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