The Webster County Board of Supervisors voted 4-1 against a rezoning request from Kevin and Sheila Stumpf Tuesday morning that would have cleared the way for the construction of a new warehouse. Supervisor Bob Thode was the sole dissenting vote.

On the agenda for the regular Board of Supervisors meeting Tuesday was the first consideration of rezoning a parcel of land from agricultural use to industrial use. The proposed plan to construct a 110,000 square-foot distribution center on the rezoned property was presented to the Planning and Zoning Commission on Oct. 12 and the commission members voted 5-1 against that rezoning request. The Stumpfs wanted to rezone approximately 44.8 acres of vacant land located at the northeast side of the intersection of Poplar Avenue and U.S. Highway 20.

Previously, the Stumpfs successfully obtained the rezoning of nearby property on Poplar Avenue, where a travel center is now being built.

At Tuesday’s meeting, the board opened the floor for written or oral comments and began with a letter from Eric J. Eide, an attorney with Nyemaster Goode, P.C. in Ames read by County Attorney Darren Driscoll.

Eide wrote that he was contacted by Tracy and Donna Faith, who live near the proposed property, for his legal opinion regarding the rezoning request.

Eide wrote, “The Stumpfs’ application and the zoning administrator’s analysis both lack support for the rezoning under the current ordinances.”

A main theme throughout Eide’s letter is how rezoning this parcel would fit into the county’s overall zoning plan.

He wrote, “There is a reason it is called the Planning and Zoning Commission, as good planning is a necessary precursor to good zoning decisions.”

Eide said it is his legal opinion that the rezoning request fails to meet the county’s criteria for approval. He wrote “This case is clearly an example of spot zoning, in the sense that it seeks to rezone an island of I-1 in a sea of A-1.”

Eide concluded his letter by saying he would suggest the commission contract with professional planners.

“This might help better guide the planning for development along Highway 20 in the Fort Dodge area, rather than relying on piece-meal zoning,” he wrote.

Kevin Stumpf then stepped up to the podium and asked Driscoll if he was or was not advising the board that this rezoning would be illegal.

Driscoll replied, “There is a significant risk that a court would find this to be illegal spot zoning and therefore I am advising the county not to engage in illegal conduct.”

Driscoll cited court case Little v. Winborn, a case from 1994 in which the Iowa Supreme Court overturned a rezoning that had been approved by the Scott County Board of Supervisors.

“The court found spot zoning for the benefit of the owner and contrary to the comprehensive plan is unreasonable,” said Driscoll quoted from the case.

He then cited a second case, Jaffe v. City of Davenport. Driscoll quoted, “If the ordinance constitutes piece-meal or haphazard zoning on a small tract of land, similar in character and use to the surrounding property for the benefit of the owner and not pursuant to the comprehensive plan for the general welfare of the community, it is arbitrary, unreasonable, and invalid.”

Driscoll said those are the two main cases he relied on in order to form his legal guidance for the county.

Mike Pearson asked how the board can approve the travel center, but not approve this new proposal.

Driscoll said, “The travel center is not illegal, although it is spot zoning. It’s not illegal spot zoning, because there’s an exception when there’s a substantial public benefit. Having no gas station on Highway 20 between Webster City and Rockwell City is what justified that.”

Several other citizens spoke but all had similar concerns regarding traffic safety and the negative impact a warehouse would have on their neighborhood.

Planning and Zoning Administrator Jeff Johnson delivered a presentation regarding the details of the rezoning request. In his presentation, Johnson said construction has commenced on the required transportation improvements the Stumpfs agreed to when the travel center was approved. This includes the paving of Poplar Avenue between U.S. Highway 20 and 230th Street and Johnson said construction is set to begin on acceleration and deceleration lanes on Highway 20 in late spring or early summer of next year.

Johnson presented the County Land Use Management Plan (CLUMP) map. Johnson said this map is used to manage future orderly growth and development while protecting the general health, safety, and welfare of the citizens and encouraging a strong economic base.

Johnson said the proposed land is located in the urban reserve policy tier which allows for acceptable industrial land use.

“It should be noted that spot zoning is not defined in the zoning ordinance, and therefore we rely on the state to define this term. Spot zoning occurs when a change of zoning is at odds with the county’s comprehensive plan. As previously mentioned, this request is not at odds with the comprehensive plan,” said Johnson.

After Johnson’s presentation, a citizen who did not identify themselves asked who will be paying for the paving of Poplar Avenue. Kevin Stumpf said he will be paying for all of it on his own. Sheila Stumpf said as of now, they are not applying for any grants or asking for any county dollars to pay for any part of the project.

Donna Faith addressed the board with her concerns about traffic safety.

“The truck stop is already going to be bringing in a lot more traffic and we’re really concerned about semis coming in and out of there. It’s already going to be dangerous with the truck stop and then you’re going to have semis coming in and out of there,” she said.

Sheila Stumpf said according to Johnson’s definition of the map, she feels they satisfy the criteria regarding character of the adjacent neighborhood and the suitability and usage of the land.

“It says industrial is an approved usage within the CLUMP map. I feel like we’re within our right and within the realm of possibility to apply for this,” she said.

Driscoll said while the industrial use is included in the CLUMP map, it is not in the future land use plan.

“It’s like Margo, the chair of the Planning and Zoning Commission said, you’re skipping over the future land use plan which is really what we should be looking at because it’s detailed, it’s broken down,” he said.

Supervisor Mark Campbell said they have asked the Planning and Zoning Commision to hire a company to start the process of updating the future land use plan.

Marty Smith, fire chief of Otho, expressed to the board his concerns regarding traffic.

“We recently had an accident in this very intersection with a semi truck that slowed down and an inattentive driver rear ended that truck. To me that’s just a harbinger of what’s going to happen with this intersection,” he said.

Thode said he has received conflicting information.

“So far three attorneys have told me that this is not illegal and two have said it is illegal,” he said. Thode said he would like for the matter to be tabled until they can get more answers.

Supervisor Niki Conrad said, “I have long believed that my job is to review all of the information, including laypeople’s questions, neighbor concerns, and see if we can address them and then rely on professional expert guidance to shape my decision in response to that in as fair and impartial way as possible. Given the professional expert guidance that we received from our county attorney and also the planning and zoning committee, I do not feel comfortable voting to approve at this time.”

Supervisor Nick Carlson said, “Based on the county attorney’s opinion and the fact that the Planning and Zoning Commision will be moving forward with updating the comprehensive plan, and the fact that if this is denied, the Stumpfs can bring this back to the board a year from now, I am also uncomfortable with where we’re at.”

Supervisor Keith Dencklau agreed with Carlson and said he would prefer to revisit the rezoning after a new comprehensive plan is complete.

Supervisor Campbell said, “I think we need to give Planning and Zoning the opportunity to look at what Webster County should be and where those spots should be to grow.”

Dencklau moved to disapprove the rezoning request and Carlson seconded it. A roll call vote was taken with Dencklau, Carlson, Campbell, and Conrad voting to disapprove the request and Thode voting against the motion.