Lot 1 and Lot 2 will use an existing shared 30 wide access easement off of McCarthy Road.

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1 Dubuque County Zoning Commission Minutes of February 20, 2018 Chairperson Jerry Sigwarth called the meeting to order at 6 p.m. 1. ROLL CALL: Members present: Mary Klostermann, Kevin Soppe, Jerry Sigwarth and Cathy Caitlin. Members absent: John Goodmann, Leo Gansen & Sam Boyes. Staff Present: Anna O Shea & Tammy Henry. 2. APPROVAL OF MINUTES: A motion was made by Ms. Caitlin, seconded by Ms. Klostermann and passed unanimously to approve the minutes of the January 16, 2018 meeting. Vote: PLAT APPROVAL: a) Plat of Survey of Ryan Acres-Final Plat Plat of Survey of Lot 1 and Lot 2 of Ryan Acres a division of McDonald Acres Section 33, (T87N-R1E) Prairie Creek Township, Dubuque County, Iowa. The property is owned by American Trust & Savings Bank and TC Ryan Farms LLC and is located 0.96 miles south of the City of Bernard along McCarthy Road with a total of acres surveyed. The property is zoned A-1, Agricultural. The purpose of the plat is to separate the home and buildings with acres to sell to the son Patrick Ryan. The survey creates 2 Lots. Lot 1 has a total of acres surveyed with a home and farm buildings and will be sold to Patrick. Lot 2 has a total of acres surveyed and it will remain in current agricultural use owned by TC Ryan Farms LLC. Lot 1 and Lot 2 will use an existing shared 30 wide access easement off of McCarthy Road. Speaking to the Board was Mike Weber, Surveyor, th Ave, Bernard. He said that the property is solely owned by TC Ryan Farms LLC. A motion was made by Ms. Caitlin, seconded by Ms. Klostermann to approve the plat. b) Plat of Survey of Knockel Farm Subdivision-Final Plat Plat of Survey of Lots 1 thru 3 of Knockel Farm Subdivision comprised of the NE ¼ of the SW ¼ and Lot 1 of the SE ¼ of the SW ¼ all in Section 31, (T88N-R4E) Mosalem Township, Dubuque County, Iowa. The property is owned by Donald & Nancy Knockel and is located 7.86 miles southeast of the City of Dubuque along St Catherine Road with a total of acres surveyed. The property is zoned A-1, Agricultural and R-2, Single Family Residential. The purpose of the plat is to allow for the owner to build an accessible home on a 1.5 acre lot, and a second lot with 1.95 acres would be for the daughter to build a home in the future. 1

2 The survey creates 3 Lots. Lot 1 has a total of 1.55 acres surveyed and will be the site for Donald & Nancy to build a new home. Lot 2 has a total of acres surveyed with a home and farm buildings on it, and will be sold to a granddaughter in the future. Lot 3 has a total of acres surveyed and it will be the site for a future home for the daughter. Lot 1 and Lot 3 will use approved residential accesses off of St Catherine Road Entrance Permit# Lot 2 will use an existing residential access off of St Catherine Road. Speaking to the Board was Dave Schneider, Schneider Land Surveying, st St N, Farley. He said the property was rezoned a last month. The plat is the next step to separate the lot. A motion was made by Mr. Soppe, seconded by Ms. Klostermann to approve the plat. c) Plat of Survey of Stocks Farm Subdivision- Final Plat Plat of Survey of Lot 1 and Lot 2 of Stocks Farm Subdivision comprised of Lot 1 of the NW ¼ of the SE ¼ Section 13, (T88N-R1W) Taylor Township, Dubuque County, Iowa. The property is owned by Margaret Stocks and is located 0.70 miles southeast of the City of Epworth along Lone Pine Road with a total of acres surveyed. The property is zoned A-1, Agricultural. The purpose of the plat is to separate the farm buildings from the cropland to allow for the sale of the property to Demmer Family Farm LLC and Ryan Demmer. The survey creates 2 Lots. Lot 1 has a total of acres surveyed and will be placed in the Demmer Family Farm LLC. Lot 2 has a total of acres surveyed and will be sold with the connecting farmland to Ryan Demmer. Lot 1 and Lot 2 will share a 40 wide access easement off of Lone Pine Road. Speaking to the Board was Dave Schneider, Schneider Land Surveying, st St N, Farley and Wayne Demmer, 9018 Lone Pine Rd, Epworth. Mr. Schneider said that Wayne Demmer and his son currently rent the ground. They are now going to purchase the property. Mr. Demmer said the farm will be owned by an LLC for estate purposes. A motion was made by Ms. Klostermann, seconded by Ms. Caitlin to approve the plat. d) Plat of Survey of Mark Urbain Acres-Final Plat Plat of Survey of Lot 1 and Lot 2 of Mark Urbain Acres comprised of Lot 1 of Urbain s Country Dream and comprised of Lot 2 of Gertrude Urbain Acres all in Section 36, (T88N-R2W) Dodge Township, Dubuque County, Iowa. The property is owned by Mark & Julie Urbain and is located 3.01 miles south of the City of Farley along Gertrude Lane. The property is currently zoned A-1 Agricultural with a 2

3 total of acres surveyed. The purpose of the plat is to add 2.61 acres to the home for estate purposes. There was a Special Use Permit BA# to allow replacement of a mobile home with a conventional home. The survey creates 2 Lots. Lot 1 has a total of 5.61 acres surveyed with a home and will remain in current ownership and use. Lot 2 has a total of acres surveyed and will remain in current ownership and use and could be sold at a future date. Lot 1 will use an existing residential access off of Gertrude Lane. Lot 2 will use a field access off of the private road Gertrude Lane. Speaking to the Board was Mark Urbain, Gertrude Lane, Farley. He said he would like to separate the home from the rest of the property for estate purposes. A motion was made by Ms. Klostermann, seconded by Mr. Soppe to approve the plat. 4. REZONING CASES: 1. ZC# Joshua Ginter R-1 Rural Residential to R-2 Single Family Residential The applicant is requesting to rezone from R-1, Rural Residential to R-2, Single Family Residential 1 acre more or less, to allow for less restrictive setbacks for future expansion of the home on the south and west sides of the property. The property, located 0.46 miles north of the City of Centralia along Sundown Road, is legally described as Lot 2 Nauman Farm Subdivision Plat 2 Section 34, (T89N-R1E) Center Township, Dubuque County, Iowa. The property is owned by Joshua Ginter. Zoning in the area includes R-1, Rural Residential to the north, south, east and west. R-2, Single Family Residential to the north. The R-2, Single Family Residential to the north on ZC# was to allow for acres to be rezoned to allow for better home placement on the lots with less restrictive setbacks. The R-2, Single Family Residential to the north on ZC# was to rezone 19 acres to allow for less restrictive setbacks for a new residential subdivision. The R-2, Single Family Residential to the north on ZC# was to allow for acres to be rezoned for a single family subdivision with less restrictive setbacks. There are no previous rezoning cases attached to this property. There are two Variance cases attached to this property. Case BA# was to allow for a shed to be built on the property closer to the property lines. The shed was never built. The applicant came back to request a slightly larger shed on BA# and was denied. Thirteen (13) rezoning notification letters were sent to the property owners and the City of Centralia was notified. Comprehensive Plan Policy Chapter 12 Land Use page 179 Objective 3.5 and page 180, Objective 6.4 and Chapter 9 Agricultural and Natural Resources page 135 Objective 5.1 may apply to this case. 3

4 Speaking to the Board was Josh Ginter, Sundown Rd, Peosta. He said would like to build an addition on the south and west sides of the home. The rezoning would help with having less setbacks and having to apply for variances with the Board of Adjustment. Ms. Klostermann said there is already R-2, Single Family Residential around this property. A motion was made by Ms. Caitlin, seconded by Mr. Soppe to approve the rezoning. The motion passed unanimously. Vote ZC# Joseph & Kathryn Jasper A-1 Agricultural to A-2 Agricultural Residential The applicants are requesting to rezone from A-1, Agricultural to A-2, Agricultural Residential acres more or less, to allow for the home and buildings to be separated from the cropland for sale and estate purposes. The property, located 0.25 miles east of the City of Farley along Hill Valley Lane is legally described as NE NW Section 17, (T88N- R1W) Taylor Township, Dubuque County, Iowa. The property is owned by Joseph & Kathryn Jasper. Zoning in the area includes A-1, Agricultural to the north, south, east and west. R-1, Rural Residential to the north. R-2, Single Family Residential to the north. The R-1, Rural Residential to the north on ZC# was to allow for the rezoning of 4 acres to allow for livestock for the families personal consumption. The R-2, Single Family Residential to the north on ZC# was to allow for the rezoning of 21 acres for single family homes. There are no previous rezoning cases attached to this property. There are no Special Use Permits attached to this property. Four (4) rezoning notification letters were sent to the property owners and the City of Farley was notified. Comprehensive Plan Policy Chapter 9 Agricultural and Natural Resources page 134 Objective 3.1 and Chapter 8 Housing page 122 Objective 12.7 may apply to this case. Speaking to the Board was Dave Schneider, Schneider Land Surveying, st St N, Farley and Joe Jasper, Hill Valley Lane, Farley. Mr. Schneider said that Mr. Jasper and his brother farm the property. Mr. Jasper s brother who currently lives in the home will be moving and Mr. Jasper s son would like to purchase the home. A motion was made by Ms. Caitlin, seconded by Mr. Soppe to approve the rezoning with the conditions that acres more or less around the home be rezoned to A-2, Agricultural/Residential for one home only and the remainder will stay A-1, Agricultural and that the balance of the parcel is not allowed to have another dwelling unless the property is rezoned for that use. The motion passed unanimously. Vote ZC# William & Margaret Walser and Dan Hingtgen A-1 Agricultural to R-1 Rural Residential 4

5 The applicants are requesting to rezone from A-1, Agricultural to R-1, Rural Residential acres more or less, to plat off the home, and deed the home to the daughter and for estate purposes. The property, located 0.65 miles west of the City of Dubuque along Walser Lane, is legally described as the balance of Lot of the W ½ NE ¼, Lot 2 of Walser Addition, part of the NW ¼ SE ¼, Part of the SW ¼ SE ¼, Lot 2 of the NE ¼ SE ¼ and part of Lot 2 of the SE ¼ SE ¼ all in Section 4, (T88N-R2E) Table Mound Township, Dubuque County, Iowa. The property is owned by William & Margaret Walser. Zoning in the area includes A-1, Agricultural to the north, and east. R-1, Rural Residential to the south and west. R-2, Single Family Residential to the north. The R-2, Single Family Residential to the north on ZC# and on ZC# were to allow for single family homes. There are no previous rezoning cases attached to this property. There is one Special Use Permit attached to this property on BA# was to allow for a second dwelling on the farm, a mobile home. Eight (8) rezoning notification letters were sent to the property owners and the City of Dubuque was notified. Comprehensive Plan Policy Chapter 9 Agricultural and Natural Resources page 134 Objective 3.1 and Chapter 8 Housing page 122 Objective 12.7 may apply to this case. Speaking to the Board was Dan Hingtgen, 1701 Rte. 35 N, East Dubuque, Illinois. He said that the Walser s are requesting the rezoning change to be able to split the property to deed to their children. Ms. O Shea said the reason the Walser s are asking for R-1, Rural Residential is becuase a portion of the property is already zoned R-1, Rural Residential and it would allow agricultural uses on the property and allow the home to be separated from the additional ground. Ms. Caitlin asked how many homes would be able to built on this property? Ms. O Shea said you need a 1-acre minimum for each lot. She said that access would be an issue with where the current home is placed on the property. Ms. Caitlin asked if the property is currently being farmed? Mr. Hingtgen said part of the ground is rough but there is some cropland. The property has a lot of hills. Ms. Caitlin said she is concerned when a large piece of land is asking to be rezoned from A-1, Agricultural. Mr. Sigwarth said that with the southwest arterial coming close to this property that eventually it will be annexed into the City of Dubuque. A motion was made by Mr. Soppe, seconded by Ms. Klostermann to approve the rezoning. The motion passed. Vote 3-1. Mr. Soppe, Ms. Klostermann and Mr. Sigwarth voted in favor of the rezoning request. Ms. Caitlin voted against the rezoning request. 4. ZC# Joshua & Sarah Brimeyer and Jason & Ashley Brimeyer A-1 Agricultural to A-2 Agricultural Residential 5

6 The applicants are requesting to rezone from A-1, Agricultural to A-2, Agricultural Residential 3.43 acres more or less, to be allowed to reconfigure an existing lot with a home on it, and to allow for a new home on the second lot. The property, located 1.05 miles south of the City of Epworth along Pilot Grove Road, is legally described as Lot 1 SW ¼ NW ¼ and SW ¼ NW ¼ except Lot 1 SW ¼ NW ¼ all in Section 22, (T88N- R1W) Taylor Township, Dubuque County, Iowa. The property is owned by Joshua & Sarah Brimeyer and Jason & Ashley Brimeyer. Zoning in the area includes A-1, Agricultural to the north, south, east and west. A-2, Agricultural Residential to the south. The A-2, Agricultural Residential to the south on ZC# was to allow for a single family home. There are no previous rezoning cases attached to this property. There are no Special Use Permits attached to this property. Four (4) rezoning notification letters were sent to the property owners and the City of Epworth was notified. Comprehensive Plan Policy Chapter 9 Agricultural and Natural Resources page 134 Objective 3.1 and Chapter 8 Housing page 122 Objective 12.7 may apply to this case. Speaking to the Board was Josh Brimeyer, nd Ave SW, Farley, Dave Schneider, Schneider Land Surveying, st St N, Farley and Jason Brimeyer, Pilot Grove Rd, Farley. Mr. Schneider said Mr. Jason Brimeyer already has an existing home on the property. Mr. Jason & Josh Brimeyer own 80 acres together. Mr. Josh Brimeyer would like to build near the farm operation. They also assist their uncle on his farm to the west of their property. The two homes will share a well. An upgraded entrance is being requested. Mr. Sigwarth said this makes the most sense for the placement of the home by disturbing the least amount of agricultural ground. Mr. Caitlin is concerned about allowing more than one home to be rezoned A-2 on the same piece. Mr. Schneider said that the condition that there would be no additional homes could be added to both of the 40 acre parcels that the Brimeyer s own. Ms. Klostermann asked why a second home on the farm could not be applied for? Ms. O Shea said because they would not be able to plat off the second home and the farm is jointly owned by both Joshua & Jason. A motion was made by Mr. Soppe, seconded by Ms. Caitlin to approve the rezoning with the conditions that acres more or less around the existing home be rezoned to A-2, Agricultural Residential and allow one additional home only also in the A-2, Agricultural/Residential and the remainder will stay A-1, Agricultural and that the balance of both of the parcels are not allowed to have another dwelling unless the property is rezoned for that use. 4e) Plat of Survey of Brimeyer Brother s Subdivision- Final Plat Plat of Survey of Lots 1 thru 3 of Brimeyer Brother s Subdivision, comprised of Lot 1 in the SW ¼ of the NW ¼ of Section 22, and the SW ¼ of the NW ¼ of Section 22, except Lot 1 all in (T88N-R1W) Taylor Township, Dubuque County, IA. 6

7 The property is owned by Joshua & Sarah Brimeyer and Jason & Ashley Brimeyer and is located 1.05 miles south of the City of Epworth along Pilot Grove Road. The property is currently zoned A-1, Agricultural with a total of acres surveyed. The two brothers are requesting to zone acres each to A-2 Agricultural Residential on ZC# so they can each have a home on the farm. The purpose of the plat is to separate of the existing home owned by Jason on a smaller lot and to create another lot for Josh & Sarah to build a home and continue in the farming operation. The survey creates 3 Lots. Lot 1 has a total of acres surveyed with farm buildings on the property. It will continue in current ownership and use. Lot 2 has a total of acres surveyed and it will be to allow for a single family home for Joshua and Sarah. Lot 3 has a total of acres surveyed with an existing home and it will remain in current ownership and use. Lot 1 and Lot 3 will use an existing 40 wide shared residential access easement off of Pilot Grove Road. Lot 1 and Lot 2 will share a 44 wide residential access easement off of Pilot Grove Road. Speaking to the Board was Josh Brimeyer, nd Ave SW, Farley, Dave Schneider, Schneider Land Surveying, st St N, Farley and Jason Brimeyer, Pilot Grove Rd, Farley. Mr. Schneider said he would answer any additional questions that the board has. A motion was made by Ms. Klostermann, seconded by Mr. Soppe to approve the plat. 5. ZC# Julie Ann Gloeckner and Jesse & Ashley Gloeckner A-1 Agricultural to A-2 Agricultural Residential The applicants are requesting to rezone from A-1, Agricultural to A-2, Agricultural Residential acres more or less, to allow for the transfer of the house and yard area to Jesse & Ashley Gloeckner from his sister Julie Ann. The property, located 2.79 miles southwest of the City of Peosta along Casey Lane, is legally described as Lot 2 Loney Farm Subdivision Plat No.2 Section 29 (T88N-R1E) Vernon Township, Dubuque County, Iowa. The property is owned by Jesse & Ashley Gloeckner and Julie Gloeckner. Zoning in the area includes A-1, Agricultural to the north, south, east and west. A-2, Agricultural Residential to the northwest. The A-2, Agricultural Residential to the northwest on ZC# was to rezone 1.8 acres to allow for a single family home to be built. There are no previous rezoning cases attached to this property. There are no Special Use Permits attached to this property. Six (6) rezoning notification letters were sent to the property owners. Comprehensive Plan Policy Chapter 9 Agricultural and Natural Resources page 134 Objective 3.1 and Chapter 8 Housing page 122 Objective 12.7 may apply to this case. Speaking to the Board was Jesse Gloeckner, 7214 Casey Lane, Epworth and Dave Schneider, Schneider Land Surveying, st St N, Farley. Mr. Gloeckner said that he owns 50% of the property and his sister Julie owns the other 50%. He said he would like to 7

8 separate the home from the property so that he and his wife can be listed as the owners of the home that they currently live in. Mr. Schneider said the site plan shows future expansion of the home. Ms. O Shea said that the County Engineer does not have an issue with Lot 1 using the 30 access & utility easement. There is also a home on Casey Lane and on Lot 2 that will use the easement. She asked the County Engineer if an additional access is required for Lot 1 but the Engineer said because Casey Lane is a dead end road it would not be necessary. A motion was made by Ms. Caitlin, seconded by Mr. Soppe to approve the rezoning with the conditions that acres more or less around the home and detached garage be rezoned to A-2, Agricultural/Residential for one home only and the remainder will stay A-1, Agricultural and that the balance of the parcel is not allowed to have another dwelling unless the property is rezoned for that use. The motion passed unanimously. Vote f) Plat of Survey of Loney Farm Subdivision Plat No. 4 Final Plat Plat of Survey of Lots 1 thru 3 of Loney Farm Subdivision Plat No. 4, comprised of Lot 2 of Loney Farm Subdivision Plat No. 2, the S ½ of the NE ¼ of the SE ¼ of the SW ¼, and the SE ¼ of the SE ¼ of the SW ¼ all in Section 29, (T88N-R1E) Vernon Township, Dubuque County, Iowa. The property is owned by Jesse & Ashley Gloeckner and Julie Gloeckner and is located 2.79 miles southwest of the City of Peosta along Casey Lane. The property is zoned A-1, Agricultural with a total of acres surveyed. The purpose of the plat is to separate the existing home from the farmland to deed to Jesse & Ashley Gloeckner. The property owners are in the process of rezoning acres to A-2, Agricultural Residential to be able to plat off the home. The survey creates 3 Lots. Lot 1 has a total of acres surveyed and will remain in current ownership and use. Lot 2 has a total of acres surveyed with a home on it, and it will be sold to Jesse & Ashley Gloeckner. Lot 3 has a total of acres surveyed and it will remain in current ownership and use. Lot 1 and Lot 2 will share an existing 30 wide residential access off of Casey Lane. Lot 3 will have access to Casey Lane across Lot 2 of Lot 1 in the E ½ of the NW ¼ and the NW ¼ NW ¼ of Section 32,Vernon Township, Dubuque County, Iowa. Speaking to the Board was Jesse Gloeckner, 7214 Casey Lane, Epworth and Dave Schneider, Schneider Land Surveying, st St N, Farley. Mr. Schneider said they have to plat the lots that Mr. Gloeckner s sister owns to correct title issues on the property. A motion was made by Ms. Caitlin, seconded by Ms. Klostermann to approve the plat. 8

9 6. ZC# Lee & Jodi Wulfekuhle M-1 Industrial to A-2 Agricultural Residential and R-1 Rural Residential to A-2 Agricultural Residential and R-1 Rural Residential to M-1 Industrial The applicants are requesting to rezone from M-1, Industrial to A-2, Agricultural Residential acres more or less, and R-1, Rural Residential to A-2, Agricultural Residential acres more or less, and R-1, Rural Residential to M-1, Industrial acres more or less, to clean up property lines before selling the home. The property, located 1.46 miles west of the City of Holy Cross along Route 52 North, is legally described as Lot 1 and Lot 2 of Wulfekuhle Farm Subdivision all in Section 24, (T90N-R2W) Liberty Township, Dubuque County, Iowa. The property is owned by Lee & Jodi Wulfekuhle. Zoning in the area includes A-1, Agricultural to the north, south, east and west. There are two previous rezoning cases attached to this property. One was on ZC# to rezone from A-1, Agricultural to M- 1, Industrial Conditional to allow for the manufacturing and packaging for internet sales of compost pellets with the following conditions; 1. That a fast growing evergreen tree screen be added on the west and south boundaries of the property. 2. That the driveway width be narrowed down to 50 subject to Iowa D.O.T. approval. 3. That the business allowed on this property will be a manufacturing and packaging of compost pellets operation d.b.a. Ultra-Compost and a farm manure pumping business d.b.a. Wulfekuhle Injection. 4. That the M-1, Industrial zoning will revert back to A-1, Agricultural if the businesses cease operation at this location. The other was on ZC# to rezone from A-1, Agricultural to R-1, Rural Residential for a new home. There is one Special Use Permit attached to this property on BA# was to allow for the construction of a 60 x 120 wide machine shed to be used to house a farm manure pumping business. Two (2) rezoning notification letters were sent to the property owners and the City of Holy Cross was notified. Comprehensive Plan Policy Chapter 9 Agricultural and Natural Resources page 135 Objective 5.4 and Chapter 12 Land Use page 179 Objective 3.5 and Chapter 7 Economic Development page 105 Objective 3.2 and 3.4 may apply to this case. Speaking to the Board was Dave Schneider, Schneider Land Surveying, st St N, Farley. Mr. Schneider said that the Wulfekuhle s run a business at this location and one in the Ozark s. They will be moving to the Ozark s and will be selling the home and keeping the business. The Wulfekuhle s are running the business that was zoned conditional and if the business would ever sell or stop operating the property would revert back to A-1. Mr. Schneider said they are cleaning up the property lines to separate the business from the home. A motion was made by Ms. Caitlin, seconded by Mr. Soppe to approve the rezoning with the conditions that acres more or less around the existing home be rezoned to A-2, Agricultural/Residential for one home only, that a fast growing evergreen tree screen be added on the west and south boundaries of the property zoned M-1, 9

10 Industrial, that the driveway width be narrowed down to 50 subject to Iowa D.O.T. approval, that the business allowed on this property will be a manufacturing and packaging of compost pellets operation d.b.a. Ultra-Compost and a farm manure pumping business d.b.a. Wulfekuhle Injection and that the M-1, Industrial zoning will revert back to A-1, Agricultural if the businesses cease operation at this location. 6g) Plat of Survey of Wulfekuhle Farm Subdivision Plat 2-Final Plat Plat of Survey of Lot 1 and Lot 2 of Wulfekuhle Farm Subdivision Plat 2 comprised of Lot 1 and Lot 2 of Wulfekuhle Farm Subdivision all in Section 24, (T90N-R2W) Liberty Township, Dubuque County, Iowa. The property is owned by Lee & Jodi Wulfekuhle and is located 1.46 miles west of the City of Holy Cross along Route 52 North. The property is zoned R-1, Rural Residential and M-1, Industrial with a total of acres surveyed. The purpose of the plat is to clean up property lines before selling the home. The property owner is in the process of rezoning some of the property to M-1, Industrial and A-2, Agricultural Residential to be consistent with the new property lines. The survey creates 2 Lots. Lot 1 has a total of acres surveyed with a home and it will be sold. Lot 2 has a total of acres with a business that manufactures and packages compost pellets and a farm manure pumping business that will remain in current ownership and use. Lot 1 will use an existing residential access off of Route 52 North. Lot 2 will use an existing commercial entrance off of Route 52 North. Speaking to the Board was Dave Schneider, Schneider Land Surveying, st St N, Farley. The plat is being done to be consistent with the rezoning request. A motion was made by Ms. Klostermann, seconded by Mr. Soppe to approve the plat. 7. ZC# O Rourke Farms LLC and Iowa Department of Transportation C-1 Conservancy and R-2 Single Residential to A-1 Agricultural The applicants are requesting to rezone from C-1, Conservancy and R-2, Single Family Residential to A-1, Agricultural acres more or less, to allow for an Iowa Department of Transportation Maintenance Garage Facility. The property, located adjacent to the City of Dubuque at the corner of US Highway 61 and Olde Davenport Road, is legally described as Part of Lot 3 of the SW ¼ of the NW ¼, Part of the SE ¼ of the NW ¼, Part of Lot 1 of the NW ¼ of the SW ¼, and Part of Lot 1 of the E ½ of the SW ¼ all in Section 13, (T88N-R2E) Table Mound Township, Dubuque County, Iowa. The property is owned by O Rourke Farms LLC. Zoning in the area includes A-1, Agricultural to the northwest. M-1, Industrial to the west. B-1, Business to the northwest. C-1, Conservancy to the north, east and west. R-2, Single Family Residential to the south, west and east. R-3, Single Family Residential to the northwest. The M-1, Industrial to the west on ZC# was to rezone 17 acres to allow for a wood export business and/or 10

11 some other compatible industrial use. The B-1, Business to the northwest on ZC# was to rezone 1 acre from B-1, Business to R-2, Single Family Residential to allow for a single family home. There are no previous rezoning cases attached to this property. There are No Special Use permits attached to this property. Sixteen (16) rezoning notification letters were sent to the property owners and the City of Dubuque was notified. Comprehensive Plan Policy Chapter 9 Agricultural and Natural Resources page 135 Objective 5.4 and Chapter 12 Land Use page 179 Objective 3.5 and Chapter 7 Economic Development page 105 Objective 3.2 and 3.4 may apply to this case. Speaking to the Board was Jerry Burnes, IDOT, 800 Lincoln Way, Ames, Iowa. He said they would like to rezone the property so they can build a new maintenance garage for the IDOT. Ms. Caitlin asked if the current home on the site would be removed? Mr. Burnes said it has not been determined yet if the home will be removed. They are talking with the State Historical Preservation Office to see what the options are. Mr. Sigwarth asked if there were any comments from Conservation regarding the Conservancy zoning on this parcel? Ms. O Shea said Brian Preston, Dubuque County Conservation, was given the paperwork today and will present the information to the Conservation Board on February 22, 2018 at the Conservation Meeting. Ms. O Shea said that the C-1, Conservancy zoning on the property is close to the flood plain but there is a lot more C-1 than there is Flood Plain. Ms. Caitlin asked if there was an Archaeological Site review of this property? Mr. Burnes said they had an archaeological review by the Tall Grass Archaeology. They determined that there were no artifacts on the property. They made sure to point out the site of the new building to make sure they were not disturbing anything. A study was done of both the home on the property and the land around it. Ms. O Shea said the rezoning of the property to A-1 would not allow the entire lot to be developed without an additional rezoning. The A-1 would allow publically owned and operated buildings except those who s chief function is an activity conducted for commercial purposes. Ms. Caitlin would like to have a copy of the report from the archaeological review to make sure they have all of the information and can make the correct decision on the case. Mr. Burnes said that he is sure it can be provided to the Board. He will check into it. Mr. Sigwarth asked if there is an intention to sell parts of the property off at sometime? Mr. Burnes said they do not typically divide their property. The IDOT usually finds a use for all of the property. Ms. O Shea said that none of the buildings on the property are in the C-1, Conservancy zoning district. 11

12 Mr. Sigwarth and Ms. Caitlin would like to have additional information before they make their decision. Ms. O Shea told Mr. Burnes that the Zoning Board is a recommendation Board and asked if there would be any issues to table the case until next month s meeting on March 20, 2018? Mr. Burnes said if more information were required then they would be glad to get it to better assist the Board in their recommendation. Mr. Sigwarth asked if anyone wished to speak in favor or against this case? Speaking to the Board was Joe Kilburg, IDOT Highway Maintenance Supervisor, Mill Creek Rd, La Motte. He said he will be supervising and run the crews at this location. He said this site is in the center of the crew s routes. They have intentions to preserve the home but have no control. This new facility will replace the one that is located within Key West. They have outgrown the current facility. This property will also give them room for expansion in the future. A motion was made by Ms. Caitlin, seconded by Ms. Klostermann to table the rezoning and plat until the March 20, 2018 meeting. 7e) Plat of Survey of O Rourke Farms Addition- Final Plat Plat of Survey of Lots 1 thru 4 of O Rourke Farms Addition comprised of Part of Lot 3 of the SW ¼ of the NW ¼, Part of the SE ¼ of the NW ¼, Part of Lot 1 of the NW ¼ of the SW ¼, and Part of Lot 1 of the E ½ of the SW ¼ all in Section 13, (T88N-R2E) Table Mound Township, Dubuque County, Iowa. The property is owned by O Rourke Farms LLC and is located adjacent to the City of Dubuque at the corner of US Highway 61 and Olde Davenport Road. The property is zoned R-2, Single Family Residential and C-1, Conservancy with a total of acres surveyed. There is a rezoning case # to rezone Lot 2 to A-1, Agricultural to sell to the State of Iowa. The purpose of the plat is to create a lot to allow for the building of an Iowa Department of Transportation Maintenance Garage Facility. The survey creates 4 Lots. Lot 1 has a total of acres surveyed and will remain in current ownership and use. Lot 2 has a total of acres surveyed and will be sold to the State of Iowa to allow for the Maintenance DOT Garage Facility. Lot 3 has a total of acres surveyed and will remain in the current ownership and use. Lot 4 has a total of acres surveyed and will remain in current ownership and use. Lot 1 will use and existing field entrance off of Olde Davenport Road. Lots 2 thru 4 will have access off of the Southwest Arterial. This plat was table until next month. 5. OLD BUSINESS: Update on Previous Zoning Cases Ms. O Shea said that the rezoning cases for Daniel & Colleen Horsfield and William Horsfield and Carl & Dolores McDermott and Adam McDermott both rezoning from A-1, Agricultural to A-2, Agricultural Residential were approved by the Board of Supervisors as recommended. Donald & Nancy Knockel rezoning from A-1 to R-2 and the plat were both 12

13 approved. Richard Burdick rezoning from R-1 to R-2 and the plat were both approved also. The Wayne & Jill Vanden Berge rezoning from A-1 to R-1 was only allowed to have 1.95 acres rezoned instead of the entire piece as requested. The case will go to the Board of Supervisors on the February 26, 2018 meeting. 6. NEW BUSINESS: Board Stipend Ms. O Shea said the Board of Supervisors approved a stipend increase from $25.00 to $35.00 per meeting for the Board of Adjustment & Zoning Commission. The increase is effective January PUBLIC COMMENTS: None 8. ADJOURNMENT: A motion was made by Mr. Soppe, seconded by Ms. Klostermann to adjourn the meeting. The motion passed unanimously. Vote: 4-0. The meeting ended 7:49 at p.m. 13