Rezoning Request - 900 Seippel Road_JLD Investments Copyright 2014
City of Dubuque Public Hearings # 2.
ITEM TITLE: Rezoning Request - 900 Seippel Road
SUMMARY: Proof of publication on notice of public hearing to consider a request by
JLD Investments, LLC to modify the zoning condition applied to the
property located at 900 Seippel Road regarding fencing and the City
Manager recommending approval.
ORDINANCE Amending Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code, by Reclassifying Hereinafter
Described Property Located at 900 Seippel Road From CSc Commercial
Service and Wholesale District With Conditions to CSc Commercial
Service and Wholesale District With Conditions as Established in the
Attached Memorandum of Agreement
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A
ATTACHMENTS:
Description Type
❑ ZAC Letter Staff Memo
❑ Applicant Materials Supporting Documentation
❑ Vicinity map Supporting Documentation
❑ Staff Materials Supporting Documentation
❑ Ordinance Ordinance
Planning Services Department Dubuque
6
City Hall � THE CITY OF
50 West 13th Street ��
Dubuque,IA 52001-4864 1 I I I I.
QTE
(563)589-4210 phone
(563)589-4221 fax •sin•mea Masterpiece on the Mississippi
(563)690-6678 TDD
rolanning,§dtyofdubugue.or¢
August 11, 2015
The Honorable Mayor and City Council Members
City of Dubuque
City Hall —50 W. 131h Street
Dubuque IA 52001
Applicant: JLD Investments, LLC
Location: 900 Seippel Road
Description: To modify the zoning condition applied to the property regarding fencing.
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
Joe Delaney, representing the applicant, spoke in favor of the request, reviewing that he
wanted to remove the condition applied to the property that requires the entire property to
be fenced. Mr. Delaney explained he uses cameras for security and the project has been
scaled back from nine buildings to three buildings. He clarified that the condition applies
only to the commercially-zoned property, not the adjacent agriculturally-zoned property.
Staff reviewed the staff report, noting the zoning history of the site and the conditions
applied to the property as part of the original rezoning of the property. Staff indicated the
other conditions applied to the property have been complied with or will be once the third
building is constructed.
There were no public comments.
The Zoning Advisory Commission discussed the request, and asked about storage allowed
in agricultural zones. The Commission noted that the storage business is reduced in size
and moved away from the adjacent residential property.
Recommendation
By a vote of 7 to 0, the Zoning Advisory Commission recommends that the City Council
approve the request.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
Patrick Norton, Chairperson
Zoning Advisory Commission
Service People Integrity Responsibility Innovation Teamwork
Dubuque Planning Services Department
THE CITY OF City Hall-50 West 13 Street
DLTB Dubuque,IA 52phone 05
IiI j (563)589-4210 phone
(563)589-4221 fax
690-66TDD
Masterpiece oi7 the Mississippi .-=•200 olanningncivofdubu
que ora
PLANNING APPLICATION rORM
❑Variance []Preliminary Plat ❑Simple Subdivision ❑Certificate of Appropriateness
❑Conditional Use Permit ❑Major Final Plat ❑Text Amendment ❑Advisory Design Review(Public Projects)
❑Appeal ❑Minor Final Plat ❑Temporary Use Permit ❑Certificate of Economic Non-Viability
❑Special Exception ❑Simple Site Plan ❑Annexation ❑Historic Designation
Elkilmited Setback Waiver ❑Minor Site Plan ❑Historic Revolving Loan ❑Demolition in Conservation Districts
Rezoning/PUD/ID ❑Major Site Plan ❑Historic Housing Grant ❑Port of Dubuque Design Review
Please type or print legibly in in y 1 . r
Property owner(s):-31. D Sr.ve s%Ae tom/ S , 1_ C- Phone: 5(03 - q o15- y 330
Address: l 1 S Stov\.)Jf7(00k Com} City: ID-I\Dy C P e State:TA Zip: 5 ;Z 0 O 3
Fax#: Cell#: 5to3-g15 -g33DE-mail: Set90e_1R6MdVT
S-locwye (� oi,�g;l.co,�
Applicant/Agent: Soa DeAmNQ\/ Phone: 503- y 95- 4330
Address: ` -' S a"A e U S ab 0Je City: - — — '— State: — Zip:
Fax#: I k Cell #: 11 E-mail:
Site location/address: '1D0 S Q yee l Rt)Ad Neighborhood Association:
IF VL
Existing zoning: cs Proposed zoning: S District: 4 V 5 A Landmark: ❑Yes Df No
Legal Description (Sidwell parcel ID#or lot number/block number/subdivision): Po_rcej i A 1031 1 6 a D l $
Total property(lot)area (square feet or acres): 3. 55 ac i eS 11
Describe proposal and reason necessary(attach a letter of explanation, if needed): _T W o o ',�Q <49 4e
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CERTIFICATION: I/we,the undersigned,do hereby certify/acknowledge that:-rtJAJ —tLJt 6 t;�,I-rU"r4 J7,V'
1. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive
covenants. PL-t1.
2. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public
record;
3. Fees are not refundable and payment does not guarantee approval;and
4. All additional required written and graphic,materials are attached. ��A
Property Owner(s): %3t V-PX-a',!"'- - Date: f r v 31 S
Applicant/Agent: Date:
FOR OFFICE USE ONLY-APPLICATION SUBMITTAL CHECKLIST
Fee: _ � Received by: L ' Date: 6 1 /SDocket:
C(tic.k 'tM�y
THE MY OF Dubuque
DUB E 11111.1
Masterpiece on the Mississippi
2007•2p12.2013
Vicinity Map
Applicants: JLD Investments LLC /
.Doe Delaney
Location: 900 Seippel Road
Description: To rezone from CSC to CSC
to remove the condition that the
facility be fenced.
Legend
900 Seipple Road
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THE CITY f
Duos E MEMORANDUM
June 22, 2015
TO: Zoning Advisory Commission
FROM: Guy Hemenway, Assistant Planner6' �
SUBJECT: Rezoning for Seippel Road Mini-Storage at 900 Seippel Road
BACKGROUND
In October of 2007, the Zoning Advisory Commission approved the rezoning of
approximately 8.5 acres of property along Seippel Road from Ag Agricultural to CSc
Commercial Service and Wholesale District with conditions, to accommodate the
Seippel Road Mini-Storage facility. At the time the Commission imposed several
conditions on the rezoning that included eliminating the following uses from the list of
permitted uses in the CS district: Auto Service Centers, Auto Repair/Body Shop, Truck
Sales/Service Repair, Farm Implements, Sales and Service, Freight Transfer Facilities;
Fuel/Ice Dealers and Manufacturing, Agricultural Supply Sales, Engine/Motor Sales,
Service and Repair, Refrigeration Equipment and Supply, Sales and Service; Welding
Services; Animal Hospital/Clinic; and Kennel.
The Commission also required that:
1) A 50-foot buffer be provided along the residentially-zoned property
line.
2) A vegetative buffer be provided along the residentially-zoned property
line as per City Landscaping and Screening requirements.
3) The entire site shall be fenced and secured with a gated entrance.
4) On-site storm water detention be required.
5) All vehicle use areas be paved.
6) The hours of operation be limited from 6:00 a.m. to 10:00 p.m., and;
7) Any new outdoor lighting fixture utilize cut-off luminaires.
The City Council subsequently approved the rezoning with the conditions that the
Commission recommended.
Zoning Commission Memo Page 2
Seippel Road Mini-Storage Facility
900 Seippel Road
June 22, 2015
DISCUSSION
In 2013 the ownership of the subject property changed and the new owner asked to
rezone the north half of the property back to the original AG Agricultural zoning as it had
not been developed and was lying idle. Only two of the eight storage buildings
indicated on the approved site plan have been built at the south end of the property.
The Commission and City Council approved the rezoning request.
Now the current property owner is intent on building a third building on the subject CSc
property and is asking the Commission to remove the condition that the entire property
be fenced and secured with a gated entrance. The minutes of the 2007 Commission
meeting do not reflect the rationale for requiring the entire storage facility to be fenced
and gated. Staff recollects concerns expressed by neighbors regarding the safety and
security of the facility.
As the north half of the property has been rezoned to Ag Agricultural use, the buffer and
landscaping requirements are no longer relevant. Also, the closest adjacent residence
is in excess of 500 feet from the subject property. All of the other conditions have
been, or will be met when the third building is completed.
If approved, the original conditions, save the security fence requirement, will still bind
the subject property.
RECOMMENDATION
Staff recommends that the Commission review the request and consider if it is
necessary that the facility be fenced and secured with a gated entrance.
This memo is provided for your information.
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Doc ID: 008300970005 Type GEN
Kind ORDINANCE
Recorded: 08/20/2015 at 03:04:26 PM
Fee Amt: $27.00 Pape 1 of 5
Dubuque County Iowa
John Murphy Recorder
File2015-00010799
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210
Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589-4121
ORDINANCE NO. 52-15
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF OR-
DINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT 900 SEIPPEL ROAD FROM CSc COM-
MERCIAL SERVICE AND WHOLESALE DISTRICT WITH CONDITIONS TO CSc
COMMERCIAL SERVICE AND WHOLESALE DISTRICT WITH CONDITIONS AS ES-
TABLISHED IN THE ATTACHED MEMORANDUM OF AGREEMENT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified De-
velopment Code, is hereby amended by reclassifying the hereinafter described property
from CSc Commercial Service and Wholesale District with conditions to CSc Commer-
cial Service and Wholesale District with conditions, to wit:
Lot 1 Seippel Road Commercial Park #4, 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 Zon-
ing 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 17th day of A ust, 2015.
Roy D. Buol,, ayor
Attest:
Kevir( S. Firnstahl, City Clerk
.017,00
STATE OF IOWA
CERTIFICATE of the CITY CLERK
) SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk
of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in
my possession or have access to the records of the proceedings of the City Council. I
do further state that the hereto attached Ordinance No. 52-15 is a true and correct
copy of the original.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 18th day of August, 2015.
Kevin S. Firnstah(, CMC, City Clerk
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5 (2011), and . as an express condition of
rezoning of the property located at 900 Seippel Road and legally described as:
Lot 1 Seippel Road Commercial Park #4, and to the center
line of the adjoining public right-of-way, all in the City of
Dubuque, Iowa,
which is the subject of Ordinance No. 52-15 , a copy of which is attached hereto and
incorporated herein by reference, the undersigned property owner(s) agree(s) to the
following conditions, all of which the property owner(s) further agree(s) are reasonable
and are imposed to satisfy public needs which are caused directly by the rezoning:
A) Conditions.
1) That uses Auto Service Centers, Auto Repair/Body Shop, Truck
Sales/Service Repair, Farm Implements, Sales and Service, Freight
Transfer Facilities, Fuel/Ice Dealers and Manufacturing, Agricultural Supply
Sales, Engine/Motor Sales, Service and Repair, Refrigeration Equipment
and Supply Sales and Service, Welding Services, Animal Hospital/Clinic,
and 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 on-site storm water detention be required.
5) That all vehicle use areas be paved.
6) That the hours of operation be limited from 6:00 a.m. to 10:00 p.m.
7) That any new outdoor lighting fixture shall utilize cut-off luminaries.
B) Modifications. Any modifications of this Agreement shall be considered a zoning
reclassification and shall be subject to the provisions of the Title 16, Unified
Development Code, governing zoning reclassifications. All such modifications must be
approved by the City Council of Dubuque, Iowa.
C) 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. 52-15.
D) Construction. This Agreement shall be construed and interpreted as though it
were part of Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code.
E) This Agreement shall be binding upon the undersigned and his/her heirs,
successors and assignees.
ACCEPTANCE OF ORDINANCE NO. 52 -15
I, Joe Delaney, representing JLD Investments, LLC, property owner, having read
the terms and conditions of the foregoing Ordinance No. 52-15 and being familiar with
the conditions thereof, hereby accept this same and agree to the conditions required
therein.
Dated in Dubuque, Iowa this I 3 day of
By:
State of Iowa
) ss:
County of Dubuque
2015.
i/C—‘t--Joe Delaney
On this 1,5 day of AmtAs-r 2015, before me, a Notary Public, in
and for said state, personally appeared Joe Delaney, to me known to be the person
named in and who executed the foregoing instrument, and acknowledged that they
executed the same as their voluntary act and deed.
Notary Public in the State of Iowa
My Commission expires: '1 trUo
CONNIE A. BEAVER
Commission Number 128783
My Comm. Exp
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: August 7, 2015, and for which the charge is $16.65.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this /p day of Q , 20 /6' .
i
otary Public in and for Du uque County, Iowa.
ARY lS, WES T E,RMEYE
;omrnlssion Number 154385
v' Cont`, Exp FEB. 1, 2017
CITY OF DUBUQUE,
IOWA
OFFICIAL NOTICE
NOTICE IS HEREBY
GIVEN that the Dubu-
que City Council will
conduct a ° public..'
hearing at a meeting to
commence at 6:30 p.m.:`
on August 17; 2015, in
the Historic Federal
Building Council. Cham
bers (second floor),
350 West 6th Street on
the following:
Itez®nings.
Request by .ILD
Investments, LLC to
modify the zoning,;
condition ; applied ":; to
property located at 900
Seippel Road regarding
fencing. „.
Written comments
regarding ` the above
public hearings may be
submitted to the City
Clerk's Office on or
before said time of
public hearing. At said
time ' and,, place of
public hearings all
interestedcitizens' and
parties will be given an
opportunity to. 'be'
heard for or against
said actions.
Copiesof supporting
documents for the
public hearings are on
file in. the City Clerk's
Office and may be
viewed during regular
working hours.
Any visual or hearing ((
impairedpersonsneed:
ing special assistance
or persons with special
accessibility needs
should contact the City
Clerk's Office at (563)
589-4100 or TTY (563)
690-6678 at least 48
hours prior to the
meeting.
Kevin S. Firnstahl,
CMC, City Clerk
at 8/7
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: August 21, 2015, and for which the charge is $16.77.
&71-01449
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this .:=2 74;3 day of , 20 /5 .
OFFICIAL
PUBLICATION
ORDINANCE NO. 52-15
AN ORDINANCE
AMENDING TITLE 16
OF THE CITY OE
DUBUQUE CODE ' OF
ORDINANCES, UNI-
FIED DEVELOPMENT
CODE, BY . RECLAS-
SIFYING HEREIN-
AFTER ` DESCRIBED`
PROPERTY LOCATED',
AT 900 SEIPPEL ROAD,
FROM'. CSC COMMER-
CIAL SERVICE AND
WHOLESALE DIS-
TRICT WITH CONDI-1
TIONS TO CSc COM-
MERCIAL SERVICE'
AND WHOLESALE'
DISTRICT WITH CON -1
DITIONS AS ESTAB-
LISHED IN THE
ATTACHED MEMOR-
ANDUM OF AGREE
MENT.
NOW, THEREFORE, BE
IT ORDAINED BY THE
CITY COUNCIL OF THE
CITY OF DUBUQUE,
IOWA:
Section 1. That Title
16 of the City of
Dubuque Code of
Ordinances, Unified
Development Code, is
hereby i amended by
reclassifying the here-
inafter described pro-
perty from CSc Com-
mercial. Service and
Wholesale District with
conditions to CSc
Commercial Service
and Wholesale District
with conditions, to wit:
Lot 1 Seippel Road
Commercial Park #4,
and to centerline of
the adjoining public
right-of-way, all in the
city of Dubuque, Iowa.
Section 2. " The
foregoing amendment
has heretofore been
reviewed by the Zoning
Advisory Commission
of the City of Dubuque,
Ionia
Notary Public in and for Dubuque County, Iowa.
Section 3. This
ordinance shall take
effect immediately
upon publication, as
provided by law.
Passed, approved and
adopted this 17th day
of August, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S.
Firnstahl, City Clerk'.
Published officially in
the Telegraph Herald 11.
newspaper on the 21st
day of August, 2015.
/s/Kevin S. Firnstahl,
City Clerk
1t 8/21
9a�s"RY K. WE$T w
orniiilssion Number i
�1y Comm. Exp, FEE3. 1
EYER
64885
2017