Public hearing results in Supervisors remanding rezoning request for freight terminal back to P&Z Commission

by Bob Beach

The Allamakee County Board of Supervisors held a public hearing Monday evening, April 29 regarding a rezoning request by Upper Iowa Rail Corporation (Reilly Construction) from Agricultural (A-1) to Industrial (I-1) to allow for a freight terminal near the intersection of County Road A26 and Black Hawk Road south of New Albin. Many members of the public were present to oppose the rezoning request due to concerns that the proposed freight terminal could be used to load frac sand onto rail cars.
Allamakee County Zoning Administrator Tom Blake said the Planning and Zoning Commission had voted in November of 2010 to recommend approval of the rezoning request, but that recommendation had never been brought before the Board of Supervisors.
Chairman Larry Schellhammer pointed out that the Board’s approval of the rezoning request would not, in and of itself, allow for a frac sand freight terminal. Supervisor Sherry Strub added that use of the proposed freight terminal to load frac sand would not be allowed under the moratorium in place in Allamakee County. “This meeting is not about sand,” she said.
The area residents who filled the Board of Supervisors room in the courthouse seemed to disagree.
John Smola, who was chairman of the Allamakee County Planning and Zoning Commission when it recommended approval of the rezoning request, described the rezoning request as “insidious,” noting that the plans presented to the Commission were for a grain loading facility, with no mention of frac sand. Smola said that if the Board were to approve the rezoning request, it would be “aiding and abetting” in the site’s eventual use for frac sand.
Several area residents expressed concerns about increased traffic if the zoning request were approved, noting that the site is near a “blind” intersection that would become even more dangerous with increased truck traffic.
Other members of the public noted that the site is in a flood plain and is not appropriate for industrial use. Others noted that development of the site could disturb prehistoric burial sites and disrupt the scenic beauty of the area. They argued that the area should retain its agricultural zoning designation, as industrial uses would be incompatible with the County’s comprehensive plan and the use of the surrounding land.
Attorney Karl Knudson of Decorah, representing the Allamakee County Protectors, told the Board that, as he reads the County’s zoning ordinance, the site could be used as a freight facility for grain as a conditional use under its current agricultural zoning designation. He said that if the Board were to change the zoning to industrial, it would be next to impossible to regulate its future use, whereas if a freight terminal were permitted as a conditional use, the County could retain some authority over its future use.
Knudson also pointed out that the Board would not be creating legal difficulties for the County by denying the request, noting that it has no obligation to follow the Planning and Zoning Commission’s recommendation.
Zoning Administrator Tom Blake disagreed with Knudson’s assessment that a grain terminal would be allowed as a conditional use under an agricultural zoning designation. County Attorney Jill Kistler said she agreed with Blake regarding the conditional uses allowed under the agricultural zoning designation, but agreed with Knudson’s assessment regarding the Board’s legal authority to deny the rezoning request.
Speaking on behalf of Reilly Construction, Larry Thompson said that originally, the intended use for the site was a terminal for the loading of grain and fertilizer. He said that Reilly had also been contacted by the railroad about using the site to ship wind turbine materials from the site, but that deal is no longer on the table. He said that he had also been contacted by ethanol producers about using the site to store rail cars. He said that Reilly does not currently have a contract regarding loading frac sand at the facility.
Attorney Kurt Olson, speaking on behalf of Reilly Construction, said that there are no current plans for mining, processing or washing of frac sand at the site. He said that rezoning the site to industrial would not create a “free-for-all” under which the site could be used for any purpose, as the County would retain control through the issuance of conditional use permits.
After much discussion and public input, Blake advised the Board that its options included approving the rezoning request, denying the request, or remanding the request to the Planning and Zoning Commission for further consideration. Supervisor Strub made a motion to remand the request to the Planning and Zoning Commission to address issues raised at the public hearing, such as traffic impacts, flood plain concerns and potential hazardous materials at the site. Supervisor Dennis Koenig seconded the motion and the Board voted unanimously to remand the rezoning request to the Planning and Zoning Commission.