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Request to Rezone 900 Seippel Road_Delaney_Hearing Copyrighted November 18, 2019 City of Dubuque Public Hearings # 1. ITEM TITLE: Request to Rezone 900 Seippel Road SUMMARY: Proof of publication on notice of public hearing to approve a request from Joe Delaney to rezone property at 900 Seippel Road from AG Agricultural Zoning District to CS Commercial Service and W holesale Zoning District, and the Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances Unified Development Code by reclassifying hereinafter described property from AG Agricultural District to CS Commercial Service and Wholesale District SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type Staff Memo Staff Memo Application Supporting Documentation Vicinity Map Supporting Documentation Staff Report Supporting Documentation Photos Supporting Documentation Ordi nance Ordi nance Proof of Publication Supporting Documentation Suggested Motion Wording Supporting Documentation Planning Services Department Dubuque City Hall THE CITY aF � 50 West 13�Street �II•A�eri�C� ,.,�,�.,�,,..-���:.,-,,.. Dubuque,IA 52001-4864 1 1 (563)589-4210 phone � (563)589-4221 fax . , . . 2a��*2ai2*2oi� (563)690-6678 TDD �GIS��Y���G� aY� ��2��2SSZSSZ��t 2�17*�019 plannin�tyofdubuque.org November 8, 2019 The Honorable Mayor and City Council Members City of Dubuque City Hall —50 W. 13t" Street Dubuque IA 52001 Applicant: Joe Delaney Location: 900 Seippel Road Description: To rezone from AG Agricultural zoning district to CS Commercial Service and Wholesale zoning 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, Joe Delaney, spoke in favor of the request, noting the property was once zoned Commercial Service and was rezoned to the existing Agricultural zoning district. He said he wants to revert the zoning back to Commercial Service. Staff reviewed the staff report, noting the property has been rezoned three times. Staff discussed the surrounding developments, lack of updated traffic flow data on Seippel Road due to road construction in the area, and that a site plan would be required. Staff also noted that a 6' high screening, stormwater, and landscaping would all be required. Staff discussed the previous CS zoning had conditions placed on the property. There was one public comment. An adjacent property owner had concerns with potential erosion to a slope in his rear yard. The Zoning Advisory Commission discussed the request reflecting on stormwater, erosion, site plan requirements and the previous conditions that were placed on the property. They determined that the proposed rezoning is appropriate without placing conditions. Recommendation By a vote of 4 to 0, the Zoning Advisory Commission recommends that the City Council approve the request. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, Martha Christ, Vice Chairperson Zoning Advisory Commission Attachments Service People Integrity Responsibility Innovation Teamwork THE CITY OP City ot Dubuque DT 7� � Planning Services Department �J Dubuque, IA 52001-4805 Mnstcr��icce or� Hre MississiyF�i Phone: 563-589-4210 Fax: 563-589-4221 � lannin ci ofdubuque_o� i PLANNING APPLICATION FORM � ❑Variance ❑Preliminary Plat ❑Simple Subdivision ❑Certificate of Appropriateness ' ❑Conditional Use Permit ❑Major Final Plat �Text Amendment ❑Advisory Design Review (Public Projects) � ❑Appeal ❑Minor Final Plat �Temporary Use Permit ❑Certificate of Economic Non-Viabilitv ❑Special Exception ❑Simple Site Plan �Annexation ❑Historic Designation ehooseone ❑Limited Setback Waiver ❑Minor Site Pian ❑Historic Revolving Loan ❑Demolition ❑�RezoningJPUD/ID ❑Major Sife Plan ❑Historic Housing Grant ❑Port of Dubuque Design Review Please rine or orint leaibly in ink P�oPe�cv oW�er�s>: JLD Investments LLC Pho�e: 563-495-4330 address: 11215 StOl�yb�00k COUi� ��Ty: Dubuque state: �A Z�p:52003 Fax #:_ ceu u; 563-495-4330 E-ma�� SeippelRoadStorage@gmail.com ApP,;�a�tiAge�t: Joe Delaney 563-495-4330 Phone: nddress: 11215 Sto11yb1'oOk COuI't ���: Dubuque state: �A Z�P 52003 FaX #: ce�� #: 563-495-4330 E-ma�c SeippeiRoadStorage@gmail.com site location/address:9OO S@IppGI ROaCI Neighborhood Association: N/A AG CS N/A Existing zoning: Proposed zoning: District: Landmark: 0 Yes ❑� No Legal Description (Sidwell parcel ID# or lot number/block number/subdivision); Lot 2 of Seippel Road Commercial Park, Plat 4 Total property (lot)area (square feet or acres):4.92� Describe proposai and reason necessary(attach a letter of explanation, if needed):This lot was originally zoned CS when I purchased the propeRy in 2012 but I rezoned to agriculture because I was using it for hay. I now intend to grade it to the original plan and park campers and trailers. CERTIFICATION: Y/we,the undersigned, do hereby certify/acknowledge that: l. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants. 2. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record; 3. Fees are not refundable and payment does not guarantee approval; and 4. All additional required written and graphic materials are attached. C 1 d I Property Owner(s): Date: � � � I � Applicant/Agent: \ Date: ) � FOR OFFICE USE ONLY—APPLICATION SUBMITTAL CHECKLIST ��V` � Fe�y�� �a Received by: � Date: /7 Docket: N '1P ° g • , � Dubuqu � � � , � j w � �� �� THE CTTY OP � � :'�� *,�� ���p ���-"_ �:y�� � � � GII America Ciry _ .h� .� � '- 3� fS_ hy / ' �, Y�: �.'�` '-;^� e���,�,y,.. �f� �" �� ��}°' �UB E ;�I�I°I I; �� '� � �rt`s� � ' � y.•" /� zoa�•zmz•zois ,�,��� � ;�, ����; „ �.� !��� � ^ Masterpiece on the Mississippi zov#zoi9 ��� =�'} � ; �� `�� ��� ` 7� � �,,^�??' _ � .��. . �?� � � �`�.� ,��'��` ,� ,� e� ni'." �,^r. V i c i n i ty M a p �. � ,,� ,� � �� a� - �k� P _ q�� ✓" . ��„ ��+�� » � . � r ` � � �� �� �t� �.-�'�V � �� �,�'� •'� - e �� � �.�, n.� , ., �. � � ` �� a i �'� \��-- � ` . � � � �ti ` -��� �� �� � n� � .,. �� �` ^ ' ��- r i '`.�. f ,0 1 . : �, , . _ $! i+ �. .- �,ti � ���^-" y —I ��( � �v'��� \ a4. S` '�,' � . " I . � . ^ �.�� �—� ��T���` � ' a Aa•e4hia.d'd. .. . r .,.a .d'�• � ^ \ � ���� \ � n .- ik 4. . ^ . � l��b �! ^ _ *3 , ��./�" . � - "�.. '^ _ � . ASBURVRD — w ^ _. � ��� `�„' � `� J— j , _ . �r� : .. . . `i � � �.�,�..i � - , ,.Y _�': . 1 <a'�N'"_ . �"�,''�. ,�� r��f�� - -+y :` `� Jr---� j IY�' ��i I � " . �=.y. � W�,,,"''_ '"�r� �''--i ti'i� i ������\����� � � qe � .r� ��� �� p � � � ^` —I �j 000cesr � n�n��n�u�������� ` '' . _ � � ��, �� �� _ � ,.�, � ��.,. -.R 1� � �_ '�� 7 i _'�'L ,, _ . , _ .e_ ��e �� ��' • �„ . � �r: ,, _ � _�� , � � �� � : �i �� � ��. � r i . �� � � e y. �� � �• � �� 4 � �� h� ~�J �._ .��I' ■ ■ `� i � ti �y �' -'s � � � � __ erac 1 Jy — r �'4. �'�"� ��� �, _ "1� �`4+ u'� . `J—/ r �_� il � :> ..l. �, .. �i . �. 'i _ � ^J ' .. � � I -- �� \ � "" :_�,:, A G i i _ � �. � '��'�. �C�� �� . .�:. �" C f Du b e �a , it ity o uqu ""�� � - — �.. � -_ ._ ��, y� ,. � •---;. � ,� a , - ■ , A i� _ CS ;��--- i �tl ��. ; � -; ■ ., •, ;� , �— ■ , � —CSc � ='��<M „� �, � Applicant: Joe Delaney i��������������������������i�������������� �����������������������������������,�N����� Location: 900 Seippel Road , � N � " ,_, Proposal: To rezone from from AG Agricultural � zoning district to CS Commercial ■ P� Service and Wholesale zoning district. ■ ■ ���. � ���� � � i�` �� � � � - � � � ��. , ■ � '„�1 . , �� � � � � a � = , � � ;� � �:� ,,, � `J Subject Property '`�,.w : � �� , �� :x �'. � '�' � �; , ■ , , - ��' •e ■ �' ��� � � � , �� � r � � .` ' ■ ' � � , ■ � �`� �,� �y - � ��. i � #� f��" I� °�i � ^� . � ; �. " /� `�`�'a' '`"�`���� � N ti ° ,, y �`' •� .� ;: _ � �� ��� ���`� ,.�� � � � � , ■ ��� �� ,;. �'F� _� `�'e �n -� ■ 0 150 300 600 � i. �:_ �`�� � Feet 1:5,790.42 REZONING STAFF REPORT Zoning Agenda: November 6, 2019 Property Address: 900 Seippel Road (Lot 2 Seippel Road Commercial Park #4) Property Owner: JLD Investments, LLC Applicant: Joe Delaney Proposed Land Use: Commercial Proposed Zoning: CS Existing Land Use: Vacant Existing Zoning: AG Adjacent Land Use: North — Residential — Single Family Homes East — Residential/Agriculture — Single-Family Homes South — Commercial — Mini-Storage West— Commercial — Vacant and Contractor Shop Adjacent Zoning: North — City R-1/County R-2 East— County R-2 South — City CSc West— City CSc & CS Former Zoning: 1934 — County Agricultural Total Area: 4.9 acres 1975 — County Agricultural 1985 — County Agricultural 1999 - City Agriculture as part of annexation 2000 — City R-1 Single-Family Residential 2007 — City Commercial Service with Conditions 2013 — City Agricultural Property History: The property was annexed into the city of Dubuque in 1999 with an agriculture zoning classification. The property was rezoned from AG Agriculture to R-1 Single-Family Residential in 2000. Although the property was rezoned, it remained in agricultural production until it was rezoned to CSc Commercial Service with Conditions in October of 2007. The property was re-graded, and the southern half developed as a commercial mini-storage facility. The property was split and the north half(subject lot) was rezoned from CSc to AG. Physical Characteristics: The property is relatively level but is terraced and sits approximately 10-12 feet below the grade of the rear yards of the residential lots that have frontage on Old Highway Road. The subject lot has approximately 440 feet of frontage along Seippel Road. Concurrence with Comprehensive Plan: The Imagine Dubuque Comprehensive Plan calls for this property to be developed commercially. Rezoning Staff Report — 900 Seippel Road Page 2 I Impact of Request on: Utilities: The subject property can be served by city utilities. Traffic Patterns/Counts: IDOT 2013 Average Daily Traffic Counts indicate 2,600 vehicle trips per day along Seippel Road just north of the subject property, and 2,310 vehicle trips per day along Seippel Road just south of the subject property. The IDOT 2017 ADTC Maps did not calculate this area. The connection of Seippel � to U.S. Highway 20 was temporary disconnected due construction of the U.S. Hwy I 20/Southwest Arterial interchange. i Public Services: Existing public services are adequate to serve the property. Environment: Staff does not anticipate any adverse impact to the environment provided adequate erosion and storm water control is provided during all phases of development. Adjacent Properties: Rezoning the subject parcel to Commercial Service & Wholesale will impact the adjacent properties through increased levels of light, noise and vehicular traffic. The proposed rezoning places Commercial Service & Wholesale zoning directly adjacent to single-family residential lots. This may adversely impact the use and enjoyment of the residential lots, depending on the type of businesses that locate in the commercial service zoning district. CIP Investments: None proposed. Staff Analysis: Since 2003, the property has been rezoned three times: R-1 to CSc to AG. Prior to being rezoned to AG, the property was zoned CS with conditions. The applicant requested the zoning to AG to allow the planning of row crops on the subject property which was not allowed in a CSc zoning district. The applicant is now proposing to rezone an approximate 5 acre parcel from AG Agriculture back to CS Commercial Service and Wholesale district. There was a previous attempt in 2005 to rezone the property to CS. The Zoning Advisory Commission denied the request by a vote of 4 to 0 stating that it is not appropriate to have some of the commercial uses allowed in the CS district directly adjacent to residential property. The appficant at the time indicated a willingness to create a 50 foot buffer between the adjacent residential property to the north and the subject property and to limit the uses permitted in the CS district. Rezoning Staff Report— 900 Seippel Road Page 3 As part of the approval for rezoning the property to CS in 2007, the City Council and Zoning Advisory Commission placed several conditions on the rezoning. The property owner at the time signed a memorandum of agreement accepting the following conditions: 1) That uses 17 -Auto Service Centers, 19 -Auto Repair/Body Shop, 20 - Truck Sales/Service Repair, 21 -Farm Implements, Sales and Service, 31 - Freight Transfer Facilities; 32 -Fuel/Ice Dealers and Manufacturing, 33 - Agricultural Supply Sales, 37 -Engine/Motor Sales, Service and Repair, 38 - Refrigeration Equipment and Supply, Sales and Service; 40 -Welding Services; 41 -Animal Hospital/Clinic; and 42 -Kennel, be eliminated from the list of permitted uses in the CS District. 2) That a 50-foot buffer be provided along the residentially-zoned property line. 3) That a vegetative buffer be provided along the residentially-zoned property line as per City Landscaping and Screening requirements. 4) That the entire site shall be fenced and secured with a gated entrance. 5) That on-site storm water detention be required. 6) That all vehicle use areas be paved. 7) That the hours of operation be limited from 6:00 a.m. to 10:00 p.m. 8) That any new outdoor lighting fixture shall utilize cut-off luminaries. Since 2007, several changes have happened in the area. The property across Sieppel Road has been developing into a commercial subdivision of contractor shops and yards, the 3.5 acres directly to the south have been developed into a mini-storage facility and farther south on Sieppel Road the Dubuque Industrial Center South Industrial Park has been created. However, the properties to the north have remained as single-family homes. The City Council and Zoning Advisory Commission placed the before mentioned conditions to alleviate the impact of the CS zoning property on the single-family residential homes to the north. Prior to development of the site the applicant/developer is required to submit a site plan The site plan will be reviewed by city departments (Planning, Building, Fire, Water, Engineering, etc.)to ensure compliance with the Unified Development Code, Building and Fire Codes and SUDAS (Statewide Urban Design and Specifications). The site plan review � Rezoning Staff Report— 900 Seippel Road Page 4 process is designed to coordinate connections to public utilities, access to city streets and ensure proper stormwater management. Staff recommends the Commission review the criteria established in Article 9-5 of the Unified Development Code regarding reclassification. Prepared by: Reviewed: /' Date: o•3C9• � �4' ' I ,+' _ r �. �'i+! � �. 'c.. "y ' °h ���+; ,��a "� .y„{ .. '{ . r, � . i o i i 4 , V":L . - �� , r.,� . ,�.`� �Xf'.+�. - � I. �� b �. S` ':. � . ti' i1 • �l -�^� �' t .�il , .�a � � ��j�•: ,. -� .\ - i R1� ' .�� , . ! . . 'r:+ .'.�.� `�E � o-� , Y ^� � .. � � ����2��� � � �' 0 ti` Z � �� ', ��f� � . 4 { � _ ' � �"`Y(, ,.e.. �. 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' ,.. � 1.�� � ' • Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 563-589-4210 Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 563-589-4121 ORDINANCE NO. 49-19 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY FROM AG AGRICULTURAL DISTRICT TO CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT Section 1. The Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter described property from AG Agricultural District to CS Commercial Service and Wholesale District, to wit: Lot 2 Seippel Road Commercial Park #4, 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 18th day of November 2019. Attest: Kevin '. Firnstahl, City Clerk Jake A. Rios, Mayor Pro Tem STATE OF IOWA {SS: DUBUQUE COUNTY � � � � � � CERTIFICATION OF PUBLICATION �� ;� !'i !� I, Suzanne Pi��e, a Billing Clerlc for Woodward � � Communications, Inc., an Iowa corporation, publisher � of the Telegraph Herald, a newspaper of general ; circulation published in the City of Dubuque, County ij of Dubuque and State of Iowa; hereby certify that the '� attached notice was published in said newspaper on the �; � following dates: cR�`v o�uu���o�;���.I `�� � �o��-;���x�� �, November 08, 2019, N TicE�p�e ebv g��- �', i''; en that the,:Llubuque ; ariC�fOP W�11C�1 t110 C11aP e 15 $20.7� City'Council.'will con-'I � duct_p�blic lieanngs af;! I�� a meeting "fo coYrr`I I� , menee,at b:00 p m on, ' I � Monday;Nouember 18;� , � 2Gi9-: in 4ne:HisioPic '` ( Federal E Buildmg seo- �U�73CT1b0C� t0 befOTe 1118, � NOt�l'y�Ub11C 111�riC� �OP ond'floor council''���', ;i (, Chambers 350�W 6th SYreet Dubuque on � ii Dubuque County, Iowa, tne fouow�ng:: ,s : , I2�ZANIN(3Ssi,, � � � fC� Request from Joe De- t111S ( ��ay of �G�`�.��� ZO d 1 . laney to rezone proper- ,� y ty,at 900 Seippel;Road � � from AG �Agrticultural��� �� 1 Zoning District to CS . �'. ����V� �`— ; //� Commercial .�� se�vice �_� � �; and'Wholesale Zoning; I� Notary Public in and f r Dubuque OUrity IOW2. ac�he r nq�arehon fe�' % ' � � inrrhe�City Glerk's Of- � fice„City Hall 50 W. 13th St Dubuque',� ; s��: lowa and fnay be �, �R i , A�N��AAGiI1IER vieWed durmg normai� ; ' t`�w C;ommissian Num6er 513362 wor,k�ng hours;_ ! � " " N! Commission ires �.�r-itt�r ccmm nt�,.,-. � Y � gar`d_ing the above pub= I y �+" OGt��£Y 2,2r 20�1 I�c,'hearings',may be � """""`"""'"""'" submitted to th�-City ' � Cler`.ks Qffiee; 50 W.�-' 13th� st DGbuques IA:�� � 52601 on or before �I � � said: time -�of public � hearin�°At�said time��I � and �place .bf, public- hearings�all interest�d ' citizens,. and" �parties`' ', will'be given:an oppor-'`, tunity:to be heard for or against said proposaL i � Individuals•wrtli limit- j ed English prgfieiency, c vision, hearing. or ' � speech impairments � requiring.special.assis- tance should contact ' the'City�Clerks Office ' at.(563)"589-4100 TDD � (563) 690-6678 cty- clerkC cityofdubuq ue.org � as soon� as feasible. ,` Deaf or hard-of hearing indiuiduals can use Re>r� p lay dowa by,dialing 711 B or(800)735-2942 ? � Kevin S.firnstahl, � � �•CMC�City Clerk,��� it 1�:1�8' . � � Planning Services Department City Hall 50 West 13th Street Dubuque, IA 52001-4864 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD planning@cityofdubuque.org Joe Delaney JLD Investments LLC 11215 Stonybrook Court Dubuque, IA 52003 Masterpiece on the Mississi RE: City Council Public Hearing — Rezoning Request Dear. Applicant: 2OO7.2U12 2013.2117 -November 12, 2019 The City Council will consider your request to rezone property located at 900 Seippel Road at a public hearing on Monday, November 18, 2019. Please attend this meeting, or send a representative to the meeting in your place to present your request and answer questions. City Council meetings begin at 6:00 p.m. in the City Council Chamber, 2nd Floor, Historic Federal Building (Post Office), 350 W. 6th Street, Dubuque, Iowa. Please contact the Planning Services Department at (563) 589-4210 if you need more information or have any questions. Sincerely, Wally Wernimont Assistant Planner Enclosures cc: Kevin Firnstahl, City Clerk Service People Integrity Responsibility Innovation Teamwork STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: November 22, 2019, and for which the charge is $15.38 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this day of fnrenrwLeA , 20 ( . Notary Public i d for Dubuque County, Iowa. fil 4.< .1 `�' �, FAP Commission Number 1906__ My Comm_ Exp, DEC 11, 2019 OFFICIAL PUBLICATION ORDINANCE NO. 49-19 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED , DEVELOPMENT CODE, BY RECLASSI- FYING HEREINAFTER DESCRIBED PROPER- TY FROM AG AGRI- CULTURAL DISTRICT TO . CS COMMERCIAL SERVICE AND WHOLE-; SALE DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE -I CITY OF DUBUQUE, IOWA THAT: Section 1. The Title 16 of the City of Dubuque Code of Ordinances, Uni- fied Development Code, is hereby amended by reclassifying the here- inafter described prop- erty from AG Agricul- tural District to CS Commercial Service and Wholesale District, to wit: Lot 2 Seippel Road Commercial Park #4, and to the centerline of the adjoining +public right-of-way, all in the city of Dubuque, Iowa. Section 2. The forego- ing amendment has re been reg viewedheretofoby the Zonin Advisory , Commission of the City of Dubuque, l owa. Section 3. This_ ordi- nance shall take effect mediately upon pub t, Dation, as provided by; aw Passed approved and adopted; this 18th day of November20193 r, 1` /s/JakkA ,Rios, Mayor Prp Tem , Attest:%s/KfC�irj 5, Firhstalll Cj Clerk Published officially in the Telegraph Herald newspaper omthe 22nd day of November 2019. '. /s/Kevin S. Firnstahl, City Clerk It 11/22