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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