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Zoning Seippel/Cottingham James Graf () ~~ rk't:.~a I .. ".~ ~ ~ ~ C.OMVA.NY TRI-STATE DEVELOPMENT COMPANY 12998 English Mill Road Dubuque Iowa 52003 Ph. 563-557-3820 Fax 563-583-8334 September 13, 2005 To Mayor Duggan and City Council I respectfully ask that you table my rezoning change request for property located on Seipple Road. The reason I am requesting this is because I would like time to meet with the neighbors near this property. I am hopeful we can address their concerns and come up with a resolve before the Council votes on this matter. If addition information is needed I can be reached at 563-599-3388 for questions. r~--" ~.. ) Brian Lammers/ Tri-State Development Co. r~' ': ,"" ,,-~ ~"-',. THE CITY OF l~~~ DLJB1:jQuE ~~~ Planning Services Department City Hall 50 West 13th Street Dubuque, Iowa 52001-4864 (563) 589-4210 office (563) 589-4221 fax (563) 690-6678 TDD planning@cityofdubuque.org www.cityofdubuque.org r - " ..; September 9,2005 The Honorable Mayor and City Council Members City of Dubuque City Hall- 50 W. 13th Street Dubuque IA 52001 Applicant: Location: Description: Tri-State Development Co.lJames & Doris Graf Northeast of Seippel Road and Cottingham Road To rezone property from R-1 Single-Family Residential District to CS Commercial Service & 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. The Commission has held two public hearings on this request. August 3rd Public Hearing The applicant spoke in favor of the request for CS zoning across Seippel Road from his existing CS zoned property. A number of residents spoke in opposition, citing concerns with impact of commercial development on the value of residential property, traffic, and buffering commercial uses from residential uses. Staff outlined the staff report, noting surrounding land use and zoning. The Zoning Advisory Commission discussed their concerns wit the request. They asked the applicant if he would be willing to table the request and discuss provision of a buffer with his partners and the neighbors. The applicant agreed to do this. September 7th Public Hearing The applicant spoke in favor of the request, reviewing the proposed rezoning and noting that surrounding property includes both residences and land currently owned by the City of Dubuque that will be used for industrial development in the future. In response to the Commission's suggestion at the August meeting that he investigate creating a buffer between the single-family homes to the north and his property, the applicant indicated that rezoning an area to multi-family residential is not practical. The applicant stated that Seippel Road is and will be a commercial street and residential property fronting that street will not be marketable. Service People Integrity Responsibility Innovation Teamwork Tri-State Development Co.lJames & Doris Graf September 9, 2005 Page 2 Staff reviewed the surrounding zoning and land use and confirmed that the City-owned property to the south was purchased to accommodate future industrial growth. A representative of the neighbors presented the attached letter in opposition, and noted that the applicant had not met with the neighbors. She reiterated that the neighbors believe CS zoning would be detrimental to their properties. The Zoning Advisory Commission discussed the request, noting that the CS zoning is not appropriate next to single-family homes and conditions have not changed in the area to warrant a rezoning. Recommendation By a vote of 4 to 0, the Zoning Advisory Commission recommends that the City Council deny the request. A super majority vote is needed for the City Council to approve the request. A simple majority vote is needed to concur with the denial. Respectfully submitted, )' /1--1- t', , ',' ~.tc \_ ',<-i (, , . "'-.:,..,... 1 ~ I )' Jeff Stiles, Chairperson Zoning Advisory Commission Attachments ~~~E ~~~ Oty of Dubuque Planning Services Department Dubuque, IA 52001-4864 Phone: 563-589-4210 Fax: 563-589-4221 PLANNING APPLICATION FORM o Variance o Conditional Use Permit DAppeal DSpecial Exception DLimited Setback Waiver ~ezoning DPlanned District OPreliminary Plat OMinor Final Plat OText Amendment DSimple Site Plan DMinor Site Plan o Major Site Plan o Major Final Plat DSimple Subdivision DAnnexation DTemporary Use Permit DCertificate of Economic Non-Viability DCertificate of Appropriateness DOther: Please tyoe or Drint leaiblv in ink Property owner(s): ~tfltS J .l. D,f<:fS 1r~6f.ltf Address: 1S'/)7 s J.}r",~t ~Aoty: OL!1'1/9I/L Phone: .51] - .S'S! -tltlcf / State:~Zip: StyOtJ.;l Fax Number: Mobile/Cellular Number: Applicant/Agerit: 'fIt ~ (+~(L DlV.u/b'f tt1 ~v1.f fp Phone: ~(J ~-fS7- J gC}O Address: J') 41~ fL/'1 t. (h HJJL1..L a~: j)/J Iv fVL State: .1dL Zip: S'd tl/l3 Fax Number: S-t 3 .-!{81 - /3 3 Y Mobile/Cellular Number: S I J- s? 7- 33 j'? Site location/address: Si1{fJLI ~l P,/ol dI- J {J J 1/ ~ .'1fJ I 0 Existing zoning: ---.fLJ _ Proposed zoning: C S Historic District: Landmark: Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): L uT J -;).- J ,5 iot/ Aht/ S aL "3 J . Total property (lot) area (square feet or acres): '7. 1 J ~(R. {.r Describe proposal and reason necessary (attach a Jetter of explanation, if needed): ~1LG'/!J CERTIFICATION: I/we, the undersigned, do hereby certify that: 1. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record; 2. Fees are not refundable and payment does not guarantee approval; and 3. All additional required written and graphic materials are attached. Pro~rty owne~s)~~ ~4 q. U Applicant/Agent:" ." /. . ~, # Date: Date: ~- 7 .-as" l-t~~~J FOR OFFICE USE ONLY - APP~TION SUBMITTAL CHECKUST Fee:;tb.Go.OOReceiVed bY:"j:Z ;( ~ - Date: b' /.r.t:>SDocket: DSite/sketch plan 0 Conceptual Development Plan o Photo o Plat Dlmprovement plans DDesign review project description DFloor plan o Other: ~1 ~ r <:{z ""'- o () c. m :E ~ -- +"" C Q) E 0. o Q) > Q) o Q)'- +""as as L- +""e!) '1 en .C .C .....0 . . 0 E~ as en o .- Q) o.E 0. as <(...., s:: -- (J -- > ~~ o %\>C6\\ ~~ ~~ 0 ~o G ~ ~l I - > ~ :~ ,1 o ~ 4: (.) en ? o ro ::i ? 0-' "0 as o 0:: Q) 0. 0. Q) C/) '- 0"0 +""as en 0 mo:: J::.E 1::: as OJ::. Zo> C ct: o 0 ;() as 0"0 o C ....Jas N 0:: +"" E.o o~ L- en '- .- >.0 1:::- Q) as c.; ~ o C Q) CiQ)o "0._ Q).W ~ CQ)Q) OO::C/) N . Q) >. - +oJ L- == as 0 o E.o ~ L-asL-en r- lL. Q) .- .. 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';.J~ ~ '."~'. . . . . ........ ...... .......... ........ ...... .......... ........ ...... .......... :::::::: :::::: :::::::::: :::::::: :::::: :::::::::: ......." ...... .......... :::::::: :::::: :::::::::: ........ ...... .......... ........ ...... .......... ........ ...... .......... ........ ...... .......... ........ ...... ........ rJ) (.) _'r:~~..........- I I t j '1 l ~ ~ f i ~ I 1 ~ ~ 1. ,,~ :t " t I , l ;1 ~...,-"--:.... ::i ~ as "0 C :J o m 0> C C o N en :!: E ....J >. :!: () i ~ j 1 , '1 1 C> <( -4o-_~~ ~~ TRI-STATE DEVELOPMENT COMPANY 12998 English Mill Road Dubuque Iowa 52003 Ph. 563-557-3820 Fax 563-583-8334 To Zoning Department; Tri-State Development Company would like to rezone 7.92 acres of ground on Seippel Road from Rl to CS commercial. The property is located directly across Seippel road from property we already own which is zoned CS. Access to the property will be from Seippel road from existing curb cuts. Storm water from this project would be directed to our storm water detention area across road through a 24" culvert. The property to the North and East of site is residential and the property to the South is zoned industrial so we feel this would be an appropriate transition use for the property. Also the property will sit lower than the surrounding residential houses and will also be located to the rear so it should have minimal impact on neighbors. The property was zoned Rl for the simple reason the city involuntar- ily annexed Mr. Grafs ground into city and at that time Jim had no plans for property but was under the understanding it needed to be zoned something other than ago If you have futhure questions feel free to call me at 563-599-3388 ~; -- Brian Lammers/Tri-State Development REZONING STAFF REPORT Zoning Agenda: August 3, 2005 Property Address: Northeast of Seippel Road and Cunningham Road Property Owner: James J. & Doris A. Graf Applicant: Tri-State Development Company Proposed Land Use: Commercial Proposed Zoning: CS Existing Land Use: Agricultural Existing Zoning: R-1 Adjacent Land Use: North - Residential East - Residential South - Agricultural West - Vacant Adjacent Zoning: North - R-1 East - R-1 South - AG West - CS Former Zoning: 1934 -County 1975 - County 1985 - County Total Area: 7.92 acres Property History: The subject property has been used for agricultural purposes since its annexation to the City in 2000. Physical Characteristics: The subject property lies east of Seippel Road and south of Old Highway Road. The property abuts existing single-family homes that front on Old Highway Road. Concurrence with Comprehensive Plan: The land use map of the Comprehensive Plan designates the area for rural density residential. This request implements the Comprehensive Plan's Land Use Goals: 1.5, 1.8, 2.2, 3.1, 3.2, 3.4, 6.1, and 7.2. Impact of Request on: Utilities: The subject property can be served by City water; however, sanitary sewer is approximately one mile away from the property and City Engineering is reviewing options for extending sanitary sewer service to this area. Traffic Patterns/Counts: Access to the property would be from Seippel Road. There are no traffic counts available for this section of Seippel Road at this time. Old Highway Road carries approximately 2,400 vehicle trips per day based on 2001 IDOT counts. Public Services: Existing public services are adequate to serve the site. Rezoning Staff Report - Northeast of Seippel Road and Cunningham Road Page 2 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: Rezoning the subject parcel to Commercial Service will impact adjacent properties through increased levels of light and noise. The proposed rezoning does place Commercial Service zoning adjacent to single-family residential lots, which may adversely impact the use and enjoyment of those residential lots, depending on the type of businesses that locate in the commercial Service zoning district. CIP Investments: None proposed. Staff Analysis: Tri-State Development Company is requesting rezoning of the subject parcel from R-1 Single-Family Residential District to CS Commercial Service and Wholesale District. The subject property is located northeast of the intersection of Seippel Road and Cottingham Road. Attached to this staff report is a copy of the CS Commercial Service and Wholesale District that lists allowed uses. The subject property is approximately eight acres in size and has frontage on Seippel Road. This section of Seippel Road was built to provide access from US Highway 20 to the Dubuque Industrial Center West. Access to the subject parcel would be from Seippel Road. The subject property was annexed into the City in 2000 as of a 1,000 acre annexation along U.S. Highway 20 to bring the Dubuque Metropolitan Area Landfill into the corporate limits of the City of Dubuque. The surrounding property is used for a mixture of residential and agricultural purposes. The property to the north is primarily within Dubuque County and is zoned residential. There are existing single-family homes that abut the property to the north. The property to the south is owned by the City of Dubuque and is currently zoned Agricultural. This property is intended to be developed for industrial businesses in the future. The property to the west across Seippel Road is owned by the applicant, and is currently zoned CS Commercial Service and Wholesale District. The applicant will begin construction of a new street and utilities to serve the development in the near future. Planning staff recommends that the Zoning Advisory Commission review Section 6-1.1 of the Zoning Ordinance that specifies criteria for the review of rezoning requests. Prepared by: !fit !- Reviewed: AI/A Date: 7-Z("-oS- Minutes - Zoning Advisory Commission August 3, 2005 Page 3 property remain single-family unless there is a plan that neighbors could review. Mr. Sullivan said that he had discussed improving the alley with City Engineering, and they stated it would require creating a subsurface covered with pavement. He said he may consider taking access off of Peru Road or the alley. He said he did not feel it was possible to put three duplexes, one on each lot, on his property because the lots were only 50 feet wide. Staff Member Hemenway reviewed the staff report, noting the size and shape of the three subject lots. He discussed the setback, stating that they are the same as within an R-1 District. He discussed the variance that was approved for this property, stating that if the property were to be resubdivided or if duplexes were to be built on the lot, the special exception would no longer be valid. He reviewed the surrounding zoning and land use. Commissioners reviewed the surrounding zoning and land use and the status of the unimproved streets and alley. The Commission felt that three duplexes may be too dense a residential development for this location. Commissioners discussed various development scenarios and residential configurations, and asked Mr. Sullivan if he would be willing to table his request and resubmit a plan showing where the duplex or duplexes would be located. Mr. Sullivan agreed to work with City staff to develop a plan and resubmit the information to the Commission for their review. Motion by Smith, seconded by Bird, to table the rezoning request to the next regular meeting. Motion carried by the following vote: Aye - Smith, Hardie, Christ, Bird, Schiltz, Roush and Stiles; Nay - None. PUBLIC HEARING\REZONING: Application of Tri-State Development Co.lJames & Doris Grafto rezone property located northeast of Seippel Road and Cottingham Road from R-1 Single-Family Residential District to CS Commercial Service & Wholesale District. Brian Lammers, 12998 English Mill Road, said that he would like to rezone the property across Seippel Road from his existing commercial service development. He said that the subject property is not conducive to residential development. He said that he will pipe storm water across Seippel Road to his existing detention basin, and that he will screen the commercial property from the adjacent residential development. He stated that it will take at least one year or longer to develop the property. Don Delaney, 14960 Old Highway Road, said that he lives in what is currently a residential area, and he would like it to remain residential in character. He stated that commercial development so close to his property will impact the value of his property and his quality of life. He said that he felt that the proximity of the access to the subject property from the intersection at Old Highway and Seippel Roads will be a problem. Minutes - Zoning Advisory Commission August 3,2005 Page 4 Edith Wysocky, 14946 Old Highway Road, read an article to the Commission regarding urban sprawl. She stated that the subject property is a beautiful corn field and she would like it to remain so. Sandy Welch, 7990 Old Highway Road, said that she lives on the corner of Seippel and Old Highway Roads. She said she has concerns with traffic safety at the intersection. She stated that residential development behind her property is more appropriate. James Graf stated that he is a property owner in the area since 1971. He stated that the commercial service zone will serve as a buffer between the City's heavy industrial in the industrial park and the residential. Margaret Delaney 14960 Old Highway Road, stated that she felt that the industrial areas to the north and south should remain and that the subject property should remain as a residential green space buffer. Brian Lammers said that the proposed access intersection to his property would be 400 feet from the corner of Old Highway and Seippel Roads. He said that he has only owned the property across Seippel Road for 18 months and has been working to develop and market it. He stated that he is working closely with the City to get an approved plan in place for access, street configurations, utility extensions, and storm water runoff. Commissioner Bird discussed the original CS zoning and the provision of a residential buffer. Brian Lammers said that he would have to discuss any buffer zone with his partners. Staff Member Kritz outlined the staff report. He said that the property in question was part of the 1,000 acre Highway 20 annexation undertaken in 2000. He discussed the surrounding land use and zoning. He said that the City has extended water to the property. However, it is working to provide sewer which is approximately one mile away. Chairperson Stiles said that he felt it would be possible for the applicant to provide a buffer between his property and the adjacent residential development. Commissioner Hardie said he was opposed to the rezoning without provision of a buffer. He stated that the applicant has not demonstrated the reason to rezone the property. Commissioner Smith agreed. Commissioners and Mr. Lammers discussed the buffer configuration and feasibility for the property. Commissioner Schiltz said that he was concerned that the buffer required will be difficult to market as residential development. Commissioners asked the applicant if he would be willing to table his request and discuss provision of a buffer with his partners and the neighbors. Mr. Lammers stated he would be willing to do this. Motion by Christ, seconded by Bird, to table the request to the next regular meeting. Motion carried by the following vote: Aye - Smith, Hardie, Christ, Bird, Schiltz, Roush and Stiles; Nay - None. Prepared by: Laura Carstens. City Planner Address: 50 W. 13th St.. City Hall Telephone: 589-4210 ORDINANCE NO. -05 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED NORTHEAST OF SEIPPEL ROAD AND COTTINGHAM 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 1 of 2 of 2 SW % NW % Section 31, 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 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk SECTION 3. DISTRICT REGULATIONS 3-3. Commercial District. 3-3.6 CS Commercial Service and Wholesale District. (A) General purpose 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 truck 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 densjty residential development. (B) Principal permitted 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/dentallab-[8]. (4) Personal services-[ 14]. (5) Off-street parking lot-[N/A]. (6) Fumiture/home furnishing-[27]. (7) Appliance sales and service-[27]. (8) Furniture upholstery/repair-[ 18]. (9) Business services-[29]. (10) Office supply-[19]. (11) Vending/game machines sales and service-[19]. (12) Mail-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-[35]. (20) Truck sales/service repair-[39]. (21) Farm implements sales and service-[39]. (22) Auto parts/supply-[17]. (23) Mobile home sales-[ 40]. (24) Motorcycle sales and service-[41]. (25) Boat sales and service-[40]. (26) Recreational vehicles sales and service-[38]. (27) Vehicle rental-[ 47]. (28) Upholstery shop-[42]. (29) Contractor shop/yard-[33]. (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 pattem-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-[29]. (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) (E) Temporary uses. The following uses shall be permitted as temporary uses in the CS District: (1) (Reserved) (F) Bulk regulations. 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) Parking requirements. See Section 4-2 of this Ordinance. (H) Signs. See Section 4-3 of this Ordinance. 1 Introduction of those present: (They introduce themselves). Rodney and Diane Mozena,14862 Old Highway Road Robert and Virginia Siegert 1428 Old Highway Road Joe and Enid Wysocki 14946 Old Highway Road Donald and Margaret Delaney 14960 Old Highway Road Pat and Sandy Welsh 7990 Old Highway Road Kevin and Janell Kotz 14969 Old Highway Road Ernst and Julie Scharringhausen 14732 Old Highway Road Don and Carol Martin 14758 Old Highway Road Mason and Florine Cate 12271 Seippel Road At the last meeting, Mr. Lammers indicated that he would come back with a plan for the acreage that he wants to purchase from Mr. Graf and share it with the neighbors bordering Mr. Grat's property. This was not done. We received the recent meeting notice indicating Mr. Lammers wants to pursue the purchase of the'Jand for CS Commercial use. As concerned neighbors, we convened, discussed various concerns, and set forth some parameters: . Originally, Mr. Grat's land was in the county and zoned AG Agricultural. In November of 1999, a public hearing notice was sent out to the surrounding neighborhood informing them of a proposed zoning change to Mr. Grat's land. The proposal at that time stated: -to rezone recently annexed property from AG Agricultural District to R-1 Single Family, Residential District (comparable to the neighborhood surrounding said property.) Prior to the meeting, Mr. Graf pulled his request for rezoning. As the city expanded the Seipple Road extension, Mr. Grat's land was zoned R-1 Residential from Agricultural. · Perhaps the city had foresight rezoning Mr. Grat's land from Agricultural to R-1 Residential. In the - State of the City Report for 2005", the city's population has decreased 4836 residents from 1980. There is no place to expand in the city. Farm land is being purchased by developers, and subdivisions are being created in the county. · R-1 Single family Residential is a correct zoning for this property, and we believe that it should stay R-1. There are homes on the east, west and north of this property, which are zoned R-1. With three sides of the property zoned R-1, CS Commercial would not be a logical zoning for Mr. Grat's property. Actually, there is a large segment of residential property, extending from Cousins Road to Seipple Road which has been residential for 30+ years. In reality, R-1 extends from the intersection of Hwy. 20 and Old Highway Road to Seipple Road, most of which is R- 1. · Mr. Grat's selling his land as CS Commercial will increase his land profit, but will devalue land owners' property that border Mr. Grat's land. · Zoning laws were established to have an orderly planned expansion of a given area. Also, it was intended to keep business adventures from harming established residential areas. Is this · Spot Zoning?" At the present time, Mr. Lammers has 16.16 acres of land zoned CS Commercial across from Mr. Graf's Property. Also, included in Mr. Lammers property is about 5 acres that is zoned R-l Residential, (This is directly across from Mr. Graf's land.) as well as several acres zoned Light Industrial. · Rezoning of Mr. Graf's property to CS Commercial would be detrimental to the established homeowners bordering this land. This land was rezoned from A-1 Agricultural to R-l Single Family Residential less than five years ago, and we believe the Zoning Advisory Commission should leave this land as is. · We ask that the Zoning Advisory Commission strongly consider keeping our area residential and let us continue to enjoy the wonderful environment we have all worked so hard to maintain. It is good for the city. Thank you. 1 Introduction of those present: (They introduce themselves). Rodney and Diane Mozena,14862 Old Highway Road Robert and Virginia Siegert 1428 Old Highway Road Joe and Enid Wysocki 14946 Old Highway Road Donald and Margaret Delaney 14960 Old Highway Road Pat and Sandy Welsh 7990 Old Highway Road Kevin and Janel! Kotz 14969 Old Highway Road Ernst and Julie Scharringhausen 14732 Old Highway Road Don and Carol Martin 14758 Old Highway Road Mason and Florine Cate 12271 Seippel Road C") At the last meeting, Mr. Lammers indicated that he would come back with a plan for the acreage that he wants to purchase from Mr. Graf and share it with the neighbors bordering Mr. Grat's property. This was not done. We received the recent meeting notice indicating Mr. Lammers wants to pursue the purchase of the land for CS Commercial use. As concerned neighbors, we convened, discussed various concerns, and set forth some parameters: . Originally, Mr. Grat's land was in the county and zoned AG Agricultural. In November of 1999, a public hearing notice was sent out to the surrounding neighborhood informing them of a proposed zoning change to Mr. Grat's land. The proposal at that time stated: -to rezone recently annexed property from AG Agricultural District to R-1 Single Family, Residential District (comparable to the neighborhood surrounding said property.) Prior to the meeting, Mr. Graf pulled his request for rezoning. As the city expanded the Seipple Road extension, Mr. Grat's land was zoned R-1 Residential from Agricultural. · Perhaps the city had foresight rezoning Mr. Grat's land from Agricultural to R-1 Residential. In the - State of the City Report for 2005", the city's population has decreased 4836 residents from 1980. There is no place to expand in the city. Farm land is being purchased by developers, and subdivisions are being created in the county. · R-1 Single family Residential is a correct zoning for this property, and we believe that it should stay R-1. There are homes on the east, west and north of this property, which are zoned R-1. With three sides of the property zoned R-1, CS Commercial would not be a logical zoning for Mr. Grat's property. Actually, there is a large segment of residential property, extending from Cousins Road to Seipp Ie Road which has been residential for 30+ years. In reality, R-1 extends from the intersection of Hwy. 20 and Old Highway Road to Seipp Ie Road, most of which is R- 1. · Mr. Grat's selling his land as CS Commercial will increase his land profit, but will devalue land owners' property that border Mr. Grat's land. · Zoning laws were established to have an orderly planned expansion of a given area. Also, it was intended to keep business adventures from harming established residential areas. Is this "Spot Zoning?" At the present time, Mr. Lammers has 16.16 acres of land zoned CS Commercial across from Mr. Grat's Property. Also, included in Mr. Lammers property is about 5 acres that is zoned R-l Residential, (This is directly across from Mr. Grat's land.) as well as several acres zoned Light Industrial. . Rezoning of Mr. Graf's property to CS Commercial would be detrimental to the established homeowners bordering this land. This land was rezoned from A-I Agricultural to R-l Single Family Residential less than five years ago, and we believe the Zoning Advisory Commission should leave this land as is. . We ask that the Zoning Advisory Commission strongly consider keeping our area residential and let us continue to enjoy the wonderful environment we have all worked so hard to maintain. It is good for the city. ~Margaret & Donald Delaney 14960 Old Highway Road Dubuque IA 52002 583 0347 ,- ,i., 16.16 acres of land zoned CS Commercial across from Mr. Graf's Property. Also, included in Mr. Lammers property is about 5 acres that is zoned R-l Residential, (This is directly across from Mr. Grat's land.) as well as several acres zoned Light Industrial. . Rezoning of Mr. Graf's property to CS Commercial would be detrimental to the established homeowners bordering this land. This land was rezoned from A-I Agricultural to R-l Single Family Res'idential less than five years ago, and we believe the Zoning Advisory Commission should leave this land as is. . We ask that the Zoning Advisory Commission strongly consider keeping our area residential and let us continue to enjoy the wonderful environment we have all worked so hard to maintain. It is good for the city. Thank you. (;\ f}) ~ UvMfiI \U ~~ /H ~ 6 tJ (J ~wf\NJ. D~.A>>J 5-11 ~-g; 3- 03 Ji-r Q i_.~j en c..... {"'J -'1.') '-r~ .1~." C" ) ,TI (]',? , Ct ;-,. J.' ..' \",0 . ,J"", I::',) .' . --h ._-<.., r-'~~ ((1 I~::) " '~ III (] 4".-1''- :':l:~ '--..... 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