Loading...
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 Tf~C1TYTOFR L V L `~.~~ 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~:' ^1~~~7 Zip: ~ ~~~ Applicant/Agent: ~~ i ~,p ~.o ~--~-i (, I ~l Q~ Phone! ~~~ '"~ (o Address• '~i"v~~ ~~np1 s`/I ~~~ ~Q / `~-Gty: ~_ L~-Q- State: Zip: ~~'~L~' 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): F~~ ~~13 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: o ~±__~___ o ~ o 0 `\\ ----~ P ~/ ~; o l~ PI o l~ F ~ ~ ii'~:.~. ---- ~ _~ r o IJ 4 W o p ~p0 o~ ~ 00 '~ ° 0 4 ~ a ~a 0 (~-1+. ,~~I~'I ^O ~ Q a Hlc LI CS AG Tl-fE CITY OF DUB E Mastel~iece on the Mississippi N 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 q 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 :I 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. ~~cJ 3rjr i -t` ~'t~ ,0 -'i 7~J C- t-'[ t~=~T ~ .i ~--~ ~' I v - 3 ~ v7 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