently and separately based on the circumstances that surround them.  The city of Riverdale has little option to undertake this project. It’s landlocked, with limited funds. Just because we said no in other instances is not a compelling reason to say no here. One size does not fit all,” he said at the March 4 meeting.

Board member Tony Knobbe said Riverdale could do what most governments do when faced with an expense: Bill their own taxpayers.

“They do have a choice. They could go to bond referendum and easily pay for the project. It would swallow up a majority of their bonding capacity, but that’s what cities do,” he said.

Ag land rezoning gets unanimous support

Supervisors rezoned agricultural land near Park View for residential development, and included a limit on no more than six home lots.

The rezoning allows Erin and Alan Rubach, of Bettendorf to proceed with their plan to build one new family home on the 69 acres at the northwest corner of Scott Park Road and 267th Street, across from Park View’s main entrance. The property is hilly woodland, pasture and some farmed land.

The zoning restriction allows up to five more residential lots the couple said they may use for family members.

They told supervisors there are no plans for a new subdivision, which the zoning would accommodate. The six-home limit means the couple would have to return to supervisors and ask for more home  lots.

Planning director Tim Huey told supervisors he’d heard about an old dump site in the area, but found no indication it extended to this property. He said development and platting inspections would address it before any construction commenced.  He found no need to require further environmental studies.

Supervisor Knobbe said that should make it easier for the Rubachs to proceed. “We’ve all heard stories about unfounded claims of ancient burial grounds used as a tactic,” Knobbe said at the March 2 committee meeting.

The homes will be served by well and septic, although Park View Water and Sanitary District said it could accommodate most any residential development on the site.

Erin Rubach said the property near her parents’ home has been part of their dream to build a home in the country.

Scott County Board of Supervisors, Jon Burgstrum, Ken Croken, Brinson Kinzer, Tony Knobbe, Erin Rubach, Alan Rubach, Tim Huey, Park View Water & Sanitary District

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