Zoning 13503 Seippel K M HarrisPla~6ng Services Department
City- Hall
50 West 13th S~ceet
Dubuque, Iowa 520014864
(563) 589~210 office
(563) 589~4221 fax
(563) 6906678 TDD
plara~ng~gc]tyofdubuque.org
November 10, 2003
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
RE: Rezoning
Applicant: Kenneth & Maurine Harris
Location: 13503 Seippel Road
Description: To rezone property, in conjunction with annexation, from County R-2 Single-
Family Residential District to City LI Light Industrial 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 spoke in favor of the request, indicating the requested rezoning is consistent
with the rezoning recently requested by Joel Callahan.
Staff reviewed surrounding zoning and land use.
There were no public comments.
The Zoning Advisory Commission discussed the request, noting that the requested
rezoning is consistent with the Comprehensive Plan.
Recommendation
By a vote of 6 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,
Eugene Bird, Jr., Chairperson
Zoning Advisory Commission
Attachments
Serv4ce People Integrity Responsibility Lnnovation Teamwork
[] Vadance
I'-iConditional Use Permit
[]ApPea~
[-iSpecial Exception
[-IUmited Setback Waiver
PLANNING APPLICATI'ON FORM
l"~Rezoning
~-iPlanned District
[-iPreliminary Plat
[]]Minor Rnal Rat
[]Text Amendment
I-]Simple Site Plan
r-iMinor Site Plan
[] Najor Site Plan
[] Major Final Plat
[]Simple S~bdivision
Oty of Dubuque
Planning Services Department
Dubuque, ~ 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
i-[Temporary Use Permit
[]Cer~cate of Economic Non-Viability
[-iCertificate of Appropriateness
P!ea=a tv~e or orint legibly in ink
Property owner(s): KG n~
Fax Number:
Hobile/Cellular Number:
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FOR OFF~CE USE ONLY - A.I~PL~CAT~ON SUBMTrTAL CHECKLZST
[]Site/sketch plan [] Conceptua~evelopment Plan []Photo []Plat
[]Improvement plans []Design rev~w project ~ption []Floor plan ]Other:
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REZONING STAFF REPORT Zoning Agenda: November 5, 2003
Property Address:
Property Owner:
Applicant:
13503 Seippel Road
Kenneth and Maurine Harris
Kenneth and Maurine Harris
Proposed Land Use:
Existing Land Use:
Adjacent Land Use:
Former Zoning:
Property History:
years.
Industrial
Residential
North - Industrial
East - Commemial
South- Industrial
West- Agricultural
1934 - County; 1975 -County; 1985 - County
Proposed Zoning: LI
Existing Zoning: R-2 County
Adjacent Zoning: North- LI
East - CS
South - PI
West- R-2 County
Total Area: 1 acre
The property has been used for residential purposes for over 30
Physical Characteristics: The property generally slopes to the southeast and has
access to Seippel Road.
Concurrence with Comprehensive Plan: The Land Use Plan of the Comprehensive
Plan designates this property for commemial development.
Impact of Request on:
Utilities: Existing utilities can be extended to serve this property. City water and
sewer services do have sufficient capacity to serve this site.
Traffic Patterns/Counts: The subject property would be served by Seippel Road.
There are approximately 1,940 vehicle trips per day on Seippel Road based on
2001 IDOT traffic counts.
Public Services: Public services have been extended to serve this area by the City
of Dubuque with the annexation of property along Old Highway Road and the
construction of new industrial buildings in Dubuque Industrial Center West.
Environment: Staff does not anticipate any adverse impact to the environment
provided adequate erosion control is provided during all phases of development,
and that adequate storm water COntrol is provided when the parcel is developed.
Rezoning Staff Report- 13503 Seippel Road Page 2
Adjacent Properties: Development of this property will increase ambient light and
noise levels to the surrounding area.
CIP Investments: Chavanelle Road is proposed for extension in FY 2006.
Staff Analysis: The submitted rezoning request is for property currently located in
Dubuque County. The applicants, Kenneth and Maurine Harris, are requesting to be
annexed into the City of Dubuque in conjunction with rezoning the parcel to Lt Light
Industrial. The subject property is adjacent to the parcel recently rezoned at the
request of Joel Callahan for LI Light Industrial and CS Commercial Service and
Wholesale.
The LI Light Industrial zoning district allows for a range of industrial uses and some
commercial uses. The allowed commercial land uses are principally designed to serve
the employees of nearby industrial businesses. The Light Industrial District regulations
are attached to this staff report.
Access to the parcel is from Seippel Road. In addition, Chavanelle Road on the west
side of Seippel Road will be extended at some time in the future to serve property
beyond the Dubuque Industrial Center West. The extension of the current street would
serve both the Harris and Callahan properties.
Planning Staff recommends that the Zoning Advisory Commission review the criteria for
rezoning requests contained in Section 6-1.1 of the Zoning Ordinance.
Prepared by: ~,~/
Reviewed:
Date: /~./~ .~ ~.
DU549 CH-01 .TXT (1)
3-4.1. LI Light Industrial District:
(A) General Purpose ~lnd 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 infill 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 thi.q 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-[14].
(3) Medical/dental lab-[8].
(4) Personal services-J14].
(5) Off-street parking tot-IN/Al.
(6) Gas station-[18].
(7) Grocery store-[17].
(8) Bakery (wholesale/commercial)-[ 19].
(9) Indoor restanrant-[20].
(10) Drive-in/carry-out restaurant-J28]
(11) BarPtavem-[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-[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-J37].
(22) Mail-order houses-J23].
(23) Lumberyards/building materials sales-[ 19].
DU549 CH-01 .'D(T (2)
(24) Constxuction supplies, sales and service-[19].
(25) Printing and publishing-J32].
(26) Moving/storage facilities-J33].
(27) Full-service carwash-J8].
(28) Auto service ceuters-[34].
(29) Auto sales and service-J38].
(30) Auto repair/body shop-[35].
(31) Truck sales, service and repair-J39].
(32) Farm implement sales, services and repair-J39].
03) Auto parts/supply-[ 17].
(34) Mobile home sales-J40].
(35) 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 smacture-[N/A].
(41) Personal-[29]/business services- [14].
(42) Contraetors shop/yard-[ 33 ].
(43) Wholesale sales/distributor-J29].
(44) Freight transfer facilities-J44].
(45) Fuel and ice dealers-J33].
(46) Agricultural supply sales-[19].
(47) Cold storage/locker plant-Il 5].
(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) ~ 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;
(e) 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 unloading of children so as not to
obstruct public street? or create traffic or safety hazards;
(e) All licenses have been issued or have been ~ipplied 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, 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-O1.TXT (4)
Amendments P_nd Reauthorization 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 Regulalions:
(1) Maximum 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.
(It)Signs: See Section 4-3 ofthi.~ Ordinance.
Prepared by: Laura Carstens, City Planner Address: 50 W. 13th St. City Hall Telephone: 589-4210
ORDINANCE NO. 87-03
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY
OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT 13503 SEIPPEL ROAD FROM DUBUQUE
COUNTY R-2 SINGLE-FAMILY RESIDENTIAL DISTRICT TO CITY OF DUBUQUE LI
LIGHT INDUSTRIAL DISTRICT, CONCURRENT WITH ANNEXATION.
Whereas, Kenneth and Maudne Harris, 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 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 proper~y from Dubuque
County R-2 Single-Family Residential District to City of Dubuque LI Light Industrial District, to wit:
Lot 2 of 1 of the SE % of the NE ~ in Section 25, T89N, R2E of the 5t~ P.M, and to
the centerline of the adjoining public right-of-way, alt 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.
Terrance M. Duggan, Mayor
Attest:
Passed, approved and adopted this 171:h day of November' 2003.
Jeanne F. Schneider, City Clerk