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