Rezoning Ehlinger_Kress Industrial Facility_Sieippel Rd
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider, City Clerk Address: City Hall- 50 W. 13 St Telephone: 589-4121
ORDINANCE NO. 53 07
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED NEAR THE SOUTHEAST CORNER OF
SEIPPEL ROAD AND OLD HIGHWAY ROAD FROM R-1 SINGLE-FAMILY
RESIDENTIAL DISTRICT TO CS COMMERCIAL SERVICE DISTRICT WITH
CONDITIONS.
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 District
with conditions, to wit:
Lot 1 of 2 of 2 of the 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 15th day of October, 2007.
Roy D. Buol
Attest
Jeanne F. Schneider, City Clerk
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5 (2005), and as an express condition of rezoning
of the property described as:
Lot 1 of 2 of 2 of the SW-NW Section 31, and to the centerline
of the adjoining public right-of-way, all in the City of Dubuque,
Iowa.
which is the subject of Ordinance No. 5 3 -07, a copy of which is attached hereto and
incorporated herein by reference, the undersigned property owners, agree to the following
conditions, all of which the property owner further agrees are reasonable and are imposed
to satisfy public needs which are caused directly by the rezoning:
A) Conditions
1) That uses 17 -Auto Service Centers, 19 -Auto Repair/Body Shop, 20 -
Truck Sales/Service Repair, 21 -Farm Implements, Sales and Service, 31 -
Freight Transfer Facilities; 32 -Fuel/Ice Dealers and Manufacturing, 33 -
Agricultural Supply Sales, 37 -Engine/Motor Sales, Service and Repair, 38 -
Refrigeration Equipment and Supply, Sales and Service; 40 -Welding
Services; 41 -Animal Hospital/Clinic; and 42 -Kennel, be eliminated from the
list of permitted uses in the CS District.
2) That a 50-foot buffer be provided along the residentially-zoned property line.
3) That a vegetative buffer be provided along the residentially-zoned property line
as per City Landscaping and Screening requirements.
4) That the entire site shall be fenced and secured with a gated entrance.
5) That on-site storm water detention be required.
6) That all vehicle use areas be paved.
7) That the hours of operation be limited from 6:00 a.m. to 10:00 p.m.
8) That any new outdoor lighting fixture shall utilize cut-off luminaries.
B) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate
zoning reclassification proceedings to the District (which rezoning will include the
removal of the performance standards in Section A above) if the property owner
fails to complete any of the conditions or provisions of this Agreement.
C) Modifications. Any modifications of this Agreement shall be considered a zoning
reclassification and shall be subject to the provisions of the Zoning Ordinance
governing zoning reclassifications. All such modifications must be approved by the
City Council of Dubuque, Iowa.
D) Recording. A copy of this Agreement shall be recorded with the Dubuque County
Recorder as a permanent record of the conditions accepted as part of this rezoning
approval within ten (10) days of the adoption of Ordinance No. - 07.
E) Construction. This Agreement shall be construed and interpreted as though it were
part of Appendix A of the Code of Ordinances of the City of Dubuque, also known
as the Zoning Ordinance of the City of Dubuque, Iowa.
F) This Agreement shall be binding upon the undersigned and his/her heirs, successor
and assignees.
ACCEPTANCE OF ORDINANCE NO.53 - 07
I, Toby Kress, Kress Industries, LLC, having read the terms and conditions of
the foregoing Ordinance No. 5 3 -07 and being familiar with the conditions thereof,
hereby accept this same and agree to the conditions required therein.
Dated in Dubuque, Iowa this 15th day of October 2007.
Y
Toby Kress
Kress Industries, LLC
Planning Services Department
City Hall
50 West 13~ Street
Dubuque, IA 52001864
(563) 589-4210 phone
(563) 589-4221 fax
(563) 690-6678 TDD
plannin~CQcityofdubuque.org
THE CITY OF Dubuque
DUB E
Masterpiece on the Mississippi ~'
20Ui
October 9, 2007
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
Applicant: Nicole Ehlinger/Kress Industrial Facility LLC
Location: Seippel Road
Description: To rezone property from R-1 Single-Family Residential District to CS
Commercial 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 spoke in favor of the request reviewing the proposed rezoning and noted
that he wants to establish a mini warehouse business that would be gated, screened
and would provide a 50-foot green space buffer between his business and the existing
residential houses..
Staff reviewed surrounding zoning and land use.
There were several public comments concerning the request regarding allowed uses in
the CS District, storm water problems and the need for screening.
The Zoning Advisory Commission discussed the request, and flt that conditions on the
rezoning were necessary to mitigate the potential negative issues.
Recommendation
By a vote of 7 to 0 the Zoning Advisory Commission recommends that the City Council
approves the request with the following conditions:
1) That uses 17 -Auto Service Centers, 19 -Auto Repair/Body Shop, 20 -
Truck Sales/Service Repair, 21 -Farm Implements, Sales and Service, 31
-Freight Transfer Facilities; 32 -Fuel/Ice Dealers and Manufacturing, 33 -
Agricultural Supply Sales, 37 -Engine/Motor Sales, Service and Repair, 38
-Refrigeration Equipment and Supply, Sales and Service; 40 -Welding
Service People Integrity Responsibility Innovation
The Honorable Mayor and City Council Members
Nicole Ehlinger/Kress Industrial Facility LLC
Page 2
Services; 41 -Animal Hospital/Clinic; and 42 -Kennel, be eliminated from
the list of permitted uses in the CS District.
2) That a 50-foot buffer be provided along the residentially-zoned property
line.
3) That a vegetative buffer be provided along the residentially-zoned property
line as per City Landscaping and Screening requirements.
4) That the entire site shall be fenced and secured with a gated entrance.
5) That on-site storm water detention be required.
6) That all vehicle use areas be paved.
7} That the hours of operation be limited from 6:00 a.m. to 10:00 p.m.
8) That any new outdoor lighting fixture shall utilize cut-off luminaries.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
._
Eugene Bird Jr., Chairperson
Zoning Advisory Commission
F:\USERS\Kmunson\WP1City Council\CC 10_03_07U2ezoning Kress Industrial Facility (Ehlinger) CC ttr 10_03_07.doc
Service People Integrity Responsibility Innovation Teamwork
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PLANNING APPLICATION FORM
^ Variance L'7Rezoning
^Conditional Use Permit ^Pianned District
^Appeal ^Preliminary Plat
^Special Exception ^Minor Fnal Plat
^Limited Setback Waiver ^Text Amendment
Please tXpe or urint legibly in ink
Property owner(s):
Address:
Fax Number:
Cty of Dubuque
Planning Services Department
Dubuque, IA 52001864
Phone: 563-589-4210
Fax: 563-589221
^Simple Site Pian ^Annexation
^Minor Site Plan ^Temporary Use Permit
^ Major Site Plan ^Certificate of Econorruc Non-viability
^ Major Finai Plat ^Certificate of Appropriateness
^Simple Subdivision ^Other:
Mobile/Cellular Num'be~:'
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Fax Number:~t~~ _- ~ ~ ~ ! Mobile/Cellular Number. ~~~ '- ~ 1
Site location/address: <_~~ ~ l~/~ ~-- ~ l~-~ '
Existing zoning: -'` `" ~ Proposed zoning: 1..,` Historic District: _~ l~ Landmark: ~.~
Legal Description (Bidwell parcel ID# or lot number/block number/subdivision):
Total property (lot) area (square. feet or acres): ~ a I 1-T ~~-Q-S
Describe proprsal and reason necessary (attach a letter of explanation, if needed):
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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 an qic materials are attached.
Property Owner( Date: ~ ~'~
ApPlicantJAgent: Date•
~ FOR OFFICE USE O~LY -APPLICATION SUBMITTA4~CF~ECKLIST
Fee ~(g ~ D. Received by: ~ Date: ~ tt ~g~" 4" Docket: o~~
^Site/sketch plan ^Conceptual Development Plan ^Photo ^Improvement plans
^Design review project description ^Floor plan ^Plat ^Other:
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Vicinity Map
Applicant: Nicole Ehlinger/Kress Industrial Facility
LLC
Location: Seippel Road
Description: To rezone property from R-1 Single-
Family Residential District to CS Commercial
Service & Wholesale District.
Legend
~~„_~ City of Dubuque
® Proposed Area to be Rezoned
City Zoning Boundary
Base Map Provided by Dubuque County GIS H:\Planning Services\Vicinity Maps\ZAC Vicinity Maps\Kress Industrial Facility Rezoning 09_11_07
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To Dubuque Zoning Department,
Kress Industrial Facility LLC would like to rezone 7.92 acres on Seippel Road from Rl
to CS commercial zoning, limited to the building and usage of amini-storage. The
property is located directly across the road from the Seippel Road Commercial Park,
which is already zoned CS. We are proposing a 50 foot residential buffer between the
neighboring residential and the proposed CS.
Access to the property will come off of Seippel Road, from existing curb cuts.
Storm water from the project would be directed to the storm water detention area across
the road through a 24" culvert. The detention area is located in the Seippel Commercial
Park. The properties located North and East of the site are Residential. The property to
the South is going to be zoned industrial. We feel this would be an appropriate transition
use for the property.
The property akeady sits 18 feet lower than the surrounding residential homes and will be
located to the rear of the homes, so it should have minimal impact on the neighbors.
The property was zoned Rl for the simple reason that the city involuntarily annexed Mr.
Graff s property into the city. At that time Mr. Graf had no plans for the property, but was
his understanding this needed to be zoned something other than Ag.
~ ( Thank You,
Nicole Ehlinger
ReMax Advantage Realty
~~~ Advantage Realty
4029 Pennsylvania Avenue
Dubuque, Iowa 52002
Office: (563) 588-3078
Fax: (563) 588-1799
Each Office Independently Owned and Operated
REZONING STAFF REPORT
Zoning Agenda: October 3, 2007
Property Address: Seippel Road (south of Old Highway Road)
Property Owner: Kress Industrial Facility LLC
Applicant: Nicole Ehlinger
Proposed Land Use: Commercial Service
Existing Land Use: Agricultural
Proposed Zoning: CS
Existing Zoning: R-1
Adjacent Land Use: North -Residential Adjacent Zoning: North - R-1
East -Residential/Agricultural East - R-1
South -Agricultural South - AG
West -Commercial Service/Vacant West - CS
Former Zoning: 1934 -County; 1975 -County; 1985 - CountyTotal Area: 7.92 acres
Property History: The subject property has been used for agricultural purposes since its
annexation into the City in 2000. Over the last twelve months the property has been
graded and a temporary detention area created.
Physical Characteristics: The subject property lies east of Seippel Road and south of
Old Highway Road. The property abuts existing single-family homes which front on Old
Highway Road. The property has been graded to create a depression that detains
storm water from the site. The property is bermed at the north end and slopes to the
south.
Concurrence with Comprehensive Plan: The Future Land Use map designates the
area as low-density residential. The Comprehensive Plan encourages the creation of
opportunities for conveniently concentrated commercial development to support both
the local and regional market in an effort to revitalize unused or underused property.
The Plan also recommends buffering and protecting incompatible uses from each
other.
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 will be taken from Seippel Road.
The Iowa Department of Transportation 2005 Average Daily Trips indicates 1,520
vehicle trips along Seippel Road just south of the subject property and 4,180 trips
per day along Seippel Road just north of the subject property. Traffic counts for
Rezoning Staff Report -Kress Industrial Facility
Page 2
Old Highway Road were taken approximately 1.5 miles east of subject property and
indicate 3,320 vehicle trips per day. The proposed use should generate very little
additional traffic.
Public Services: The existing public services are adequate to serve the site.
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 &
Wholesale will impact the adjacent properties through increased levels of light,
noise and vehicular traffic. The proposed rezoning places Commercial Service &
Wholesale zoning directly adjacent to single-family residential lots. This may
adversely impact the use and enjoyment of the residential lots, depending on the
type of businesses that locate in the commercial service zoning district.
CIP Investments: None proposed.
Staff Analysis: Kress Industrial Facility LLC is requesting rezoning the subject parcel
from R-1 Single-Family Residential District to CS Commercial Service & Wholesale
District. The subject property is located directly east of Seippel Road's intersection with
Seippel Court and just south of the intersection of Seippel Road and Old Highway
Road.
Attached to this staff report is a copy of the CS Commercial Service & Wholesale
District regulations that list allowed uses.
The subject property is approximately 8 acres in size and has approximately 820 feet of
frontage along Seippel Road. There are two existing drive accesses to the property
from Seippel Road, one at the north end directly adjacent to the single-family residential
property, and one at the south end of the property. This section of Seippel Road was
built to provide direct access from U.S. Highway 20 to the Dubuque Industrial Center
West.
The subject property was annexed into the City in 2000 as part 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, agricultural and
commercial purposes. The property to the north accommodates large lot single-family
residences; the property to the east and south is primarily agricultural land; and the
property to the west is vacant, but zoned and graded for commercial uses.
Rezoning Staff Report -Kress Industrial Facility
Page 3
The Comprehensive Plan indicates that the City of Dubuque property to the south of the
subject property is a holding zone that is proposed to be rezoned for light industrial
uses. The property to the west across Seippel Road recently was rezoned to CS
Commercial Service & Wholesale to accommodate the Seippel Court Commercial Park.
This property was proposed to be rezoned to CS Commercial Service & Wholesale in
September 2005. The Zoning Advisory Commission denied the request by a vote of 4
to 0 stating that it is not appropriate to have some of the commercial uses allowed in
the CS district directly adjacent to residential property. Minutes of the September 2005
ZAC meeting are attached. The current applicant has indicated a willingness to create
a 50 foot buffer between the adjacent residential property to the north and the subject
property and to limit the uses permitted in the CS district.
Staff recommends that the Zoning Advisory Commission review Section 6-1.1 of the
Zoning Ordinance that establishes criteria for the review of rezoning requests.
a
Prepared by: ~~~~'r~-~~..~ ~/~ Reviewed: Date: `r'ZG • 0 7
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F:\USERS1KmunsonlWP\Boards-Commissions\ZAC\Staff Reports\Kress Industrial Facility Rezoning Stf Rpt 09_25_07.doc
Minutes -Zoning Advisory Commission
September 7, 2005
Page 4
The applicant asked that this agenda item be tabled to the October 5, 2005 Zoning
Advisory Commission meeting.
Motion by Bird, seconded by Smith, that this agenda item be placed on the October 5,
2005 Zoning Advisory Commission agenda. Motion carried by the following vote: Aye -
Smith, Hardie, Bird and Stiles; Nay -None.
PUBLIC HEARINGITRI-STATE DEVELOPMENT CO./JAMES 8~ DORIS GRAF
(TABLED): Application of Tri-State Development Co./James & Doris Graf (tabled) to
rezone property located northeast of Seippel Road and Cottingham Road from R-1 Single-
Family Residential District to CS Commercial Service & Wholesale District.
Motion by Bird, seconded by Smith, to bring the matter back to the table. Motion carried by
the following vote: Aye -Smith, Hardie, Bird and Stiles; Nay -None.
Brian Lammers, 12998 English Mill Road, spoke regarding his request to rezone property
to CS Commercial Service and Wholesale District. Mr. Lammers indicated he looked at
rezoning a portion of the property to R-2 to create a buffer between the residences to the
north and the proposed CS property. He said he has studied other zoning classifications
and asked if mini storage might work, with limited access, with no lights or access after
10:00 p.m. and before 6:00 a.m. He indicated he is not interested in zoning part of the
property for residential use.
A representative of the neighbors, Sandy Welch, 7990 Old Highway Road, distributed a
letter in opposition to this rezoning request. Ms. Welch indicated that at the previous
Zoning Advisory Commission meeting, Mr. Lammers indicated he would meet with the
neighbors and discuss a plan for the property he wishes to purchase from Mr. Graf. She
indicated that no meeting took place. Ms. Welch reiterated that the neighbors she
represents believe that zoning laws are in place to enable planned expansion and to
protect residential areas of the City. She said they feel this rezoning would be detrimental
to their properties and they believe that the zoning should remain residential.
Commissioner Hardie indicated that the applicant has not demonstrated any significant
change to his proposal from the last meeting and that he will vote to deny this application.
Commissioner Smith agreed with Commissioner Hardie and stated he will also vote to deny
this application.
Commissioner Bird asked the applicant whether he is willing to work with the neighbors on
alternative zoning solutions. Mr. Lammers indicated that he would work with the neighbors
but that for economic reasons, he felt commercial zoning is best for this development.
Commissioner Bird indicated that the Commission cannot base its decision on economics.
Minutes -Zoning Advisory Commission
September 7, 2005
Page 5
Ms. Welch indicated that the neighbors have met several times with each other and that
they are not willing to accept CS zoning behind their homes.
Commissioners noted that CS zoning is not appropriate next tosingle-family homes and
conditions have not changed in the area to warrant a rezoning.
Motion by Bird, seconded by Hardie, to approve the rezoning request. Motion denied by
the following vote: Aye -None; Nay -Smith, Hardie, Bird and Stiles.
PUBLIC HEARINGI WAYNE KLOSTERMANPI/RIVER VALLEY NURSERY ~
LANDSCAPING INC.: Application of Wayne Klostem~anNRiver Valley Nursery &
Landscaping .Inc. to rezone property located at 2813 Jackson Street from C-1
Neighborhood Commercial District to C-2 Neighbofiood Shopping Center District.
The applicant asked that this agenda item be tabled to the October 5, 2005 Zoning
Advisory Commission meeting.
Motion by Bird, seconded by Smith, that this agenda item be placed on the October 5,
2005 Zoning Advisory Commission agenda. Motion carried by the following vote: Aye -
Smith, Hardie, Bird and Stiles; Nay -None.
ITEMS FROM COMMISSION: Commissioner Hardie asked staff to include an article from
the Des Moines Register regarding Echo Housing in the Zoning Advisory Commission
packet for October. He also indicated he is not able to attend the October meeting.
ADJOURNMENT: The meeting adjourned at 7:41 p.m.
Respectfully submitted,
K e L. Kritz, ociate Planner Adopted
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 density 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/dental lab-[8].
(4) Personal services-[14].
(5) Off-street parking lot-[N/A].
(6) Furniture/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) FueUice 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-[29].
(41) Animal hospitaUclinic-[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 ~aze permitted in the CS District, subject to
the provisions of Section 5 of this Ordinance and aze 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.
(I~ Signs. See Section 4-3 of this Ordinance.
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10/3/07 Zoning Advisory Committee Meeting
Kress Rezoning 4
• In 1999, Mr. Kress's land was rezoned from Agricultural to R-1. The Zoning Advisory
Committee stated nt that time: "to rezone recently annexed property from AG Agricultural
District to R-1 Single Family, Residential District (comparable to the neighborhood
surrounding said property)."
• Our concern for the request to rezone Mr. Kress's property from R-1 to CS is that it opens
a Pnndoras Box to anyone else in the area that wants to rezone his/her property from R-1
to C5. In light of this proposed change for Mr. Kress's property to CS any further rezoning
may require sanitary and storm sewer access which is not easily accessible.
• Our neighborhood area has existed for more than 33 years. Our concern is the loss of
property value, and once again opening this up to others who want to consider rezoning from
R-1 or R-2 to CS is a great concern.
• ~ As the spokesperson for the neighborhood group, I wish to voice a fundamental concern. If
Mr. Kress's Innd is rezoned C5, that opens up 62 permitted occupants as described by the
CS zoning guidelines. We are definitely opposed to other alternatives. We would like it in
writing, as a guarantee, that only the proposed mini storage units will be built on the said
property.
We feel that the rezoning request is a back door approach. Rather than meeting with the
neighbors to discuss his use of the land, he excavated the land and is now asking for
rezoning.
Mr. Kress did present a proposal for the mini storage units to the neighbors last week with
the belief that this land will never be occupied by homes. Mr. Kress also indicated that he
would work with the neighbors to honor their requests regarding his current plans. Mr.
Kress needs to provide a plan on how he is going to address the serious water problem that
exists due to the excavation. In his letter given to the neighbors at his presentation, it was
noted that he would direct the storm water under Seipple Road through a 24" culvert to a
detention urea, that does exist on the his land, on the west side of Seipple Road. Storm
water run off from this property is running into a detention Wren adding additional water
run off will create a drainage problem for the Jnck and Dianne Brehm property. Mr. Kress
told of another plan indicating that he would direct the storm water run off to the south
east corner of his property to a detention area, which will run into a ravine boarding city
property. When asked about his last proposal, I understood Mr. Kress to say that the city
would hove to work around the water run off area in the southeast corner. This water run
off may also find its way into a farm pond on the Leo Costello land that borders Mr. Kress's
property. Is this legal? Any buildings that are constructed on this property without proper
drainage and tiling will be non accessible for weeks due to standing water after a heavy
rainfalls.
• Mr. Kress needs to provide a plan of what type of mini storage units he will put up. Will they
be all wood, wood and steel, or another combination of building materials? It is very unclear,
just from the picture that was presented to the neighbors, regarding the specific kind of
mini units designed to be built.
• We are asking the Zoning Advisory Committee to deny the rezoning of Mr. Kress's land
from R-1 to CS for the building of Mini-Storage units until Mr. Kress can present a plan to
the-Zoning Advisory Committee, drawn up by an engineering firm to address the storm
water run off so as not to interfere with city or neighboring land owners' property. Mr.
- - - _ Kress_needs to_provide_ definite plans to_ the Zoning Advisory Committee regarding the type _
of structures that will be built. We ask that a final decision not be made until the neighbors
have an opportunity to communicate our reasonable requests to Mr. Kress as to some of his
intents, to make sure his project will be in compliance with the city and neighborhood, and
have it in writing and filed. This will include such things as berms, landscaping, fencing of
the area, etc. This was a suggestion by Mr. Kress.
• We feel that Mr. Kress is pushing to get his property rezoned very rapidly for whatever
reason reasons). We feel that if the zoning request is granted at this time, there are just
too many unknowns and unsolved concerns .
The following neighbors support our request and whose land borders Mr. Kress's property
that he wants rezoned:
Leo Costello 14806 Old Highway Rd.
Don & Margaret Delaney 14960 Old Highway Road
Bob ~ Virginia Siegert 14928 Old Highway Road
Rod & Diane Mozena 14862 Old Highway Road
Sandi ~C Patrick Welsh 7990 Old Highway Road
Neighbors that are in support of this request:
Diane Brehm 12458 Cottingham Road
Kevin do Janell Kotz 14957 Old Highway Road
Don ~ Carol Martin 14758 Old Highway Road
Joe & Jane Boge 15079 Old Highway Road
Tom Vantiger 15085 Old Highway Road
Delbert Brimeyer 12713 Seippel Road
Linda Chapman 12733 Seippel Road
Joe & Enid Wysocki 14946 Old Highway Road