Zoning Callahan W Seippel N IndPlanning Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 520014864
(563) 5894210 office
(563) 5894221 fax
(563) 690-6678 TDD
plarming@cityo fdubuque.or g
October 13, 2003
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
RE: Rezoning
Applicant: Joel Callahan
Location: West of Seippel Road, North of the Dubuque Industrial Center West
Description: To rezone property from County R-2 Single-Family Residential Distdct to
City CS Commercial Service and Wholesale and LI Light Industrial
District, in conjunction with annexation.
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.
The Commission originally recommended denial of this request at their August
meeting. However, because there were only five members present, a motion to
reconsider was made and approved to rehear the request at the September meeting of
the Zoning Advisory Commission.
Discussion
The applicant spoke in favor of the request~ reviewing proposed rezoning request and
future extension of Chavanelle Road that will serve the site.
Staff reviewed future street projects, including the construction of the link between the
two existing portions of Chavanelle Road.
There were several public comments concerning the impact of the proposed
development on their properties along Middle Road immediately north of the subject
request.
The Zoning Advisory Commission discussed the request, noting that with the
construction of the link between the two existing portions of Chavanelle Road there will
be an adequate street system to support increased development in the area and the
subject parcel. The Commission recommended that the setback along Middle Road
Service People Integrity ' Responsibility Innovation Teamwork
The Honorable Mayor and City Council Members
October 13, 2003
Page 2
be increased from 20 feet to 40 feet directly across from the existing homes on the
north side of Middle Road.
Recommendation
By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City
Council approve the request subject to requiring a 40-foot setback along Middle Road
for the first 660 feet west of the Southwest comer of Middle Road and Seippel Road.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
Eugene Bird, Jr., Chairperson
Zoning Advisory Commission
Attachments
Qb/of Dubuque
Planning Services Depaib.ent
Dubuque, IA 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
PLANNING APPLICATION FORM
[] Vadance
[]Conditional Use Permit
[]Appeal
i--lSpedal Exception
[]Limited Setback Waiver
~]Rezoning
[-]Planned Distdct
[-]Prelimina~/Plat
[-iMinor Final Plat
[]Text Amendment
[--]Simple Site Plan
[]Minor Site Plan
[] Major Site Plan
[] Major Final Plat
[]Simple Subdivision
BAnnexation
Temporary Use Permit
[]Certificate of Economic Non-Viability
[]Certificate of Appropriateness
[]Other:
Please WPe or print leaiblv in ink
Propertyowner(s): Callahan Construction, Inc.
Address: 12831 Noble Ridge Ob/: Dubuque
Fax Number:
563-588-4273
Phone: 588-4273
State:IA ~p:. 52002
Mobile/CellularNumber: 213-1015
Applicant/Agent: Joel M. Callahan
Address: 12831 Noble Ridge
Fax Number: 563-588-4273
Phone:. 213-1015
Oty: Dubuque State: IA Zip: 52002
Mobile/Cellular Number: 213-1015
SitelocalJon/address: West of Seippel Road, North of the Dubuque Industrial
Center West
Existing zoning: R2 Proposed zoning: CS ~ L I ~stodc District: Landmark:
County
Legal Description (Sidwell paroel ID# or lot number/block number/subdivision): s e e a t t a c h e d
Total property (or) area (square feet or ac~es): 80 acres
Describe proposal and reason necessary (attach a letter of explanation, if needed): D e v e 1 o p m e a t
CIRTIFICAIION: I/we, the undersigned, do hereby certify that:
1. The information submitted herein is true and correct to the best of my/our knowledge and upon
submittal becomes public record;
Fees are not refundable and payment does not guarantee approval; and
All additional required written and graphic materials are attached.
Property Owner(s):
Applicant/Agent:
Date:
Date:
FOR OFFICE USE ONLY- APPI TC~TZON SUBMJ. i I AL CHECKLtST
Fee: ~- Received by: ~",~/;;~ Date: ~-11.o ~¢)ocket:
K-]Site/sketch plan [] Conceptual Devel~rnent Plan []Photo E]Plat
E]lmprovement plans E]Design review project description l-]Floor plan r-~other:
Proposed Area to be
Rezoned to CS
Dubuque City limits
Applicant: Joel Callahan
Location: Seippel Road
Description: To rezone property on the
west side of Seippel Road, north of the
Dubuque Industrial Center West from
County R-2 Single-Family Residential
Distdct to City CS Commercial Service
& Wholesale District, and LI Light
Industrial District, in conjunction with
annexation.
Proposed Area to be
Rezoned to LI
Asbury City limits
Proposed Area
to be Rezoned
Proposed Area to be
Rezoned to CS
Dubuque City limits
3plicant: Joel Cailahan
:x~ation: Seippel Road
escdption: To rezone property on the
~ side of Seippel Road, north of the
~ubuque Industrial Center West from
;ounty R-2 Single-Famity'Residential
)istrict to City CS Commercial Service
Wholesale District, and L! Light
ndustrial District~ in conjunction with
~nnexation.
Proposed Area to be
Rezoned to L!
Asbury City limits
to be Rezoned
e~lwm4
seo!AJecj enbnqna ~o ~1!0 ~ol Sseoov
Callahan Property West on Seippel Road
Legal Description:
The north east ¼ ofthe north east ¼ and lot 1 of lot 1 ofthe south east ¼ ofthe north east
¼ in section 25, Township 89 North, Range 1 East of the 5t~ p.m. and
Lot 2 of the south east ¼ of the north east ¼ in Section 25, Townsltip 89 North, Range 1
East of the 5t~ p.m. in Dubuque County, Iowa.
MEMORANDUM
September 12, 2003
To:
From:
Subject:
Zoning Advisory Commission
Laura Carstens, Planning Services Manager
Road Improvements relative to Callahan Rezoning
The purpose of this memo is to provide information to the Zoning Advisory Commission
regarding future improvements to Seippel Road and Middle Road in response to
questions raised at the Commission's September 3rd public headng on Joel Callahan's
rezoning request for 80 acres of land west of Seippel Road and south of Middle Road.
What are the plans to upgrade Seippel Road?
Currently, there are no plans to improve Seippel Road between Middle Road and the
existing City improvements north of Chavenelle Road. Dubuque County has
responsibility for this section of Seippel Road. According to Mark Jobgen, County
Engineer, the County has no plans to upgrade this section of road.
The City of Dubuque's five-year capital improvement budget does not include any
improvements to Seippel Road; however, the City does not have jurisdiction for road
improvements outside the city limits. Roadways are evaluated as part of the City's five-
year Capital Improvement Program after they are annexed into Dubuque.
With the anticipated approval of annexation for Joel Callahan's 40 acres east of Seippel
Road, and his 80-acre parcel west of Seippel Road, the City will be in a position to
assume jurisdiction of Seippel Road from the County. This will enable the City to plan
for improvements to Seippel Road based on the present road conditions and the
timeframe of development along the road, and the availability of sufficient funds for the
project.
What is the future status of Middle Road?
Currently, there are no plans to improve Middle Road from Radford Road past Seippel
Road. Three jurisdictions have responsibility for Middle Road: the City of Asbury, the
Road Improvements relative to Callahan Rezoning
September 12, 2003
Page 2
City of Dubuque and Dubuque County. According to Mark Jobgen, County Engineer,
the County has no plans to upgrade this section of road. The City of Dubuque's five-
year capital improvement budget does not include any improvements to Middle Road.
The 2025 Long Range Transportation Plan of the Dubuque Metropolitan Area
Transportation Study (DMATS) recommended that Middle Road between Radford Road
and Seippel Road would be a four-lane road with left and right turn lanes at
intersections.
The City of Dubuque's five-year capital improvement budget does not include any
improvements to Middle Road mainly-because the City does not budget for road
improvements outside the city limits. Most of the road is outside Dubuque's city limits.
This road would be evaluated as part of the City's five-year Capital Improvement
Program after annexation into Dubuque taking into consideration current road
conditions and the timeframe of development along the road.
How will the City handle truck traffic on Middle Road and Seippel Road?
The City designates truck routes throughout the community for trucks registered for a
gross weight limit exceeding ten thousand pounds (5 tons). These trucks must travel
over marked highways when operating in the City except when the destination is in the
City on a street that is not the highway. To get to this destination, the truck must use the-
closest and most direct route from the marked highway.
The City Manager is authorized to post signs limiting trucks registered with a gross
weight limit exceeding ten thousand pounds (5 tons) from operating on non-highway
streets, and plans to do so along Middle Road after annexation.
When will the City extend Chavanelle Road?
The City has acquired the necessary right-of-way'and has budgeted to complete the
connection of Chavenelle Road from where it ends near Nordstrom's to where it ends in
the new industrial park off Seippel Road, the Dubuque Industrial Center West. When
completed, Chavenelle Road will provide an alternate truck route from the Northwest
Arterial (Iowa 32) to Seippel Road and Dodge Street (U.S. 20) that should als0 help pull
trucks off of Middle Road and Seippel Road north of the Dubuque Industrial Center
West. The extension of Chavenelle Road is budgeted for completion within the next
three years.
We hope that this information adequately responds to the Commission's questions
raised at the September 3n~ meeting.
Kyle Kdtz, Associate Planner
Michael Van Milligen, City Manager
Mike Koch, Public Works Director
Joel Callahan, Callahan Construction
REZONING STAFF REPORT Zoning Agenda: September 3, 2003
Property Address:
Property Owner.
Applicant:
West of Seippel Road, north of Dubuque Industrial Center West
Callahan Construction, Inc.
Joel Callahan
Proposed Land Use:
Existing Land Use:
Adjacent Land Use:
Former Zoning:
Commercial/Industrial
Vacant
North - Residential/AG
East - Agricultural/Residential
South - Industrial
West - Commercial/AG
1934 - County; 1975 - County;
1985 - County
Proposed Zoning: CS/LI
Existing Zoning: R-2 County
Adjacent Zoning: North - County R-2
East - AG/County R-2
South - PI
West -County R-2
Total Area: 80 acres
Property History: The property recently has been purchased by Joel Callahan and
was previously used primarily for agricultural purposes.
Physical Characteristics: The property can be characterized as rolling and generally
drains to the southeast.
Concurrence with Comprehensive Plan: The Land Use Map of the Comprehensive
Plan designates the property for industrial and mixed residential development.
Impact of Request on:
Utilities: Existing City utilities can be extended to serve this property. The City
water and sewer services do have sufficient capacity to serve this site.
Traffic Patterns/Counts: There are no traffic counts available for Seippel Road.
Public Services: Public services have been extended to serve this area of the City
of Dubuque with the annexation of property along Old Highway Road and the
construction of new industrial buildings in the Dubuque Industrial West Industrial
Park.
Environment: Staff does not anticipate any adverse impact to the environment
p~ovided adequate erosion control is provided during all phases of development,
and that adequate storm water control is provided.
Rezoning Staff Report - Callahan/west of Seippel Road Page 2
Adjacent Properties: Development of this property will increase the ambient light
and noise levels of the surrounding area and increase vehicle trips or surrounding
roadways.
CIP Investments: None proposed.
Staff Analysis: The submitted rezoning request is for property currently located in
Dubuque County. The applicant, Joel Callahan, is requesting to be annexed to the City
of Dubuque, and is requesting rezoning of the subject pamel to a combination of CS
Commercial Service and LI Light Industrial districts.
The CS Commercial Service and Wholesale District allows for a range of commercial
uses that do not require a location on a high volume, high visibility traffic corridor.
Anticipated businesses may include firms that sell directly to contractors or provide
services to a homeowner or a business. An example of the mix of uses that could be
anticipated within a CS district is Cedar Cross Road in the city of Dubuque. A
substantial portion of this roadway is zoned CS Commercial Service and Wholesale
District. A copy of the CS District is attached to this staff report.
The LI Light Industrial District is intended to provide a location for a "variety of uses
associated primarily in the conduct of light manufacturing, assembling and fabrication,
warehousing, wholesaling and commercial service operations". The requested LI
zoning is adjacent to the City of Dubuque's industrial park on the south and agricultural
property to the west. The proposed LI zoning also abuts a residential property in the
southeast corner of the site.
The portion of Seippel Road bordering the proposed development has not been
improved like the south portion of Seippel Road to Highway 20. Street improvements
typically occur as a result of a new development and increasing vehicle trips. This
portion of Seippel Road is not on the City's five-year capital improvement program for
streets.
Planning staff recommends that the Zoning Advisory Commission review the criteria for
reviewing rezoning requests contained in Section 6-1.1 of the Zoning Ordinance.
Prepared by: ,/J/
Reviewed:/~./,A
Date:
Prepared by: Laura Carstens, City Planner Address: 50 W. 13th St.1 C~[~ Hall Telephone: 589-4210
ORDINANCE NO. 79-03
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY
OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED ALONG THE WEST SIDE OF SEIPPEL ROAD
FROM DUBUQUE COUNTY R-2 SINGLE-FAMILY RESIDENTIAL DISTRICT TO CITY OF
DUBUQUE CS COMMERCIAL SERVICE AND WHOLESALE DISTRICTAND LI LIGHT
INDUSTRIAL DISTRICT, WITH CONDITIONS, CONCURRENT WITH ANNEXATION.
Whereas, Joel Callahan, property owner, have requested rezoning concurrent with
annexation to the City of Dubuque in accordance with Section 2-3 of Appendix A (Zoning
Ordinance) of the City of Dubuque Code of Ordinances; and
Whereas, this request has been found to be consistent with the Comprehensive
Plan and the Future Land Use Map of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying the hereinafter-described property from Dubuque
County R-2 Single-Family Residential District to City of Dubuque CS Commercial Service and
Wholesale Distdct and LI Light Industrial District, with conditions, to wit:
The NE % of the NE %, Lot I of the SE % of the NE % and Lot 2 of the SE % of the
NE % in Section 25, T89N, RIE of the 5t~ P.M., 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.
Passed, approved and adopted this 20th day of October 2003.
Attest: Terrance M. Duggan, Mayor
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 described as:
The NE % of the NE %, Lot 1 of the SE ¼ of the NE ¼ and Lot
2 of the SE % of the NE % in Section 25, T89N, R1E ofthe 5th
P.M.,, and to the center line of the adjoining public right-of-
way, all in the City of Dubuque, Iowa.
which is t~e subject of Ordinance No. 7~' -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:
1)
That a setback of 40 feet shall be required from the south right-of-way line of
Middle Road for a distance of 660 feet west of the southwest corner of Middle
Road and Seippel Road intersection.
B)
Reclassification of the Subiect Property. The City of Dubuque, Iowa may initiate
zoning reclassification proceedings to the 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.
c)
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 bythe
City Council of Dubuque, Iowa.
D)
Recording. 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.
E)
Construction. This Agreement shall be construed and interpreted as though it were
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.
F)
This Agreement shall be binding upon the undersigned and his/her heirs, successor
and assignees.
forms~noa.frm
ACCEPTANCE OF ORDINANCE NO. 79-03
I, Joel Callahan, representing Callahan Construction, Inc., having read the
terms and conditions of the Ordinance No. 79-03 and being familiar with the
conditions thereof, hereby accept this same and agree to the conditions required therein.
Dated in Dubuque, Iowa this 20th day of October, 2003.
/s/ Joel Callahan
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
mmsitional 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) Principalpermitted uses. The following uses shall be pe~iuitted 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-IN/A].
(6) Furniture/home furnishing-[27].
(7) Appliance sales and service-[27].
(8) Furniture upholstery/repair-[ 18].
(9) Business services-[29].
(10) Office supply-[19].
(11) Vending/game machines sales and service-[19].
(12) Mall-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 CrBA)-[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-01.1XT (2)
(23) Mobile home sales-J40].
(24) Motorcycle sales and service-[41].
(25) Boat sales and service-[40].
(26) Recreational vehicles sales and service-[38].
(27) Vehicle rental-J47].
(28) Upholstery shop-[42].
(29) Contractor shop/yard-[33].
(30) Wholesale sales/distributor-[29].
(31 ) Freight transfer facilities-[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].
06) Miniwarehousing- [47].
O7) Engine/motor sales, service and repair-[ 19].
(38) Reffigeration equipment and supply, sales and service-[19].
(39) Landscaping services (not including retail sales as primary use)-[29].
(40) Welding services~[29].
(41 ) Animal hospital/cliulc-[23].
(42 ) Kennel-[23 ].
[ ] Parking group- See Section 4-2 of this Ordinance.
(C),4ccessory 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)Condit~onal 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 ($)
Front yard setback: 20 feet
Side yard setback: 0 feet*
Rear yard setback: 0 percent lot depth*
Building height: 40 feet
*Except where abutting a residential or office residential district, then six foot (6') side yard and
twenty percent (20%) lot depth rear yard setbacks required.
(G)Parking requirements. See Section 4-2 of this Ordinance.
(I-I)$igns. See Seetiotl 4-3 of this Ordinance.
DU549 CH-.01 .TXT (1)
3-4.1. LI Light Industrial District:
(A)General Purpose .4nd Description: The LI District is intended to provide for a variety of nses
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 inffll 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.
(B) Principal Permitted Uses: The following uses shall be permitted in the LI District:
( 1 ) Railroads and public or quasi-public utilities including substations-[47].
(2) General offices-II4].
O) Medical/dental lab-J8].
(4) Personal services-[14].
(5) Off-street parking lot-[N/A].
(6) Gas station-[18].
(7) Grocery store-[17].
(8) Bakery (wholesale/commercial)-[ 19].
(9) Indoor restaurant-[20].
(10) Drive-in/carry-out restanrant-[28]
(11) Bar/tavern-[20].
(12) Automated gas station-[18].
(13) Service station-[21 ].
(14) Drive-up automated bank teller-[8].
(15) Self-service carwash-J8].
(16) Animal hospital/clinic-J23].
(17) Furniture upholstery repair-[ 18 ].
(18) Business services-J29].
(19) Banks, savings and Bans, and credit unions-[31].
(20) Vending/game machine sales/service-[19].
(21 ) Indoor recreation facilities-[37].
(22) Mail-order houses-J23].
(23) Lumberyards/building materials sales-[ 19].
DU549 CH-01.TXT (2)
(24) Construction supplies, sales and service-[19].
(25) Printing and publishing-J32].
(26) Moving/storage fecilities-[33].
(27) Full-service carwash-J8].
(28) Auto service centers-J34].
(29) Auto sales and service-[38].
00) Auto repair/body shop-[35].
(31) Track sales, serm-ce and repoir-[39].
(32) Farm implement sales, services and repair-[39].
(33) Auto parts/supply-[ 17].
(34) Mobile home sales-[40].
(35) Motorcycle sales/service-[41 ].
(36) Boat sales/service-[40].
(37) Recreation vehicle sales/service- [38].
(38) Vehicle rental-[47].
09) Upholstery shop-[42].
(40) Parking structure-IN/Al.
(41) Persanal-[29]/business services- [14].
(42) Contractors shop/yard-[33].
(43) Wholesale sales/distributor-[29].
(44) Freight transfer facilities-J44].
(45) Fuel and ice dealers-[33].
(46) Agricultural supply sales-[19].
(47) Cold storage/locker plant-II5].
(48) Packing and processing of meat, dairy or food products, but not to include
slaughterhouses or stockyards- [33].
(49) Compounding, processing, and pac!m~ng of chemical products, but not including highly
flammable or explosive materials-J33].
(50) Manufacture, assembly, repair or storage of electrical and electronic product, s,
components, or equipment-[33].
(51 ) Laboratories for research or engineering-[33].
DU549 CH-01.TXT (3)
( 52 ) W arehousing and storage facilities-[ 33 ].
(53) Manufacture or assembly of musical instruments; toys; watches or clocks; medical,
dental, optical, or similar scientific instruments; orthopedic or medical appliances; signs or
billboards-[33].
(54) Manufacturing, compounding, assembly or treatment of articles or products from the
following substances: clothing or textiles; robber; precious or semi-precious stones or metals;
wood; plastics; paper; leather; fiber; glass; hair; wax; sheet metal; concrete, feathers; ilar; and
cork, but not including the manufacture of such mw substances as a principal operation-J33].
[ ] Parking group-Sec 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 dayeare 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;
Co) 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 fect of fenced outdoor recreation space is provided per child
using the space at a given time;
(d) Such facility shall provide for the loading and unloading of children so as not to
obstruct public street~ or create traffic or'safety hazards;
(e) All liceuses have been issued or have becn a~plied for awaiting the outcome of the
Board's decision;
(f) No group daycare 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, haT~rdous 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 Superfimd
DU549 CH-01.TXT (4)
Amendments And Re. authorization 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
conspienous 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) Maxim~ma building height: 50 feet.
(2) Minimum size and/or rear yard setbacks: 10 feet + 2 feet per story over the first, but only
where the yard abuts a residential or office district.
(G)Parking Requirements: See Section 4-2 of this Ordinance.
(Il)Signs: See Section 4-3 of this Ordinance.
Zoning Advisory Commission
City Hall
5o weat 13~ Street
Dubuque IA 52001-4864
Dear Commission Members:
I am wrrdng in regard to the reconsideration of the Joel Callahan proposal for rezoning to be heard on
October 1, 2003. Mr. Callahan's properly is located west of Salppel Road and south of Middle Road.
This property seems to be incompatible with the proposed CS and U zoning for several reasons:
There are nice hemes all aloug~ M'm~dle Road that border the ~m boundary of Mr.
Callahan's properly, and along Seippel Road at the eastern buundary. Middle Road alone
does not provide a large enough buffer zone between our homes and types of businesses
allowed in this pmpesal. Somathing like the Indust~l Park, whom them is lots of green space
and the Be~gfeld Recmafiou ama (although certainly not on this la~e of a scale), would
provide a be~ter transition ~ this zoning and the home OWners. A~owing commemial
and wholesale businesses so close to our homes would be de{rimental to the neighborhood
and have a negative ~ect on our proped¥ values.
2_
The CS zoning code speci~es The CS uses are primarily charactedzad by ... high volume
truck traf~'. Middle and Seippel Roads are cedainly not equipped for this. Seippel Road,
heading north along Mr. Callahan's pmpedy, and all of Middle Road are ~ narrow with no
shoulder and steep ditches. The road surface is exlmmely crowned and has pot holes and
large dips. These roads cannot support the weight of commercial and indesMal vehicles. In
addition, there is already a high volume of residential traffic with many more vehicles
an'dcipated bythe recently approved subdivision of 105 homes on Seippel Road (dimcthj east
of this property) and the new subdivision being b~'lt to the noah of Middle Road along Seippel
Road. Adding high volume truck traffic to this mb( is a substantial safety issue. Ms. Carste~s
has indicated to me that there are no plans to improve Middle Road at this time and this malter
would likely not move fon~'ard until the cl~ zoning issue with Midge Road property ownem and
Dubuque and Asbury is resolved.
Caffish Creek runs through much of this prope[ty, feeding the Bergfeld Recreation Area fishing
ponds and eventually the Mississippi River. I am concerned that business pollutants and
chemicals could easily be transported into the creek affecting the quar~ty of life in this area.
At the last zoning rceeling on September 3~, this pmpesal wes rejected. I hope that the same
reasoning continues to prevail. Thank you for this opportunity to voice my coucoms. I appreciate your
consldera~on of this matter.
~incerely,
15302 Middle Road
Dubuque, Iowa 52002
PLANNING SERVICES DEPARTMENT .....