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IOWA: EXTRATERRITORIAL SUBDIVISION
<br />CONTROL AND 28E AGREEMENTS
<br />Cross - boundary planning in Iowa is somewhat
<br />simpler than in Minnesota, since counties
<br />and cities are the only entities with planning
<br />authority. Under state law, cities have subdivi-
<br />sion authority over a two -mile extraterritorial
<br />jurisdiction outside their boundaries.
<br />Mason City
<br />Mason City recently adopted a new zoning
<br />code based on the form -based SmartCode.
<br />The city's zoning districts follow a transect
<br />arrangement, from the Zi Agricultural to the
<br />Z5 Central Business District. Much of the
<br />outlying land within city boundaries remains
<br />in agricultural use and zoning. The zoning
<br />code and subdivision ordinance, both ad-
<br />opted in 2010, are coordinated so that sub-
<br />divisions of more than two lots within both
<br />the Zi Agricultural District and the city's two -
<br />mile extraterritorial area are only allowed if
<br />they meet certain requirements:
<br />O The site must be contiguous to an existing
<br />neighborhood or can be readily connected
<br />to an existing neighborhood or corridor by a
<br />collector street.
<br />O The site must be able to be served by
<br />public utilities within a reasonable distance
<br />as determined by the city engineer and de-
<br />velopment review committee.
<br />* A concept plan must be developed as part
<br />of the application and show how the proposed
<br />subdivision will fit into a complete planned
<br />neighborhood of at least 4o acres in size.
<br />Road, block, and lot standards within
<br />the subdivision ordinance are consistent
<br />with new urbanist concepts, emphasizing
<br />interconnected streets, limited block length,
<br />sidewalks, and trails.
<br />According to Planning Director Pam
<br />Myhre, the new ordinances are working well
<br />and reducing the need for variances and
<br />rezoning. There has been little subdivision
<br />activity within the extraterritorial area, but
<br />one recently proposed business park within
<br />the city will be developing a concept plan
<br />with the required street connections.
<br />Linn County
<br />Intergovernmental cooperation in Iowa is
<br />strongly encouraged under state law: Chap-
<br />ter 28E of the Iowa Code permits any gov-
<br />ernmental agency to undertake any activity
<br />jointly with any other agency so long as each
<br />agency has the power to undertake that par-
<br />ticular activity on its own. These joint and
<br />cooperative arrangements have proved to
<br />be an efficient and popular way of providing
<br />services at a reasonable cost.
<br />Linn County(surroundingthe city of Cedar
<br />Rapids), has used "28E agreements" to develop
<br />a series of City - County Strategic Growth (CCSG)
<br />plans, enabling cities and the county to estab-
<br />lish stable cooperative zoning arrangements for
<br />growth areas outside city boundaries. As the
<br />recent CCSG plan for the small city of Ely states,
<br />"coordinated land use planning between a city
<br />and county promotes compact growth patterns
<br />in appropriate locations, reduces public infra-
<br />structure costs, and encourages the retention of
<br />viable agricultural operations and open space."
<br />The planning process begins with a
<br />Fringe -Area Policy Agreement, established
<br />under Chapter 28E, that establishes atwo-
<br />mile study area based on the city's extrater-
<br />ritorial jurisdiction. Within that area, the city
<br />and county agree to establish policies for
<br />orderly growth. The Ely plan, for example,
<br />designates most of the fringe
<br />area for continued agricultural use and de-
<br />fines three other areas surrounding the city:
<br />O A rural residential area designated for
<br />low - density development (i.e., rural roads,
<br />wells, and septic systems) and not intended
<br />for annexation
<br />O An urban service area designated for resi-
<br />dential development (i.e., developed with
<br />densities compatible with city standards
<br />and served by city utilities or its own cen-
<br />tralized system) and intended for eventual
<br />annexation
<br />0 A small rural commercial area, intended to
<br />allow limited highway - oriented commercial and
<br />office uses and not intended for annexation
<br />County zoning applies within each
<br />area, with city approval required for all
<br />zoning and subdivision applications. if an -.
<br />nexation takes place, the county waives
<br />its approval authority. The plan also estab-
<br />lishes minimum levels of service required
<br />for each land -use category at the time of
<br />development, consistent with the county's
<br />sophisticated Rural Land Use Plan. Services
<br />include not only water and wastewater but
<br />transportation (county road classifications)
<br />and fire protection.
<br />According to County Planning Director
<br />Les Beck, Ely is currently growing rapidly and
<br />expanding its boundaries through annexa-
<br />tion, which effectively takes the county out
<br />of the picture. Beck points out that while
<br />strategic growth planning can work well,
<br />the lack of regional population targets can
<br />hinder agreement. For example, one city
<br />currently working with the county on a fringe
<br />area plan has identified a i,000 -acre growth
<br />area based on its own population projec-
<br />tions, while county planners believe that a
<br />15o -acre area would be sufficient.
<br />The 28E agreement process may be
<br />most effective in establishing protocols for
<br />development review in order to implement
<br />an urban fringe area plan. The city of Ames,
<br />home of Iowa State University, recently ex-
<br />ecuted a 28E cooperative agreement with
<br />Story County and the neighboring city of
<br />Johnson County
<br />Linn County Planning and Development Departmen
<br />Legend
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<br />AMERICAN PLANNING ASSOCIATION page 5
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