Opponents: New rule could stifle economic growth

Opposition to the county?s revised subdivision ordinance focused on its potential to stifle economic development, inhibit city growth and restrict property rights.

Before the Jefferson County Board of Supervisors unanimously passed the ordinance with a provision to preserve farmland with an average corn suitability rating of 55 or higher Monday morning, residents offered feedback during a nearly hour-long public hearing.

Fairfield Economic Development Association President Pat Doyle said FEDA would like more time to investigate the impact the ordinance could have on development in Fairfield?s 2-mile extraterritorial zone.

In a letter to the supervisors, FEDA Executive Director Brent Willett wrote, ?The proposed CSR limitation has the potential to endanger not only a number of [expansions identified by the Fairfield Existing Business Initiative study], but to severely restrict future business attraction efforts in an increasingly competitive arena due to its unprecedented predilection toward agriculture.?

FEDA is in the process of researching the CSRs found in Fairfield?s 2-mile urbanized area. The letter expressed concern that a CSR rating of 55 is too low a threshold.

?We understand through communication with the Iowa State University Extension Service that land bearing a CSR of 60 or lower is considered to be marginal for crop use, which indicates that suitable, flat development ground is likely to bear a much higher CSR than the 55 limitation being considered,? the letter states.

Fairfield councilwoman Martha Norbeck suggested the board review the Natural Resources Conservation Service?s list of 28 criteria used to determine whether land is better suited for farming or development.

She said the simplicity of the language in the ordinance doesn?t fit the complexity of the issue.

But local farmer Bob Palm said CSRs are ?the name of the game? when it comes to agricultural land and its value.

Mayor Ed Malloy appealed to the board for more time to explore how the subdivision ordinance would impact Fairfield?s growth.

?[The county] started this process six, seven months ago, maybe longer. How come all at once this morning people are wanting extensions?? area farmer Joe Ledger asked. ?I think you?ve been at it long enough. It?s time to make a decision.?

The board felt the 2-mile extraterritorial zone should not be an issue, as the assistant county attorney has consistently advised that the city?s subdivision ordinance would supersede the county?s in that zone. Even if the county attorney and city attorney disagree on jurisdiction in the urbanized area, supervisor Dick Reed said the board will honor the city?s rights.

Local attorney Tom Makeig still questioned the legality of the ordinance?s language.

?You see references to CSRs in zoning ordinances, and I submit that this is very clearly an exercise of the zoning power without the checks and balances required by the statute,? he said.

Assistant county attorney Pat McAvan said the state?s attorney general?s office had advised him nothing prohibits the subdivision ordinance from including the reference to CSRs; however, the language raises questions that may or may not be challenged.

For the complete article, see the Tuesday, May 5, 2009, Fairfield Ledger.