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Request to Rezone_Dubuque Metropolitan Area Solid Waste AgencyPrepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210 Return to: Jeanne Schneider, City Clerk Address: City Hall- 50 W. 13 St Telephone: 589 -4121 ORDINANCE NO. 61-10 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT U.S. HIGHWAY 20 WEST FROM COUNTY A -1 AGRICULTURAL DISTRICT, COUNTY R -1 RURAL RESIDENTIAL DISTRICT AND CITY AG AGRICULTURAL DISTRICT TO CITY HI HEAVY INDUSTRIAL DISTRICT, WITH CONDITIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter - described property from County A -1 Agricultural District, County R -1 Rural Residential District, and City AG Agricultural District, with conditions, to wit: 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. Attest: As show n on Exhibit A, and to the centerline of the adjoining public right -of- way, all in the City of Dubuque, Iowa. Passed, approved and adopted this 20th dayf December 2010. eanne F. Schneider, City Clerk Roy D. B , Mayor ACCEPTANCE OF ORDINANCE NO. 61 -10 I, Ric W. Jones, representing Dubuque Metropolitan Solid Waste Agency, having read the terms and conditions of the foregoing Ordinance No. 61 -10 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 21st day of December By 2010. Ric W. 4'ones Dubuque Metropolitan Solid Waste Agency 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 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13 Street Dubuque IA 52001 Applicant: Chuck Goddard, Dubuque Metropolitan Solid Waste Agency (DMSWA) Location: Highway 20 West Description: To rezone landfill property, in conjunction with annexation, from County A- 1 Agricultural District, County R -1 Rural Residential District and City AG Agricultural District to City HI Heavy Industrial District, with conditions. 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 Don Vogt, City Public Works Director, spoke in favor of the request, reviewing the area to be rezoned and the area to be annexed. He reviewed the history of the landfill's operation, the proposed land use plan for the landfill, and the agricultural buffer. He also reviewed landfill regulations and DMASWA's regional comprehensive solid waste plans. Staff reviewed the area to be rezoned and annexed, and noted that the landfill was originally annexed in 2000 and was grandfathered at that time. Staff reviewed the proposed conditions on the rezoning, and the buffer around the landfill. A letter of opposition was received and filed. There were no other public comments. Masterpiece on the Mississippi Dubuque AA- America City '1 2007 December 7, 2010 The Zoning Advisory Commission discussed the request, and had no objection to the request. They commended the Landfill agency for the quality of their operation. Recommendation By a vote of 7 to 0, the Zoning Advisory Commission recommends that the City Council approve the request, subject to the following conditions: Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 1. That the permitted uses for this Heavy Industrial District shall be limited to the following: Attachments a. Automated gas station b. Freight transfer facility c. Resource recovery / recycling center (outdoor /indoor) d. Railroad or public or quasi - public utility, including substation. e. Sanitary landfill 2. That the conditional uses for this Heavy Industrial District shall be limited to the following: a. Wind energy conversion system A simple majority vote is needed for the City Council to approve the request. A super - majority vote is needed for the City Council to amend the conditions. Respectfully submitted, Jeff Stiles, Chairperson Zoning Advisory Commission cc: Don Vogt, Public Works Director Chuck Goddard, DMASWA Service People Integrity Responsibility Innovation Teamwork Masterpiece oil the Mississippi ❑ Variance DConditional Use Permit DAppeal ❑ Special Exception Limited Setback Waiver Rezoning Address: 50 W. 13 St. Dubuque A A!- NnaitaCil 'III E' 2007 Please type or print legibly in ink Fax Number: Applicarit /Agent: Chuck Goddard Address: 50 W. 13 St. Fax: 589 -4252 PLANNING APPLICATION FORM ['Planned District ❑Preliminary Plat ['Minor Final Plat ['Text Amendment ['Simple Site Plan ['Minor Site Plan Site location /address: Highway 20 West Cell: DMajdr Site Plan DMajor Final Plat ❑Simple Subdivision 12 Annexation ❑Temporary Use Permit City: Dubuque City: Dubuque Existing zoning: AG /County Proposed zoning: HI District: N/A Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): See attached. City of Dubuque Planning Services Department Dubuque, IA 52001 -4864 Phone: 563-589-4210 Fax: 563- 589 -4221 ❑Certificate of Economic Non - Viability DCertificate of Appropriateness ❑Historic Designation ❑Neighborhood Assoc DAdvisory Design Review ['Other: Property owner(s): Dubuque Metropolitan Sold Waste Agency (DMSWA) Phone: State: Iowa Zip: 52001 Cellular Number: E -mail Address: Phone: 589 -4250 State: Iowa Zip:52001 E -mail: Landmark: N/A Total property (lot) area (square feet or acres): 318.25 acres Describe proposal and reason necessary (attach a letter of explanation, if needed). Rezoning in conjunction with annexation will facilitate continued operation of regional landfill. CERTIFICATION: I /we, the undersigned, do hereby certify that: 1. It is the property owner's responsibility to locate property lines and to check your 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. Property Owner(s): Applicant /Agent: Date: Date: G l — f- -2at() FOR OFFICE USE ONLY — APPLICATION SUBM AL CHECKLIST / !/ Y Fee: Received by: Date: Q' / • Zo ICDocket: ❑ Site /sketch plan 0 Conceptual Dev opment Plan ❑Photo ❑ Plat 0 Improvement plans ❑ Design review project description ❑ Floor plan 0 Other: Dubuque Metropolitan Area. Solid Waste Agency providing environmentally sound solid waste solutions September 1, 2010 The Honorable Mayor and City Council City of Dubuque City Hall - 50 W. 13 Street Dubuque IA 52001 RE: Application for Rezoning Dear Mayor and City Council Members: We, the Board of Directors of the Dubuque Metropolitan Area Solid Waste Agency (DMASWA), owner of approximately 318.25 acres of property located west of U.S. 20 in Dubuque County, Iowa, legally described as shown on the enclosed Exhibit B, hereby request rezoning of this property as shown on the enclosed Figure 1. We further request this rezoning to HI Heavy Industrial District of both the DMASWA property currently in the city limits of Dubuque and the proposed annexation territory, be subject to the following conditions: #5. Wind energy conversion system These selected principal permitted uses and conditional use will allow the current operations of the sanitary landfill, as well as related activities including: composting, recycling of appliances, electronics, and other solid waste, and household hazardous materials center. The automated gas station provides for the proposed CNG (compressed natural gas) vehicle fueling station. The principal permitted uses be limited to the following HI permitted uses: #4. Automated gas station #18. Freight transfer facility #40. Resource recovery/recycling center (outdoor /indoor) #43. Railroad or public or quasi - public utility, including substation #45. Sanitary landfill. The conditional uses be limited to the following HI conditional uses: Enclosure is W. Jo s, Chairperson Dubuque Metropolitan Area Solid Waste Agency 925 Kerper Court Dubuque, IA 52001 -2405 Phone: 563 - 589 -4250 Fax: 563 - 589 -4252 h.1Pubhc Wort 5 Anne,atmnZoning mud pk -Lf,ks Zonm07010 pdf created b1 I@IB 2010 -03-17 DISCLAIMER T - - Legend Area to be Rezoned DMASWA -owned Land Existing Dubuque City Limits ... ..Aa 71-3Ecrtros l�t.sayfOr4oit Af4.4.csippt Base Data Provided by Dubuque County GIS Dubuque ICd� ' I I I I THE CITY OF 2007 DUB Legend City of Dubuque ® Proposed Area to be Rezoned DMSWA Annexation Area Masterpiece on the Mississippi Vicinity Map Applicant: Chuck Goddard, Dubuque Metropolitan Solid Waste Agency (DMSWA) Location: Highway 20 West N Description: To rezone landfill property, in conjunction with annexation, from County A -1 Agricultural District, County R -1 Rural Residential District and City AG Agricultural District to City HI Heavy Industrial District. Gentlemen: Planning Services Department City of Dubuque 50 West 13th Street Dubuque, Iowa 52001 -4864 James W. McFarlane 81 Wyandanch lane Southampton, NY 11968 mcprop @verizon.net �+ l- IC-RC')tic This letter is in regard to proposed zoning changes involving parcels of Dubuque land located near the present landfill. As background: my parents purchased most of the hilltop located above the present location of the landfill back in the mid fifties. Their idea was to build a modest home on a higher elevation with a spectacular view to the East. (As far as I recall, one can see the Sinnsinnawa Mound on a clear day.) However, due to a variety of reasons, this plan was never executed but we still enjoyed the property for an occasional picnic and the sighting in of our hunting rifles. Most significantly, the Dubuque City Landfill gave the coup de gras to any still existing plans and, since that time, we have done nothing but pay property tax. Due to the landfill, the only value remaining might be for a radio /cell tower or a refreshment stand for garbage truck drivers. Since it is obvious that the City of Dubuque has no concrete plan to reduce the amount of refuse it is willing to plant at that site and most likely is intending to increase the scope and quantity of refuse stored there, the conclusion can only be that the landfill will never be closed and our property will remain unusable forever. Therefore, in the hopes that by restricting the landfill management's attempt to enlarge their area, that the date of "sun setting" this facility would be closer, I am adamantly opposed to any zoning change. Further, zoning is the legal right of the citizenry to determine the size, type and use of structures and property within their jurisdiction. If at any time, such an adverse use of agricultural land can simply be "zoned in" without environmental impact studies and without regard to how this re- zoning might conform to what we would normally call the "Master Plan of Development and Zoning" for any municipality of any size here on the East Coast, then the Dubuque Zoning Code is in grievous need of immediate overall. It is depressing to think that the Dubuque City Fathers would not have a plan in place to reduce refuse quantities by separation and re- cycling as is done in Western Europe and, most significantly, in San Francisco for example. There, each home owner must separate all the various items of refuse as: paper, metal, plastic, glass, appliances of every sort and food residues. The city run garbage service only picks up any other items not in the above list. The re- cycables must, repeat, must be taken to the re- cycling center by each home owner. The "wet" or food refuse is picked up by special trucks that re -cycle it into animal feed and /or agricultural fertilizer. Thusly, the net refuse needed to be picked up by the city agency shrinks to a mere percentage of the earlier quantity. These are the steps that should be taken rather than allow the landfill authority to expand until they have destroyed the environment and the property values of all homeowners in a ten mile radius. I thank you for your attention. Sincerely, J James W. McFarlane formerly of Wood Street, DHS 1954 REZONING STAFF REPORT Zoning Agenda: November 3, 2010 Property Address: Highway 20 West Property Owner: Dubuque Metropolitan Solid Waste Agency (DMSWA) Applicant: Chuck Goddard Proposed Land Use: Sanitary landfill Proposed Zoning: HI Existing Land Use: Sanitary landfill /Agricultural Existing Zoning: County A- 1/R -1/ City AG Adjacent Land Use: Former Zoning: Impact of Request on: North — AG East — Commercial South — AG West — AG 1934 — County 1975 — County 1985 — County Utilities: Existing utilities are adequate to serve the site. Adjacent Zoning: North — City AG /R -1 East — County B -2/M -1 South — County R -1/A -1 West — County R -1 Total Area: 318.25 acres Property History: The area currently included within the landfill property has been utilized by the agency since 1976. The area to be annexed and rezoned to Heavy Industrial has been used for agricultural uses. Physical Characteristics: The topography of the site is rolling in nature and generally drains to the southeast. Concurrence with Comprehensive Plan: The property to be annexed to the City is designated on the Future Land Use Map Agricultural and Rural Density Residential. The portion of the landfill annexed to the City in 2000 is designated as Heavy Industrial. The proposed rezoning involves the Land Use Element Goals 3.3 and 3.5. The request also involves the Environmental Quality Goals 5.5 and 5.7. Traffic Patterns /Counts: The landfill access is from U. S Highway 20. The 2009 IDOT traffic counts indicate there are 19,400 average daily trips along this section of the highway. Public Services: Existing public services are adequate to serve the property. Rezoning Staff Report - Highway 20 West (DMSWA) Page 2 Environment: Staff does not anticipate any adverse impact to the environment provided the Federal and State requirements for sanitary landfills are complied with as part of opening new cells within the landfill. Adjacent Properties: Planning staff does not anticipate any significant impacts to surrounding property as there has been a sanitary landfill in this area since 1976. CIP Investments: The Dubuque Metropolitan Solid Waste Agency plans on spending over $40 million to expand capacity to insure the continued operation of the landfill for another approximate 50 years. Staff Analysis: The Dubuque Metropolitan Solid Waste Agency (DMSWA) is proposing annexation and rezoning of property to provide for the future operation of the regional landfill. A letter from Ric Jones, Chairperson DMSWA is attached to this staff report that outlines the Agency's request and proposed conditions on permitted and conditional uses. The landfill was first annexed to the City as part of the Highway 20 annexation in 2000. The landfill was not rezoned at that time, as its operation was grandfathered in as part of the annexation. DMSWA is proposing as part of the annexation of 178.29 acres, that a portion of the area to be annexed as well as the existing area occupied by the landfill be rezoned to Heavy Industrial District. A total of 318.25 acres is included in the proposed rezoning. DMSWA is proposing that the principal permitted uses for the proposed Heavy Industrial District be limited to automated gas station, freight transfer facility, resource recovery/recycling center (outdoor /indoor), railroad or quasi - public utility including substations and sanitary landfills. The conditional uses would be limited to wind energy conversion systems. The selected principal permitted and conditional uses will allow the current operation of the sanitary landfill as well as related activities including composting, recycling of appliances, electronics and other solid waste, and continued operation of the household hazardous material center. The permitted use of an automated gas station allows for the construction of a future compressed natural gas (CNG) vehicle fueling station. The property that will be annexed to the City of Dubuque but not zoned Heavy Industrial are areas that will not be used as part of the landfill operation. The only use of these areas will be as borrow sites for soil used to cover active landfill cells. These areas would also serve as buffers for surrounding property owners from the actual landfill operations themselves. Planning staff has attached to this staff report a draft ordinance for the rezoning of the subject property as well as a memorandum of agreement that reflects the condition that limits the principal permitted and conditional uses as outlined in the letter from DMSWA. Rezoning Staff Report - Highway 20 West (DMSWA) Page 3 Planning staff recommends that the Zoning Advisory Commission review Section 9 -5 of the Unified Development Code that establishes criteria for rezoning requests. Prepared by: Reviewed: £/ /A Date: /0'27.10 2009 Photo Section 2 -Land Use Regulations Article 5: Zoning Districts Grain or barge terminal Manufacturing, primary Sewage treatment plant Wind energy conversion system 5 -19 HI Heavy Industrial The HI District is intended to provide locations for industrial uses which by their nature generate levels of smoke, dust, noise, odors, or other visual impacts that render them in- compatible with virtually all other land uses. The district is also intended to provide loca- tions for a limited amount of commercial development that will serve employees of sur- rounding industrial uses. 5 -19.1 Principal Permitted Uses The following uses are permitted in the HI district: 1. Agricultural supply sales 2. Animal hospital or clinic 3. Auto part sales 4. Automated gas station 5. Bakery (wholesale /commercial) 6. Bank, savings and loan, or credit union 7. Bar or tavern 8. Business services 9. Carwash, full- service 10. Carwash, self - service 11. Cold storage or locker plant 12. Construction supply sales and service 13. Contractors shop or yard 14. Convenience store 15. Crematorium, reduction plant, foundry, forge or smelter 16. Dental or medical lab 17. Drive -up automated bank teller 18. Farm implement sales, service or repair 19. Freight transfer facility 20. Fuel or ice dealer 21. Furniture upholstery or repair 22. General office 23. Grain or barge terminal 24. Indoor recreation facility 25. Indoor restaurant 26. Junkyard or salvage yard 27. Kennel 28. Laboratory for research or engineering 29. Lumberyard or building material sales 30. Mail order house 31. Manufacturing, primary 32. Manufacturing, secondary 33. Mini - warehousing 34. Mobile home sales 35. Moving or storage facility 36. Off street parking lot 37. Packaging, processing, or storing meat, dairy or food products 38. Passenger transfer facility 39. Parking structure 40. Resource recovery /recycling center (outdoor /indoor) 41. Pet daycare or grooming 42. Printing or publishing TIE CRY Of _ -__- - -- DUB E 711E CRY OF Section 2 -Land Use Regulations Article 5: Zoning Districts 43. Railroad or public or quasi - public utility, including substation 44. Restaurant, drive in or carryout 45. Sanitary landfill 46. Service station 47. Sewage treatment plant 48. Slaughterhouse or stockyard 49. Tool, die, or pattern making 50. Upholstery shop 51. Vehicle body shop 52. Vehicle sales or rental 53. Vehicle service and repair 54. Vending or game machine sales or service 55. Warehousing, packaging, distribution or storage facility 56. Welding services 57. Wholesale sales or distributor 5 -19.2 Conditional Uses The following conditional uses may be permitted in the HI district, subject to the provisions of Section 8 -5: 1. Licensed adult day services 2. Licensed child care center 3. Residential use 4. Retail sales and service 5. Wind energy conversion system 5 -19.3 Accessory Uses The following uses are permitted as accessory uses as provided in Section 3 -7: 1. Any use customarily incidental and subordinate to the principal use it serves 2. Drive -up automated bank teller 3. Wind turbine (building - mounted) 5 -19.4 Temporary Uses The following uses may be permitted as temporary uses in the HI district in conformance with the provisions of Section 3 -19: 1. Any use listed as a permitted use within the district. 5 -19.5 Parking Minimum parking requirements shall be regulated in conformance with the provisions of Article 14. 5 -19.6 Signs Signs shall be regulated in conformance with the provisions of Article 15. DJB Section 2 —Land Use Regulations 5 -19.7 Bulk Regulations HI Heavy Industrial Min Lot Area (square feet) Min Lot Frontage (feet) Max Lot Coverage (% lot area) Front (feet) Min Max Setbacks Min Side' Min Rear (feet) (feet) Max Height (feet) All Other Uses 150 'When abutting a residential or office - residentail district, a 20 -foot side setback is required. 2 When abutting a residential or office - residentail district, a 20 -foot side setback is required. Vehicle sales 20,000 Street Article 5: Zoning Districts 150 n�rtcm o z,, — DU E Th .1-1 e Midpoint fig ht Shed Roof fi Midpoint Height 1 Gable or Hip Roof_ z•-•.--------t fi Deckhne Height i Mansard or Gambrel Roof _ I Highest Level Height 4 , Flat Roof Section 2 —Land Use Regulations 5 -19.7 Bulk Regulations HI Heavy Industrial Min Lot Area (square feet) Min Lot Frontage (feet) Max Lot Coverage (% lot area) Front (feet) Min Max Setbacks Min Side' Min Rear (feet) (feet) Max Height (feet) All Other Uses 150 'When abutting a residential or office - residentail district, a 20 -foot side setback is required. 2 When abutting a residential or office - residentail district, a 20 -foot side setback is required. Vehicle sales 20,000 Street Article 5: Zoning Districts 150 n�rtcm o z,, — DU E Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210 Return to: Jeanne Schneider, City Clerk Address: City Hall- 50 W. l3t" St Telephone: 589 -4121 ORDINANCE NO. 10 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT U.S. HIGHWAY 20 WEST FROM COUNTY A -1 AGRICULTURAL DISTRICT, COUNTY R -1 RURAL RESIDENTIAL DISTRICT AND CITY AG AGRICULTURAL DISTRICT TO CITY HI HEAVY INDUSTRIAL DISTRICT, WITH CONDITIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter - described property from County A -1 Agricultural District, County R -1 Rural Residential District, and City AG Agricultural District, with conditions, to wit: As shown on Exhibit A, 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 take effect immediately upon publication, as provided by law. Attest: Passed, approved and adopted this day of 2010. Jeanne F. Schneider, City Clerk Roy D. Buol, Mayor MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (2007), and as an express condition of rezoning of the property described as: As shown on Exhibit A, and to the center line of the adjoining public right -of -way, all in the City of Dubuque, Iowa which is the subject of Ordinance No. -10 , 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) Performance Standards: 1) That the permitted uses for this Heavy Industrial District shall be limited to the following: a) Automated gas station b) Freight transfer facility c) Resource recovery/recycling center (outdoor /indoor) d) Railroad or public or quasi - public utility, including substation. e) Sanitary landfill 2) That the conditional uses for this Heavy Industrial District shall be limited to the following: a) Wind energy conversion system B) Modifications. Any modifications of this Agreement shall be considered a zoning reclassification and shall be subject to the provisions of the Unified Development Code governing zoning reclassifications. All such modifications must be approved by the City Council of Dubuque, Iowa. C) Construction. This Agreement shall be construed and interpreted as though it were part of Title 16 of the Code of Ordinances of the City of Dubuque, also known as the Unified Development Code of the City of Dubuque, Iowa. D) This Agreement shall be binding upon the undersigned and his /her heirs, successor and assignees. ACCEPTANCE OF ORDINANCE NO. -10 I, Ric W. Jones, representing Dubuque Metropolitan Solid Waste Agency, having read the terms and conditions of the foregoing Ordinance No. -10 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this day of 2010. By Ric W. Jones Dubuque Metropolitan Solid Waste Agency