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Request to Rezone - Seippel Court Commercial Park_Lammers_Hearing Copyrighted July 17, 2017 City of Dubuque Public Hearings # 1. ITEM TITLE: Request to Rezone -Seippel Court Commercial Park (8180 Seippel Road) SUMMARY: Proof of publication on notice of public hearing to approve a request from Brian Lammers to rezone Lot 9 of Seippel Court Commercial Park(8180 Seippel Road)from CS Commercial Service and Wholesale to AG Agricultural and the Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at the end of Seippel Court from CS Commercial Service and Wholesale District to AG Agricultural District 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 Suggested Motion Wording Supporting Documentation Proof of Publication Supporting Documentation Planning Services Department THE CITY OF Dubuque City Hall 50 Dubuque, e,IA 520 D B E 11AmencaC'i Dubuque,IA 52001-4864 U (563)589-4210 phone (563)589-4221 fax Masterpiece on the Mississi i (563)690-6678 TDD pp planning@cityofdubuque.org July 10, 2017 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street DubuquelA 52001 Applicant: Brian Lammers/Seippel Road, LLC Location: Lot 9 of Seippel Court Commercial Park Description: To rezone property from CS Commercial Service and Wholesale to AG Agricultural 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 The applicant spoke in favor of the request, indicating that the area that includes Seippel Court is not served by City sanitary sewer service. He indicated the existing buildings on Seippel Court utilize a septic system that has no additional capacity to serve Lot 9 of Seippel Road Commercial Park. The applicant indicated it was his understanding that there were no plans to extend City sanitary sewer to the site. He said rezoning the property to AG Agricultural District will allow him to lease the land for agricultural production. Staff reviewed the staff report, noting the location of the property, surrounding zoning and land use. Staff reviewed the allowed uses in the existing CS Commercial Service and Wholesale District and proposed Agricultural District. Staff noted that the closest residence is 375 feet away and is buffered from any potential agricultural activity by existing buildings and landscaping. Staff noted a call had been received from an adjacent property owner, who did not express any concerns. There were no public comments. The Zoning Advisory Commission discussed the request, asking if the existing CS District allows for row crops. Staff responded the CS District does not. The Commission discussed the viability of the existing zoning and likelihood that the zoning could be changed in the future. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 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, Thomas Henschel, Chairperson Zoning Advisory Commission Attachments cc: Gus Psihoyos, City Engineer Service People Integrity Responsibility Innovation Teamwork THE CCM of City of Dubuque ■T T� L Planning Services Department i..�V E Dubuque, IA 52001-4805 Masterpiece on the Mississippi Phone: 563-589-4210 Fax: 563-589-4221 planninaacityofdubuoue org PLANNING APPLICATION FORM ❑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 Choose one ❑Limited Setback Waiver ❑Minor Site Plan ❑Historic Revolving Loan ❑Demolition WRezoning/PUD/ID ❑Major Site Plan ❑Historic Housing Grant ❑Port of Dubuque Design Review Please type or print legibly in in Propertyowner(s): Seippel Road LLC Phone: 563-557-3820 Address: 8180 Seippel Court Dubuque City: q State: IA Zip:52002 Fax#:563-583-8334 Cell #: 563-599-3388 E-mail: lauralhammel@aol.com Applicant/Agent: Brian Lammers Phone: 563-599-3388 Address: 8180 Seippel Court Q Dubu ue IA 52002 City; State: Zip: Fax#:563-583-8334 Cell #: 563-599-3388 E-mail: lambo64@mchsi.com Site location/address:8180 Seippel Court Neighborhood Association: N/A Existing zoniCS AG N/A Proposed zoning: District: Landmark: ❑ Yes 0 No Legal Description (Sidwell parcel ID#or lot number/block number/subdivision): 0936277013 Total property(lot)area (square feet or acres): 5.9 Acres Describe proposal and reason necessary (attach a letter of explanation, if needed): We wish to rezone to agricultural use because there is not city sanitary sewer to service the ground for commercial use. CERTIFICATION: I/we,the undersigned, do hereby certify/acknowledge that: 1. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants. 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 wri and aphic materials are attached. Property Owner(s): Date: 5/25/17 Applicant/Agent, �ni1�/// Date: 5/25/17 FOR OFFICE USE ONLY—APPLICATION SUBMITTAL CHECKLIST Fe e'�: /J/03•oo Received by: Z;VDate:S'30* 1pocket: 6 t. cti' I Z 3 8 .t.., •. s ' (� � «1 THE CITY OF Dubuque &TE Masterpiece on the Mississippi zqm mu•zmr Vicinity Map ` ( City of Dubuque jApplicant: Brian Lammers Location: 8180 Seippel Court s Description: To rezone from CS Commercial Service and Wholesale to AG Agricultural Legend ® Applicant Property { 200 Foot Notification Area ® Notified Properties ®City limits Dubuque County OISCLTIMER:This lnformallon wascompiled using the Oobuque Area Geogrephic lntormellan System(OA.'i.'.an includes data created Ey born the Clly al Musque and Dubcque County.II is underAood that,while the City of Dubuque and"dri atlnq eyendes'Band the mostcurcent Al and secure"formation aveueble.CoCIS and its soppaers do 'V o net restraint the i v curran.,of r o cordata eomenedh ThCly dp m o I g y ashaunM ee ilhae. bl r rd ct,'d ll 'd equanfal ( 'r pan lma e p Id g n m r bI of use oums data ar me"en ly to use htn s data or out of any e�eaen ofw r,hey wbetsoe�er. NLq�lcrc-rated by Clty of l]u 6ucµls GIS s(af(A REZONING STAFF REPORT Zoning Agenda: July 5, 2017 Property Address: Lot 9 of Seippel Road Commercial Park Property Owner: Brian Lammers Applicant: Same Proposed Land Use: Agricultural Proposed Zoning: AG Existing Land Use: Vacant Existing Zoning: CS Adjacent Land Use: North — Storage/Contractor's Shop Adjacent Zoning: North — CS East —Vacant/Contractor's Shop East— CS South — Agricultural South — County R-1 West—Vacant West— Hlc/LI Former Zoning: 1934—County AG; 1975 — County AG 1985 — County M-1 w/conditions Total Area: 5.9 acres Property History: The property was vacant or under agricultural production until its annexation in 2003. Subsequently the property has been rezoned to CS Commercial Service and Wholesale district, subdivided and rough-graded and remains vacant. Physical Characteristics: The subject property is an approximately six-acre parcel with approximately 70 feet of frontage along Seippel Court at the northeast corner of the property. The subject property drops from the high point at the Seippel Court access to its low point along the property's southern border directly adjacent to the Brehm farm. Concurrence with Comprehensive Plan: The Comprehensive Plan goals include promotion, protection and preservation and enhancement of the city's prairies and natural areas, promotion of conservation practices and to encourage redevelopment or adaptive reuse of vacant or underutilized sites. The City's 2030 Future Land Use Plan identifies this area as commercial. Impact of Request on: Utilities: City water is available to the site currently. The water main is adequate to serve the proposed development. City sanitary sewer service is not available to this site or the adjacent commercial service and residential development to the north and east. Traffic Patterns/Counts: Based on 2013 IDOT counts, 3,410 average daily trips occur along Old Highway Road west of its intersection with Seippel Road, and Rezoning Staff Report - 8180 Seippel Court Page 2 2,600 vehicle trips occur along Seippel Road just south of the intersection with Seippel Court. Public Services: Existing public services, except sanitary sewer, are adequate to serve the site. Environment: Staff does not anticipate any adverse impact to the environment provided adequate erosion control and sustainable farming practices are followed during any agricultural activity on the subject property. Adjacent Properties: The proposed change from current CS Commercial Service and Wholesale district to AG Agricultural district should have very limited impact on adjacent properties. The abutting county property to the south is a mix of pasture and contour cultivated farm land and the abutting lot to the east is a detention area that accommodates runoff from the Seippel Court properties. The nearest residence is approximately 375 feet north of the subject lot and is buffered from potential agricultural activity by vegetative screening and an intervening mini- storage facility. CIP Investments: None proposed. Staff Analysis: The applicant is requesting to rezone the subject property from CS Commercial Service and Wholesale district to AG Agricultural district. The parcel is approximately six acres in size and is accessed from the western terminus of Seippel Court. The property has approximately 72 feet of frontage along the cul-de-sac. Seippel Court is approximately 660 feet long and adjoins Seippel Road, which is built to collector street standards. Seippel Road has direct access to Old Highway Road and eventually to U.S. Highway 20. The property slopes from its high point at the northeast corner, falling gradually to the south toward the Brehm Farm. The subject property was annexed in 2003 and, at that time, was rezoned from County M-1 with conditions to CS Commercial Service and Wholesale district. The property directly adjacent to the west of the subject property was rezoned from LI Light Industrial to HI(c) Heavy Industrial with conditions. The subject lot shares approximately 370 feet of adjacency with the newly rezoned Heavy Industrial property and 291 feet of adjacency with existing LI property. The adjacent LI property must remain open space if the Hlc property is developed as a salvage yard. The subject property was included in the City's annexation study as part of Area 4. Area 4 is comprised of a total of 530 acres. The Annexation Study proposed approximately 424 acres of area for industrial development, while the balance of 106 acres was for park and open space. Rezoning Staff Report - 8180 Seippel Court Page 3 Copies of the CS district and AG district regulations are attached to this staff report. The CS district has 42 permitted uses, primarily contractor shops for such things as wholesalers, small engine repair, and landscaping. Processing and assembly is also permitted in a CS district. The AG district has a limited number of uses that include the raising of field crops and livestock, horticulture, aquaculture and non-commercial greenhouses. A farm house or residence would not be allowed on this lot as it does not meet the minimum size requirement established in the Unified Development Code's AG district. The abutting county property to the south is a mix of pasture and contour cultivated farm land and the abutting lot to the east is a detention area that accommodates runoff from the Seippel Court properties. The nearest residence is approximately 375 feet north of the subject lot and is buffered from potential agricultural activity by vegetative screening and an intervening mini storage facility. The proposed change from current CS Commercial Service and Wholesale district to AG Agricultural district should have very limited impact on adjacent properties and generate very little traffic relative to the potential commercial uses allowed in the CS district. Staff does not anticipate any adverse impact to the environment provided adequate erosion control and sustainable farming practices are followed during any agricultural activity on the subject property. Staff recommends the Commission review the criteria established in Section 6-1.1 of the Zoning Ordinance regarding granting a rezoning. Prepared by: Csrly — Reviewed: _;.II / ate: G 2$ Section 2—Land Use Regulations Article 5: Zoning Districts 5-21 AG Agriculture The AG District is intended to conserve farm land for agricultural purposes and to serve as a"holding"zone to prevent the premature development of large land acreages and of recently annexed land for which the most appropriate future use has not yet been deter- mined. 5-21.1 Prohibited Uses Farm,field crops The following uses are prohibited in the AG district: 1. Feedlot 2. Livestock confinement operation 5-21.2 Principal Permitted Uses The following uses are permitted in the AG district: 1. Farming and agriculture, including the raising of field crops and livestock,horticul- ture,forestry, animal husbandry, and similar farming activities 2. Noncommercial nursery 3. Railroad or public or quasi-public utility, including substation 5-21.3 Conditional Uses The following conditional uses may be permitted in the AG district, subject to the provi- Farm,livestock sions of Section 8-5: 1. Kennel 2. Retail sale of agricultural products 3. Wind energy conversion system 4. Winery r — — 5-21.4 Accessory Uses The following uses may be permitted as accessory uses as provided in Section 3-7: 1. Barbed wire or electric fences when used for livestock containment 2. Barn, shed or similar structure h 3. Seasonal sale of produce grown on site 4. Single-family detached dwelling,provided it is located on a lot of 10 acres or more and is incidental and subordinate to an active agricultural use it serves 5. Wind turbine(building-mounted) Winery 5-21.5 Temporary Uses Temporary uses shall be regulated in conformance with the provisions of Section 3-19. 5-21.6 Parking *�Y §, ' Minimum parking requirements shall be regulated in conformance with the provisions t of Article 14. 5-21.7 Signs Signs shall be regulated in conformance with the provisions of Article 15. Seasonal sale of produce grown on site SHEfJryOF DuB E Section 2—Land Use Regulations Article 5: Zoning Districts 5-21.8 Bulk Regulations Reserved for future use i •---- ----------------------i ------------------ ( �—Midpoint ' Property Line� ; Height Buildable Area Shed RooF ' Lot Widthf7771�11e�wjht Midpoint CJ Gable or Hip Roof �Deckhne S Lot I Height Area Mansard or Gambrel Roof ' I � Highest Level I—Lot Frontage Height Street _ Street -El_ at Roof mecrrvor DUB E Prepared by: Laura Carstens. City Planner Address: City Hall. 50 W. 13th St Telephone: 589-4210 Return to: Kevin Firnstahl. Citv Clerk Address: City Hall- 50 W. 13th St Telephone: 589-4121 ORDINANCE NO. 35-17 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT THE END OF SEIPPEL COURT FROM CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT TO AG AGRICULTURAL DISTRICT 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 amended by reclassifying the hereinafter—described property from CS Commercial Service and Wholesale District to AG Agricultural District, to wit: Lot 9 of Seippel Road Commercial Park, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That 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. Passed, approved and adopted this 17th day of July, 2'17. 1-74 ‘), Roy D. Buol, Nlyor Attest: Kevin t. iirnstahl, City Clerk /.O !1 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION j 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: July 7, 2017, and for which the charge is $17.82. CITY 0,DUBUQUE, Subscribed to before m , otary Public in and for Dubuque County, Iowa, IOWA ` this day of , 20 Nor�iceL"o neCeby given that the Dubuque City" Council will, conduct a public hearing ata meeting to commence at 6:00 p.m. on Monday, _July 17, 2017; in,;,-the ;Historic Federal Building'Coun cil Chambers::(second NotaryPublic in and for Dubuque Count Iowa. floors 35o West 6th q Y� Stre2t, on the fol- lowing: Re on Request from Brian Lammers,,; to` rezone- , property' at 8180 Seippel from GS Com- mercial Service and Wholesale, to AG +"' MARY K WESTERMEYER Agricultural; Commission Number 154805 Copies of supporting documents for the My Commission Exp,Feb.1,2020 public hearings are on file in the City Clerk's Office and may be viewed during. normal. working hours.;', . Written comments l regarding the above r public,hearings may be submitted_to the City,_', Clerk's Office,50M.43 Street, on or before,11 said.: time of public hearing. At said time' and place of public hearings all interested, citizens. and , parties Will ' be given.-. an, opportuhity 'to ,be heard ifor or; against said'actions. Any visuaUor'hearing r impaired persons need ing special assistance, or persons with special,', accessibility' needs should contact the City- Clerk's.Office at (563) 589-4100, or 'TDD/TTY I (563)'690-6678 at.least 48`,h9grs prior to the meeting. Kevin S.Firnstahl,e CMC,City Clerk it 7/7 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 Brian Lammers 8180 Seippel Ct. Dubuque IA 52003 Dubuque AIFAmatoCity 1111x' 2007 • 2012 • 2013 RE: City Council Public Hearing — Rezoning Request Dear Applicant: Masterpiece on the Mississippi July 6, 2017 The City Council will consider your request to rezone property located at the end of Seipp& Court at a public hearing on Monday, July 17, 2017, at 6:00 p.m. in the City Council Chamber, Historic Federal Building, 350 W. 6th Street. The plat is on the agenda as a Consent Item. Consent Items are placed at the beginning of the meeting and are voted on with a single motion by the City Council. Consent Items are not voted on separately unless requested by a Council member. Please contact the Planning Services Department at (563) 589-4210 if you need more information or have any questions. Sincerely, Kyle L. Krit Associate Planner Kevin Firnstahl, City Clerk Service People Integrity Responsibility Innovation Teamwork 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: July 21, 2017, and for which the charge is $15.16. Subscribed to before mea Notary Public in and for Dubuque County, Iowa, this ,41if,J' day of , 20 '7 . et -4) Notary Public in and for Dubuque County, Iowa. MARY K WESTERMEYER Commission Number 154885 My Commission Exp. Feb. 1, 2020 OFFICIAL PUBLICATION ORDINANCE NO. 35-17 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED JbEVELOP ' MENT' ::'' COL BY „REt I-'ASS_1(Y NHERE INAFTER; 'DESCRIBED PR.OPtiRTY,^„ �;LO.CTED AT 'THE,;MI.END'.OF• SEIPPEL''C,QURT FROM C5':EONIMERCIAL SCR- VICE'ANDWHOLESALE DISTRICT.; TO' AG AGRICULTURAL. DIS- :'TRICT' 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 amended by reclassifying, the her-, einafter-described, pro- perty from CS Com- -mercial-^ SeFvice,- and Wholesale ,'District to -10,, Agricultural` Dis- trict, to wit:'; Lot;„9 of Se_ippel-Road Commercial 'Park,'and to.the centerline of the adjoining` public right-, of -way, all in the:City of DubLique,lowa.> Section' 2:"'That) the foregoing amendinent has heretofore been reviewed by. the Zohing Advisory Commission of City of Dubuque, Iowa. ' Section" 3.' '1-his Ordrrianee t ally.- ake_,, effect 'iiieditel !; providd PaSd;i and ddpt4d kJi Yt day era:/s/Roy:D: B0ixMayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the ;Telegraph Herald" newspaper on the 21st day of July, 2017. , /s/Kevin S. Firnstahl, City Clerk 1t 7/21