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:
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� Applicant: Joe Delaney
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�����������������������������������,�N����� Location: 900 Seippel Road
, �
N � " ,_, Proposal: To rezone from from AG Agricultural
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■ P� Service and Wholesale zoning district.
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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• �
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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
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CERTIFICATION OF PUBLICATION ��
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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
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, menee,at b:00 p m on, ' I
� Monday;Nouember 18;� , �
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(, 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