Zoning DMASWA Hwy 20 Northwest
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MEMORANDUM
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May 11 , 2005
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TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
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SUBJECT: DMASWA Rezoning Application
The Dubuque Metropolitan Area Solid Waste Agency was recently approached by a
local businessman, Tim Hodge, on behalf of Allied Waste/SF!. Allied Waste/SFI is a
local solid waste collection service provider, which desires to relocate to a new,
dedicated facility. Its current facility is located at 1755 Radford Road.
Allied/SFI is the Agency's largest customer, its contracted recyclables processor, and
hosts the Agency's designated recyclables drop-off facility. Mr. Hodge and Allied/SFI
have indicated a strong desire to construct their new facility adjacent to the Agency's
landfill, which Allied/SFI's trucks use daily. The Agency would still retain ownership of
5-10 acre parcel to be developed.
In order for the DMASWA/Hodge/Allied/SFI initiative to proceed, a number of issues
must be resolved in a timely manner. First and foremost, the Agency's highway
frontage acreage needs to be rezoned from AG (Agricultural District) to LI (Light
Industrial). Secondly, since the property lies within the Iowa Department of
Transportation's U.S. Highway 20 Corridor Preservation Zone, any development on the
property must be approved by IDOT. Finally, any development on the Agency's
property must satisfy Agency and City of Dubuque concerns regarding site aesthetics
and visibility from one of Dubuque's most important gateways.
The property in question consists of 47.848 acres along the northwest side of U.S.
Highway 20. It was acquired by the Agency in April of 1993 during a public auction at
the site. The Agency itself is a 28E partnership of the City and County of Dubuque,
charged with managing the landfill facility owned by and serving all Dubuque county
residences and businesses. It is not tax-supported.
Public Works Director Don Vogt requests City Council support of the Agency's petition
for its rezoning application.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
(ll L,\1 l ,/)1, #
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Micha I C. Van Milligen
MCVM/jh
Attachment
cc: Sarry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Don Vogt, Public Works Director
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MEMORANDUM
May 10, 2005
TO: Michael C. Van Milligen, City Manager
FROM: Don Vogl, Public Works Director~
SUBJECT: DMASWA Rezoning Application
INTRODUCTION
The purposes of this memorandum are to provide information and recommend a course
of action concerning the Dubuque Metropolitan Area Solid Waste Agency's (DMASWA)
application to rezone its U.S. Highway 20 frontage property.
DISCUSSION
The property in question consists of 47.848 acres along the northwest side of U.S.
Highway 20. It was acquired by the Agency in April of 1993 during a public auction at
the site. The Agency itself is a 28E partnership of the City and County of Dubuque,
charged with managing the landfill facility owned by and serving all Dubuque county
residences and businesses. It is not tax-supported.
Since its purchase twelve years ago, the property was used first as a buffer to preclude
encroachment upon the Agency's landfill cells #5-8. These cells, though not
constructed at the time, were mapped in 1975 and approved by the Iowa Department of
Natural Resources (IDNR) in 1976. They have all subsequently been constructed and
are still in use. With the construction of those cells, the acreage in question has been
used in recent years as a "soil borrow" area.
The Agency was recently approached by a local businessman, Tim Hodge, on behalf of
Allied Waste/BFI. Allied Waste/BFI is a prominent local solid waste collection service
provider, which desires to relocate to a new, dedicated facility. Its current facility is
located at 1755 Radford Road. Allied/BFI is the Agency's largest customer, its
contracted recyclables processor, and hosts the Agency's designated recyclables
dropoff facility. Mr. Hodge and Allied/BFI have indicated a strong desire to construct
their new facility adjacent to the Agency's landfill, which Allied/BFI's trucks use daily.
The Agency would still retain ownership of the property to be developed, which would
be @5-10 acres adjoining the Kluck Construction facility properties at 14285 U.S.
Highway 20 (see attachment). The Kluck properties, 2.63 acre and 17.47 acre parcels,
are located in the county and are zoned B1 (Business District) and B2 (Highway
Business District) respectively. The next highway frontage property to the west, at
14407 U.S. Highway 20, is the McDermott Excavating facility, also in the county and
zoned M1 (Industrial). Immediately across U.S. Highway 20 from the Agency's frontage
property is the Portzen Construction development site, 40 acres located in the city and
zoned C3 (General Commercial).
In order for the DMASWAlHodge/Allied/BFI initiative to proceed, a number of issues
must be resolved in a timely manner. First and foremost, the Agency's highway
frontage acreage needs to be rezoned from AG (Agricultural District) to LI (Light
Industrial). Secondly, since the property lies within the Iowa Department of
Transportation's (IDOT) U.S. Highway 20 Corridor Preservation Zone, any development
on the property must be approved by IDOT. Finally, any development on the Agency's
property must satisfy Agency and City of Dubuque concerns regarding site aesthetics
and visibility from one of Dubuque's most important gateways.
ACTION STEP
Your support of the Agency's petition to the City Council for its rezoning application is
requested.
CC: Dubuque Metropolitan Area Solid Waste Agency Board of Directors
Dubuque Metropolitan Area Solid Waste Agency Secretary
Attachment
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Planning Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 589-4210 office
(563) 589-4221 fax
(563) 690-6678 TDD
planning@cityofdubuque.org
www.cityofdubuque.org
THE CITY OF -S::t;~~
DUBlJQUE
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May 9, 2005
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The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
DubuquelA 52001
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RE: Rezoning
Applicant: Dubuque Metropolitan Area Solid Waste Agency
Location: Highway 20 West
Description: To rezone property from AG Agricultural District to 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
Public Works Director Don Vogt, representing the applicant, spoke in favor of the
request, reviewing the location of the subject property to be rezoned, access to the
property, current use of the property and the proposal for 8FI, Inc. to relocate their
operation to the site.
Staff reviewed the surrounding zoning and land use, and noted that the lOOT has
provided a letter stating they have no objections to rezoning. The lOOT would have an
opportunity to review a site plan for any new use within the corridor preservation zone
along Highway 20 West.
There were several public comments from neighbors in opposition to the request,
indicating concerns for negative impact to their homes and the loss of property value.
The Zoning Advisory Commission discussed the request, noting that a request for light
industrial zoning to allow a recycling industry on a gateway into the community is not
consistent with sound community growth and development when there are other light
industrial zoned parcels in the city.
Recommendation
8y a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council
deny the request.
Service
People
Integrity
Responsibility
Innovation
Teamwork
Highway 20 West - Rezone AG to LI
May 9, 2005
Page 2
A super majority vote is needed for the City Council to approve the request. A simple
majority vote is needed for the City to concur with the recommendation to deny.
Respectfully submitted,
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Jeff Stiles, Chairperson
Zoning Advisory Commission
Attachments
cc: Don Vogt, Public Works Director
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Oty of Dubuque
Planning Services Department
Dubuque, IA 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
PLANNING APPLICATION FORM
o Variance
OConditional Use Permit
OAppeal
o Special Exception
OUmited Setback Waiver
o Rezoning
OPlanned District
OPreliminary Plat
OMinor Final Plat
[]Text Amendment
OSimple Site Plan
OMinor Site Plan
o Major Site Plan
o Major Final Plat
OSimple Subdivision
OAnnexation
OTemporary Use Pennit
OCertificate of Economic Non-Viability
OCertificate of Appropriateness
OOther:
Please tvoe or Drint leGiblv in ink
Propertyowner(s): Dubuque Metropolitan Area Soqid Waste Aqen~one:
557-1818
Address: 925 Ke rpe r Blvd.
Oty: Dubuque
State:~ Zip: 52001
Fax Number: 589-4252
Mobile/Cellular Number:
Applicant{Agent: Don Vogt
Phone: 589-4250
Address: 925 Kerper Blvd.
Oty: Dubuque
State: -1..8..- Zip: 52001
Fax Number: 589-4252
Mobile/Cellular Number:
Site location/address: Dubuque Metro Landfi 11
Existing zoning: AG
Proposed zoning: L I
Historic District:
N/A
landmark: NI A
Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): Lot 1 of 2 of 1
N 1/2 NE 1/4 Sec. 6, T88N, R2E.
Total property (lot) area (square feet or acres): 47.84 acres
Desaibe proposal and reason necessary (attach a letter of explanation, if needed): To a 11 ow
development of subiect prop~rty for rpryrling business.
CERTIACATION: I/we, the undersigned, do hereby certify that:
1. The information submitted herein is true and correct to the best of my/our knowledge and upon
submittal becomes public record;
2. Fees are not refundable and payment does not guarantee approval; and
3. All additional required written and graphic materials are attached.
FOR OFFICE USE
Fee: - Received by:
DSitefsketch plan o Conceptual Dev loprnent Plan
DDesign review project description DAoor plan
Date:
Date: If-If ~o 5
Property Owner(s):
Applicant{ Agent:
UCATION SUBMITTAL CHECKUST
Date: If..I/'~5 Docket:
o Photo Dlmprovernent plans
o Plat o Other:
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REZONING STAFF REPORT
Zoning Agenda: May 4, 2005
Property Address: Highway 20 West
Property Owner: Dubuque Metropolitan Area Solid Waste Agency
Applicant: Don Vogt
Proposed land Use: Industrial
Proposed Zoning: LI
Existing land Use: Vacant
Existing Zoning: AG
Adjacent land Use: North - Agricultural/Residential Adjacent Zoning: North -AG/R-1
East - Commercial East - C-3
South - Commercial South - Business
West - landfill West- AG
Former Zoning:
1934 -County; 1975 -County;
1985 - County
Total Area: 47.84 acres
Property History: The subject property was used for agricultural production prior to
the purchase by the landfill Agency
Physical Characteristics: The subject property has frontage on U.S, Highway 20 and
generally slopes to the southeast.
Concurrence with Comprehensive Plan: This request implements the
Comprehensive Plan's land Use Element: Goal 3.1, 3.4, 6.1 and 7.2.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site,
Traffic Patterns/Counts: This section of U.S. Highway 20 carries approximately
20,000 vehicle trips a day.
Public Services: Existing public services are adequate to serve the site.
Environment: Staff does not anticipate any adverse impact to the environment
provided adequate erosion control and storm water control is provided during all
phases of development of the site,
Adjacent Properties: Adjacent properties could be impacted by an increase in the
ambient light level caused by further development along the U.S. Highway 20
corridor and a change in the aesthetics of the area as any new development of the
Rezoning Staff Report - DMASWAlHighway 20 West
Page 2
adjacent property would be comprised of additional hard surface parking areas and
structures.
CIP Investments: None proposed.
Staff Analysis: The Dubuque Metropolitan Area Solid Waste Agency (DMASWA) is
requesting rezoning of the subject 47-acre parcel from AG Agricultural District to LI
Light Industrial District. The agency is proposing the rezoning to facilitate the potential
construction of a recycling business.
The surrounding property is used for a mixture of commercial and light industrial land
uses as well as the existing landfill. The one exception is the three existing single-
family homes located immediately north of the subject property along Cousins Road.
These residences were annexed in 1999 as part of the large annexation that brought
the landfill into the corporate limits.
A portion of the property is included within the Corridor Preservation Zone established
along U.S. Highway 20 that requires the Iowa Department of Transportation to review
any rezoning requests within this corridor. The review by the IDOT entails a maximum
of 30 day review to ascertain whether the property should be acquired by the state to
preserve the corridor for future expansion of U.S. Highway 20. The IDOT has indicated
they have no objection to the proposed rezoning. A copy of the letter is attached.
Planning 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: ?f 1 :(
Reviewed: ~/"d
Date: '1- z.~ -as
t;~ ~~~:~partment of TranSpo~~~~?,~
~ 430 Sixteenth Avenue SW FAX: 319-364-9614
P.O. Box 3150
Cedar Rapids, IA 52406-3150
April 22, 2005
Ref: NHS-20-9(121)--19-31
Dubuque County
Kyle L. Kritz, Associate Planner
Planning Services Department
City Hall
50 West 13th Street
Dubuque, IA 52001-4864
~ ~ ~ ~ 0 W ~ ~
APR 2 5 2005
CITY OF DUBUQUE
l'L"\"!~'ll\:C ~ER\~CES r:C:?t,;;7~':'rNT
SUBJECT: Rezoning Request on U.S. 20 in Dubuque
Dear Mr. Kritz:
This is in response to your April 19, 2005 letter to Fred Dean, District Transportation Planner in
Davenport, regarding the rezoning request submitted by the Dubuque Metropolitan Solid Waste
Agency. As you know, the land parcel in question is situated in part within the U.S. 20 Corridor
Preservation Zone.
Please be advised that the Iowa Department Of Transportation has no objection to the rezoning
request being approved by the city.
Very truly yours,
f2C!htJ..A.CL cf. )(o.u1-:>
Richard E. Kautz, P .E.
District Engineer
REK/jh
cc: Brad Hofer, Office of Location and Environment, Iowa DOT, Ames, IA 50010
Fred Dean, District Transportation Planner, Iowa DOT, Davenport, IA 52809
SECTION 3. DISTRICT REGULATIONS
3-4. Industrial Districts:
3-4.1. LI Light Industrial District:
(A) General Purpose And 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 this 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-[I4].
(3) Medical/dentallab-[8].
(4) Personal services-[14].
(5) Off street parking lot-[n/a].
(6) Gas station-[I8].
(7) Grocery store-[I7].
(8) Bakery (wholesale/commercial)-[I9].
(9) Indoor restaurant-[20].
(10) Drive in/carryout restaurant-[28].
(11) Barltavem-[20].
(12) Automated gas station-[18].
(13) Service station-[2I].
(14) Drive up automated bank teller-[8].
(15) Self service car wash-[8].
(16) Animal hospital/clinic-[23].
(17) Furniture upholstery repair-[I8].
(18) Business services-[29].
(19) Banks, savings and loans, and credit unions-[31].
(20) Vending/game machine sales/service-[19].
(21) Indoor recreation facilities-[37].
(22) Mail order houses-[23].
(23) Lumberyards/building materials sales-[I9].
(24) Construction supplies, sales and service-[19].
(25) Printing and publishing-[32].
(26) Moving/storage facilities-[33].
(27) Full service car wash-[8].
(28) Auto service centers-[34].
(29) Auto sales and service-[38].
(30) Auto repair/body shop-[35].
(31) Truck sales, service and repair-[39].
(32) Farm implement sales, services and repair-[39].
(33) Auto parts/supply-[I7].
(34) Mobile home sales-[40].
(35) Motorcycle sales/service-[4I].
(36) Boat sales/service-[ 40].
(37) Recreation vehicle sales/service- [38].
(38) Vehicle rental-[47].
(39) Upholstery shop-[42].
(40) Parking structure-[n/a].
(41) Personal-[29]/business services- [14].
(42) Contractors shop/yard-[33].
(43) Wholesale sales/distributor-[29].
(44) Freight transfer facilities-[44].
(45) Fuel and ice dealers-[33].
(46) Agricultural supply sales-[ 19].
(47) Cold storage/locker plant-[I5].
(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].
(52) Warehousing and storage facilities-[33].
(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 semiprecious stones or metals;
wood; plastics; paper; leather; fiber; glass; hair; wax; sheet me:tal; 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.
(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) Thirty 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;
(c) 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 streets or create traffic or safety hazards;
(e) All licenses have been issued or have been applied 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 daycare
center will be located complies with, and will for so long as the group daycare center is
so located, continue to comply with all local, state and federal regulations governing
hazardous substances, hazardous conditions, hazardous wastes, and hazardous materiais,
including, but not limited to, Iowa Code chapter 455B (1991); 42 USC section 9601 of
the federal comprehensive environmental response compensation, and liability act; 40
CFR 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 ofthe superfund
amendments and 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.
(2) Residential use, provided that:
(a) The building in which the residential use is to be located contains no existing
industrial use and will be prohibited from having an industrial use as long as the
residential use is active;
(b) A minimum of six hundred fifty (650) square feet of area be provided for each unit;
and
(c) The parking group requirements can be met-[6].
(E) Temporary Uses: Reserved for future use.
(F) Bulk Regulations:
(1) Maximum building height: one hundred fifty feet (150').
(G) Parking Requirements: See section 4-2 ofthis ordinance.
(H) Signs: See section 4-3 of this ordinance.
Prepared by: laura Carstens. City Planner Address: 50 W. 13th St.. City Hall Telephone: 589-4210
ORDINANCE NO.
-05
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED ON HIGHWAY 20 WEST
FROM AG AGRICULTURAL DISTRICT TO LI LIGHT INDUSTRIAL 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 AG Agricultural District to LI Light Industrial District, to wit:
Lot 1 of 2 of 1 N % NE % Section 6, T89N, R2E, 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
day of
2005.
Attest:
Terrance M. Duggan, Mayor
Jeanne F. Schneider, City Clerk