Request to Rezone_Kress Industrial Facility Old Hwy Road RR LineTO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Conditional Rezoning -- Kress Industrial Facility
DATE: June 11, 2008
As directed by City Council, Planning Services Manager Laura Carstens has provided a
revised ordinance for conditional rezoning of property owned by Toby Kress.
The additional condition reads, "That a minimum of 200 evergreens shall be planted
along the west and south sides of the property as depicted on Exhibit A."
~~~-
Mic ael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
THB CITY OF ~ Dubuque
--~
DUB E '~"~~~
1 1
Masterpiece an the Mississippi
2007
TO: Michael Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager ~.
SUBJECT: Conditional Rezoning -- Kress Industrial Facility
DATE: June 11, 2008
This memorandum transmits a revised ordinance for conditional rezoning of property
owned by Toby Kress, Kress Industrial Facility, south of Old Highway Road and west of
the railroad line, from County R-1 Residential District to City AG Agricultural and LI Light
Industrial Districts in conjunction with annexation to Dubuque.
After reviewing the written and televised records, Planning Services staff has
determined that the condition is: "That a minimum of 200 evergreens shall be planted
along the west and south sides of the property as depicted in Exhibit A". The condition
is listed on the enclosed Memorandum of Agreement under Performance Standards.
Exhibit A is the enclosed map entitled Conceptual Layout.
This rezoning request is scheduled for its third and final ordinance reading at the June
16, 2008 City Council meeting.
Please let me know if you have any questions or need more information.
Enclosures
Prepared by: Laura Carstens. Citv Planner Address: Citv Hall. 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider. Citv Clerk Address: Citv Hall- 50 W. 13`" St Telephone: 589-4121
ORDINANCE NO. 40-08
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED SOUTH OF OLD HIGHWAY ROAD FROM
DUBUQUE COUNTY R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO CITY OF
DUBUQUE AG AGRICULTURAL DISTRICT AND LI LIGHT INDUSTRIAL DISTRICT
CONCURRENT WITH ANNEXATION, WITH CONDITIONS.
Whereas, Kress Industrial Facility, property owner, has requested rezoning
concurrent with annexation to the City of Dubuque in accordance with Section 2-3 of
Appendix A (Zoning Ordinance) of the City of Dubuque Code of Ordinances; and
Whereas, this request has been found to be consistent with the Comprehensive
Plan and the Future Land Use Map of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (Zoning Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying the hereinafter described property from
Dubuque County R-1 Single-Family Residential District to City of Dubuque R-1 Single-
Family Residential District and LI Light Industrial District as shown on Exhibit A
incorporated herein by reference, with conditions, to wit:
Lot 3 Kunde Place #2, Dubuque County, Iowa, that is proposed to be
annexed to 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, and at such time that the herein described property is legally annexed
into the City of Dubuque, Iowa.
Passed, approved and adopted this 16th day of June 2008 .
Attest:
Janne F. Schneider, City Clerk
Roy D. BuolMayor
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5 (2007), and as an express condition of
rezoning of the property described as:
Lot 3 Kunde Place #3, 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. 40-08 , 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) Performance Standards
1) That a minimum of 200 evergreens shall be planted along the west and
south sides of the property as depicted in Exhibit A.
B) 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.
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 (30) days of the adoption of Ordinance No.
40 -08.
D) 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.
E) This Agreement shall be binding upon the undersigned .and his/her heirs,
successor and assignees.
F:\userslmelinda\wp\council\ordinances\kress industrial facility rezoning concurrent with annexation with
conditions.doc
ACCEPTANCE OF ORDINANCE NO. `~~" 08
I, Toby Kress, Kress Industrial Facility, having read the terms and
conditions of the foregoing Ordinance No. ~/4 ~. -08 and being familiar with the
conditions thereof, hereby accept this same and agree to the conditions required
therein.
Dated in Dubuque, Iowa this ~~~ day of ~~.<~ 2008.
~ ~
Toby Kress
Kress Industrial Facility
CONCEPTUAL LAYOUT EXHIBIT A
RESIDENTIAL & COMMERCIAL LOTS
LOT 3 OF KUNDE PLACE N0. 2
SECTION 36, CENTER TOWNSHIP
DUBUQUE COUNTY, IOWA ~"~
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PROPOSED ZONING AG
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'3j EVERGREEN
LOT J KUNDE PLACE N0. 2
PARCEL NO. 0936326002
~~5 75.43 AG FRpA RIGHT OF WAY LINE
\~ OWNER/DEVELOPER: KRESS INDUSTRIAL FACILITY LLC
TORY KRESS
12996 ENGLISH MILL ROAD
DUBUQUE, iOWA 52003
PHONE N0. 213-1 667
® I1W ENGINEERS & ... e..n, ~..:
IAT 9 s....,,~.:
SURVEYORS
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,
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. EUNDE PLACE N0. 2 !ASS
n n.e. msuouc
u ~ i^uu,rwv., SECTION 98 -CENTER SLIP.
. DUBU UE, CO.
LOT 3 KUNDE PLACE N0. 2
PRESENT USE: CORN, BEAN k HAY FIELD
LINE TABLE
LINE LENGTH BEARING
L1 2312.72 N00.01'22'w
L2 3!9.89 N32'S1'08'E
L3 139.75 N72'l3'S9'E
L4 172.54 N46'S7'20'E
LS 206.35 N22'4B'OS'w
L6 674.69 N6B'27'1TE
L7 186.39 N66'l6'2SE
L8 114.27 N66'l6'25'E
L9 35.95 S00'21'36'E
L10 225.07 S00'21'36'E
L11 217.70 S00'2P36'E
L12 559.73 S00'25'00'w
L13 282.94 N89'09'46'E
' L1a 738.50 S22'27'a2'W
L15 235.06 S00'03'S1'E
CURVE TABLE
CURVE LENGTH RADIUS
C1 100.39 442.26
C2 1973.11 3207.00
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Planning Services Department
City Hall
50 West 13th Street
Dubuque, IA 52001-4864
(563) 589-4210 phone
(563) 589-4221 fax
(563) 690-6678 TDD
planning@cityofdubuque.org
THE CITY OF DUBUQUE
Masterpiece on the Mississippi
Dubuque
All-American City
2007
April 9, 2008
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
Applicant: Toby Kress, Kress Industrial Facility (reconsideration)
Location: South of ®Id Highway Road and west of railroad line
Description: To rezone property from County R-1 Residential District to City AG
Agricultural District and LI Light Industrial District, in conjunction with
annexation.
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.
®iscussi®n
The applicant's representative spoke in favor of the request, reviewing the area to be
rezoned to Light Industrial, proposed buffer to adjacent properties, existing topography,
and the need for Light Industrial property with rail access.
Staff reviewed previous requests for rezoning of the subject parcel, permitted uses in
the LI and Agricultural districts, available City industrial land, and site plan review
procedures.
There were several public comments. Speakers spoke in opposition to the request,
citing concerns regarding negative impacts on access, traffic, erosion, safety, noise,
potential pollution and property values. A letter from the Dubuque County Board of
Supervisors and a petition in opposition were received and filed. Two letters in support
from adjacent business were received and filed.
The Zoning Advisory Commission discussed the request, with some members
concerned about proximity of the proposed light industrial zoning to existing residential
dwellings, that the existing residential zoning is still valid, and that extensive grading of
the site is necessary.
Recommendati®n
By a vote of 4 to 2 the Zoning Advisory Commission recommends that the City Council
deny the request.
Service People Integrity Responsibility Innovation
The Honorable Mayor and City Council Members
Page 2
A super majority vote is needed for the City Council to approve the request. A simple
majority vote is necessary to concur with the Commission's recommendation to deny.
Respectfully submitted,
Eugene Bird Jr., Chairperson
Zoning Advisory Commission
F:\USERS\Kmunson\WP\City Council\2008\CC 04_21_08\Rezoning Kress Industrial Facility CC Itr 04_21_08.doc
Service People Integrity Responsibility Innovation Teamwork
Prepared by: Laura Carstens. Citv Planner Address: Citv Hall. 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider. Citv Clerk Address: Citv Hall- 50 W. 13`" St Telephone: 589-4121
ORDINANCE NO. -08
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED SOUTH OF OLD HIGHWAY ROAD FROM
DUBUQUE COUNTY R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO CITY OF
DUBUQUE AG AGRICULTURAL DISTRICT AND LI LIGHT INDUSTRIAL DISTRICT
CONCURRENT WITH ANNEXATION.
Whereas, Kress Industrial Facility, property owner, has requested rezoning
concurrent with annexation to the City of Dubuque in accordance with Section 2-3 of
Appendix A (Zoning Ordinance) of the City of Dubuque Code of Ordinances; and
Whereas, this request has been found to be consistent with the Comprehensive
Plan and the Future Land Use Map of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (Zoning Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying the hereinafter described property from
Dubuque County R-1 Single-Family Residential District to City of Dubuque AG
Agricultural District and LI Light Industrial District, to wit:
Lot 3 Kunde Place #2, Dubuque County, Iowa, that is proposed to be
annexed to 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, and at such time that the herein described property is legally annexed
into the City of Dubuque, Iowa.
Passed, approved and adopted this day of 2008 .
Roy D. Buol, Mayor
Attest:
Kevin S. Firnstahl, Assistant City Clerk
F:\USERS1Kmunson\WP\Boards-Commissions\ZAC\Ordinances_Resolutions\Ordinances_ResolutionsUcress industrial facility
ordinance 03 24 08.doc
Gty of Dubuque
ri-~ crnr of Planning Services Department
DU~ E Dubuque, IA 52001-4864
Phone:563-589-4210
PLANNING APPLICATION FORM
G~ Fax: 563-589221
~~~~
^ VarianceRezoning ^Simple Site Plan !Annexation
^Conditional Use Permit ^Planned District
^Appeal ^Preliminary Plat ^Minor Site Plan
^ Major Site Plan ^Temporary Use Permit
^Certificate of Economic Non-Viability
^Special Exception ^Minor Fnal Plat ^ Major Final Plat ^Certificate of Appropriateness
^Limited Setback Waiver ^Text Amendment ^Simple Subdivision ^Other:
Please tvoe or print legibly in ink
'
Property owner(s): ;--,- ~. ~ ~. ,.,~~ . ~ -(:~ ,- /' ~ ~~ r
a r ,~ ~~, ~ ~ ~ Phone: ~~ ~ ~ 13 ! ~'~ `7
- -
Address: ~ ,~~~~ ~ ~1)I-',l_ ,s!_ ut. U,~ Cty: '~, I„ State:.Z~~ Zip:. ~-,~ ~?i ~
Fax Number: 5~~' ~58~ ~f~ ~/ Mobile/Cellular Number: ``:c ->-~ c~
ApplicantJAgent: 1~~~~ /I ~!`r{ y-~ Phone/ ~ c
Address: city: State:- Zip:
Fax Number: ,Mobile/Cellular Number:
~~ ,., _
Site location/address: ~ i ~-~1 S C; 5 .-~
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.
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Existing zoning: ~~ !. Proposed zoning: ~~/-T-ii Itoric District: , } ~
rV~~ Landmark: ~l J
Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): ~~ ~i ~~' _s ~~ ~ ~.~~
~. I,
Total property (lot) area (square feet or acres): !~~ ~~ ~~ 1~/`G~`" `- c~ ~~ .
Describe proposal and reason necessary (attach a letter of explanation, if needed): =fit t%1 vLt' ~'
(' ~ )`7 L'-~~~V~C~ ~~ ~~;t ~.~,-~~~ t"~ b`~~ ~Gwt t~~~.~, ~~ ~ 1G, IL: t'- ~.L f~~G~l ~ ~'?C-~ E~ a ~~ ~ ~ I~~- ~ -~',
CERTIFICATION: I/we, the undersigned, do hereby certify that:
i. 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 and graphic materials are attached.
_ Property Owner ~ - ,Date: / ~ _ ~~'_ t ~ __
Applicant/Agent:
Date:
FOR OFFICE USES ONLY,: lAPPL-ICATION SUBMITTAL CHECKLIST
Fee: ~j`if'i-v`ee~ Received by:~~~~+-tz~~ef f- c.~~C:i.._~ .Date: l~`~"G ~ Docket:
^Site/sketch plan ^Conceptual Development Plan ^Photo ^Improvement plans
^Design review project description ^Floor plan ^Plat ^Other:
R /~'1~'/~Ak
April 2, 2000
To: Members of the Zoning Commission
Re: Re-Zoning of a approximately 70 acre parcel on Old Highway Road
We are asking for your approval of a zoning change from R1 to LI and Ag. In
making your decision, please consider the following points:
1. Visibility is good. There is on access road into & out of this parcel of land.
One access will help with the ingress & egress concerns. (Reference photo
#1)
2. There is no future Residential development. Additional land will be re-zoned
to Ag.
3. By re-zonng to Ag, the owner has supplied the land for the buffer zone, not
the neighbor.
~. By changing the elevation of the land, it will help reduce any noise.
(Reference photo #2)
5. There is a demand for LI land with a rail access, there is currently none
available. (Reference photo #3)
6. We have the support of all the adjoining commercial property owners, along
with several of the Residential.
Respectfully,
Greg J. Adams
~~~ Advantage Realty
4029 Pennsylvania Avenue
Dubuque, Iowa 52002
Office: (563) 588-3078
Fax: (563) 588-1799
Each Office Independently Owned and Operated
THE CITY OF DUBUQUE
Masterpiece on the Mississippi
Legend
CONCEPTUAL LAYOUT
RESIDENTIAL & COMMERCIAL LOTS
LOT 3 OF KUNDE PLACE N0. 2
SECTION 36, CENTER TOWNSHIP
DUBUQUE COUNTY, IOWA
~a~ 0 ~® IVOAtl
500-Year Flood Boundary
100-Year Flood Boundary
Zone Designations°~°
100-Year Flood boundary
500-Year Flood Boundary
Base Flood Elevation Line ~5~3
With Elevation In Feet**
Base Flood Elevation in Feet (EL 987)
Where Uniform Within Zone**
Elevation Reference Marl< ~M7X
Zone D Boundary
River Mile ®M1.5
*Referenced to the National Geodetic Vertical Datum of 1929
I~
r~)C~LANA~"0®N ®~ Z®N~ ®~S9GNA~0®NS
ZONE EXPLANATVON
A Areas of 100-year flood; base flood elevations and
flood hazard factors not determined.
AO Areas of 100-year shallow flooding where depths
are between one (1) and three (3) feet; average depths
of inundation are shown, but no flood hazard factors
are determined.
A@-9 Areas of 100-year shallow flooding where depths
are between one (1) and three (3) feet; base flood
elevations are shown, but no flood hazard factors
are determined.
A'0-A30 Areas of 100-year flood; base flood elevations and
flood hazard factors determined.
A99 Areas of 100-year flood to be protected by flood
protection system under construction; base flood
elevations and flood hazard factors not determined.
L~ Areas between limits of the 100-year flood and 500-
year flood; or certain areas subject to 100-year flood-
ingwith average depths less than one (1) foot or where
the contributing drainage area is less than one square
mile; or areas protected by levees from the base flood.
(Medium shading)
C Areas of minimal flooding. (No shading)
® Areas of undetermined, but possible, flood hazards.
~/ Areas of 100-year coastal flood with velocity (wave
action); base flood elevations and flood hazard factors
not determined.
V'I-V30 Areas of 100-year coastal flood with velocity (wave
action); base flood elevations and flood hazard factors
determined.
NOTES TO USER
~~ . I
~J
REZOiVIIVC STAFF REPORT Zoning Agenda: 12/05/07
..... .....
Property Address: South of Old Highway Road and west of rail line (Lot 3 Kunde Place
#2)
Property Owner: Kress Industrial Facility
Applicant: Toby Kress
Proposed Land Use: Industrial/Agricultural
Existing Land Use: Agricultural
Adjacent Land Use:
North -Residential/Ag
East -Industrial/AG
South -Agricultural
West -Agricultural
Former Zoning:
Proposed Zoning: Light Industrial
AG Agricultural
Existing Zoning: County R-1
Adjacent Zoning: North -County R-1
East - Hlc
South -County R-1
West -County R-1
1934 -County; 1975 -County; 1985 - CountyTotal Area: 75.5 acres
Property History: The subject property has been used for agricultural purposes.
Physical Characteristics: The subject property is farmland that is located on the south side
of Old Highway Road and principally drains to the southeast.
Concurrence with Comprehensive Plan: Goal 8.4 of the Economic Development Element
of the 2002 Comprehensive Plan states, "Annex additional land, as necessary and as
possible, to accommodate projected commercial and industrial expansion." The 2030
Future Land Use Map designates this parcel for rural density residential development.
Impact of Request on:
Utilities: The property can be adequately served by the City water main that exists
along Old Highway Road. City sanitary sewer service is approximately one mile away
and terminates on the south side of the landfill property.
Traffic Patterns/Counts: The subject property is west of the intersection of Seippel
Road and Old Highway Road. Based on 2005 IDOT vehicle counts, Seippel Road
carries approximately 1,520 ADT (Average Daily Trips) and Old Highway Road carries
approximately 1,450 ADT.
Public Services: Existing public services are adequate to serve the property as it
develops for industrial purposes.
Rezoning Staff Reporf -Kress Industrial Facility
Page 2
-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: The impact to adjacent properties most likely will be through an
increase in the ambient light level and-noise levels depending on the nature and
intensity of any future industrial uses on the subject property.
CIP Investments: None proposed.
Staff Analysis: The Zoning Advisory Commission initially held a public hearing on this
application at the February 20, 2008 meeting. The Commission voted 3 to 1 in favor of fibs
request; however, the Zoning Ordinance requires that rezonings be approved with ~
affirmative votes. The requested rezoning would have gone on to the City Council with a
recommendation to deny. The applicant requested that the Zoning Advisory Commission
reconsider their motion at the Commission's March 5, 2008 meeting. The Commission
granted the request and directed that the application be put on the April 2, 2008 meeting
agenda and that the surrounding property owners be re-notified. A copy of the February 20,
2008 minutes is attached to this staff report for Commission members' information.
The applicant is now requesting rezoning the approximately 75 acres of property from
County R-1 Single-Family Residential to City AG Agricultural District and LI Light Industrial
District concurrently with annexation to the City of Dubuque. The proposed area to be zoned
LI Light Industrial District is adjacent to the existing rail line encompasses 47.8 acres of the
75.5 acres included in the request. When the Commission reviewed this rezoning request at
the February 20, 2008 meeting, the applicant's request was to rezone the parcel to LI Light
Industrial District (27.9 acres) and R-1 Single-Family Residential District (47.6 acres). The
applicant's original request was to rezone the entire 75.5 acre parcel to LI Light. Industrial
District.
The subject property is located on the south side of Old Highway Road and immediately west
of an existing industrial;park that includes Addoco, Inc. and Dyersville Ready Mix, Inc. The
property is bordered on its west by existing agricultural property and to the northwest by an
existing residential subdivision in Dubuque County. There is also an existing tank farm to the
northeast of the parcel.
The applicant has requested light industrial zoning as the district provides a sufficient range
of allowed uses to effectively market the properly to area businesses. In addition, the
property is adjacent to a rail fine with the potential to create a rail spur to serve the subject
property. A copy of the LI Light Industrial District standards is attached to this staff report.
The area proposed for rezoning to City R-1Single-Family Residential District is currently
zoned County R-1 and Conservancy. The City of Dubuque Zoning Ordinance does not have
a Conservancy District; however, the subject area could be rezoned to POS Public Open
Space. The POS District allowed uses are limited to open space and passive recreation. A
copy of the POS District standards is attached to this staff report.
Rezoning Staff Report -Kress Industrial Facility
Page 3
The subject property is included in the 2006 Annexation Study Update and is part of Area P,
which is located west of the City of Dubuque. The majority of Area P is undeveloped and
used for agricultural purposes.
Planning Services staff recommends that the Zoning Advisory Commission review the
criteria for rezoning requests contained in Section 6-1.1 of the Zoning Ordinance.
Prepared by:. /~~ 4 Reviewed: atJ~ Date: 3 •~S•®~
,/~ -
~~
F:\USERS\Kmunson\WP\Boards-C mmissions\ZAC\Staff Reports\ZAC Staff Reports 2007\Kress Industrial Facility Rezoning
1_21_08.doc
THG CITY OF ~g^~^{~ DtDbilglt@
"~" 'Y ~a 1,~rtcictltsCiryp
Mastei•~tira° nii tlrc MississiE>~N
20#)7
MINUTES
~Ot~IINC ADl~ISOR'f COMMISSION
REGt=11~A~ SESSi9N
Wednesday, February 20, 2008
6:30 p.m.
City Council Chamber, 1-iistoric Federal Building
350 W. 6th Street, Dubuque, Iowa
PRESENT: Chairperson Eugene Bird, Jr.; Commissioners Ron Smith, Charles Miller and Jeff
Stiles; Staff Members Kyle Kritz and Wally Wernimont.
ABSE°P: Commissioners Martha Christ, Stephen Hardie and Diclc Schiltz.
CALL T'® ®RDER: The meeting was called to order at 6:30 p.m. by Chairperson Eugene Bird
Jr: _.
AFF[®AVIi° OF COMPLIANCE: Staff presented an Affidavit of Compliance verifying that the
meeting was being held in compliance with the Iowa Open Meetings Law,
MINUTES: The minutes of the January 2, 2008, meeting were approved unanimously as
submitted.
ACT'tON ITE (PLAT ®F SI~VEY: Application of City of Dubuque for approval of the Plat of
Survey McFadden Farm Place located south of Chavenelle Road and east of Dubuque
Industrial Center West.
Staff Member Kritz presented the staff report. He explained that this is a plat of survey that wil!
be subdividing off a strip of land that is adjacent to an existing railroad. He indicated that the
submitted plat of survey facilitates the construction of a future rail spur.
The Commission discussed the request and felt it is appropriate.
Motion by Smith, seconded by Stiles, to approve the Plat of Sunray McFadden Farm Place.
Motion carried by the following vote: Aye -Smith, Bird, Miller and Stiles; Nay -None.
PUELIC hfEARING1RE~f3Nlh~GtKRESS: Application of Toby Kress, Kress Industrial Facility
__
(tabled from January 2, 2008) to rezone property located south of Old Highway Road and west
of railroad line from County R-1 Residential Districtto City R~1 Single-Family Residential District
and L..I Light Industrial District, in conjunction with annexation.
Motion by Miller, seconded by Smith, to bring the agenda item back to the table. Motion carried
by the following vote: Aye -Smith, Miller, Stiles and Bird; Nay -None.
Minutes ~-Zoning Advisory Commission
l=ebruary 20, 2008
Page 2
Greg Adams, Remax Realty, spoke representing the applicant, Toby Kress. Mr. Adams
explained that this ent[re site is approximately 75 acres and that the request will rezone
approximately 27 acres of the site. He expla[ned that the request is to rezone the 27 acres from
County R-1 Residential D[str[ct to City LI bight Industrial District. The remaining portion of the
land will stay as agricultural [and to Brea#e a bufferfrom the adjacent agricultural and residential
(and. Mr. Adams distributed a handout to the Zoning Advisory Commiss[on explaining that the
handout is addressing a letter from the Dubuque County Beard of Supervisors. He noted #hat
there is only one access to the property off of Ofd Highway Road. He said that the entrance
point will provide plan#y of visib[I[ty to see oncoming vehicular traffic when entering onto O!d
Highway Road. Ne explained that there were two [afters of support submitted in the packetfrom
the adjacent industrial properties in favor of the rezoning. He said that the elevation of the [and
far the light industrial site will change. They will eut into the hillside approximately 35 feet and
create a bow[ effect which will contain the light industrial. He explained that the property [s
currently zoned Coun#y R-1 Residential and said it is very difficult to sell land for residential
development that is nex# to railroad nigh# of way.
Beverly Metcalf,15S93 McClain Lane, Peosta, spoke in opposition to the request. She said that
her property borders the west side of the proposed rezoning. She voiced concerns with noise,
pollution and traffic. She also expressed concern about the maintenance of an agricultural
fence #hat borders the property. She said that some of the neighbors were not notified of the
rezoning request.
S#aff Member Kritz explained the notification procedure for rezoning requests.
Anna O'Shea, Dubuque County Zoning Administrator, 13047 Gity View Drive, noted that this
request came before the County Board of Supervisors last year. She explained that the Board
of Supervisors had concerns with industrial [and located next to res[den#ial property. She said
that the Board also had concerns wi#h noise and traffic and that the Dubuque County band Use
Map shows the area as rural residential.
Gary Johnson, 12089 Cottingham Road, said his property is locoted south of the proposed
rezoning. He spoke in opposition #o the request. He stated his concerns with the 200 foot
notification process.
William Chesterman,12485 Cattingham, Peosta said his property is located across the railroad
tracks from the proposed rezoning site. He spoke in opposition to the property being annexed
and rezoned. He said he has concerns with s[te visibility of the driveway access on#o Old
Highway 20. He said he has concerns with property values and ground water contamination.
He also stated concerns with the applicant coming back at a later date and rezoning the
remaining land to L.I Light lndustrial if this application is approved. He distributed a petition with
signatures in opposition to the request.
Joe Vize, 12055 Cottingham Road, spoke [n opposition to the request. He felt there should be
no concern with build[ng residential homes next #o a railroad. He explained that the land is
Minutes -Zoning Advisory Commission
February 20, 2t3U8
Page 3
surrounded by County R-1 zoning. He had concerns with runoff from the property going through
a culvert underneath the railroad and onto his property. He explained that a portion of the [and
[s in a conservancy. He said the City should Look into whether or not the police can adequately
cover the additional land to be annexed.
Ryan Burk, 708 Melinda Drive, Peosta, stated that the rezoning of this land from County R-1
Residential to City L[ Light Industrial [s primarily for rail access. He said that Dubuque currently
has a shortage of rail access to properties. He explained the property is bordered by industrial
uses, primarily the Apex Concrete Co,, Addoco Pallet Co., and the tank farm located across Old
Highway Road. He explained that the rezoning [snot unreasonable to rezone from County R-'t
to City LI.
Greg-Adams said that the existing pallet company, Addoco, was built [n 1991 and that the tank
farm has been located at the present site since the 1950x. He explained that the rezoning will
not affect the adjacent property values. He explained that there are few properties in Dubuque
County fhat have rail access. He explained that the property will be required to be developed to
the City of Dubuque's standards. He said that there is a gas pipeline tha# transacts the property.
Chairperson Bird asked how the property was to be rezoned. Mr. Adams said that the proposed
rezoning is for I[ght industrial and that the remaining )and to the west will be rezoned #o
agricultural Commissioner Miller asked if the access road to the propertywill crass the pipeline.
Mr. Adams said thatthe access road will cross overthe pipeline. He explained that the pipeline
goes diagonally across the entire property. Commissioner Miller asked if screening will be
installed. Mr. Adams said that the property borders agricultural [and and the railroad and that
screening will probably not be necessary.
Chairperson Bird asked that the letters from Chad C. Tharer, Apex Concrete and Steve Roddam
of Addoco, Inc. be read into the record.
Staff Member Kritz reviewed the staff report. He said that the applicant's request was for
annexation concurrent with rezoning of the property. He said that it is the responsibility of the
Zoning Advisory Commission to review rezoning. He explained that the City Council will hear
the annexation and rezoning requests at a future meeting. He explained that the area fhat had
been requested to be rezoned to City R-1 is now being proposed by the applicant to be rezoned
to AG -Agricultural District.
Ghairperson Bird asked about the existing commercial and industrial properties and the
elevations in relation to the proposed site. Staff Member Kritz referred to an aerial photo that
was included in the packet. He discussed the surrounding land use and the proximity to existing
industrial land uses, railroad and adjacent farmland. He explained that Gity water service is in
the process of being extended to the Alter Scrap site to the east of the subject property. He said
that whoever develops the property will be required to extend the water main to the site. He said
due to the sanitary sewer being a long distance away, property owners would have to work with
Minutes -Zoning Advisory Commission
February 20, 2008
Page ~
the City's Health and Engineering Departments for installation of temporaryseptic systems until
sanitary sewer can be provided to the sites.
Commissioner Stiles discussed that the site is being developed for rail access. He said that
there is adequate visibility to see on-coming traffic on Qld Highway Road. He discussed that
there is adequate buffer between the residential/agricultural land to the west and the proposed
light industrial area. Commissioner Miller agreed with Commissioner Stites and said the City
has a need far property with rail access.
Commissioner Smith felt that #here is a need for a greater buffer. He voiced concerns with the
property being rezoned to Light Industrial and having the buffer rezoned at a later date.
Commissioners. discussed whether or not a buffer can be permanent.
Staff Member Kritz stated that property owners in the State of Iowa have the right to apply for
rezoning at any time. Commissioner Stiles said that they need to make it clear in the minutes
that the intent is to have the buffer remain.
The Commission discussed the buffer land being rezoned toeither R-9, AG or Open Space. Mr.
Adams said that he has discussed with his client about placing a deed restriction on the land
that would be located to the west of the light industrial area to guarantee that it remain a buffer.
Commissioner Stiles requested that the area located to the southwest and south be rezoned to
Public Open Space. Commissioner Stiles discussed rezoning the buffer land to Public Open
Space and Agriculfural.
Motion by Stiles, seconded by Smith, #o approve the rezoning to Ll, PAS and AG. Motion
denied for failure to receive 4 affirmative votes: Aye -Miller, Stiles and Bird; Nay -~ Smith.
PUBLIC NEARINCtRE~ONI~tGtI~GR DEVELOPERS LLC: Application of Martin
McNamer/NCR Developers t_LC to rezone property located along Creek Wood Drive {Lot 3
Timber-Hyrst Estates-Phase [l) from R-3 Moderate Density Multi-Family Residential to C-2
Neighborhood Shopping Center District.
Terry Mozena,1036 W. 3~d Street, represented the applicant, Marty McNamerJNCR Developers,
LLC. He explained that the request is to rezone Lot 3 Timber-Hyrst Estates-Phase ll from R-3
to C-2. He explained that the property will provide amenities to the expanding. residential
subdivision.
There were no public comments.
Staff Member Kritz presented the staff report. He referred to the Plat of Timber-Hyrst Estates-
Phase Q. He explained that the applicant is proposing to rezone the property to C-2 in order to
provide services to the residential subdivision. He explained that typically, G-2 zoning is
Minutes --Zoning Advisory Commissian
February 24, 2008
Page 5
adjacent to residential property. He explained the permitted uses that are allowed in a C-2
zoning district.
Comrnissianer Miller said That having commercial business in the area would be a neighborhood
amenity. Chairperson Bird said that given the size of the property, it will limit the number of uses
that could actually locate on the approximately 1 acre parcel.
Mr. Mozena said that the property will be a community development gathering place far the
residential area.
Commissioner Stiles referred to a list of permitted uses. The Commission discussed that the
gas station would be the only negative impact at this (ocat[on,
Motion by Miller, seconded by Stiles, to approve the rezoning request with the condi#ion that
automated gas station and gas station be removed from the list of permitted uses. Motion
carried by the following vote: Aye -- Smith, gird, Miller and Stiles; Nay -None.
PUBLIC BARENCIR~ZCNING11U1ABR~GIEGAN., Application of Mabreg/Kar[n Fgan to rezone
property located at 741/747 Davis Street from R-1 Single-Family Residential District to R-2 Two-
Family Residential District to accommodate construe#[on of a duplex.
Staff Member Wernimont explained that the applicants were not able to attend the meeting due
to weather.
The Zoning Advisory Commission decided to hear the request.
There were no public comments.
Staff Member Wernimont reviewed the rezoning request. He explained that the current property
at 701 Davis Street has twa mobile homes located on the site. He expfained that the property is
non-conforming because: 1) mobile homes are not allowed in an R-1 District; 2} two separa#e
residential units are not permitted on one lot; 3} neither mobile home meets required setbacks;
and 4) neither mobile home meets the required off-street parking space. He expfained that the
applicants had been before the Zoning Board of Adjustment in order to receive approval far
setbacks for construction of a duplex at 701 Davis Street. He explained that the Zoning Board
of Adjustment has approved the construction of a duplex. He said that the duplex would provide
the required amount of off-street parking. He explained the property at 747 Davis Street is a
duplex that is zoned R-'[ Single-Family Residential District. He explained that historically the
property used to be zoned R-Z until 1985 when it was rezoned to R-1. He explained .that
approval of the rezoning would bring the two proper#ies into conforming status.
The Zoning Advisory Commission reviewed the proposed changes to the property, removal of
the mobile homes and provisions for off-street parking. Chairperson Bird discussed placing a
Minutes -Zoning Advisory Commission
February 2d, 2008
Page 6
condition that the mob[le homes would need to be removed and to preserve as many of the
trees on the site as possible.
Mot[on by Bird, Seconded by Mii[er, to approve the rezoning request with the following
cond[tions: 1) That the mobile homes must be removed from the property; and 2) to preserve as
many of the trees as passible on the site. Motion carried by the fallowing vote: Aye --Smith,
Miller, Stiles and Bird; Nay-None.
PUBLIC l~{EARIt~tCalAtVl~N®PU®1®Ul3UC~UE'fEGI-€NOLt`}GY PARK;. Application of the pity of
Dubuque to amend the Dubuque Technology Park PUD Planned Unit Development with a Pl
Planned Industrial Designation to revise the list of permitted uses, modify regulations for
setbacks, lot coverage and loading docks, and to provide for maintenance assessments for
maintaining public areas.
David Heiar, Economic Development Director, expla[ned the request to the Commiss[on. He
explained that #here wil! be severs[ changes to the Dubuque Technology Park Ordinance. He
sold that when the Dubuque Technology Park was developed, the City had very little land for
industrial and warehousing uses. He said that the C[ty currently has several sites available for
industrial and warehousing uses. He discussed eliminating the warehouse and industrial uses
from the technology park ordinance and making same other modifications. He explained that
the Econom[c Development Department has met with all the property owners in the Dubuque
Technology Park and that they are in favor of the proposed amendment to the ordinance.
Commissioner Stiles asked about available (and fiorwarehous[ng and industrial uses throughout
the C[ty. Staff Member Heiar explained that there is available land in the Dubuque Industrial
Center West and the development of the North Siegert Farm site.
Brian- Arna(d, 10355 lake Eleanor F~oad, voiced concerns with the existing storm water
detention basin located in the Dubuque Technology Park property and the lack of a bike/hike
trail tha# has not yet been built. .
Staff Member Heiar rebutted, explaining the plan does include a walking and biking path that will
go around the Technology Park. He said that it is part of the five-year Capita[ Improvement
Plan. He explained that he is not aware of issues with the storm water detention basis.
Staff Member Kritz presented the staff report. He explained that a walking/hiking trail is part of
the Dubuque Technology Park plan. He d[scussed the proposed changes to the Ordinance. He
also explained that some industrial uses have been eliminated from the Technology Park. He
said that licensed childcare centers have been added and that the PUD will be split into two
zones known as Zane A and Zone B. He explained that in Zone B, retail, drycleaners, banks
and automated banks located within a main building onlywould be allowed. He said stand alone
restauranfis would be allowed in Zone B. He explained that they have removed the requirement
for lot sizes and street frontages. He explained that they have changed the maximum lot
coverage from 75% to 80% and have removed the building height requirement. He expla[ned
Minutes -Zoning Advisory Commission
February 20, 2008
Page 7
that some of the rear yard setbacks along the east side of the park have been changed from
- 100 feet to 25 feet. He said that performance standards and covenants have been added to the
Ordinance. He explained that they have removed the exterior storage allowance for properties
in the area.
The Commission was in support of the proposed amendments to the PUD. Commissioner Miller
indicated that the increased amenities, especially a restaurant, for the Technology Park is a
great idea.
Motion by Smith, seconded loy Miller, to approve the rezoning as submitted. Mahon carried by
the following vote: Aye -Miller, Stiles, Smith and Bird; Nay-- None.
ITEMS FROM C~11~MlS~I~N: The Commission discussed that they are excited about the
___
possibility of creating a new neighborhood commercial distr[ct for new subdiv[sions s[mi[ar to the
McNamer request. They discussed allowed uses [n a C~2 zoning district. They recommended
that staff begin adding this into the Unified Development Code to encourage these
neighborhood commercial areas.
AtJJ9f1RNMENT: The meeting adjourned at 8:30 p.m.
Respectfully submitted,
~jUf (,C t~ ~~G~~i~ti ~-~~> ~U ~
Kyle ~. Kritz, Associa`fe Planner Adopted
F:\USERSIKmunsonlWPlBoards-CommissionslZACtMinuteslZAC Minutes 20081ZAC Min 02 O6 O8.doc
S~~'I'I®I®T 3. I)IS7'I2IC'I'~ I~~ITIaA'I'I1~f
3-5 Speeial Purpose I)istricts~
3-5.1. AG A~rieultural ~istriet;
(A) General Purpose And fJescription: The AG district is intended to conser`~e farm land for
agricultural purposes anal to serge as a "holding" zone to pre~rent the premature development
of large land acreages and of recently anne~Pd land for which the most appropriate f~~ture use
has not yet been determined. In order to promote these purposes, the regulatio?~ ~ for this
district. allow a very limited range of uses so that the present development character of the
land may ire maintained and fi2ture development options preserved pending comprehensive
study and analysis of the area.
(B) Prin~~ipal Permitted ?Ises: The follovng uses shall be permitted in the AG district:
(1) Agricultural use, including the raising of field crops ai-~d livestock, horticulture, forestry,
animal husbandry, and similar farming activities.
(2) Railroads and public or quasi-public utilities including substations.
(~) Noncommercial nursery.
(~-) Reserved for future use.
(C) Accesso: y Uses: The following uses shall be permitted as accessory uses as provided in
section 4 of this ordinance:
(1) Single-family dwelling, provided it is located on a tot of teri (10) «cres or more a_nd is
incidental and subordinate to an active agricultural use it serves.
(2) Barbed wire fences when used for livestock containment.
(3) Barns, sheds and similar structures.
(4) Seasonal prod~zce saps of products ~°aised on site.
(D) Conditional Uses: Reserved for i~t-ir~re use.
(E) Temporary Uses: Reserved for ~ tt~.=:re ~:~se.
(F) Bulk Regulations: Reserved for f-u+i~re tzse.
(G) Parking Requirements: Reseave~~ fVr r~.iture use.
(H) Signs: R~,~e~~ved for fut~.~re ;.use.
~1C~'I'I®~ Jo I~I~'I'I2IC~ JLA~tJ~LLJ a ~~~I®~~
3-~. Industrial I)ist~icts:
3-4.1. ICI Light Industrial is~ri~to
(A) General Purpose And Description: The LI district is intended to provide for a variety of uses
associated primarily in the conduct of light manufacturing, assembling and fabrication,
warehousing, wholesaling and commercial service operations that require adequate
accessibility to transportation facilities. This district is designed to accommodate the
expansion of existing uses and provide for infill of vacant properties but is nit generally
intended to be an expandable district other than through the use of a planned unit
development district as provided in section 3-5.5 of this ordinance.
(B) Principal Permitted Usesl: The following uses shall be permitted in the LI district:
(1) Railroads and public or quasi-public utilities including substations-[47].
(2) General offices-[14}.
(3) Medical/dental lab-[8].
(4) Personal services-[14].
(5) Off street parking lot-[n/a].
(6) Gas station-[18].
(7) Grocery store-[17].
(8) Bakery (wholesale/commercial)-[19].
(9) Indoor restaurant-[20}.
(10) Drive in/carryout restaurant-[28].
(11) Bar/tavern-[20),
(12) Automated'gas station-[18}.
(13) Service station-[21].
(14) Drive up automated bank teller-[8}.
(15) Self service car wash-[8]..
(16) Animal hospitaUclinic-[23].
(17) Furniture upholstery repair-[18].
(18) Business services-[29].
(19) Banks, savings and loans, and credit unions-[31].
(20) Vending/game machine sales/service-[19].
(2I) Indoor recreation facilities-[37].
(22) Mail order houses-[23].
(23) Lumberyards/building materials sales-[19].
(24) Construction supplies, sales and service-[19].
(25) Printing and publishing-[32].
(26) Moving/storage facilities-[33].
(27) Full service car wash-[8].
(28) Auto service centers-[34].
(29) Auto sales and service-[38].
(30) Auto repair/body shop-[35].
(31) Truck sales, service and repair-[39].
(32) Farm implement sales, services and repair-[39].
(33) Auto parts/supply-[17].
(34) Mobile home sales-[40].
(35) Motorcycle sales/service-[41].
(36) Boat sales/service-[40].
(37) Recreation vehicle sales/service- [38].
(38) Vehicle rental-[47].
(39) Upholstery shop-[42].
(40) Parking structure-[n/a].
(41) Personal-[29]/business services- [14].
(42) Contractors shop/yard-[33].
(43) Wholesale sales/distributor-[29].
(44) Freight transfer facilities-[44].
(45) Fuel and ice dealers-[33].
(46) Agricultural supply sales-[19].
(47) Cold storage/locker plant-[15].
(48) Packing and processing of meat, dairy or food products, but not to include
slaughterhouses or stockyards-[33].
(49) Compounding, processing, and packaging of chemical products, but not including highly
flammable or explosive materials-[33].
(SO) Manufacture, assembly, repair or storage of electrical and electronic products,
components, or equipment-[33].
(Sl) Laboratories for research or engineering-[33].
(52) Warehousing and storage facilities-[33].
(53) Manufacture or assembly of musical instruments; toys; watches or clocks; medical,
dental, optical, or similar scientific instruments; orthopedic or medical appliances; signs or
billboards-[33].
(54) Manufacturing, compounding, assembly or treatment of articles or products from the
following substances: clothing or textiles; rubber; precious or semiprecious stones or metals;
wood; plastics; paper; leather; fiber; glass; hair; wax; sheet metal; concrete, feathers; fur; and
cork, but not including the manufacture of such raw substances as a principal operation-[33].
[ ]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:
(1) Group daycare center provided that:
(a) Forty (40) square feet of indoor floor area (excluding halls and bathrooms) is provided
per child in areas occupied by cribs;
(b) Thirty five (35) square feet of indoor floor area (excluding halls and bathrooms) is
provided per child in areas not occupied by cribs times the licensed capacity;
(c) Seventy five (75) square feet of fenced outdoor recreation space is provided per child
using the space at a given time;
(d) Such facility shall provide for the loading and unloading of children so as not to
obstruct public streets or create traffic or safety hazards;
(e) All licenses have been issued or have been applied for awaiting the outcome of the
board's decision;
(f) No group daycare center may be located within the same structure as any gas station,
bar/tavern, automated gas station or any facility selling, servicing, repairing or renting
vehicles;
(g) The parking group requirements can bemet-[8]; and
(h) The conditional use applicant certifies that the premises on which the group daycare
center will be located complies with, and will for so long as the .group daycare center is
so located, continue to comply with all local, state and federal regulations governing
hazardous substances, hazardous conditions, hazardous wastes, and hazardous materials,
including, but not limited to, Iowa Code chapter 455B (1991); 42 USC section 960.1 of
the federal comprehensive environmental response compensation, and liability act; 40
CFR section 302.4; and section 302 of the superfund amendments and reauthorization act
of 1986.
(i) If the applicant is subject to the requirements of section 302 of the superfund
amendments and reauthorization act of 1986, the emergency management director shall
certify whether or not the applicant has submitted a current inventory of extremely
hazardous substances kept or stored on the premises. If any such extremely hazardous
substances are kept or stared on the premises; the applicant shall also post in a
conspicuous place on the premises a notice indicating a description of the extremely
hazardous substances, and the physical and health hazards presented by such substances.
(2) Residential use, provided that:
(a) The building in which the residential use is to be located contains no existing
industrial use and will be prohibited from havirig an industrial use as long as the
residential use is active;
(b) A minimum of six hundred fifty (650) square feet of area be provided for each unit;
and
(c) The parking group requirements can be met-[6].
(E) Temporary Uses: Reserved for future use,
(F) Bulk Regulations:
(1) Maximum building height: one hundred fifty feet (150').
(G) Parking Requirements: See section 4-2 of this ordinance.
(IT) Signs: See section 4-3 of this ordinance.
~rtibrtic~~ce ~o~~t~
G.~OG~V'Gt!. O ~IiLL/~,/nel^(/G~O{^~
C®URTH®USE - 720 CENTRAL AVENUE
DUEUQUE, I®WA 52001-7079
PHONE: 563-589-4449
FAX: 563-587-3836
December 3, 2006
Dubuque City Council and Zoning Board
City Hall
50 West 13t'' Street
Dubuque, IA 52001-4864
Dear Mayor and Council members and Zoning Board members;
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ERIC MANTERNACH
WAYNE ®EMMER
We have recently been notified of a concurrent voluntary annexation public hearing and rezoning to L1,
Light Industrial for the Kress Industrial Facility. This area is approximately 75.43 acres of land, south of
Old Highway Road, currently county zoned as R-1, Residential and C-1, Conservancy.
Kress Industrial, LLC came before the Board of Supervisors on February 12, 2007 with an application to
rezone this property from R-1, Rural Residential to R-2, Single Family Residential and M-1, Industrial to
allow for residential and industrial development of the property. The zoning request was unanimously
denied by the Board of Supervisors.
In light of the recent effort by Kress Industrial, LLC to include the voluntary annexation and rezoning
efforts, we wish to reiterate our concerns. These concerns include the location of an industrial use
adjacent to existing and future residential development, the increase of industrial and residential traffic,
noise pollution associated with industrial development and public safety concerns with ingress and egress
of industrial truck traffic and additional residential traffic. In addition, this proposed development does
not follow our Dubuque County Future Land Use Development Map which is included in our Dubuque
County Comprehensive Plan.
We ask that you consider our concerns during this amiexation proposal and the possible subsequent
rezoning of this parcel.
Sincerely,
~.4:~ (~
Eric Manternach, Chairperson
Dubuque County Board of Supervisors
cc: Anna O'Shea
February 1.2008
Planning Services
City Hall
Second Floor
50 W. 13t~' St.
Dubuque, IA 52001
I~I~C~ I
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f ~ ' 1 {~~~ _ - - _ -
!~1 ~ i5_., ~~ ~-'~~__ U L~ ~ 12678 Industrial Court
,3 ~~"' ~_ Peosta, Iowa 52068
°~ ~ ~ PHONE - 563/557-1555
r F p 1 ~GQ~ ' ~ FAX - 563/556-2369
CI iY 0 Cils3L!!~J~
PL~NP!~•1G Sc~~1il(Jr:S Q;-PA,PT"SENT
Dear Zoning Advisory Commission:
My name is Steve Rodham. I am the president of Addoco Pallet co., which is located just
east of the Kress property, which has a public hearing for proposed rezoning on Wed.
Feb. 6, 2008. Addoco's properties are zoned H-1. With the understanding that the
current Kress property is zoned County R-1, we oppose any zoning that would adjoin a
City R-1 zoning up against a County H-1 zoned property.
We feel if this piece of property is developed residential, the possibility of future conflict
with the neighbors is greatly heightened because of the wide difference in zoning uses.
Sincerely,
Steve Rodham
President
FEB-@5-2@@8 13 28 REMAX ADVANTAGE REALTY
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Dubuque, IA 52001
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City of I7uhugrae Zoning Commisiota:
Apex Cat~cret~ supports the zaning change via Kress lridustrial L,I.C peoperty from R-1 to
Light Itldustrit~l.
stnc~T~ely,
~. C ~•.
Chad C. Thier
Apcx Concrete
TQTAL P.@2
We, the undersigned oppose the rezoning of Toby Kress's property from County R-1
Residential District to City LI Light Industrial District & City Agricultural District, in
conjunction with annexation
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conjunction with annexation
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Residential District to City LI Light Industrial District & City Agricultural District, in
conjunction with annexation
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COURTHOUSE - 720 CENTRAL AVENUE
DUBUQUE, IOWA 52001-7079
PHONE: 563-589-4441
FAX: 563-587-3836
May 16, 2008
Dubuque City Council and Zoning Board
City Hall
50 West 13t'' Street
Dubuque, IA 52001-4864
Dear Mayor and Council and Zoning Board members;
DONNA L. SMITH
ERIC MANTERNACH
WAYNE DEMMER
We have recently been notified of the May 19, 2008 public hearing on the voluntary annexation request
concurrent with rezoning to Ll, Light Industrial for the Kress Industrial Facility. This area is
approximately 75.43 acres of land, south of Old Highway Road and west of the Chicago Central &
Pacific Railroad line, currently county zoned as R-1, Residential and C-1, Conservancy. In addition the
proposed annexation includes approximately 16.17 acres of railway right of way and Dubuque County
right of way to the centerline of adjacent Old Highway Road.
Kress Industrial, LLC came before the Board of Supervisors on February 12, 2007 with an application to
rezone this property from R-l, Rural Residential to R-2, Single Family Residential and M-1, Industrial to
allow for residential and industrial development of the property. The zoning request was unanimously
denied by the Board of Supervisors.
In light of the recent effort by Kress Industrial, LLC to include the voluntary annexation and rezoning
efforts, we wish to reiterate our concerns. These concerns include the location of an industrial use
adjacent to existing and future residential development, the increase of industrial and residential traffic,
noise pollution associated with industrial development and public safety concerns with ingress and egress
of industrial truck traffic and additional residential traffic. In addition, this proposed development does
not follow our Dubuque County Future Land Use Development Map which is included in our Dubuque
County Comprehensive Plan.
We ask that you consider our concerns during this annexation proposal and concurrent rezoning of this
parcel.
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onna Smith, Chairperson ~ m
Dubuque County Board of Supervisors ~ ~= ~ ~
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cc: Anna O'Shea