Linn County Board of Supervisors considers multifamily rezoning proposal

A proposal to rezone 11.68 acres in Linn County to establish a residential memory care facility is drawing criticism from nearby residents. If approved, the proposal would create the first multifamily property in unincorporated Linn County.

Jerry Horak, a nurse practitioner at the University of Iowa, is applying to turn a vacant home at 3541 Todd Hills Rd., near Hiawatha, into a residential care facility for people living with Alzheimer’s or dementia. Current regulations limit homes in the area to eight residents, but if the land is rezoned and the developer obtains a conditional use permit, it could be used to build a larger residential building.

Residential care facilities are a step between living at home and living in a skilled nursing facility. Residential care facilities support residents with daily activities but don’t provide around the clock care like skilled nursing facilities do.

The proposed development would be the first home in the Legato Living franchise in Iowa and one of eight licensed residential care facilities with a memory care designation in the state.

The developers signed a voluntary annexation agreement with Hiawatha in exchange for receiving water and sewer services from the city. In a written statement, the city said it would incorporate the property “in a year or two.”

Linn County residents who live near the property say changing the land use would amount to spot zoning, or selectively reclassifying an area in a way that’s inconsistent with surrounding properties.

The Planning and Zoning Commission recommended denying the application in a 3-2 vote, citing spot zoning as one of their concerns.

However, Brad Wylem, a planner with Linn County Development, said the department recommends approving the application. He said zoning regulations allow the change and since future developments would be residential in nature, they would be “on the same level of zoning intensity” as nearby property.

“It’s our staff’s opinion that this would not be a spot zoning situation,” Wylem said.

A petition to stop the rezoning has 133 signatures from nearby residents. Speakers during a public hearing on the proposal cited concerns about increased traffic and disruptions to wildlife, as well as the nature of future developments if the memory care facility didn’t last.

One commenter, Brett Larson, said the intended use of the land should not determine the zoning.

“The zoning stays forever, the use changes over time,” Larson said.

During second consideration of the proposal on Wednesday, Board Chair Kirsten Running-Marquardt said she didn’t foresee the safety and pollution concerns mentioned in public comment. Further, Running-Marquardt said, even if the memory care facility eventually became multi-resident housing, that wouldn’t be a negative outcome.

The proposal passed second consideration and the third reading is expected to take place Wednesday, Feb. 18.

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