Zoning Stewart, O Highw SeippelPlanning Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 589-4210 office
(563) 589-4221 fax
planning@cityofdubuque.org
April 8, 2003
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
RE: Rezoning
Applicant:Wayne Stewart/Flint Drake
Location:Southwest Corner of Old Highway Road and Seippel Road
Description:To rezone property from R-1 Single-Family Residential District and
County M-lc, to R-2 Two-Family Residential District, R-3 Moderate
Density Multi-Family Residential District, CS Commercial Service and
Wholesale District; and LI Light Industrial District, concurrent with
annexation of the west 20 acres.
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
Flint Drake, representing the applicant, spoke in favor of the request stating that he met
with neighboring property owners several times to work out a compromise with regard to
the rezoning of Mr. Stewart's property.
Staff reviewed surrounding zoning and land use. Staff noted that the east 25 acres
requested for rezoning to R-2 and CS Districts is already within corporate limits of the
City of Dubuque. The western 20-acre pamel is proposed for rezoning to Light
Industrial concurrent with annexation to the City.
There were several public comments in support of the request based on the applicant's
compromised proposal. An adjacent property owner expressed concerns with the
location of the proposed access to Seippel Road.
The Zoning Advisory Commission discussed the request, noting that they commend the
area residents and applicant for working together to arrive at a compromise they can all
support. The Commission discussed the list of uses in the CS District, expressing
concern that some uses are too intense to be located adjacent to residential property.
The Honorable Mayor and City Council Members
April 9, 2003
Page 2
Recommendation
By a vote of 7 to 0, the Zoning Advisory Commission recommends that the City Council
approve the request, with the condition that the CS Commercial and Wholesale District
uses 31, 32, 38, 41 and 42 not be permitted.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
Eugene Bird, Jr., Chairperson
Zoning Advisory Commission
Attachments
PLANNING APPLICATION FORM
Ob/of Dubuque
Planning Services Department
Dubuque, IA 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
[] Vadanca F~iRezoning
r-Iconditional Use Permit E]Planned District
~-IAppeal [] Prefiminary Plat
I--1Spedal Exception []Minor Final Mat
l--tUmited Satbac~ Waiver E]Text Amendment
[]Simple Site P~an
[]Minor Site Plan
[] Ma~or Site Plan
[] Ma~or Final Plat
[]Simple Subdivision
[]Annexation
[]Temppraw Use Permit
[]Certificate of Economic Non-Viability
i-lCertificate of Appropriateness
F-iOther:
p~ea~.~ tvoe or orint leaiblv in ink
W.C. Stewart Construction, Inc./
Pro~y owners): Wavne Stewart
Address: 291 E. 8th St.
Fax Number: 588-4498
D. Flint Drake
Applicant/Agent:
Qty: Dubuque
Mobile/Cellular Number:
Address: 2100 Asbury Road, Suite 2 ~ly:Dubuque
Phone: 588-4496
S~te: IA ~p: 52001
Phone: 582-7980
S~te:IA ~p:~
Fax Number:. 582-5312
Mobile/Cellular Number:
EC~elocaUon/address: Old Highway Road and Seippel Road
Existing zoning:* Pmposedzoning:** Historic Dis~: Landmark:
L~al Description (Sidwell parcel ID# ~r lot number/block n~mbe~subdMsion): Lot 2 of 2 of
son Cate Estates and Lot I of 2 of Mason uate Estates
Total pmperb/(lot) area (square feet or acres): 45 acres more or less
..... Applicant desires to
, . Deso;ibeorol;x:~a[ and reason nec~essary,(.at~, ch.a letter 9f explanal~o.n, if, neeoeo):, __ __ ~ . ~
deve±op rea± e~ta'~e in a manner zor wnlch the real estate~zs Dest su~lt~ed. The re~pzde~ntla±
designatJnn zo~ ~ ~ _n will ma!nt"_in thc rc2idcntig! c~.argctc~- o~ t~.~ ~=a. ~.~ ~S and LI
areas allow the Applicant an opportunity for reasonable return on the real estate and allow the
Applica. L Lo ~ake advantage cz tRe adjacent roads.
C~RTIFICATtON: I/~, ~e u~mig~, ~ ~m~ ~
1.~ in~on su~i~ ~n is ~ and ~ ~ ~e ~ of my/~r ~e a~ u~n
su~l ~ public ~rd;
2. ~ a~ not mfu~ble a~ ~ ~ n~ g~mn~ ap~val; and
Appli~n~A~: ? Da~:
FOR OFFLCE USE ON~Y-APP.L.~.ATZON
E]Site/sketch plan [] Conceptual De el~ment Plan
Fq[mprovernent p~ns []Design review project description
*City R-i and County M-1 (with conditions)
**City R-3 City CS and City LI
SUB~4TrTAL CHECKL~-F
Date: ~/~ Docket:
[]Photo []Plat
E]Roor plan i--]Otber:
Proposed Area to be Rezoned to R-2
Proposed Area to be Rezoned to CS
Proposed Area to be Rezoned to LI
Applicant: Wayne Stewart/Flint Drake
Location: Southwest Corner of Old Highway Road and
Seippel Road
Description: To rezone property from R-1 Single-Family Residential District and
County M-lc, to R-2 Two-Family Residential District, CS Commercial Service
and Wholesale District, and LI Light Industrial District, concurrent with annexatiOn
of the west 20 acres.
PREPARED BY: BUESING & ASSOCIATES
ADDRESS: 1212 LOCUST STREET, DUBUQUE, IOWA 52001
PHONE: /5651 556-4589
EXHIBIT "A"
PROJECT I NO.
02177
PREPARED FOR:
O. FLINT DRAKE, ATTY.
KANE, NORBY & REDDiCK. P.C.
BUESING &: ASSOCIATES
CONSULTING ENGINEERS
~212 LOCUST STREET
DATE
1/23/05
DWG,NO,02177- 01
PLOT DATE: 3/17/2003
REVISIONS DRAWN BY:
5/1 7/03 TPL
REZONING STAFF REPORT Zoning Agenda: April 2, 2003
Property Address:Old Highway Road west of Seippel Road
Property Owner:Wayne and Lynn Stewart
Applicant:Wayne and Lynn Stewart
Proposed Land Use: Industrial/Commercial/
Residential
Proposed Zoning: LI Light Industrial/
CS Commercial/R-2 Residential
Existing Land Use: Vacant
Existing Zoning: R-1 Single-F~mily Residential/
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: 45.2 acres
Property History: The subject property was included as part of the rezoning
request submitted 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. In May 2001, the east 25 acres was proposed by the applicant to be
rezoned from County R-1 to City R-1 concurrent with annexation to allow development
of a five (5) lot subdivision. That request was approved. In July 2002, the applicant
requested rezoning of the east 25 acres from R-1 to CS Commercial Service and
Wholesale and the west 20 acres from M-1 with conditions to City LI Light Industrial
concurrent with annexation. That request was denied.
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 updated Comprehensive Plan designates
the east 25 acres for Rural Residential. No designation is provided for the western 20
acres.
Impact of Request on:
Utilities: The property can be adequately served by the City water main along Old
Highway Road. An 8" sanitary sewer interceptor is approximately one mile away
Rezoning Staff Report - Old Highway Road west of Seippel Road Page 2
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.
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 and
approval of any development on this parcel. In addition, erosion control will be
required to minimize soil loss associated with development of the property.
Adjacent Properties: Development ofthe subject parcel for industrial, commercial
and residential land use 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.
CIP 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 and rezoning
of a 25-acre parcel to CS Commercial Service and Wholesale and R-2 Two-Family
Residential. The property has frontage on Old Highway Road on the south side,
Seippel Road on the east, and abuts the CNIX Railroad right-of-way to the west.
Attached to this staff report is an Exhibit A that illustrates the specific areas requested
for rezoning.
The property is currently zoned M-1 with conditions in the County. This parcel was
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 District 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
proposed western 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 subject parcel can be served by the City water main that has been extended along
Old Highway Road by the applicant as part of the anticipated development of the
Rezoning Staff Report - Old Highway Road west of Seippel Road Page 3
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 commemial 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 commemial and industrial land uses.
The applicants are also requesting rezoning of the east 25 acres from R-1 Single-
Family Residential District to CS Commercial Service and Wholesale District and R-2
Two-Family Residential District. The subject property is on the southwest comer of Old
Highway Road and Seippel Road, but does not include the property owned by Mr. and
Mrs. Cate, which is legally described as Lot 1 of Mason Cate Estates.
The subject property was rezoned and annexed into the City of Dubuque in the fall of
2001. The applicant is now requesting rezoning of this property, as he does not feel
that a residential subdivision is viable at this location. The commercial service and
wholesale district allows for a range of commercial uses that typically do not sell
directly to the end consumer, but provides goods and services to contractors and
businesses. A copy of the CS Commercial Service and Wholesale District is attached
for the Commission's review.
The R-2 Two-Family Residential District allows for single-family and duplex residential
dwellings. The R-2 district would serve as a buffer between the existing single-family
homes on the north side of Old Highway Road and the area proposed for Commercial
Service and Wholesale zoning. A copy of the R-2 Two-Family Residential District is
attached.
City water service is available to the 25-acre site along both Seippel Road and Old
Highway Road, The closest City sanitary sewer is located approximately a mile away
on the south side of the landfill property. Development of the property for commercial
service uses or residential dwellings will require extension of the sanitary sewer to
provide service to this area. The City has not allowed commercial businesses to use
septic systems because it is difficult in designing a septic system that can handle the
potential waste stream produced by commercial land uses.
Staff recommends that the Zoning Advisory Commission review Section 6-1.1 of the
Zoning Ordinance that establishes criteria for the review of razoning requests.
Prepared by: Reviewed: Date:
DU549 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 transportation facilities. This District is designed to accommodate the
expansion of existing uses and provide for inflil of vacant properties but is not generally
intended to be an expandable district other than through the use of a planned unit
development district as provided in Section 3-5.5 of this Ordinance.
03) Principal Permitted Uses: The following uses shall be permitted in the LI District:
(1) Railroads and public or quasi-public utilities including substations-[47].
(2) General offices-[14].
(3) Medical/dental lab-[8].
(4) Personal services-[14].
(5) Off-street parking lot-[N/Al.
(6) Gas station-[18].
(7) Grocery store-[17].
(8) Bakery (wholesale/commercial)-[19].
(9) Indoor restaurant-[20].
(10) Drive-in/carry-out restaurant-J28]
(11) Bar/tavern-[20].
(12) Automated gas station-[18].
(13) Service station-[21].
(14) Drive-up automated bank teller-[8].
(15) Self-service carwash-[8].
(16) Animal hospital/clirdc-[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-[33].
(27) Full-service carwash-[8].
(28) Auto service centers-[34].
(29) Auto sales and service-[38].
(30) Auto repair/body shop-[35].
(31) Track sales, service and repair-[39].
(32) Farm implement sales, services and repair-[39].
(33) Auto parts/supply-[ 17].
(34) Mobile home sales-[40].
0 5) Motorcycle sales/service-[41 ].
(36) Boat sales/service-[40].
(37) Recreation vehicle sales/service- [38].
(38) Vehicle rental-[47].
(39) Upholstery shop-[42].
(40) Parking stmcture-[N/A].
(41) Personal-[29]/business services- [14].
(42) Contractors shop/yard-[33 ].
(43) Wholesale sales/distributor-[29].
(44) Freight transfer facilities-[44].
(45) Fuel and ice dealers-[33].
(46) Agricultural supply sales-[19].
(47) Cold storage/locker plant-[15].
(48) Packing and processing of meat, dairy or food products, but not to include
slaughterhouses or stockyards-[33 ].
(49) Compounding, processing, and packaging of chemical products, but not including highly
flammable or explosive materials-[33].
(50) Manufacture, assembly, repair or storage of electrical and electronic products,
components, or equipment-[33 ].
(51) Laboratories for research or engineering-[33].
DU549 CH-01 .TXT (3)
(52) Warehousing and storage facilities-J33].
(53) Manufacture or assembly of musical instruments; toys; watches or clocks; medical,
dental, optical, or similar scientific instruments; orthopedic or medical appliances; signs or
billboards-[33].
(54) Manufacturing, compounding, assembly or treatment of articles or products from the
following substances: clothing or textiles; rubber; precious or 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 principal 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 unload'rog of children so as not to
obstruct public streets or create traffic or safety hazards;
(e) All licenses have been issued or have been applied for awaiting the outcome of the
Board's decision;
(f) No group dayeare center may be located within the same structure as any gas station,
bar/tavern, automated gas station or any facility selling, servicing, repairing or renting
vehicles;
(g) The parking group requirements can 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
hazardous 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 requirements of section 302 of the Superfund
DU549 CH-OI:TXT (4)
Amendments And Reanthorization 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) Minimm size and/or rear yard setbacks: 10 feet + 2 feet per story over the fn'st, but only
where the yard abuts a residential or office district.
(G)Parking Requirements: See Section 4-2 of this Ordinance.
(H)Signs: See Section 4-3 of this Ordinance.
DU549 CH-01 .TXT (1)
3-3.6 CS Commercial Service and Wholesale District.
(A) Generalpurpose and description. The CS District is intended to provide areas for a variety of
business services, office uses, limited industrial activity and major wholesale operations. The
CS uses are primarily characterized by large storage space requirements, high volume truck
traffic and low volume customer traffic. Special emphasis shall be placed on selection of
areas to be granted CS classification. It is intended that the CS District is one that provides a
transitional zone that can be used between industrial and commercial uses and in cases where
topography establishes a transitional area due to physical limitations between industrial and
higher density residential development.
(B) £rincipalpermitted uses. The following uses shall be permitted in the CS District:
(1) Railroads and public or quasi-public utilities including substations-[47].
(2) General office-[14].
(3) Medical/dental lab-[8].
(4) Personal services-[14].
(5) Off-street parking lot-[N/A].
(6) Furniture/home furnishing-[27].
(7) Appliance sales and service-[27].
(8) Furniture upholstery/repair-[18].
(9) Business services-[29].
(10) Office supply-J19].
(1 I) Vending/game machines sales and service-[19].
(12) Mail-order houses-[23].
(13) Lumberyards/building material sales-[ 19].
(14) Construction supplies, sales and service-[19].
(15) Printing/publishing- [32].
(16) Moving/storage facilities-[33 ].
(17) Auto service centers (TBA)-[34].
(18) Auto sales/service-[38].
(19) Auto repair/body shop-J35].
(20) Track sales/service repair-[39].
(21) Farm implements sales and service- [39].
(22) Auto parts/supply-[ 17].
DU549 CH-01 .TXT (2)
(23) Mobile home sales-[40].
(24) Motorcycle sales and service-[41].
(25) Boat sales and service-[40].
(26) Recreational vehicles sales and service-[38].
(27) Vehicle rental-[47].
(28) Upholstery shop-[42].
(29) Contractor shop/yard-[33].
(30) Wholesale sales/distributor-[29].
(31) Freight transfer facilidas-[44].
(32) Fuel/ice dealers and manufacturing-[33].
(33) Agricultural supply sales-[19].
(34) Processing or assembly-[33].
(35) Tool, die and pattern-making-[33].
(36) Miniwarehonsing- [47].
(37) Engine/motor sales, service and repair-[19].
(38) Refrigeration equipment and supply, sales and service-[19].
(39) Landscaping services (not includ'mg retail sales as primary use)-[29].
(40) Welding services-[29].
(41) Animal hospital/cliuic-[23].
(42) Kennel-[23].
[ ] Parking group - See Section 4-2 of this Ord'mance.
(C)Accessory uses. The following uses shall be permitted as accessory uses as provided in
Section 4 of this Ordinance:
(1) Any use customarily incidental and subordinate to the principal use it serves.
(D) Conditional uses. The following conditional uses are permitted in the CS District, subject to
the provisions of Section 5 of this Ordinance and are the minimum requirements for
application to the Board of Adjustment for a conditional use permit:
(1) (Reserved)
(E) Temporary uses. The following uses shall be permitted as temporary uses in the CS District:
(1) (Reserved)
(F) Bulk regulations.
DU549 CH-01 .TXT (3)
Front yard setback: 20 feet
Side yard setback: 0 feet*
Rear yard setback: 0 percent lot depth*
Building height: 40 feet
*Except where abutting a residential or office residential district, then six foot (6') side yard and
twenty percent (20%) lot depth rear yard setbacks required.
(G)Parking requirements. See Section 4-2 of this Ordinance.
(It)Signs. See Section 4-3 of this Ordinance.
DU549 cH-ol .TXT' (1)
3-1.2. R-2 Two-Family Residential District:
(A) General Purpose And Description: The R-2 District is intended to provide residential areas
characterized by single-family and two-family dwellings. Increased densities and introduction
of two-family housing types are intended to provide greater housing options while
maintaining the basic qualities of a low density residential neighborhood.
(B) Principal Permitted Uses: The following uses shall be permitted in the K-2 District.
(I) Single-family detached dwellings-[11 ].
(2) Two-family dwelling (duplex)-[11].
(3) Townhouses (maximum two (2) dwelling units)-[11].
(4) Churches, convents and monasteries-[7].
(5) Cemeteries, mausoleums, eolumbariums-[47].
(6) Public and private/parochial schools approved by Iowa State Board of Public Instruction
(K-12)-[101.
(7) Public or private parks, golf courses, or similar natural recreation areas-[47].
(8) Railroads and public or quasi-public utilities including substatious-[47].
(9) Noncommercial nurseries and gardens-[N/A].
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) Attached garages.
(2) Detached garages.
(3) Noncommercial greenhouses.
(4) Solar collectors.
(5) Wind generators.
(6) Satellite receiving dishes.
(7) Storage buildings.
(8) Readily movable sports, recreation, or outdoor cooking equipment.
(9) Tennis courts, swimming pools and similar permanent facilities.
(10) Home occupations.
(11) Noncommercial gardens and nurseries.
(12) Off-street parking and storage of vehicles.
DU549 CH-01.TXT (2)
(13) Fences.
(14) Garage sales or rummage sales provided that not mom than three (3) such sales shall be
allowed per premises per calendar year and not more than three (3) consecutive days per sale.
(D) Conditional uses. The following conditional uses are permitted in the R-2 District, subject to
the provisions of Section 5 of this ordinance and are the minimum requirements for
application to the board of adjustment for a conditional use permit:
(I) Bed and breakfast home, provided that
(a) The structure is either regulated by the Historic Preservation Ordinance or is listed on
the National Register of Historic Places;
(b) The use is maintained within an owner-occupied, single-family dwelling;
(c) The sOmcmre has a minimum total floor area of four thousand five hundred (4,500)
square feet, with not more than one sleeping room for each seven hundred fifty 1750)
square feet of floor area, with a maximum of five (5) sleepmg rooms;
(d) Signage shall be limited to one wall-mounted sign not to exceed six (6) square feet in
area, not internally illuminatexi, and with direct lighting only with sharp cut-off
luminance;
(e) The permit shall not license the property for rental as a private club, mnseum, or tom
home; and
(i') Parking shall be provided at a rate of one space per guest room. The parking shall be
provided on-site or on a street frontage of the property, and should not intensify parking
problems in the neighborhood.
(2) Hospice, provided that:
(a) The parking group requirements can be met-[2].
Co) Signs shall not be permitted.
(3) Group day care 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, thirty-five (35) square feet of indoor area (excluding
halls and bathrooms) is provided per child in areas not occupied by cribs times the
licensed capacity; and seventy-five (75) square feet of fenced outdoor recreation space is
provided per child using the space at a given time;
Co) The parking group requirements can be met-[8];
(c) Such facility shall supply loading and unloading of children so as not to obstruct
public streets or create traffic or safety hazards;
(d) All licenses have been issued or have been applied for awaiting the outc6me of the
board's decision; and
(e) Signage shall be limited to one (1) nonilluminated, wail-mounted sign not to exceed
four (4) square feet in area.
DU549 CH-O1.TXT (3)
(4) Off-street parking of bperable automobiles to serve a permitted or conditional use in an
abutting office, commercial (except C-1 District), or institutional district only, provided that:
(a) No structure other than a sereeuing or security fence or wall shall be erected on the
premises;
(b) Signage shall be limited to one (1) freestanding sign of no more than six (6) square
feet in size per drive opening, identifying the parking use, providing directions or
marking entrances and exits thereto;
(c) A site plan shall be submitted and approved as provided in Section 4 of this ordinance.
Parking group-See Section 4-2 of this orrtlnanee.
(E) Temporary uses, The following uses shall be permitted as temporary uses in the R-2 District:
(1) Building or trailer for storage of materials and/or equipment necessmy for censu-ucfion
authorized by a valid building permit, provided the location of the building or trailer has been
approved by the building official.
(F) Bulk regulations:
Front Yard Setbacks
Lot Area
in Square Lot Coverage Rear YardBu
Feet Frontage as % Side Yard Setback He:
x 1000 in Feet Lot Area Min. Max. Setback °,6 Depth
R-2 DISTRICT
BULK REGULATIONS
Permitted Uses
Single-family residential 5 50 40 20 50
Two-family residential 6 50 40 20
Townhouse (maximum 2 DU) 3/DU 25/DU 40 20 50
Church (see Section 2-5.10) 20 100 40 20
Conditional uses
Hospice 6 50 40 20
Nursery schooUday care 5 50 40 20
6 20
50 6
6/0 20
20 20
6 20
6 20
(G) Parking requirements-See Section 4-2 of this ordinance.
(H) Signs. See section 4-3 of this ordinance.
Proposed Area to be Rezoned to R-2
Proposed Area to be Rezoned to CS
Applicant: Wayne Stewart/Flint Drake
Location: Southwest Corner of Old Highway Road and
Seippel Road
Description: To rezone property from R-1 Single-Family Residential District
to R-2 Two-Family Residential District and CS Commercial Service
and Wholesale District.
Prepared by:. Laura Carstens. City Planner Address: 50 W. 13th St., City Hall Telephone: 589-4210
ORDINANCE NO. 30-03
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT 8000 OLD HIGHWAY
ROAD FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO R-2 TWO
FAMILY RESIDENTIAL DISTRICT AND CS COMMERCIAL SERVICE AND
WHOLESALE DISTRICT.
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
~ode ofOrdin~ances'~is ~h~reby ~aw~
property from R-1 Single-Family Residential district to R-2 Two-Family Residential
District and CS Commercial Service and Wholesale District, as shown in Exhibit 1, 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.
Passed, approved and adopted this 21st day of April 2003.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5 (2001), and as an express condition of rezoning
of the property shown in Exhibit I and to the centerline of the adjoining public right-of-way,
all in the City of Dubuque, iowa, and
Which is the subject of Ordinance No. -03, a copy of which is attached hereto
and incorporated herein by reference, the undersigned property owners, agree to the
following conditions, all of which the property owner further agrees are reasonable and are
imposed to satisfy public needs which are caused directly by the rezoning:
A) Conditions: The following conditions shall apply to the subject property:
1) The following permitted uses shall be allowed in this CS Commemial Service
and Wholesale District:
a) Railroads and public or quasi-public utilities, including substations [47]
b) General offices - [14]
c) Medical/dental lab - [8]
d) Personal services- [14]
e) Off-street parking lot- [N/Al
f) Furniture/home furnishing - [27]
g) Appliance sales and service- [27]
h) Furniture upholstery/repair - [18]
i) Business services - [29]
j) Office supply - [19]
k) Vending/game machine sales and service - [19]
I) Mail-order houses - [23]
m) Lumberyards/building material sales- [19]
n) Construction supplies, sales and service- [19]
o) Printing/publishing - [32]
p) Moving/storage facilities- [33]
q) Auto service centers (TBA) - [34]
r) Auto sales/service - [38]
s) Auto repair/body shop - [35]
t) Truck sales/service repair- [39]
u) Farm implement sales and service - [39]
Memorandum of Agreement Page 2
C)
D)
E)
F)
v) Auto parts/supply - [17]
w) Mobile home sales- [40]
x) Motorcycle sales and service - [41]
y) Boat sales and service - [40]
z) Recreational vehicle sales and service - [38]
aa) Vehicle rental - [47]
bb) Upholstery shop- [42]
cc) Contractor shop/yard - [33]
dd) Wholesale sales/distributor- [29]
ee) Agricultural supply sales - [19]
ff) Processing and assembly - [33]
gg) Tool, die and pattern-making - [33]
hh) Mini-warehousing- [47]
ii) Engine/motor sales, service and repair - [19]
jj) Landscaping services (not including retail sales as pdmary use ) - [29]
kk) Welding services- [29]
[ ] Parking group - See Section 4-2 of this Ordinance.
Reclassification of the Subiect ,Property. The City of Dubuque, Iowa may initiate
zoning reclassification proceedings to the R-1 Single-Family Residential District
(which rezoning will include the removal of the performance standards in Section A
above) if the property owner fails to complete any of the conditions or provisions of
this Agreement.
Modifications. Any modifications of this Agreement shall be considered a zoning
reclassification and shall be subject to the provisions of the Zoning Ordinance
governing zoning reclassifications. All such modifications must be approved by the
City Council of Dubuque, Iowa.
RecordinR. A copy of this Agreement shall be recorded with the Dubuque County
Recorder as a permanent record of the conditions accepted as part of this rezoning
approval within ten (10) days of the adoption of Ordinance No. -03.
Construction. This Agreement shall be construed and interpreted as though itwere
part of Appendix A of the Code of Ordinances of the City of Dubuque, also known
as the Zoning Ordinance of the City of Dubuque, Iowa.
This Agreement shall be binding upon the undersigned and his/her heirs, successor
and assignees.
ACCEPTANCE OF ORDINANCE NO.
-03
I, Wayne Stewart, property owner, having read the terms and conditions of the
foregoing Ordinance No. - 03 and being familiar with the conditions
thereof, hereby accept this same and agree to the conditions required therein.
Dated in Dubuque, Iowa this
day of 2003.
Wayne Stewart
Prepared by: Laura Carstens. C~ Planner Address: 50 W. 13th St.. City Hall Telephone: 589-4210
ORDINANCE NO. 31-03
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 bean 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 centedine 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.
Attest:
Passed, approved and adopted this 21st day of April, 2003.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO.
-03
1, Wayne Stewart, property owner, having read the terms and conditions of the
foregoing Ordinance No. - 03 and being familiar with the conditions
thereof, hereby accept this same and agree to the conditions required therein.
Dated in Dubuque, Iowa this
~-/~ day of ~ 2003.
/
Wayne ,,~ewa rt