Zoning SW Seippel, Old Highway Road_Tri-State DevelopmentPlarmL~g Services DepariInent
c~ty H~
50 West i3th Street
Dubuque, Iowa 52001~1864
(563) 589-4210 office
(563) 589-4221 fax
(563) 69045678 TDD
p Iazming@cityoffiubuque.org
December 4, 2003
The Honorable Mayorand City Council Members
City of Dubuque
City Hall- 50W. 13th Street
Dubuque IA 52001
RE: Rezoning
Applicant: Tri-State Development
Location: Southwest Corner of Seippel Road and Old Highway Road
Description:
To rezone property from R-2 Two-Family Residential District to CS
Commercial Service & Wholesale District and CS Commercial Service
Wholesale Distdct to R-2 Two-Family Residential 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 was not present.
Staff reviewed surrounding zoning and land use and noted that the request cleans up the
zoning district boundaries previously approved in April 2003.
There was one public comment by Mason Cate, adjoining property owner. Mr. Cate
requested clarification regarding the boundaries of the R-2 and CS zoning districts, and the
street location relative to his property.
The Zoning Advisory Commission discussed the request, noting that the proposed changes
clean up the boundaries between the R-2 Two-Family Residential and the CS Commercial
Service and Wholesale District.
Recommendation
By a vote of 7 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.
7u,~ene~ .~specffullysubm itted,/'), .
a~
Zoning Advisory Commission
Attachments
Service People ~te~rl~y Responsibility Innovation Teamwork
[] Variance
[]Conditional Use Permit
[]Appeal
J~Special Exception
[]Umited Setback Waiver
PLANNTNG APPLTCATTON FORM
[]~ezoning
[]Planned District
[]Preliminary Plat
[]Minor final Plat
[]Text Amendment
[]Simple Site Plan
[]Minor Site Plan
[] Major Site Plan
[] Major Final Plat
f'-lSimpte SubdMsion
Ob/of Dubuque
Planning Services Department
Dubuque, IA 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
[]Annexation
r-]Temporary Use Permit
[]Cedificate of Economic Non-Viability
E~certificate of Appropriateness
Applicant/Agent: Phone:
Address: Qb/: State: Zip:
Fax Number: Mobile/Cellular Number:
SitelocaUon/address: ~.[,0, f,_c~.~...,-- ~,.. ~e;~,,~t o.,..~ (~:)Jc'b ~,~]~,Oe~,[ ~C.~,
Existing zoning: ~'2/~c~ Propcsedzoning: ~Z//_~ Historic District: ~/.~ Landmark: AJ./~;/
Legal Descfip~on (Sidwell parcel ID# or lot number/block number/subdivision):.
Total pr°perb/(lot) area (square feet or acres): Z~' ~? ~
Describe proposal and reason necessary (attach a letter of explanation, if needed):
CERTIFICATION: I/we, the undersigned, do hereby certify that:
1. The informaUon 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 addrdonal required written and graphic materials are at~ached.
Property Owner(s,: F.4/~..u~//.'~- ~~ ~ Date:
Applicant/Agent: Date:
FOR OF~CE USE ONLY - APPI.~CAT~ON SUBMTITAL CHECK~
[--ISite/sketch plan [] Conceptual Dev~(6pment Plan []Photo []Plat
[-]Improvement plans []Design review project description [--JFIoor plan [-]Other:
THE CITY OP
D
Vicinity Map
Applicant: Tri-State Development
Location: Southwest Corner of
Seippel Road and Old Highway Road
Description: To rezone property from
R-2 Two -Family Residential District to
CS Commercial Service & Wholesale
and CS Commercial Service & Whole-
sale to R-2 Two -Family Residential
District.
Proposed Area to be
Proposed Area to be
Rezoned to CS
Rezoned to R-2
REZONING STAFF REPORT Zoning Agenda: December 3, 2003
Property Address: Near the southwest corner of Seippel and Old Highway Roads
Property Owner: Tri-State Development
Applicant:
Brian Lammers
Proposed Land Use: Commercial/Residential
Proposed Zoning: CS/R-2
Existing Land Use: Vacant
Existing Zoning: CS/R-2
Adjacent Land Use:
North - Residential
East- Residential/Agricultural
South - Residential
West - Industrial
Adjacent Zoning: North - R-2
East - R-'I
South - CS
West - CS
Former Zoning:
County R-1
Total Area: 24.27 Acres
Property History: The subject property was included as part of a rezoning request
submitted 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 to be rezoned from County R-1 to City R-1
concurrent with annexation to allow development of a five 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. In April 2003, the parcel was proposed for rezoning to a combination of LI
Light Industrial, CS Commercial Service and Wholesale and R-2 Two-Family
Residential Districts. That request was approved in April 2003 by the City Council.
Physical Characteristics: The property has been graded to accommodate future
development and has frontage on Seippel Road.
Concurrence with Comprehensive Plan: This rezoning request implements the
Comprehensive Plan's Land Use Element Goal 1.5 and 2.2 and the Economic
Development Goal 3.4
Impact of Request on:
Utilities: The property can be adequately served by the City water main alOng Old
Highway Road. The needed sanitary sewer interceptor is approximately one mile
away and terminates in the south side of the landfill property. The sanitary sewer
will be extended to serve the subject property in the future.
Rezoning Staff Report - Near the southwest corner of Seippel and Old Highway Roads
Page 2
Traffic Patterns/Counts: The proposed property has frontage on Seippel Road.
Average daily traffic counts for 2001 are 510 vehicle tdps.
Public Services: Public Services are adequate to serve the proposed
development.
Environment: Storm water management will be required as part ofthe
development of the subject property. In addition, erosion control will be required to
minimize soil loss associated with development of this property.
Adjacent Properties: The development of this parcel for commemial and
residential uses will increase the number of vehicle trips on the surrounding
roadways.
ClP Investments: The City will be extending sanitary sewer to this property in the
future.
Staff Analysis: The applicant is requesting rezoning of a small portion of the property
from R-2 Two-Family Residential to CS Commercial Service and Wholesale District. In
addition, the applicant is also asking for an even smaller parcel to be rezoned from CS
Commercial Service and Wholesale Distdct to R-2 Two-Family Residential District.
This property was recently rezoned to CS and R-2 in Apdl 2003. The requested
rezonings are to provide uniform lot boundaries within the CS and R-2 Districts. The
rezoning is necessary, as the anticipated access to Seippel Road has been moved
away for the south property owned by the Cates. This changed the lot layout for the R-
2 and CS District, and thus has necessitated this small rezoning to clean up the
boundaries of the zoning districts.
Staff recommends that the Zoning Advisory Commission review Section 6-1.1 of the
Zoning Ordinance that establishes criteria for the review of rezoning requests.
Prepared by: -j Reviewed: ,4/,/,4t Date:
'
DU549 CH-01 .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 s'mgle-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 R-2 District.
(1) 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, columbariums-[47].
(6) Public and private/parochial schools approved by Iowa State Board of Public Instruction
6(-12)-[]01.
(7) Public or private parks, golf courses, or similar natural recreation areas-[47].
(8) Railroads and public or quasi-public utilities including substations-[47].
(9) Noncommercial nurseries and gardens-IN/A].
D 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.
0) 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.
(1 t ) 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 more than three (3) such sales shall be
allowed per premises per calendar year and not mom than three (3) consecutive days per sale.
(D) Conditiunal uses. The followin~ conditional uses are pemitted in the R-2 District, subject to
the provisions of Section 5 of this ordinance and are the minimttm requirements for
application to the board of adjustment for a conditional use permit:
(1) Bed and breakfast home, provided that
(a) The structure is either mgalated by the Historic Preservation Ordinance or is listed on
the National Register of Historic Places;
(b) The use is maintained within an owner-occupied, singie-~mily dwelling;
(e) The structure 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 (750)
square feet of floor area, with a maximum of five (5) sleeping rooms;
(d) Signage shall be limited to one wall-mounted sign not to exceed six (6) square feet in
area, not internally illuminatec[, and with direct lighting only with sharp cut-off
luminance;
(e) The permit shall not license the property for reatal as a private club, museum, or tour
home; and
(f) Parking shall be provided at a rote 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].
(b) 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 05) 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 apace at a given time;
(b) The parking group requirements can be met-[8];
(c) Such facility shall supply loading and unloading of children so as not to obsmact
public streets or create tra~c or safety ba?ards;
(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) nonilhnninated, wall-mounted sign not to exceed
four (4) square feet in area.
DU549 CH-01.TXT (3)
(4) Off-street parking of operable 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 screening 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-Sec Section 4-2 of this ordinance.
(E) Temporary us~. 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 necessary for construction
authorized by a valid building permit, provided the location of the building or Wailer has been
approved by the building official.
(F) Bulk regulations:
Front Yard Setbacks
Lot Area
in Square Lot Coverage
Feet Frontage as % Side Yard
x 1000 in Feet Lot Area Min. Max. Setback
R-2 DISTRICT
BULK REGULATIONS
Permitted Uses
Single-family residential 5 50 40
Two-family residential 6 50
Townhouse (maximum 2 DU) 3/DU 25/DU 40
Church (see Section 2-5.10) 20 100 40
Conditional uses
Hospice 6 50 40 20
Nursery school/day care 5 50 40 20
Rear YardB
Setback H~
% pepth
20 50 6 20
40 20 50 6
20 50 6/0 20
20 s 20 20
6
6
20
2O
(G) Parking requirements-See Section 4-2 of this ordinance.
(Iq) S/gm. 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 opemtious. The
CS uses are primarily characterized by large storage space requirements, high volume track
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) Principalpermitted 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-II4].
(3) Medical/dental lab-[8].
(4) Personal services-[14].
(5) Off-street parking lot-IN/A].
(6) Furniture/home furnishing-J27].
(7) Appliance sales and service-[27].
(8) Furniture upholstery/repair-II 8].
(9) Business services-[29].
(10) Office supply-[19].
( 11 ) Vending/game machines sales and service-[ 19].
(12) Mail-order houses-J23].
(]3) Lumberyards/huilding material
(14) Construction supplies, sales and service-[ 19].
(15) Printing/publishing-[32].
(16) Moving/storage facilities-J33].
(17) Auto service centers (TBA)-[34].
(18) Auto sales/service-[38].
(19) Auto repair/body shop-[35].
(20) Track sales/service repair-[39].
(21) Farm implements sales and service-J39].
(22) Auto parts/supply-[ 17].
DU549 CH,-01 .TXT (2)
(23) Mobile home sales-[40].
(24) Motomycle 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-J33].
(30) Wholesale saler~distributor-[29].
(31 ) Freight transfer facilities-[44].
(3 2) Fuel/ice dealers and manufacturing- [33 ].
03) Agricultural supply sales-[19].
04) Processing or assembly-[33].
(35) Tool, die and pattern-making-[33].
(36) Miniwarebousing- [47].
(37) Engine/motor sales, service and repair-[19].
08) Refrigeration equipment and supply, sales and service-[19].
09) Landscaping services (not including retail sales as primary use)-[29].
(40) Welding services-J29].
(41) Animal hospital/clinic-J23].
(42) Kennel-[231.
[ ] 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.
(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
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 disttiet, then six foot (6') side yard and
twenty percent (20%) lot depth rear yard setbacks required.
(G)£ar/~ng requirements. See Section 4-2 of this Ordinance.
(H)$ign~. See Section 4-3 of this Ordinance.
Prepared by: Laura Carstens. City Planner Address: 50 W. 13th St., C~ Hall Telephone: 589-4210
ORDINANCE NO. 99-03
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED NEAR THE SOUTHWEST
CORNER OF SEIPPEL ROAD AND OLD HIGHWAY ROAD FROM R-2 TWO-
FAMILY RESIDENTIAL DISTRICT TO CS COMMERCIAL SERVICE AND
WHOLESALE DISTRICT, AND FROM CS COMMERCIAL SERVICE AND
WHOLESALE DISTRICT TO R-.2 TWO-FAMILY RESIDENTIAL 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
Code of Ordinances is hereby amended by reclassifying the hereinafter-described
property from R-2 Two-Family Residential District to CS Commercial Service and
- Wholesale District, and from CS Commercial Service and Wholesale District to R-2
Two-Family Residential 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
Attest:
15th day of December 2003.
Terrance M. Duggan, Mayor
Jeanne F. Schneider, City Clerk
Exhibit 1
Applicant: Tri-State Development
Location: Southwest Corner of
Seippel Road and Old Highway Road
Description: To rezone property from
R-2 Two -Family Residential District to
CS Commercial Service & Wholesale
and CS Commercial Service & Whole-
sale to R-2 Two -Family Residential
District.
District
Proposed Area to be
Proposed Area to be
Rezoned to CS
Rezoned to R-2