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Text Amendment_City of Dubuque Resource Recovery Recycling CentersPlanning 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 @cityofdubuq ue.org The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13 Street Dubuque IA 52001 Applicant: City of Dubuque Description: To amend Article 2.3 Definitions and Article 5 -19.1 HI Heavy Industrial District to modify regulation of Resource Recovery/Recycling Centers 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 Staff reviewed the reasons for the proposed change, noting that many of the City Heavy Industrial Districts are located near older neighborhoods and the riverfront. Staff indicated that some resource recovery/recycling centers could produce smoke, dust or odor that would be more effectively controlled by being inside a building. There were no public comments. The Zoning Advisory Commission discussed the request, noting that the proposed change is reasonable and will protect surrounding property. 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. Respectfully submitted, U4)/-fir, Jeff S Iles, Chairperson Zoning Advisory Commission Masterpiece on the Mississippi December 7, 2010 Service People Integrity Responsibility Innovation Teamwork Dubuque IUMmesicatly '1 2007 Masterpiece on the Mississippi ['Variance ['Conditional Use Permit ❑Appea I ['Special Exception ['Limited Setback Waiver ❑Rezoning Fee: Received by: Dubuque 2007 Please type or print legibly in ink Property owner(s): Address: City: Fax Number: PLANNING APPLICATION FORM ❑ Planned District ['Preliminary Plat ['Minor Final Plat RText Amendment ❑ Simple Site Plan ['Minor Site Plan Applicant /Agent: City of Dubuque Planning Services Department Phone: State: Cellular Number: E -mail Address: Phone: 563.589.4210 Address: 50 W. 13 St. City: Dubuque State: IA Zip: 52001 Fax: 563.589.4221 Cell: E -mail: Site location /address: Existing zoning: Proposed zoning: District: Landmark: Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): Total property (lot) area (square feet or acres): Describe proposal and reason necessary (attach a letter of explanation, if needed):. Amend Article 2.3 Definitions and Article 5 -19.1 HI Heavy Industrial District to modify regulations of resource recovery /recycling centers. CERTIFICATION: I /we, the undersigned, do hereby certify /acknowledge that: 1. 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. Property Owner(s): Date: Applicant/Agent: Date: PM/ M' FOR OFFICE USE ONLY — APPLICATION SUBMITTAL CHECKLIST ['Major Site Plan ['Major Final Plat ❑Simple Subdivision ['Annexation ['Temporary Use Permit Date: /1./4 • 4; Docket: City of Dubuque Planning Services Department Dubuque, IA 52001 -4864 Phone: 563 -589 -4210 Fax: 563 - 589 -4221 ❑Certificate of Economic Non - Viability ['Certificate of Appropriateness ['Historic Designation ['Neighborhood Assoc ['Advisory Design Review ['Other: Zip: ❑ Site /sketch plan ❑ Conceptual Develoment Plan ❑Photo ❑ Plat ❑ Improvement plans ❑ Design review project description ❑ Floor plan ❑ Other: Masterpiece on the Mississippi TO: Zoning Advisory Commission FROM: Kyle L. Kritz, Associate Planner KLK/mkr Dubuque killtd AU•AmerlcaCity 1111 r 2007 November 16, 2010 SUBJECT: UDC Text Amendment to modify regulation of Resource Recovery / Recycling Centers INTRODUCTION Planning Services staff is proposing amending the Unified Development Code (UDC) to modify the definition of resource recovery / recycling centers and eliminate the option to have an outdoor center. Attached is an ordinance amending UDC Article 2.3 Definitions and UDC Article 5 -19.1 Heavy Industrial District to modify regulation of resource recovery / recycling centers. DISCUSSION As part of the UDC, the resource recovery / recycling center was added as a use in the LI Light Industrial, MHI Modified Heavy Industrial, and HI Heavy Industrial districts. These centers were required to be indoor facilities in the LI and MHI, and indoor or outdoor facilities in the HI District. Planning staff believes an outdoor resource recovery / recycling center may be problematic as the existing heavy industrial zoning districts are located along the City's riverfront. Heavy Industrial zoning exists along Kerper Boulevard, east of downtown and south of Julien Dubuque Bridge along the river. Outdoor resource recovery / recycling centers may have the potential to generate excessive volumes of noise, dust and /or odors that would be more effectively controlled by requiring them to be indoors. Planning staff is proposing to modify the definition of a resource recovery / recycling center to eliminate the outdoor option, and then modify the HI Heavy Industrial District to only list indoor resource recovery / recycling centers. RECOMMENDATION Planning staff recommends the Zoning Advisory Commission review the information contained in this memorandum, and make a recommendation of approval to the City Council for the proposed UDC text amendment modifying regulation of resource recovery / recycling centers. Section 1— General Provisions Article 2: Definitions Recreational Vehicle (RV): a vehicular unit designed for recreational camping or travel use under its own power or designed to be mounted on or drawn by a motor vehicle. Recreational vehicle includes motor home, truck camper, travel trailer, camping trailer, and fifth wheel. Recreational Vehicle Park: a tract of land upon which two or more recreational vehicle sites are located, estab- lished, or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes by campers, vacationers, or travelers. Redevelopment: the act of rehabilitation or demolition of existing buildings and/or land area irrespective of whether a change occurs in land use. Residence: a building used, designed, or intended to be used as a home or dwelling place for one or more fami- lies. Resource Recovery/Recycling Center: indoor and outdoor facilities for obtaining useful materials or energy from solid waste or recycled materials. Materials can be reused for their original purpose, packaged and shipped elsewhere, reprocessed for a different purpose or converted into energy, not to include a biofuels plant or a sal- vage yard. Restaurant, Drive - In /Carryout: any business establishment or portion thereof where food is prepared for sale for consumption off the premises and/or served in disposable containers or wrappers, including all fast food res- taurants equipped with a drive - through service and/or having a carryout service, and not serving beer, wine or alcoholic beverages. Restaurant, Indoor: any business establishment or portion thereof where food is prepared for sale for consump- tion on the premises, including all sit -down restaurants, where food and beverage are served in nondisposable containers and which may involve carryout service and the serving of beer, wine and alcoholic beverages on the premises of a limited nature as an accessory use to the restaurant, as defined in this section. Retail Commercial: a stand -alone building with a large parking lot or a part of a larger commercial center, with a gross floor area of 60,000 square feet or more, including but not limited to department store, supermarket, wholesale club operation, discount store, general merchandise retailer, specialized product store (i.e., electronics, building materials or pet supplies), outlet store, general merchandise wholesaler open to the public, warehouse club, and similar uses. Retail Sales or Service: establishments less than 60,000 square feet engaged in selling or renting goods or mer- chandise to the general public for personal or household consumption and/or services in conjunction or separate to the sale of such goods. Retail sales /service establishments shall not include eating and drinking places, uses defined as adult entertainment, vehicle sales or service, or wholesale, processing or manufacturing operations with an accessory retail outlet on the premises. Righ Retention Basin: a facility for the temporary storage of stormwater with a permanent water surface. Rezoning: an amendment to or change in the Official Zoning Map. Right - of - Way (ROW): an area or strip of land, either public or private, on which an ir- revocable rite of passage has been dedicated, recorded, or otherwise legally established for the use of vehicles, utilities and /or pedestrians. Road: see Street. 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 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. 13 St Telephone: 589 -4121 ORDINANCE NO. 63 -10 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY AMENDING ARTICLE 2, DEFINITIONS, TO MODIFY DEFINITIONS OF RESOURCE RECOVERY / RECYCLING CENTER AND AMEND ARTICLE 5, ZONING DISTRICTS, TO ELIMINATE OUTDOOR RESOURCE RECOVERY / RECYCLING CENTER. 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, Article 2 -3 is hereby amended as follows: Resource Recovery / Recycling Center: indoor and -e eer facilities for obtaining useful materials or energy from solid waste or recycled materials. Materials can be reused for their original purpose, packaged and shipped elsewhere, reprocessed for a different purpose or converted into energy, not to include a biofuels plan or a salvage yard. Section 2. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, Article 5 -19.1 is hereby amended as follows: 5 -19.1 40. Resource Recovery / Recycling Center ( indoor only). Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. This ordinance shall take effect immediately upon publication, as provided by law. Attest: Passed, approved and adopted this 2 o t h day of December 2010. -anne F. Schneider, City Clerk Roy D. Bur�,C Mayor