Zoning Stewart M1 to LI & Annex,f
Planning Services Department
City Hall
50 West 13th S~reet
Dubuque, Iowa 52001-4864
(563) 589-~210 office
(563) 589~221 fax
(563) 690-6678 TDD
planrdng~cityofdubuque.or g
July 22, 2002
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
RE: Rezoning in Conjunction with Annexation
Applicant: Wayne & Lynn Stewart
Location: Old Highway Road
Description: To rezone property, in conjunction with annexation, from County
M-1 Industrial (with conditions) to City LI Light Industrial District.
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's representative spoke in favor of the request stating the subject property
borders a rail line and existing industrial property to the west. The property is not suitable
for residential development because of its close proximity to existing industrial property.
Staff reviewed surrounding zoning and land use. Staff reviewed allowed uses in the Light
Industrial District.
There were several public comments concerning the negative impact the proposed rezoning
to LI would have on property values, traffic and neighborhood safety.
The Zoning Advisory Commission discussed the request, noting that while there was a
mixture of industrial and residential land uses surrounding the subject parcel they did not
believe it was appropriate to expand industrial zoning east of the rail line.
Recommendation
By a vote of 7 to 0, the Zoning Advisory Commission recommends that the City Council
deny the request.
A simple majority vote is needed for the City Council to deny the request. A super-majority
vote is needed for the City Council to approve the request.
Respectfully submitted,
Eugene Bird, Jr., Chairperson
Zoning Advisory Commission
Service People hntegrity Responsibility Innovation Teamwork
Prepared by: Laura Carstens, City Planner Address: 50 W. 13th St., City Hall Telephone: 589-4210
ORDINANCE NO. -02
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY
OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED ALONG OLD HIGHWAY ROAD FROM DUBUQUE
COUNTY M-1 INDUSTRIAL WITH CONDITIONS TO CITY OF DUBUQUE LI LIGHT
INDUSTRIAL DISTRICT, CONCURRENT WITH ANNEXATION.
Whereas, Wayne and Lynn Stewart, property owners, have 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 (The Zoning Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying the hereinafter described property from Dubuque
County M-1 Industrial with conditions to City of Dubuque LI Light Industrial district, to wit:
Lot 1 of 2 of Mason Cate Estates, and to the centerline of the adjoining public right-
of-way, all in the City of Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the 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 2002.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Prepared by: LauraCarstens C' Planner Address: 50 W. 13th St.. City Hall Telephone: 589-4210
ORDINANCE NO. -02
AN ORDINANCE AMENDING APPENDIX A O'HE ZONING ORDINANCE) OF THE CITY
OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED ALONG OLD HIGHWAY ROAD FROM DUBUQUE
COUNTY M-1 INDUSTRIAL WITH CONDITIONS TO CITY OF DUBUQUE LI LIGHT
INDUSTRIAL DISTRICT, CONCURRENT WITH ANNEXATION.
Whereas, Wayne and Lynn Stewart, property owners, have 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 (The Zoning Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying the hereinafter described property from Dubuque
County M-I Industrial with conditions to City of Dubuque LI Light Industrial district, to wit:
Lot 1 of 2 of Mason Cate Estates, and to the centerline of the adjoining public right-
of-way, all in the City of Dubuque, Iowa;
Section 2. The foregoing amendment has heretofore been reviewed by the 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
2002.
Attest:
Terrance M. Duggan, Mayor
Jeanne F. Schneider, City Clerk
REZONING STAFF REPORT
Zoning Agenda: July 10, 2002
Property Address:
Property Owner:
Applicant:
Old Highway Road west of Seippel Road
Wayne and Lynn Stewart
Wayne and Lynn Stewart
Proposed Land Use: Industrial
Proposed Zoning: LI Light Industrial
Existing Land Use: Vacant
Existing Zoning: County M-I/Conditions
Adjacent Land Use:
North- Residential
East - Vacant
South - Agricultural
West- Industrial
Adjacent Zoning: North -County R-1
East - City R-1
South - County R-1
West- County M-2
Former Zoning:
County R-1
Total Area: 20 acres
Property History: The subject property was included as part the rezoning request
by the applicant in October 1999. The request at that time was to rezone the parcel to
MHI Modified Heavy Industrial concurrent with annexation to the City of Dubuque.
Previous to that request, the property had been in agricultural use.
Physical Characteristics: The property has been graded to accommodate future
development and has frontage on Old Highway Road.
Concurrence with Comprehensive Plan: The Land Use And Urban Design
Infrastructure And Economic Development elements of the Comprehensive Plan
include goals and objectives related to the need to annex and provide utilities to future
growth areas for industrial development. The 1995 Comprehensive Plan and Future
Land Use Map did not identify the subject property as a potential growth area; however,
the subject property was included in Area 4 of the 1997-1998 Annexation Study.
Impact of Request on:
Utilities: The property can be adequately served by extension of City water along
Old Highway Road. An 8~ sanitary sewer interceptor is approximately one mile
away and terminates near the south side of the landfill property. This sanitary
sewer would have to be extended to serve the subject property.
Traffic Patterns/Counts: The proposed property has frontage on Old Highway
Road. Average daily traffic counts from 1997 indicate there are 2,270 vehicle trips
on Old Highway Road.
REZONING STAFF REPORT Page 2
Public Services: Response time for City police, and fire will be the same or less
than response time for County and volunteer services. The City has identified that
an additional relocated fire station may be needed in the future as the community
develops to the west.
Environment: Storm water management will be required as part of the review
approval of any site development on this parcel. In addition, erosion control will
help prevent any adverse impacts to the environment.
Adjacent Properties: Development of the subject parcel for industrial businesses
will impact adjacent property through increased levels of automobile and truck
traffic. The land to the west is zoned County M-2, while the property across Old
Highway Road is zoned R-1 Rural Residential.
ClP Investments: None proposed.
Staff Analysis: The applicant is requesting annexation and rezoning for a 20-acre
parcel from County M-1 with conditions to City LI Light Industrial District. The property
has frontage on Old Highway Road and abuts the CNIX Railroad ~ht-of-way to the
west.
The proposed 20 acres of land 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 4 for industrial development, while the balance, 106
acres, was for park and open space.
The property is currently zoned M-1 with conditions in the County. This parcel was
recently rezoned by the County, with the condition that the uses allowed were restricted
to warehouse-type uses. The applicant is proposing rezoning of the parcel to LI Light
Industrial Distdct concurrent with annexation to the City. The applicant has indicated
that the M-1 with conditions is too restrictive for development of the land and the
rezoning to light industrial would provide a more marketable mix of allowed uses. A
copy of the light industrial district is attached for the Commission's review.
The subject parcel can be served by City water as it has been extended along Old
Highway Road by the applicant as part of the anticipated development of the easterly
25 acres. The City's sanitary sewer is located approximately a mile away at the south
side of the landfill property. The extension of sanitary sewer would be necessary to
facilitate development of the Light Industrial district. It has been the City's policy not to
allow commercial and industrial areas to develop on septic systems because of the
difficulty in designing a septic system that can handle the potential waste stream
produced by a commercial and industrial land uses.
The applicant has proposed, as part of this rezoning, that a buffer would be left along
Old Highway Road by not excavating the area adjacent to the roadway. The resulting
REZONING STAFF REPORT
Page 3
berm would be approximately 20-foot high and would screen the single-family homes
on the north side of Old Highway Road from any of the new uses within the proposed
area to be rezoned. The Zoning Advisory Commission does have the authority to place
conditions on rezoning requests to mitigate potential adverse impacts to adjacent
properties.
Staff recommends that the Zoning Advisory Commission review Section 6-1.1 of the
Zoning Ordinance that establishes criteria for the review of rezoning requests.
Prepared by: ~ Reviewed:
Date:~
County M-1
County M-2
County R-I
city
County R-1
AG
Proposed Area to be Rezoned
Railroad R-O-W
Applicant: Wayne & Lynn Stewart
Location: Old Highway Road
Description: To rezone property,
inconjnction with annexation,
from County M-1 (with conditions)
to City LI Light Industrial District.
~ Variance
[] CondlMonal Use Permit
~ Appeal
[] Special Exception
[] Umited Setback Waiver
PLANNI'NG APPLI'CAT%ON FORM
~oning
~3 Planned District
[] Preliminary Plat
[] Miner final fiat
[] Text Amendment
[] Simple Site Plan
[] Minor Site Plan
D Major Site Plan
[] Major Final Plat
[] Simple Subdivision
City of Dubuque
Planning Services Department
Dubuque, ZA 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
g,~nex~Mon
[] Temporary Use Permit
[] Certificate of Economic Non-Viability
[] Certificate of Appropriateness
[] Other:
Please tvoe or ~rint legibly in ink
Pmpertyowner(s): WA'f,v~-~ ~F Ly, v,~
Fax Number: ~ ~- ~/z/~
Phone: S~g - 4/4g~]~
City: ~ur3d~ug- State: /~/kZip: ~-2-oo4
Mobile/Cellular Number: ~-~o - o/o &
Phone:
City: State: Zip:
Applicant/Agent:
Fax Number: Mobile/Cellular Number:
S'rcelocation/address: ~ZD ~/~,z/~AY ~,~ u,~g$7- cF- .~g-/P?cz_ ,~,~
Existing zoning: /~-/~'~roposed zoning: Z. ~' Historic District: ~/A Landmark:
Legal Description (Sidwell ~parcel ID# or lot number/block number/subdivision):
Total property (lot) area (square feet or acres):
Describe proposal and reason necessary (attach a letter of explanaMon, if needed):
CEFT~F/CA'r/ON: Z/we, the undersigned, do hereby certify that:
1. The information submitl~d herein is t~ue and correc~ to the best of my/our knowledge and upon
submittal beo3mes public reo~rd;
2. Fees am not refundable and payment does not guarantee approval; and
3. All addiMonal required written anti__als are attached.
pmpa~y Owner(s): ~~-~ ~---~~ Date:
FOR OFF~CE USE ONLY -~APPLZCAI~ON SUBMll-rAL CHECKLZST
[] Site/sketx~ plan [] Concept~Devetc~nt Plan []Photo [~ Plat
[] Improvement plans [] Design review project description D Floor plan [~ Other:
C~TY OF DUBUOUE
JUN 0~ 2002
June 3, 2002
Honorable Mayor and City Council
City of Dubuque
50 West 13m Street
Dubuque, Iowa 52001-4845
Re: Request for Voluntary Annexation
Dear Mr. Mayor and Council Members:
Wayne and Lynn Stewart, as owners of the property, are requesting annexation to
the City of Dubuque. This property is located at the southwest comer of Seippel
Road and Old Highway Road, immediately adjacent to the current corporate
limits of the City of Dubuque, and contains 20 acres, more or less. The property is
currently zoned M-1 with conditions.
Annexation to the City of Dubuque and subsequent zoning to LI Light Industrial
is requested. The property is lower than Old Highway Road, tucked low in the
valley and not as visible as most of the adjoining land. This parcel also abuts the
railroad so a rail spur would also be a possibility.
The legal description for this property is Lot 1 of Lot 2 of Mason Cate Estates,
Dubuque County, Iowa
Thank you for your consideration in this matter.
Sincerely,
Wayne Stewart
DU54,9 CH-01 .TXT (1)
3-4.1. LI Light Industrial District:
(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 ~ransportation facilities. This District is designed to accommodate the
expansion of existing uses and provide for infill of vacant properties but is not generally
intended to be an expandable district other than through the use of a plarmed unit
development district as provided in Section 3-5.5 of this Ordinance.
(B) Principal Permitted Uses: The following uses shall be permitted in the LI District:
(1) Railroads and public or quasi-public utilities including substations-[47].
I2) General offices-[14].
(3) Medical/dental lab-[8].
(4) Personal services-[14].
(5) Off-street parking lot-IN/Al.
(6) Gas station-[18].
(7) Grocery store-Il 7].
(8) Bakery (wholesale/commercial)-[19].
(9) Indoor restaurant-J20].
(10) Drive-in/carry-out restaurant-J28]
( I 1) Bar/tavern-[20].
(12) Automated gas station-[18].
(13) Service station-[21].
(I4) Drive-up automated bank teller-[8].
(15) Self-service carwash-[8].
(t 6) Animal hospital/clinic-[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].
(21) Indoor recreation facilities-[37].
(22) Mail-order houses-[23].
(23) Lumberyards/building materials sales-[19].
DU549 CH-01 .TXT (2)
(24) Construction supplies, sales and service-[ 19].
(25) Printing and publishing-[32].
(26) Moving/storage facilities-J33].
(27) Full-service carwash-[8].
(28) Auto service centers-[34].
(29) Auto sales and service-J38].
(30) Auto repair/body shop-J35].
(31) Track sales, service and repair-J39].
(32) Farm implement sales, services and repair-J39].
(33) Auto parts/supply-[ 17].
(34) Mobile home sales-J40].
(35) Motorcycle sates/service-[41].
(36) Boat sales/service-[40].
(37) Recreation vehicle sales/service- [38].
(381 Vehicle rental-J47].
(39) Upholstery shop~J42].
(40) Parking strucrare-[N/A].
(4t) Personal-[29]/business services- 214].
(42) Contractors shop/yard-[33].
(43) Wholesale sales/distributor-J29].
(44) Freight transfer facilities-J44].
(45) Fuel and ice dealers-J33].
(46) Agricultural supply sales-Il 9].
(47) Cold s~orage~ocker plant-Il 5].
(48) Packing and processing of meat, dairy or food products, but not to include
slaughterhouses or stockyards-J33].
(49) Compounding, processing, and packaging of chemical products, but not including highly
flammable or explosive materials-J33].
(50) Manufacture, assembly, repair or storage of electrical and electronic products,
components, or equipment-J33].
(51) Laboratories for research or en~neering-[33].
DU549 CH-01 .TXT ',3)
(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; robber; precious or semi-precious 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 pnnclpal use it serves, but
specifically not to include any use listed as a principal permitted use in the HI Heavy,
Industrial District.
(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) Ail licenses have been issued or have been applied for awaiting the outcome of the
Board's decision;
(f) No group daycare cemer may be located within the same structure as any gas station,
bm/tavern, automated gas station or any facility selling, servicing, repairing or renting
vehicles;
(g) The parking group requirements can be met-[8]; and
(h) The conditional use applicant certifies that the premises on which the group day care
center will be located complies with, and will for so long as the group day care center is
so located, continue to comply with all local, State and Federal regulations governing
hazard6us substances, hazardous conditions, hazardous wastes, and hazardous materials,
including but not limited to Iowa Code chapter 455B (1991); 42 U.S.C. section 9601 of
the Federal Comprehensive Environmental Response Compensation, and Liability Act;
40 C.F.R. section 302.4; and section 302 of the Superfund Amendments and
Reauthorization Act of 1986.
(i) If the applicant is subject to the requiremems of section 302 of the Superfund
DU549 CH-01 .TXT (4)
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 stored 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.
(E) Temporary Uses: The following uses shall be permitted as temporary uses in the LI District:
(1) Batch plants (asphalt or concrete).
(F) Bulk Regulations:
(1) Maximum building height: 50 feet.
(2) Minimum size and/or rear yard setbacks: 10 feet + 2 feet per story over the first, but only
where the yard abuts a residential or office district.
(O)Parking Requirements: See Section 4-2 of this Ordinance.
(It)Signs: See Section 4-3 of this Ordinance.
.JUL-0~-02 M0N 08:i4 AM DBQ ZONING & HEALTH FAX:569 589 7868 PAGE 1
DUBUQUE COUNTY ZONING
13063 Seippel Road - Dubuque, IA 5200g-9687
Phone:568-~89-7827 '" Fax: 568489-7868
Fax
CCc
i-I Ur;lent [] For Revie~ r'l Ple;u;e Commont I-I Please Reply iq Ple~,soRecyclo
.JUL-08-02 I~0N 08:i4 AM DBQ ZONING & HEALTH FAX:563 589 7868 PAGE 2
Page 56
Zoning
such use ~vould be pcrmStted, unless the entrance or exit driveways for
vehicles are at lemst two hundred (200) feet or more from any previously
existing ~ssembly hall; theatre, public library, church, school, public
playground, public park or hospital.
(4) Park~g provisions rela~ed to number of employees shall be computed on the
basis of the number of employees .on the maximum work shift.
(5) Trailer e,mps shall be governed by the requirements of Part 6 of this
1-15.10 "M-I" INDUSTRIA~ DISTRICT
a PEKMITIED pP. EqCIPAL USES AND STRUCTURES . . .
All permitted uses ~ the "B-2" Distdc~ except residential. Minimum required
(1) off-street parking, same as in the "B-2" Disrric~
· · quimd parldng (fo
Automotive body repmrs. MS~imum re off-s~cet r each 150
(2) ..........
sqm~ro fe ca) .........
et of floor ar . - -: ...............
Cleaning, pressing and dyeing establishments. Minimum requL-ed off-street
O) l:mrking (for each 150 square feet of floor area) ..................... 1
(4) ~orrn~erclaI bakeries. M.i~mum lmquired off-street parking (for each
stature feet of floor area) ............................ f."'; i'"
C~ommeraial greenhouses. Minimum required off-street pm'long {,mr each
(S) .
1~0 square'.feet of floor area) ..................................
(6) Dism%utors..Mjmlmum requSred off-street parking (for each 150 square fee~
of floor area) ..................................
(7)Farm machinery. Minimum required off-s~e~t pa~king (for each 150 square
feet of floor area) ............................................ 1
(8)Food Iocker plants. Minimm required off-street p=king (for each 150
s~uare feet of floor area) ...................................... 1
Minimum required off-street parking (for each I50 square feet
(9) L~bommfies. . ......... 1
of floor area) ......................................
(!0) Machine shops. Minimum r~quirod off-street parking (for each 3 employees)
(I 1) Manufacture ~nd bottling of nonaIcoholic beverages. Minimum required
off-street parking (for each 3 employees) ......................... 1
(t2) Painting ~md prhxting. M~_~mum required off-street parking (for ~ach .3
employees) .................................................
(13) Publishing~ Mirdmm required off-street parking (for each 3 employees). 1
Storage md sale of machinery.and equipment. Minimum required
(I4) p~rking (for each 150 square feet of floor area) :. '2 ....~'" '~'-' ' '~; ....
(15) Trade ~nd contractors offices. ~um requkmct orr-srree~ pars:rog [mr each
300 square fee~ of floor area) ................................... I
(16) Warehous{ng and wholesaling. M~nimum required off-street par*ldng (for
each 3 employees) ............................................ 1
(17) Manufacturing, fabrication, packing, packaghag and assembly of products
,JUL-0~-02 M0N 08:14 AM DBQ ZONING & HEALTH FAX:56B 589 7868 PAGE
Zoning
(lS)
(I9)
(2O)
b
Page 57
from furs, glass, leather= metals, paper, plaster, plastics, textiles ~ud wood.
Min~mmn required off-street parking (for each 3 employees) ....... ,.. 1
Manufacturing, fabfieafion, processing, packaging and packing of
confections, cosmetics, elccu-ical appliances, electronic devices, food except
cabbage, fish and fish products, meat and meat products, and pea vining,
lr~en~S, jewelry, pharmaceuticals, tobacco and toiletries. Minimum
required off-street parking (for each 3 employec~) .................. 1
Utilities axe pertained Fcovided slracmrcs arc not less ~ fifty (50) feet
from any residential lot line. Minimum requked off-sa'eot parkiag .... 0
Public passenger ~-~spormtion ~mfinals ~r~ permiaed provided all principal
structures anc~ uses are not less than one hundred (100) feet from any
residential district boundary.
M~n~mum required off-street park~,~g (for each ~ 50 square feet of floor area).l
PERMrr'fBD~ACCBSSORY USBS AND STKUCTUR.BS
(1) Accessory buildings.
(2) Fences,
(3) Temporary buildings for uses iucidental to construction work, wMch
buildings shall be removed upon ~ompletion or abandoment of the
consumcfion work as determined by the Aclmlrdstmfive Officer. The..latter
shall Metude tra~lers and mobile homes used as offices and for tool storage
· . ·
(4) Dwelling units for watchmen or custodial employees on the premises.
SPECIAL PERMIT USES ANrD STRUCTURES TheBoard of Adjusunent may,
by special permit, authorize the following special permit uses and structures in
the "M-l" Distdt't, when anthorized in accordmuce v~th the requirements of
Section 1-93. A filing fee of twenty five ($25_00) dollars is required for each
application for Special permit.
(1) Sanitary Land Fills
· (2) Amusement Parks
(3) Cemeterlas or Mausoleums.
(4) Fak Ground.
(5) Radio, Television and Telephone Towem.
(6) Electric Power Sub~tatiom.
(7) Airports.
(~) Hospitals, Sanatoriums and Correctional Institu6ons
(9) Natural Gas Pumping, Metering or Storage Facili6es-
(10) S~'age Treatment Facilities and Lagoons.
(11) A single fan~ly residemtial unit may be allowed as a special pem~tted use for
custodial purposes wben the dwelling is occupied by the ovme~ of the
property or a family member aud when the are,%o'f the lot is three acres or
more. Any residential unit so placed shall be..r~qnired m meet the ~ethack
r~qukements of the adjacent residential or cqmmerc~al di~rict, if any, or the
manufacturing district where located, whichever is more res~ctNe. Such
jJUL-08-02 MON 08:14 AM DBQ ZONING & HEALTH FAX:56S 589 7868 PAGE 4
Zoning
Page 51
(3)
such tree would be permitted, unless the entrance or exit driveway~ for
vehicles are at least two hundred (200) feet or more from any previously
.existing ~ssembly hall, theatre, public library, church, school, pablie
playground, publio park or hospital.
parking pro~sions related to number of employees shall be computed on the
basis of the munbar of employees on the maximum work shift.
1-15.9 '
(2)
(3)
(4)
"B-2" HIGtIWAY BUSINESS DISTRICT
pERiVRTTED PRINCIPAL uSES AND STRUCTUKES
Bowling alleys. 1vfiniratlm required of&street paJking (for =ach alley)., 5
Bus depots and similar public transportation passengar facilities. Minimum
r~quired off-street pa~king (for each 150 ~qnare feet of froot ar~a)
Confe~one~es- Minlranm reqnired off. street parking (for each 150 sqnare
I
feet of floor area) .............................................
Drive-in Banks. Minimum requked off-street parking (for each 150 square
1
feet of floor area) .............................................
Drive-in establishments set'mag food o¢ beverages for consumpUon outrode
the structure. Minimum required off-st~eet parking (for each 150 square feet
of floor area) ............... · ................ 1
(6) Drive-in theatres, provided that a planting screen at least twenty-five (25) feet
wide is created along any side abutting a residmafial district. Minimum
required off-street parkh~g - storage land out,ldo of ticket booth to
accommodate ten (10) percent of the theatre capacity.
(7) Drug stores. Minimum required off-street parking (for each t50 square feet
of floor area) ................................................ 1
(8) Funeral Homes. Minimum required off-street parking (for each 150 square
feet of floor area) ............................................ 1
(9) Gift shops. Minimum required off-street parking (for each 150 square feet
of floor area) ................................................ 1
(10) Hotels and motels. Minimum ~quired off-street parking (for each guest
room) ..................................................... 1
AND (for each three employe~s) ................................
(11 ) Places of entertainment. Minimum required off-street parking (for each 150
1
square feet of floor area) ............................... . ........
(I2) Planned retail or professional office developments or shopping centers.
Minimum required off-street parking (for each 150 square feet of floor area).l
(13) Recreation centers, skating rinks, miniature golf courses and drivhag ranges.
Minimum required off-street parking (for each 150 square feet of floor area).l
(14) Restaurants. Min~mttm required off-street parking (for each 150 square feet
1
of floor area) ................................ ' .' ...............
(15) Sales and Service of farm implements provided sermce areas are within a
structure or building. Mirdmum required off-street parking (for each 150
square feet of floor area) ...................................... t
~UL=0~-02 MON 08:15 AM DBQ ZONING & HEALTH FAX:56~ 589 7868 PAGE 5
Page52
(16)
(17)
(is)
b
Zo~g
O)
(3)
Tourist homes, proxdded such is located on a State Trunk or U.S. numbered
highway. Minimum required offZstreet parking (for each guestxoom) .. t
AND (for each three ~mployees) ................................ 1
Trailer camps. Minimwm tequked off-street parking (for each trali~r spacc).l
Yehicle sales, service, washing and repair stations, garages, taxi stands aud
storage garages mud service smtiom. Minimum required off-street pa~klng
(for each 150 square feet of floor area) ........................... 1
pERMITTED ACCESSOP-Y USES AND STRUCTURES
Accessory buildiugs may be boilt in a required rear yard, but shall not occupy
more than forty (40) percent of~e rear yard; nor ~ said building be built
closer than eight (S) feet to any building mfless it is connected thereto;
accessory buildings shall comform to all side yard requkem~nts for the fail
depth of the lot mad shall not exceed the maximum height of the principal ·
building.
l:ences.
TempormY buildings for uses incidental to construction work, which
buildings shall be removed upon completion or abandonment of the
construction work as determined by the Administrative Officer. The latter
shall include trailers and mobile homes used as offices and for tool storage
ordy.
SPECIAL PEKMIT USES AND STF, UC'IRJKES The Board of Adjustment may,
by special permit, anflaorize the following special permit us~s and structures in
the "B-2" District, when authorized in accordance w/th the requir~nents of
Section 1-9.3. A f/ling fee of twenty five ($25.00) dollars is required for each
application for special permit.
(1) Sanitary Land Fills
(2) Amusement Parks
(3) Cemeteries or Mau..mleums.
(4) Fair Crrotmds.
(5) Radio, Tel~vision and Telephone Towers.
(6) Electric Power Substations.
(7) Airports.
(8) Hospitals, Sanatoriums and Correctional Ymstitutions
(9) Natmat Gas Pumping, Metering or Storage Facilities.
(10)
(11)
(12)
¢)
Sewage Treatment Facilities aud Lagoons.
Automotive body repairs, only when such body work is on cms offered for
sale by the vehicle sales business. [1-15.9c(11) amended April 1, 1985]
Temporary facilities for. the bulk mixing of cement and/or asphalt when
associated with approved road coastrumion projects. Such sites shall contain
a r~initumm of one (1) acre. The following special requirements m be
considered by ~e Board of Adjustment:
A site plan, indicating the proposed u~e, length of stay, off-street pafldng
and traffic circulation be submitted with the appropriate filing fee as
From: "Planning Se'vices" <planning~_~cityofdubuque.org>
To: < Jesusis,4U2~.aol.com>
Sent: Tuesday, July 09, 2002 8:12 AM
Subject: Re: Regarding Public Hearing for Zoning Change
I will forward your letter to staff to take to the Zoning Advisory
Commission meeting. Copies will be distribnted to the Commission at the
Thank you for your corns.
.... Original Message ---
From: <Jesusis4U2@~aol. corn>
To: <planning@citvofdubuque.org>
Cc: <(~ENEBIRDSIGN _~aol.com>; <Roarin~Lamb(~aol.com>; <hardie6~>;
<broush(~conlonco.com>
Sent: Monday, July 05, 2002 10:20 PM
Subject: Regarding Public Hearing for Zoning Change
> Dear Advisory Commission,
>
>~I regret that I will not be able to attend the public hearing to be held
on
> Wednesday, July 10th, 2002, in regard to the proposed zoning changes in my
> neighborhood. In my absense I respectfully request that this letter be
read
> by each member of the commission before they participate in the h~ng,
and
> for consideration prior to tl~ir decision.
>
> I am specificaL~ concerned abollt the proposed rezoning of certain
property
> by Wayne and Lynn Stewart from Single-Family Residential District to CS
> Commercial Services and Wholesale District.
>
> This proposal negatively concerns me for a vnmber of reasons as follows:
> 1) The entrances to the proposed area are directly aCrOSS the street from
Our
> sub-division, and one driveway is in fact directly opposite our own front
> yard. Since there are many small children in our neighborhood it would
seem
> dangerous to allow such a change due to the added traffic, especially
> commercial vehicles.
>
> 2) Obviously the property value of all nearby residential areas will be
07/18/2002
> adversely effected by such a decision in favor of the Stewarts. I would
> personally oppose such a decision.
>
> 3) It is my hope that this commi.qsion w~l take great care in
investigating
> any potential 'pee~dlarities" which may be happening behind the scenes in
> regard to this proposal. It seems odd to many in our neighborhood that
> several easily verifiable facts would indicate th_~ there is at least
> potential for some mis-use of influence.
> a) one such fact is that street slims were clearly posted in the area
> proposed some time ago, and the names of these streets already indicated
> "industrial" intentions.
> b) oddly, those same signs were quickly covered with black plastic just
> a~er the~ir installation.
> c) more peculiar still is the fact that when a particnlsr neighbor began
> inquiring about these facts at city hall the s~gn.q were immediately
> In light of these oddities it certainly appears tlmt this very hearing is
a
> mere formality and the decision is already made in the int~tions of
> members of this hoard. I would Certainly hope that is NOT the case, as a
> judgement againgt this proposal would indicate. If however, this
commission
> finds in favor ofthe Stewerts I believe there w~l be many here who will
> certainly find themselves curious enough about these and other issues to
seek
> more clarity in their regard.
> The evidence for all of the above stated facts is easily verified and
would
> certainly he made avilable to the commission or any other investigating
> authorities in the interest of cooperation if we need in the future to
carry
> our objections to court.
>
> I thank you for your consSderation in ~hi~q matter and for your diligent
> service to our community.
>
> Very sincerely,
>-Kelly Allen
> 15165 Old Highway Road
> Poosta, IA
> 52068
07/18/2002
CITY OF DUBUQUE
~JL~L i 0 200~
Establish a pattern
o Going thru 3/21/00 minutes --~ ...........
o Are we wasting time? Why would a decision nst last longer?
· Long-term effect on neighborhood by making a wise
long-term use for the land.
o We compromised last time. What has changed in the past.2
years to make a difference in the decision this time?
o The RR tracks still make a "natural" border.
Our neighborhood is strong, large and extended up to 1 mile.
o We see each other often
· Campfrres, summer picnics, graduations, Xmas
o This is how we found out about the zoning - not a letter.
o Please do not separate this established neighborhood with a
large Commercial Area.
We ~vould embrace new neighbors.
o 5 acres won't sell - Why not try 1 - 2 acre lots?
· Callahan on Seippel Road thought it was a good idea too.
o With the new Industrial Area by the ponds, people like to live
close to their work. Let's give them some options rather than
forcing them into Peosta or Asbury.
o We have seen no signage to encourage Residential
Development.
Neighborhood Concerns
o Increased traffic - especially heavy truck
o Increased pollution, noise, lighting
o Increased danger for children
· Jane Boge - Daycare Provider
· Many at home Moms
o What happens to the value of our property?
o Create more of an "eyesore"
With the excavating so far what impact has that had on the creek?
o Run off is very "gray"
o Possible DNR study on the effects of Industry & Commercial
Across Seippel is also Residential
o Would you not consider tiffs to be "Spot Zoning"?
· Where would further Commercial Area go, it would be
butting up to residential areas.
o Jimmy Graf signature - he does not want to look at a "mess"
· Owns t7 acres across on Seippel Road - see map
~Mr. Stewart is "coming thru the back door" again
o A concern stated in the 3/2t/00 zoning minutes
o Article in 10-7-99 Tele~aph Herald.
· "No compelling reason" --- What has changed?
JUL-09-02 :U~ u9:~3
DBQ ZON N~ & HEALTH FAX:563 589 7868 PAGE 2
~r. B~eyer ~ ~ the ~n ~on for ~c R-2 zo~ ~ to ~ able ~o
ke~p ~c new home in l~e ~ ~e c~ent homes in the ~m
Mr. Sch~ ~ked if ~yonc ~shed to spe~ rc~d~g t~s plat.
No one spoke.
CITY OF DUBUQU'~
JUL 007_
Ms. Reiss made the motion to approve the Final Plat of Lots 1, 2, 3 and 4 - ...... :. ,-~;=-~'
Brimeyer Acres, First Addition section 19, (Tg0N, P,2E), Peru Township. Ms.
ICmuse seconded the motion. Motion carried unanimously.
LAWRENCE BRIM~YER- FINAL PLAT
Sur~'ey of Lots 1 - 5 Brimcyer Acres, Second Addition, a Subdivision of Lot 1
J.J. Schmitt Place, SE ¼ NW ¼, Section 19, (T90N, R2E), Peru Township.
Ms. O'Sbea explained that Larry & Diane Brime~'er also own this property and
that it was also recently rezoned to K-2 for setback purposes. Lots 1 and 2 and
Lots 3 and 4 will share access onto Sherrill Road and Lot 5 will have access off
Holstein Lane. The lots have separate wells and septic systems. Ms. O'Shea also
stated that the County Engineer has reviewed the survey.
Larry Brimcyer and Dave Schneider appeared before the Board. Mr. Brimeyer
stated that the Sherdll Road project is in thc real near future.
Mr_ Schmitt asked if anyone wished to speak regarding this plat.
No one spoke.
Mr. Flogel made the motion to approve the Final Plat of Lots 1 - 5 Brimeyer
Acres, Second Addition, Section 19, crg0N, R2E), Peru To,reship. Mr. Mausser
seconded the motion- Motion carried unanimously.
4. REZ, ONING CASES
ZC#03-10-00
WAYNE & LYNN STEWART
R-1 to
j-x [-00
Ms. Gavin explained that the applicants are requesting to rezone from R- 1, Rural
Residential to M-I, Industrial, 20 acres, more or less, to allow for construction of
warehouse storage units. The property, located along Old Highway Road, is legally
described as Lot 2 Mason Care Estates, Section 36, (T89N, R1E), Center Township,
Dubuque County, Iowa.
Todd Stevenson, with Kane, Norby and Keddick Law Firm, 2100 Asbury Road, appeared
on behalf of Wayne and Lynn Stewmrt. Mr. Stevenson explained that Mr. Stewart had
JUL-09-02 TUE 09:33
DBQ ZONING & nEAL.M
FAX:56B 589 7868
PAGE
originally tried to annex the property to the City of Dubuque and rezone the property and
met w/th resistance from the neighboring property ow~uers. Mr. Stewart has reworked his
plan. Mr. Stewart has addressed those issues and sent a~l~,ef~t~e~ .~g',.~lr.~j~,t.t~J<gpe~rty ¢
qwn~informin.g~[~))~,'..mtehti6~i~!~t~,~b.~r..ly, lr. Stevenson. ~tated that,,
~i~g~q'i~01~:/~deived any res¢oii~ f/~m-.~a~, y of the adjac~e~ prol~r~k~ers, mr.
S~n showed a map of the surrounding area and explained the various zonmgs ~md
the topography. Mr. Stevenson stated that Mr. Stewart is proposing to divide the
property into two parts. The eastern part would be left R-1 and would be developed into
a housing area. The western part, that he's proposing be zoned M-1 would have access
off Ol'd'I-Iigh~ay Ko_ad; near the bnd,e and proposes warehouse or storage type units for
that area. The reason Mr. Stewart is uncomfortable with leaving the property all zoned
1~.-1 and developing the entire property into housing is because of the nature of tiao
industries that are located right next to his property. Mr. Stevenson stared that it was Mr.
Stewart's intentions to divide the property and put in a bu~er between the heavy industry
on the other side of the railroad tracks, going to a lighter industry and then gradually flew'
into a housing development. The housing development would be compatible with most
of the neighbors. ~ ...~---------' ~
Mr. Stevenson ~so presented photograpks of the property. Mr. Stevenson again stated
that they felt this proposal would be a natural progression of zoning.
Mr. S chmitt asked if warehoa~_re~quired a M- 1 zoning.
Ms. O'Sbea stated that this was not going to be mini~warehouses, it is going to be large
warehouses. Ms. O'Shea also stated that there were not specific plans or a buyer for this
property, so anything that would be allowed in M-1 would be allowed if the property,
were rezened and the property was then sold.
Mr. Stevenson stated that it was Mr. Stowart's intention to develop the property himself
and that it would notl~ beneficial for him to develop this w?th, something that would not
be compatible with tl~e larger portion of the property where he s going to want to sell
homes to people.
Mr. Stackis asked what the request was that was made to the City of Dubuque.
Mr. Stevenson stated that the request was for heavy industrial on the west side and light
industrial on the east side, which was wh,v the neighbors objected.. Mr. Stevenson also
stated that the neighbors were concerned about an asphalt or ready-mix plant being
placed on the propelty.
Wayne Stewa~ 86tt Scenic HeighIs, East Dubuque, Illinois, appeared before the Board.
Mr. Stewart stated that there is a large change in elevation from one part of the property
to the other. Mr. Stewart stated that quarries or asphalt plants are not allowed in the M-1
District.
JUL-09-02 TUE 09:82 ~M DBQ ZONING & HEALTH PAGE 4
?
FAX:563 589 7868
Ivlr. Mausser asked if there was any other district that would be less controversial and
would work for this area.
Ms. O'Sbea stated that the B-t Business District would allow any type of cornmemial
activ/ty that was completely enclosed. It would not allow storage outside of vehicles or
materials but it would allow a warehouse type without heavy traffic or tracking. It would
allow commercial, not industrial. The B-2 District would allow more thc highway
business. Ms. O'Shea stated that it was her opinion that the B-J Business District would
be more compatible tn a residential district than the M-I Industrial District.
Mr. Mausscr stated that LfMr. Stewart was planning garage storage, maybe the B-1
District would be more applicable.
Mr. Schmitt asked if anyone wished to speak regarding this case.
Delbert Brimeyer, 12721 Seippel Road, appeared before the Board. Mr. Brimeyer stated
that he was concerned about the drastic change from R-1 to M-1. Mr. Brimeyer also
stated that he felt zoning was to protect the people against this type of situation. Mr.
Brimcyer stated that ifa person walked into the field, a person would be able to see the
entire area. Mr. Brimeyer stated that he could see maybe a B-1 District and going into
rental type property, duplexes or something on that order. Mr. Brimcyer also stated that
the entire property does not lend itself to being residential because of the lay of the land.
Mr. Bfimeyer was also concerned about increased truck traffic in the area.
Mr. Stankis stated that he felt Mr. Stewart was making some concessions to the neighbors
in asking to rezone only half of the property.. Mr. Stackis also stated that he felt the B-1
District would not work because the property is right next to the railroad tracks and the
property on the other side of the railroad tracks is all industrial.
Kevin Kotz, 14969 Old Highway Road, appeared before the Board. Mr. Kotz stated that
he had spoken to Mr. Stewart and walked along the property. Mr. Kotz stated that he felt
Mr. Stewart was meeting the neighbors halfway in requcsting to rezone only half of the
property. Mr. Kotz stated that he felt enclosed warehouses would be a natural flow into
the residential area. Mr~lK.o~.. state4 that.hc~ ~.w~..~_c9~l~.tl~..K~.r~d~egtiai portz~n,~
stay [~idential ~d their M~. stdwar~ ~'t back reqUestin~ian0thet.~chah~ a few
~om now. Mr. Kotz stated that he felt Mr. Stewart would be concerned about keeping
~"~UStrial half in nice shape because he would have an investment in the residential
portion as well.
Mike Chapman, 12761 Seippel Road, appeared before the Board. Mr. Chapman stated
that hc agreed with Mr. Brimeyer but that he also feels that Mr. Stewart has met the
property owners halfway. Mr. Chapman also stated that he felt this plan would work as
long as it was in writing that Mr. Stewart wouldn't sell the industrial portion to someone
else who had another plan for the area.
JUL-09-02 TUE 09:B4.~{ pmQ ZONING & HEALTH
FA×:563 589 ?868
~kO~ 5
Mason Cate, 12271 Cottingham Road, appeared before the Board. Mr. Cate stated that
the property across Cottingharn Road was annexed into the City of Dubuque and was
zoned K-1 last fall. Mr. Cate wanted to make sure that the property being proposed to
remain R-I, would remain that way. Mr. Cate stated that he doesn't ws.ut to see an
eyesore and an increase in traffic.
Delight Bfimeyer, 12721 Seippcl Road, appeared before the Board. Mrs_ Brimeyer stated
'chat she was concerned about all the possibilities that the M-1 zoning presented. Mrs.
Brimeyer also stated that there is akeady a lot oftraOSc on both Old Highway .Road and
Seippcl Road. Mrs. Brimeyer stated that they would like to see at least some of the
property stay residential. Mrs. Brimeyer was also concerned that the berm on the
propC.~c/would come out in order to get a driveway onto the property. Mrs. Brimeyer
also stated that they would be more comfortable if it was designated what the property
could be used for:
Mr. Mausser expressed his concern about going with a M- 1 conditional rezoning with the
vossibitity that something could be overlooked sometime in the future. Mr. Mausser
~tated that he would prefer to see a B-I classification instead of the M-1 because the B-1
would put stricter limits as far as how the area is developed and bc more compatible with
the residential zon'ing,
Mr. Schmitt questioncd possibly zoning the prop~y neas the railroad tracks M-I, then
going into a B-1 and gradually going into residential. Mr. SchrniU stated that putting in a
buffer to thc residential portion had not been discussed either.
~vlr. Ftogel stated that there is very little properq' accessible to raikoad tracks.
Mr. Stewart explained that in order for him to sell lots for housing, he would have to put
in some type of buffer to conceal the industrial area, Mr. Stewart also stated that he
didn't feel the elevation of the land would work changing the property to three different
classificatiCns.
Mr. Stackis asked what type of warehonsing units Mr. Stewart was planning,
Mr. Stewart explained that he planned on a series of several warehouses with a street
down the middle. Mr. Stewart stated that the exact plans haven't been worked out yet.
Ms. O'Shea asked if there was a creek ruuning through the property.
Mr. Stewart stated that it's a drainage ditch but it's dry except when it rains. The
drainage ditch would have to be rerouted along the railroad tracks or at either side of the
property. Mr. Stewart stated that there is approximately 20 acres on the low elevation by
the railroad tracks. Mr. Stewart also stated that his plans for developing the residential
lots were that they bo..~fouft~~ fi~e'~r~ {n ~i~ 'and that at the time of development he
would have~ tO plant some type of trees to serve as ~ buffer;
D~Q ZONING & HEALTH FAX::63 589 7868 PAG~ 6
JUL-~9-02 Tu~ 09:34 ~[ ~
9
Mr- Smckis made thc motion to approve approximately 20 acre~ to M-1 and that the rest
of the property remain K-1 with the stipulation that when platting and dcvclopment of the
r?idenrizd_~e~ beg~ ~[ ~ g ~%r~,o;[~ 9r~shrubs put .~ place. Mr. Flogel
~:~s~¢-d~.~'¢~(l~!"~.~'Z.~l'r~ Stackis, Mr. Flogel, Mr. Schmitt, Ms. Reiss and
Ms. Krause: No - Mr. Mausser and Ms. Willenborg.
.Mr. Brimeyer asked about the stipulation that the property be used strictly for warehouse
uniu.
Mr. Stackis made the motion to rescind his previous morion and bring d~c cas~ back to
thc table for further discussion. Mr. FloEel seconded the morion to rescind. ¥otin~: Aye
- Mr. $tackis and Mr. FloEcl. No - .Mr. $chmit% Ms. Reiss, Ms. Krause and Ms.
Willenborg- Ab~ain - Mr. Mausser.
ZC~03_lli00 CARL & JO,4aNN tNEIMERSKIRCH A-1 to R-2
Ms- Gavin explained that the applicants are requesting ~o rezone from A-I, Agriculmrai
to K-2. Single Family Residential, 4.5 acres, more or less, ~o allow for three or four lots to
be used by family members for single family homes. The property, located along
Highway 52 South and Weber Road, is described as the SE ¼ NW ~A lying south and
west of 14_ighway 52 South, Section 35, (T88N, R3E), Mosalcm Tova'ahip, Dubuque
County, Iowa.
Carl Wcimerskirch, 6695 Route 52 South, Bellevue, appeared before the Board and
explained the layout of the property and that he wants to divide the parcel into three lots
for family members. Mr. Weimerskirch stated that he had spoken to Bruce Crystal at the
Iowa DOT office about driveway access. It was decided ttmt the first lot should share the
existing driveway access offttighway 52 South with the existing lot. Mr. Weimerskirch
stated that the lots would be about 1 1/3 acre each. Mr. Weimerskirch explained that he
had also spoken to Mark Gibson at thc County Engineer's office about a driveway off
Weber Road for the remaining lots and that Mr. Gibson had stated that as long as there
was enough .site distance there wouldn't be a problem with the driveway.
Mr. Schmitt asked if the land was in a timber.
Mr. Weimerskirch stated that the property at one time was an orchard and is on a hillside
with a five-degree grade.
Ms. O'Shea explained the zoning in the adjacent area.
Ms. Keiss asked if the land was farmed.
Mr. Weimerskirch explained that it is timberland and pasture and also has a spring on it.
Mr. Schmitt asked if anyone wished to speak regarding fffis case.
PETITION AGAINST THE REZONING OF R=I SINGLE-FAMILY RESIDENTIAL TO CS COMMERCIAL AND
AGAINST ANNEXATION FROM COUNTY M-1 (with conditions) TO CITY LIGHT INDUSTRIAL BY WAYNE
STEVVART.
I I
PRINT NAME i ADDRESS I DATE I SIGNATURE
I I
20
21
24
PETITION AGAINST THE REZONING OF R-1 SINGLE-FAMILY RESIDENTIAL TO CS COMMERCIAL AND
AGAINST ANNEXATION FROM COUNTY M-l(with conditions) TO CITY LIGHT INDUSTRIAL BY WAYNE
STEWART.
~ i DATE ~ S'GNATUEE
PRINT NAME ! ADDRESS i -~-
PETITION AGAINST THE REZONING OF R-I SINGLE-FAMILY RESIDENTIAL TO CS COMMERCIAL AND
AGAINST ANNEXATION FROM COUNTY M-'l (with conditions) TO CITY LIGHT INDUSTRIAL BY WAYNE
STEWART,
/ ] PRINT NAME ~ ADDRESS DATE SIGNATURE
PETITION AGAINST THE REZONING OF R-I SINGLE-FAMILY RESIDENTIAL TO CS COMMERCIAL AND
AGAINST ANNEXATION FROM COUNTY M-l(with conditions) TO CITY LIGHT INDUSTRIAL BY WAYNE
STEWART,
PRINT NAME ADDRESS I DATE SIGNATURE
16
2O
22
23
IPETITION AGAINST THE REZONING OF R-I SINGLE-FAMILY RESIDENTIAL TO CS COMMERCIAL AND
AGAINST ANNEXATION FROM COUNTY M-l(with conditions) TO CITY LIGHT INDUSTRIAL BY WAYNE
STEWART,
~ PRINT NAME ADDRESS SIGNATURE
4
5
~2
~4
20 i
22
23
24 I
25 ~
DATE
MEMORANDUM
July 25, 2002
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Annexation Request of Wayne and Lynn Stewart
Planning Services Manager Laura Carstens is recommending approval of a request for
a voluntary annexation of 20 acres of land owned by Wayne and Lynn Stewart at the
southwest corner of Old Highway Road and Seippel Road.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
MEMORANDUM
July 23, 2002
TO:
FROM:
SUBJECT:
Michael C. Van Milligen, City Manager
Laura Carstens, Planning Services Manager'-~
Annexation Request of Wayne and Lynn Stewart
INTRODUCTION
This memo transmits a voluntary annexation request by Wayne and Lynn Stewart for
City Council review and approval. Mr. and Mrs. Stewart have requested annexation of
20 acres at the southwest comer of Old Highway Road and Seippel Road concurrent
with rezoning to LI Light Industrial District. Their property is zoned County M-1
Industrial (with conditions).
DISCUSSION
The Stewart's land is near the new extension of Seippel Road and a 12" water main,
An 8' sanitary sewer main is approximately one mile from the site.
The property currently is agricultural land that was included in Area 4 of the 1997-1998
Annexation Study as a Priority 1 Immediate Opportunity area. Priority 1 areas
represent areas under active development that will allow greater central over land use
and building standards to help ensure orderly development patterns.
On October 6, 1999, the Zoning Advisory Commission held a public hearing on the
rezoning of Mr. and Mrs. Stewart's property to MHI Modified Heavy Industrial District in
conjunction with annexation. This was denied by the City. There was significant
opposition to the rezoning by adjoining residential neighbors.
On July 10, 2002, the Zoning Advisory Commission held a public hearing on the current
request to rezone to LI Light Industrial District. There was neighborhood opposition
again. The Zoning Advisory Commission has recommended denial of the LI rezOning.
RECOMMENDATION
Since the land is within a Priority 1 annexation area, staff recommends annexation.
Annexation will give the City greater control over land use and building standards.
LC/mkr
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W.13th St Telephone: 589-4210
RESOLUTION NO. -02
RESOLUTION ANNEXING CERTAIN PROPERTY
Whereas, Wayne and Lynn Stewart, property owners, have voluntarily petitioned for
annexation of approximately 20 acres of property Tying outside of the corporate limits of the
City of Dubuque, Iowa as shown in Exhibit A; and
Whereas, Chapter 368 of the Code of Iowa authorizes the extension of City limits in
situations of this character by adoption of a resolution after notification as required by State
Regulations; and
Whereas, this request has been found to be consistent with the Comprehensive Plan
and the Future Land Use Map of the Comprehensive Plan; and
Whereas, the future growth and development of the City of Dubuque, Iowa, make it
desirable that said property be made part of the City of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the territorial limits of Dubuque, Iowa, be, and they hereby are
extended to include the property legally described as Lot 1 of Lot 2 of Mason Cate Estates,
Section 36, T89N, R2E of 5th P.M. in Dubuque County.
Section 2. The territory hereby annexed shall become a part of the Seventh Precinct
of the Second Ward of the City of Dubuque, Iowa.
Section 3. That the City Clerk shall file this resolution, all exhibits and the petition for
voluntary annexation with the State of Iowa in accordance with State Regulations.
Passed, approved and adopted this day of , 2002.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Prepared by: Laura Caretens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589.4210
RESOLUTION NO. -02
RESOLUTION ANNEXING CERTAIN PROPERTY
Whereas, Wayne and Lynn Stewart, property owners, have voluntarily petitioned for
annexation of approximately 20 acres of property lying outside of the corporate limits of the
City of Dubuque, Iowa as shown in Exhibit A; and
Whereas, Chapter 368 of the Code of Iowa authorizes the extension of City limits in
situations of this character by adoption of a resolution after notification as required by State
Regulations; and
Whereas, this request has been found to be consistent with the Comprehensive Plan
and the Future Land Use Map of the Comprehensive Plan; and
Whereas, the future growth and development of the City of Dubuque, Iowa, make it
desirable that said property be made part of the City of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the territorial limits of Dubuque, Iowa, be, and they hereby are
extended to include the property legally described as Lot 1 of Lot 2 of Mason Cate Estates,
Section 36, T89N, R2E of 5th P.M. in Dubuque County.
Section 2. The territory hereby annexed shall become a part of the Seventh Precinct
of the Second Ward of the City of Dubuque, Iowa.
Section 3. That the City Clerk shall file this resolution, all exhibits and the petition for
voluntary annexation with the State of Iowa in accordance with State Regulations.
Passed, approved and adopted this day of
,2002.
Attest:
Terrance M. Duggan, MaYor
Jeanne F. Schneider, City Clerk
ANNEXATION STAFF REPORT Council Agenda: June 18, 2001
Property Location: Southwest comer of Old Highway Road and Seippel Road
Property Owner: Wayne Stewart
Legal Description: Lot I of Lot 2 of Mason Cate Estates, Section 36, T89N, R2E.
Proposed Land Use: Industrial
Existing Land Use: Vacant
Existing Zoning: County M-1
(with conditions)
Adjacent Land Use:
North: Residential Adjacent Zoning: North: County R-1
East: Agricultural, Residential East: City R-1
South: Agricultural South: County R-1
West: Railroad, Industrial West: County M-1
Flood Plain: N/A
Total Area: 20 Acres
Water: Available
Existing Street Access: Old Highway Road
Storm Sewer: N/A
Sanitary Sewer: Within 1 mile
Purpose: Wayne and Lynn Stewart have requested rezoning to LI Light Industrial
District, concurrent with annexation to develop this land for industrial uses.
Physical Characteristics: The property has been graded to accommodate future
development and has frontage on Old Highway Road.
Conformance with Comprehensive Plan: The Land Use and Urban Design,
Infrastructure and Economic Development Elements of the Comprehensive Plan
include goals and objectives related to the need to annex and provide utilities to future
growth areas for industrial development. The 1995 Comprehensive Plan's Future Land
Use Map did not identify the subject property as a potential growth area; however, the
subject property was included in Area 4 of the 1997-1998 Annexation Study.
Impact of Request on:
Utilities: The property can be adequately served from a 12" water main along the new
alignment for Seippel Road. An 8" sanitary sewer interceptor is approximately one mile
away at this time.
Traffic Patterns/Counts: The proposed property has frontage on both Old Highway
Road and what is currently Cottingham Road. Average daily traffic counts from 1997
Annexation Staff Report Page 2
are 2,270 for Old Highway Road and approximately 1,500 for Seippel Road at its
intersection with Old Highway Road.
Public Services: Response time for City Police, Fire and Emergency Services will be
the same as or less than response times of County and volunteer services. The City
has identified that an additional or relocated fire station may be needed in the future as
the community develops to the west. The City also has identified that annexation will
require an additional snow removal route.
Environment: Storm water management will be required as part of the review and
approval of any site development.
Adjacent Properties: Development of the subject parcel for industrial businesses will
impact adjacent property through increased levels of noise, odors and automobile and
truck traffic as well as the visual change of vacant land converted to industrial
buildings. The land to the west is zoned County M-2, which is industrial. Single family
homes have been built along Old Highway Road north of the property.
CIP Investments: Southeast of the property, the City plans to construct an industrial
park.
Staff Analysis and Recommendation: Wayne and Lynn Stewart are requesting the
annexation of a 20-acre parcel with rezoning from County M-1 Industrial Distdct (with
conditions) to City LI Light Industrial District. The subject property is on the southwest
comer of Old Highway Road and Seippel Road.
The 20 acres of land 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 anticipated
approximately 424 acres for industrial development while the balance, 106 acres, was
proposed for park and open space.
The Annexation Study looked at 14 growth areas and ranked them in terms of priority.
Area 4 was one of the areas designated as Priority 1, an area of immediate opportunity.
Pfiodty 1 areas represent areas recently purchased by the City for the development of
industrial sites and areas critical to the preservation of entrance ways and
transportation corridors. Additionally, they represent areas under active development
that will allow greater control over land use and building standards to help ensure more
ordedy development patterns.
Access to the site would most likely be off of the newly constructed extension of
Seippel Road, which would provide a direct pathway to U.S. Highway 20. The property
can be served by City water extended through the applicants' adjacent 25 acres to the
12D water main along Seippel Road. Septic systems for industrial uses would be
necessary until the 8" sanitary sewer main is extended.
Annexation Staff Report Page 3
Staff recommends approval of the annexation request. The proposal is consistent with
the City's Annexation Study.
Annexation of this property provides the City with the ability to control growth and
regulate development through subdivision, site plan and building plan approvals.
Prepared by~ Reviewed:
Date:
Proposed Area to be Rezoned
Dubuque City Limits
Applicant: Wayne & Lynn Stewart
Location: Old Highway Road
Description: To rezone property,
in conjunction with annexation,
from County M-1 (with conditions)
to City LI Light Industrial District.
Railroad R-O-W
CITY OF DUBUQUE
JUN 0~ 200~
June 3, 2002
Honorable Mayor and City Council
City of Dubuque
50 West 13m Street
Dubuque, Iowa 520014845
Re: Request for Voluntary Annexation
Dear Mr. Mayor and Council Members:
Wayne and Lynn Stewart, as owners of the property, are requesting annexation to
the City of Dubuque. This property is located at the southwest corner of Seippel
Road and Old Highway Road, immediately adjacent to the current eorpomte
limits of the City of Dubuque, and contains 20 acres, more or less. The property is
currently zoned M-1 with conditions.
.Annexation to the City of Dubuque and subsequent zoning to LI Light Industrial
~s requested. The property is lower than Old Highway Road, tucked low in the
valley and not as visible as most oftbe adjoining land. This pared also abuts the
railroad so a mil spur would also be a possibility.
The legal description for this property is Lot 1 of Lot 2 of Mason Cate Estates,
Dubuque County, Iowa.
Thank you for your consideration in thi~ matter.
Sincerely,
Wayne Stewart
PLANNTNG APPI./CATZON FORM
~l~ning
Planned Oistrict
PrelimirraW Rat
Minor Final ~
~ Text/~endment
D Simple Site Plan
[] Minor S'~te Plan
~ Najor Site Plan
D Major Final Mat
~ Sinl~e Subdivision
Ob/of Dubuque
Planning Services Department
Dubuque, IA 52001-a,~64
Phone: 563-589-4210
Fax: 563-589-.4221
~ne~aUon
[] Temporal/Use Permit
[] Certfficate of Economic Non-V~abitity
~ Certificate of Appropriateness
D C~er:
Please tvoe or mint lem'blv in ink
Prope~owner(s): W,~'~ ~
Ob/: ~uF~ ~'~'~
Mobite/Ce~ular Number:
Phone:
Oty: Sbate: Zip:.
Nobile/Cellular Number:
~'E$7- ~F ~/F~*~-'
Total propem/(lot) area (square feet or acres):
Describe proposal and reaso~ necessary (al~ad~ a letter of explanation, if needed):
CERTr_~cA*I/ON: I/we, the undersigned, cio hereby certify that:
1. 'The information submitb~ herein is true and correct to the best of my/our knowledge and upon
submittal becomes public rec~d;
2. Fees are not refundable and payment does not guaranl~e approval; and
3. All additional required witl.ten and ~als are aU~ched.
Fee:
D TJ'nprovement plans [] Design review project descrip~on [] Roor plan D Other:
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