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Zoning Stewart Old Hi R1 to CSPla~-dng Services Department City- Hall 50 West 13th St~et Dal~que, Iowa 52001486~ (563) 589-4210 office (563) 5894221 fax (563) 690-6678 TDD plarming~cityofdubuque.org L)UBUQ'UE July 22, 2002 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 RE: Rezoning Applicant: Wayne & Lynn Stewart Location: Old Highway Road/Seippel Road Descdption: To rezone property from R-1 Single-Family Residential District Service and Wholesale District. Dear Mayor and City Council Members: The City of Dubuque Zoning Advisory Commission has reviewed the above-cited request. The application, staff report and related materials are attached for your review. Discussion The applicant's representative spoke in favor of the request stating that the property has been marketed as a residential subdivision but because of the existing industrial properties to the west has not been well received by potential residential buyers. The proposed CS District would function as a transition area between industrial property and residential property to the east and north. Staff reviewed surrounding zoning and land use and summarized allowed uses in the CS District. There were several public comments conceming the impact the possible commercial businesses would have on surrounding residential property, including increase vehicle and truck traffic, loss of property value and increased noise. The Zoning Advisory Commission discussed the request, noting that the subject property is a transition parcel as its adjacent to both residential and industrial properties. The Commission believed that a PUD might be more appropriate for the site to address the unique nature of the property. Recommendation By a vote of 7 to 0, the Zoning Advisory Commission recommends that the City Council deny the request. A simple majority vote is needed for the City Council to deny the request, a super-majority vote is necessary for the City Council to approve the request. Respectfully submitted, Eugene Bird, Jr., Chairperson Zoning Advisory Commission Service People Integrity Responsibi~ty Innovation Teamwork Prepared by: Laura Carstens, City Planner Address: 50 W. 13th St., City Hall Telephone: 589-4210 ORDINANCE NO. -02 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 8000 OLD HIGHWAY ROAD FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter -described property from R-1 Single -Family Residential District to CS Commercial Service and Wholesale District, to wit: Lot 2 of 2 of Mason Cate Estates, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this day of , 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Prepared by: Laura Caretens. City Planner Address: 50 W. 13th St.. City Hall Telephone: 589-4210 ORDINANCE NO. -02 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 8000 OLD HIGHWAY ROAD FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter-described property from R-1 Single-Family Residential District to CS Commercial Service and Wholesale District, to wit: Lot 2 of 2 of Mason Cate Estates, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, lowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this day of ,2002. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk REZONING STAFF REPORT Property Address: Property Owner. Applicant: Zoning Agenda: July 10, 2002 Southwest corner of Old Highway Road and Seippel Road Wayne and Lynn Stewart Wayne and Lynn Stewart Proposed Land Use: Commercial Service Proposed Zoning: CS Commercial Service and Wholesale District Existing Land Use: Vacant Existing Zoning: City R-1 Adjacent Land Use: North-County R-1 Adjacent Zoning: North- County R-1 East - City AG East- City AG South - County R-1 South - County R-1 West-County M-1 Conditional West - County M-1 Former Zoning: County R-1 Total Area: 25 acres Property History: The subject parcel was requested for rezoning from R-1 County to LI Light Industrial as part of an annexation request in October 1999. In May 2001, the subject parcel was requested for rezoning from County R-1 to City R-1 Single- Family Residential as part of annexation into the City of Dubuque for a five-lot subdivision. Physical Characteristics: The subject property is vacant farmland with frontage on both Old Highway Road and Seippel Road. The topography is rolling and drains to the southwest. Concurrence with Comprehensive Plan: The 1995 Comprehensive Plan and Future Land Use Map did not identi~ the subject property as a potential growth area. However, the subject property was included in Area 4 of the 1997-1998 Annexation Study. Impact of Request on: Utilities: The property can be adequately served by an existing 12" water main along both the new alignment of Seippel Road and Old Highway Road. An 8' sanitary sewer line interceptor is approximately one mile away on the south side of the landfill. Traffic Patterns/Counts: The subject property has frontage on both Old Highway Road and Seippel Road. Average daily traffic counts for 1997 are 2,270 for Old REZONING STAFF REPORT Page 2 Highway Road and approximately 1,500 for Seippel Road at its intersection with Old Highway Road. Public Services: Response time for City police, fire and emergency service will be same or less than the response time of County and volunteer services. The City has identified that an addition or relocated fire station may be needed in the future as the community develops to the west. Environment: Staff does not anticipate any adverse impact to the environment provided adequate erosion control and storm water control is provided during all phases of development. Adjacent Properties: The development of the subject parcel for commemial service and wholesale type uses will generate additional traffic on surrounding roadways. CIP Investments: 'None proposed. Staff Analysis: Wayne and Lynn Stewart are requesting rezoning of 25 acres from R- 1 Single-Family Residential District to CS Commercial Service and Wholesale District. The subject property is on the southwest comer of Old Highway Road and Seippe! Road, but does not include the property owned by Mr. and Mm. Cate, which is legally described as Lot 1 of Mason Cate Estates. The subject property was rezoned and annexed into the City of Dubuque in the fall of 2001. The applicant proceeded with preparation and approval of a final plat and improvement plans. The applicant is now requesting rezoning of this property as he does not feel that a residential subdivision is viable at this location. The commercial service and wholesale district allows for a range of commercial uses that typically do not sell directly to the end consumer, but provides most goods and services to contractors and businesses. A copy of the CS Commercial Service and Wholesale District is atlached for the Commission's review. City water service is available to the site along both Seippel Road and Old Highway Road. City sanitary sewer is located approximately a mile away on the south side of the landfill property. Development of the property for commercial service uses would require extension of the sanitary sewer to provide service to this area. The city has not allowed commercial businesses to use septic systems because of the difficulty in designing a septic system that can handle the potential waste stream produced by commercial land uses. Access to this lot can be from either Seippel Road or Old Highway Road. Currently, there is roadway roughed in that was to be called Pinto Ridge Court. Mr. Stewart has discussed with staff the provision of a buffer parallel to Old Highway Road. This buffer would be created by not excavating the area adjacent to Old Highway Road, which would then leave a berm approximately 20 feet high. This berm REZONING STAFF REPORT Page 3 would screen single-family homes the north side of Old Highway Road from the new businesses in the commercial service wholesale district. The Zoning Advisory Commission does have the authority to place conditions on rezoning requests to help mitigate potential adverse impacts to adjacent properties. Staff recommends the Zoning Advisory Commission review Section 6-1.1 of the Zoning Ordinance that establishes criteria for reviewing rezoning requests. Prepared by: ~/J Reviewed: /u'?,~ Date:~ County M-1 UJ County R-1 County M-2 R-1 County R-I Proposed Area to be Rezoned AG Railroad R-O-W Applicant: Wayne & Lynn Stewart Location: Old Highway Road/ Seippel Road Description: To rezone property, from R-1 Single-Family Residential District to CS Commercial Service and Wholesale District. Proposed Area to be Rezoned PLANNI'NG APPLI'CATI'ON FORM Qb/of Dubuque Planning Services Department Dubuque, ~A 52001-486~ Phone: 563-589-4210 Fax: 563-589~221 ~ Variance ~ Condi~onal Use Permit [] Spedal Exception [] Umited Setback Waiver E~ezoning [] Planned District [] Preliminary Plat D Minor Rnal Plat [] Text Amendment [] Simple Site Plan [] Minor Site Plan [] Major Site Plan [] Major Final Plat [] Simple Subdivision [] Temporary Use Permit [] Certificate of Economic Non-Viability ~ CerUficate of Appropriateness Please tv~e or Drint legibly in ink Property owner(s): ~/,4 y,,j~ ~-~ ~. Y~ Address: ~c~ ~oX //?~ Fax Number: Cib/: .~uCz~d4~ State:/0wA- Zip: Mobile/Cellular Number: 5~8o- o/o~ Applicant/Agent: Phone: ab/: state:__.Zip:. Fax Number: Site location/address: Existing zoning: )~- Mobile/Cellular Number: propped ning: 5 Hi o c ndma : Legal Description (Sidwell parcel [D~ or lot number/block number/subdivision): Total property Oot) area (square f~t or aa'es):_ .2 ~-- /~_~ Descdbe proposal and reason necessary (attach a letter of explanation, if needed): CERTZF[CATZON: Z/we, the undersigned, do hereby certify that: The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record; 2. Fees am not refundable and payment does not guarent~e approval; and 3. All additional required wri~en and graphic materials are attached. Property Owner(s): ~/1//~--'~C-~ ~ Date: Applicant/Agent: Date: FOR OFF~CE USE ONLY - APPLZCAT~ON SUBMTITAL CHECKLlrST Fee: ~ Received by:-//'~ZY/--~--,/ Date: /,/~/~Z'Docket'. . [] Site/sketch plan D Concep~'ual Devetc~nent Plan uPhoto [] Plat C Zmprovement plans [] D6sign review project description u Floor plan [~ Other: DU549 CH-01.TXT (1) 3-3.6 CS Commercial Service and Wholesale District. (A) GeneraIpurpose and description. The CS District is intended to provide areas for a variety of' business services, office uses, limited industrial activity and major wholesale operations. The CS uses are primarily characterized by large storage space requirements, high volume track traffic and low volume customer traffic. Special emphasis shall be placed on selection of areas to be granted CS classification. It is intended that the CS District is one that provides a transitional zone that can be used between industrial and commercial uses and in cases where topography establishes a transitional area due to physical limitations between industrial and higher density residential development. (B) Principalpermitted uses. The following uses shall be permitted in the CS District: (1) Railroads and public or quasi-public utilities including substations-[47]. (2) General office-[14]. (3) Medical/dental lab-[8]. (4) Personal services-[14]. (5) Off-street parking lot-IN/Al. (6) Furniture/home furnishing-[27]. (7) Appliance sales and service-J27]. (8) Furniture upholstery/repair-[18]. (9) Business §ervices-[29]. ( 10)'Office supply- [ 19]. (11) Vending/game machines sales and service-[19]. (12) Mall-order houses-[23]. (13) Lumberyards/building material sales-[19]. (14) Construction supplies, sales and service-[19]. (15) Printing/publishing- [32]. (16) Moving/storage facilities-[33]. (17) Auto service centers (TBA)-[34]. (18) Auto sales/service-[38]. (19) Auto repair/body shop-J35]. (20) Track sales/service repair-[39]. (21) Farm implements sales and service-[39]. (22) Auto para/supply-[ 17]. DU549 CH-01 .TXT (2) (23) Mobile home sales-[40]. (24) Motorcycle sales and service-[41]. (25) Boat sales and service-J40]. (26) Recreational vehicles sales and service-[38]. (27) Vehicle rental-[47]. (28) Upholstery shop-J42]. (29) Contractor shop/yard-J33]. (30) Wholesale sales/distributor-[29]. (31) Freight transfer facilities-[44]. (32) Fuel/ice dealers and manufacturing-[33]. (33) Agricultural supply sales-[19]. (34) Processing or assembly-[33]. (35) Tool, die and pattern-making-[33]. (36) Miniwarehousing- [47]. (37) Engine/motor sales, service and repair-[19]. (38) Refrigeration equipment and supply, sales and service-[19]. (39) Landscaping services (not including retail sales as primary use)-[29]. (40) Welding services-J29]. (41) Animal hospital/clinic-[23]. (42) Kennel-[23]. [ ] Parking group - See Section 4-2 of this Ordinance. (C)Accessory uses. The following uses shall be permitted as accessory uses as provided in Section 4 of this Ordinance: (1) Any use customarily incidental and subordinate to the principal use it serves. (D) Conditional uses. The following conditional uses are permitted in the CS District, subject to the provisions of Section 5 of this Ordinance and are the minimum requirements for application to the Board of Adjustment for a conditional use permit: (1) (Reserved) CE) Temporary uses. The following uses shall be permitted as temporary uses in the CS District: (1) (Reserved) (F) Bulk regulations. DU549 CH-01.TXT (3) Front yard setback: 20 feet Side yard setback: 0 feet* Rear yard setback: 0 percent lot depth* Building height: 40 feet *Except where abutting a residential or office residential district, then six foot (6') side yard and twenty percent (20%) lot depth rear yard setbacks required. (G)J~arking requirements. See Section 4-2 of this Ordinance. (II)Signs. See Section 4-3 of this Ordinance. From: "Planning SewJces" <planning~dubuque.org> To: <Jesusis4U2~aol.com> Sent: Tuesday, July 09, 2002 8:12 AM Subject: Re: Regarding Public Hearing for Zoning Change I will forward your letter to staffto take to the Zoning Advisory Co,,ini.~sion meeting. Copies will be dism'bmed to the Co,nl~i.qsion al the Thank you for your comments. From: <Jesusis4U2~ol.com> To: <planning@cityofdubu_que.org> Cc: <GENEBIRDSIGN~aol.com>; <RoaringLamb@aol.com>; <hardie62@home.com>; <broush(~,conlonco corn> Sent: Monday, July 08, 2002 10:20 PM Subject: Regarding Public Hearing for Zoning Change > Dear Advisory Commission, > > I regret that I wffi not be able to attend the public hearing to be held Oll > Wednesday, July 10th, 2002, in regard to the proposed zoning changes in my > neighborhood. In my absense I respectfully request that this letter be read > by each member of the commi~ion before they participate in the hear~g, and > for consideration prior to their decision. > > I am specifically concerned about the proposed rezoning of certain property > by Wayne and Lynn Stewart from Single-Family Residential District to CS > Co,,~,-~reial Services and Wholesale District. > > This proposal negatively concerns me for a number of reasons as follows: > 1) The entrances to the proposed area are directly a~ross the street from our > mb-division, and one driveway is in fact directly opposite our own front > yard. Since there are many small children in our ~eighborhood it would > dangerous to allow such a change due to the added traffic, especially > commercial vehicles. > > 2) Obviously the property value of all nearby residential areas will be 07/18/2002 > adversely effected by such a decision in favor of the Stewa~ts. I would > personally oppose such a decision. > > 3) It is my hope that this commi.qsion will take great care in invest tio > any potential "peo,llarities" which may be happoalng behind the scenes in > regard to this proposal It seems odd to many in our neighborhood that > several easily verifinble facts would indicate that there is at least > potential for some mis-nse of influence. > a) one such fact is that street signs were clearly posted in thc area > proposed some time ago, and the names of these streets already indicated > "industrial" intentions. > b) oddly, those same signs were quickly covered with black plastic just > after their installation. > c) more peculiar still is the fact that when a particular neighbor began > inquiring about these facts at city hall the signs were immediately removed! > In light of these oddities it certainly appears that this very hearing is a > mere formality and the decision is already made in the intentions of > members ofthis hoard. I would certainly hope that is NOT the case, as a > judgement against this proposal would indicate. If however, this commi.qsion > finds in favor ofthe Stewarts I believe there will be many here who will > cemainly find theanselves curious enough about these and other issues to seek > more clarity in their regard. > The evidence for all ofthe above stated facts is easily verifaed and would > certainly be made avilable to the commission or any other investigating > authorities in the interest of cooperation ifwe need in the future to > our objections to court. > > I thank you for your consideration in this matter and for your diligent > service to our ¢ommullity. ~> > Very sincerely, >-Kelly Allen > 15165 Old Highway Road > Peosta, IA > 52068 07/18/2002 Establish a pattern © © ,_:~Ty OF DUBUQUE Going thru 3/21/00 minutes ,~UL 1 0 2002 Are we wasting time? Why would a decision not last longer? · Long-term effect on neighborhood by ma!ring a wise long-term use for the land. ' ......... :~'~=~'~'"~ ' We compromised last time. What has changed in the past 2. years to make a difference in the decision tbJs time? The RR tracks still make a "natural" border. Our neighborhood is strong, large and extended up to t mile. © We see each other often · Campfzres, summer picnics, graduations, Xmas o This is how we found out about the zoning - not a letter. o Please do not separate this established neighborhood with a large Commercial Area. We would embrace new neighbors. © 5 acres won't sell - ~Vhy not try 1 - 2 acre lots? · Callahan on Seippel Road thought it was a good idea too. © With the new Industrial Area by the ponds, people like to live close to their work. Let's give them some options rather than forcing them into Peosta or Asbury. o We have seen no signage to encourage Residential Development. Neighborhood Concerns © Increased traffic - especially heavy truck o Increased pollution, noise, lighting © Increased danger for children · Jane Boge - Daycare Provider · Many at home Moms o What happens to the value of our property? © Create more of an "eyesore" With the excavating so far what impact has that had on the creek? o Run off is very "gray" o Possible DNR study on the effects of Industry & Commercial Across Seippel is also Residential o Would you not consider this to be "Spot Zoning"? · Where would further Commercial Area go, it would be butting up to residential areas. o Jimmy Graf signature - he does not want to look at a "mess" · Owns 17 acres across on Seippel Road - see map Mr. Stewart is "coming thru the back door" again o A concern stated in the 3/21/00 zoning minutes o Article in 10-7-99 Tele~aph Herald. · '2xlo compelling reason" --- What has changed? 3uT_-Og-Oz ,U~ 09:33 ~ ZON,N~ & HEALTH F3X:563 589 7868 PAGE 2 DBQ ' :T '~ Mr. Brimeyer stated that the n~in mason for the R-2 zoning was to be able keep the new home in line mith the current homes in the ar~z~ Mr. Schr~t~ asked if anyone wished to speak regarding this plat. No o,ne spoke. C~TY Of DUBUQUE JUL 1~,0 2002 Ms. Reiss made the motion to approve the Final Plat of Lots 1, 2, 3 and 4 - "~ 19, Cr90N, P.2E), Pera ToWnShip'imM's: Bnmeyer Acres, F~rs Addition section . Krause seconded the motion. Motion carried unanimousiy. LAWRENCE BRIMEYER- FINAL PLAT Survey of Lots 1 - 5 Brimeyer Acres, Second Addition, a Subdivision of Lot 1 J.J. Schmitt Place, SE ¼ NW ¼, Section 19, (Tg0N, R2E), Pea Township. Ms. O'Shea explained that Larry & Diane Brimeyer also own this property and that it was also recently re, zoned to R-2 for setback purposes. Lo~s 1 and 2 and Lots 3 and 4 will share access onto Sherrill Road and Lot 5 will have access off I. tolstein Lane. The lots have separate wells and septic systems. Ms. O'Shea also stated that the County Engineer has reviewed the survey. Larry Brimcyer and Dave Schneider appeared before the Board. Mr. Brimeyer stated that the Sherdll Road project is in the real near future. Mr. Schmitt asked if anyone wished to speak regarding this plat. No one spoke. Mr. Flogel made the motion to approve the Final Plat of Lots 1 ' 5 Brimeyer Acres, Second Addition, Section 19, Ci'90N, R2E), Peru Township. Mr. Mausser seconded the motion. Motion carried unanimously. 4. REZONLNG CASES ZC#03-104}0 WAYNE & LYNN STEWART R-1 to M-1 Ms. Gavin exp!~ined that thc applicants are requesting to rezone from R- 1, Rural Residential to M-l, Industrial, 20 acres, mo~e or less, to allow for construction of warehouse storage units. The property, located along Old Highway Road, is legally described as Lot 2 Mason Cate Estates, Section 36, (T89N, R1E), Center Towrmhip, Dubuque CounW, Iowa. Todd Stevenson, with Kane, Norby and Reddick Law Firm, 2100 Asbury Road, appeared on behalf of Wayne and Lynn Stewart. Mr. Stevenson explained that Mr. Stewart had JUL-09-02 TUE 09:BB BS{ nmALm DBQ ZONING & '~ ~ rA,~.~s3 589 7868 PAGE originally tried to annex the property to the City of Dubuque and rezone the property and met with resistance from *.he neighboring property owners, lv[r. Stewart has reworked his Mr. Stewart ha~ addressed those issues and sent a,l,~e?e,r:.~:~,adj~ ;'~;:':~?-"~?-~; ~;o;v-~ any ,~,~ ~m-any orme aujacem prope~y pw~. . Mr. Stevenson showed a map of the sttrmunding area and explained the various zonings and . the topography. Mr. Stevenson stated that Mr. Stewart is proposing to divide the property into two pa~.s. The eastern part would be left R- 1 and would be developed into a housing area. The western part. that he's propnsing be zoned M-1 would have access off OId H~ghgvay Koad, n ..... ~:-'~ ~'"' ~'??'[f' ~'~ bridg'e and propo sos warehouse or storage type units for that area. The reason Mr. Stewart is uncomfortable with leaving the property all zoned R-I and developing the entire property into housing is because of the nature of the industries that are located fight next to bis property. Mr. Stevenson stmed that it was Mr. Stewart's intentions to divide the property and put in a buffer between the heavy industry on the other side of the railroad tracks, going to a lighter indusU'y and then gradually flow into a housing development. The housing development would b~ compatible with most of the neighbors. _ --'-'~--~-----~'--'~ Mr. Stevenson also presented photographs of the property. Mr. Stever~on again stated that they felt this proposal would be a natural progression of zoning. .Mr. Schmitt asked if warehou_~e~_re~qnired a M-1 zoning. Ms. O'Sbea stated that *dais was not going to be mini-warehouses, it is going to be large wambouses. Ms. O'Shea also stated that there were not specific plans or a buyer for this property, so anything that would be allowed in M-1 would be allowed if the property were rezoned and the property was then sold. Mr. Stevenson sated that it was Mr. Stewart's intention to develop the property himself and that it would not'beneficial for him to develop this v~th, somethJng that would not be compatible with t~i'e larser portion of the property where he s going to want to sell homes to people. Mr. Stackis asked what the request was that was made to the City of Dubuque. Mr. Stevenson stated that the request was for heavy industrial on the west side and light industrial on the east side, which was why the neighbors objected. Mr. Stevenson also stated that the neighbors were concerned about an asphalt or ready-mix plant being placed on the property. Wayne Stewart, 868 Scenic Heights, East Dubuque, Illinois, appeared before the Board. Mr. Stewart stated that there is a large change in elevation from one part of the property to the other. Mr. Stewart stated that qtmrfies or asphalt plants are not allowed in the M-1 District. JUL-09~02 TUE 09:88 ~ ? D~Q ZONiN~ & HmAalH 589 7868 PAGE Mr. Mausser asked if there was any ot.h~ district that would be less controversial and would work for this area. Ms- O'Shca stated that the B-1 Business District would allow any type of commercial activity that was completely enclosed. It would not allow storage outside of vehicles or · ' . It would materials but it would allow a warehouse type vathout heavy traffic or trucking allow commercial, not indust~al. The B-2 District would allow more thc highway business. Ms. O'Shca stated that it was her opinion that the B-l Business District would be more compatible to a residential district than thc M-I Industrial District. Mr. Mausser stated that if Mr. Stcw-~rt was planning garage storage, rsaybe the B-1 District would be more applicable. Mr. Schmitt asked if anyone wished to speak regarding this case. D¢lbert Brimeyer, 12721 Seippel Road, appeared before the Board. Mr. Brimeyer stated that he was concerned about the drastic change from K-1 to M-1. Mr. Br{rseyer also stated that he felt zoning was to protect the people against this type of situation. Mr. Brimeyer stated that if a person walked into the field, a person would be able to see the entire arem Mr. Brlmeyer stated that he could see maybe a B- 1 District and going into rental type property, duplexes or something on that order. Mr. Brimc~-¢r also stated that the entire propc~y does not lend itself to being residential because of the lay of the land. Mr. Brimeyer was also concerned about increased track traffic in the area. _Mr. Stackis stated that he felt Mr. Stewart was making some concessions to the neighbors in asking to rezone only half of the property. Mr. Stackis also stated that he felt the B-1 District would not Work because the property is fight next to the railroad tracks and the property on the other side of the railroad tracks is all industrial. Kevin Kotz, 14969 Old Highway Road, appeared before the Board. Mr. Kotz stated that he had spoken to Mr. Stewart and walked along the property. Mr. Kotz stated that he felt Mr. Stewart was meeting the neighbors halfway in requesting to rezone only half of.the property. Mr. Kotz stated that he felt enclosed warehouses. ~o~[~d be a. ,n,n,n,n~ .tu~., fl0w.. the residential area. Mr~ KptZ,_,.stamd tlm~ h~; _w~i~n~...~..Lu~.. ~!~gum potash,: stay residential' and th~'t M_~i StdWart'~i~h't back requesting anotheficha~ a few f~0rh'n~w, lVlr. Kotz stated that he felt Mr. Stewart would be concerned about keeping industrial half tn race shape because he would have an investment in the residential portion as well. Mike Chapman, 12761 Seippel Road, appeared before the Board. Mr. Chapman stated thru: hc agreed with Mr. Brimeyer but that he also feels that Mr. Stewart has met the property owners halfway. Mr. Chapman also stated that he felt this plan would work as long as it was in writing that Mr. Stewart wouldn't sell the industrial portion to someone else who had another plan Ibr the area. JUL-09-02 TUE 09:34~M DBQ ZONING & HmA~TH FAX:563 589 7868 PAGm 5 Mason Cate, 12271 Cottingham Road, appeared before t~he Board. Mr. Cate stated that the property across Cottingham Road was anoexed into the City of Dubuque and was zoned K-1 last fall. Mr. Cate wanted to make sure that the property being proposed to remain R-l, would remain that way, Mr. Cate stated that he doesn't want to see an eyesore and an increase in traffic. Delight Br~mcyer, 12721 Seippcl Road, appem~d before the Board. Mrs. Brimeyer stated that she was concerned about all the possibilities that the M-t zoning presented. Mrs. Brimeycr also st~ed that there is already a lot of traffic on both Old Highway .Road and Seippel Road. Mrs. Brimeyer stated that they would like to see at least some of the property stay residential. Mrs. Brimeyer was also concerned that the berm on the prol~rty would come out in order to get a driveway onto the property. Mrs. Brimeyer also stated that they wo~fld be more comfortable if it was designated what the property could be used for: Mr. Mausser expressed his concern about going with a M-1 conditional rezoning with thc possibility that something could b~ overlooked sometime in the future. Mr_ Mausser stated that he would prefer to see a B- 1 classification instead of the M-1 because the B-1 would put stricter limits as far as how thc area is developed and bc more compatible with the residential zoning. Mr. Schmitt questioned possibly z~ning the property near the railroad tracks M-1. then going into a B-1 and gradually going into residential. Mr. Schmitt stated that putting in a b~rffer to the residential portion had not been discussed either. Mr. Flogel stated that there is very little property accessible to raikoad tracks. Mr. Stewart explained that in order for him to sell lots for housing, he would have to put in some type of buffer to conceal the industrial area. Mr. Stewart also stated that he didn't feel the elevation of the land would work changing the property to three different classificatiCns. Mr. Stackis asked what type of warehausing units Mr. Stewart was planning. Mr. Stewart explained that he planned on a series of several warehouses with a street down the middle. Mr. Stewart stated that the exact pl~n~ haven't been worked out yet. Ms. O'Shea asked if there was a creek ruuning through the property. Mr. Stewart stated that it's a drainage ditch but it's du except when it rains. The drainage ditch would have to be rerouted along the railroad tracks or at either side of the property. Mr. Stewart stated that there is approximately 20 acres on the low elevation by the railroad tracks. Mr. Stewart also stated that his plans for developing the residential lots were that they b.e.~four-i/5'i~e~r~ {n ~i~ and that a~ the time of development he would have. to plant some type of trees to serve as a buffer; JUL-09-02 ~T~ ~ PAGE 6 DBQ ZONING & HEALTH FAX:563 589 7868 Mr. Staclds made the motion to approve approximately 20 acres to M-1 and that the rest of the property remain K-I with the stipulation that when platting and development of the ,esiduntiat a~ea ~g~ ~¢ ~ a buff~ of tre~s or.shmb~ p~t.~ place: Mr. F logel seconded the motion, young: Aye - ~v/r, om~.~a,, · o , · Ms. Krause. No - Mr. Mausser and Ms. Willenborg. Mr. Brimeyer asked about the stipulation that the prope~y be us~ stric~y for warehouse units. Mr. Staelds made the motion to rescind his ?revious moron and bring the cas~ back to the ~ab!e £or further discussion. Mr. Flogel seconded the motion to rescind. Voting: Aye - Mr. Stack,s and Mr. Flog¢l. No - .Mr. Schrnitt, Ms. Reiss~ Ms. Krause ~d Ms. Willenborg. Abstain - Mr. Mausser. ZC#03-11-00 CARL & ~O,MNN WEI1VIERSKIRCi-I A-1 to R-2 Ms. Gavin explained that the applieunts are requesting to rezone from A-I, Agricultural to R-2, Single Family Residential, 4.5 acres, more or less, to allow for three or four lots to be used by family members for single family homes. Tke property, located along Highway 52 South and Weber Road, is described as the SE 'A NW ~A lying south and west o£I-Iighway 52 South, Section 35, (TSgN, R3E), Mosalem Township, Dubuque County, Iowa. .Carl Weimerskirch, 6695 Route 52 South, Bellewae, appeared before the Board and explained the layout of the property and that he wants to divide the parcel into three lots for family members. Mr. Weimarskirch stated that he had spoken to Bruce Crystal at the Iowa DOT office about driveway access. It was decided that the first lot should share the existing driveway aecess offHighway 52 South with the existing lot. Mr. Weimerskirch stated that the tots would be about 1 1/3 acre each. tvlr. Weimarskirch explained that he had also spoken to Mark Cribson at the County Engineer's office about a driveway off Weber Road for the remaining lots and that Mr. Gibson had stated that as long as there was enough site distance there wouldn't be a problem v~Sth the driveway. Mr. Schmitt asked if the land was in a timber. Mr. Weimerskirch slated that the property at one time was an orchard a_nd is on a hillside with a five-de~ee grade. Ms. O'Shea explained the zoning in the adjacent area. Ms. Relss asked if the land was farmed. Mr. Weimerskirch explained that it is timberland and pasture and also has a spring on it. Mr. Schmitt asked if anyone wished to speak regarding this case. PETITION AGAINST THE REZONING OF R-1 SINGLE-FAMILY RESIDENTIAL TO CS COMMERCIAL AND AGAINST ANNEXATION FROM COUNTY M-l(with conditions) TO CITY LIGHT INDUSTRIAL BY WAYNE STEWART, I I PRINT NAME I ADDRESS I DATE I SIGNATURE PETITION AGAINST THE REZONING OF R-'I SINGLE-FAMILY RESIDENTIAL TO CS COMMERCIAL AND AGAINST ANNEXATION FROM COUNTY M-l(with conditions) TO CITY LIGHT INDUSTRIAL BY WAYNE , STEWART, i PRINT NAME ADDRESS I DATE SIGNATURE t I I Old PETITION AGAINST THE REZONING OF R-l SINGLE-FAMILY RESIDENTIAL TO CS COMMERCIAL AND AGAINST ANNEXATION FROM COUNTY M-1 (with conditions) TO CITY LIGHT INDUSTRIAL BY WAYNE STEWART. PRINT NAME ! ADDRESS I DATE I SIGNATURE P~- t ! l iON AGAINST THE REZONING OF R-I SINGLE-FAMILY RESIDENTIAL TO CS COMMERCIAL AND ) AGAINST ANNEJ(ATION FROM COUNTY M-l(with conditions) TO CITY LIGHT INDUSTRIAL BY WAYNE) ! STEWART. I' ! PRINT NAME ADDRESS I DATE SIGNATURE 7-: ~-7 2O 22 23 24 PETITION AGAINST THE REZONING OF R-1 SINGLE-FAMILY RESIDENTIAL TO CS COMMERCIAL AND AGAINST ANNEXATION FROM COUNTY M-l(with conditions) TO CITY LIGHT INDUSTRIAL BY WAYNE STEWART. I PRINT NAME I ADDRESS DATE SIGNATURE 4 ~41 22 [ 24 ~ CERTIFICATION OF PUBLICATION z TAMMY M. FEL Subscribed to before • r