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Zoning DMASWA Hwy 20 Northwest DL;~~E ~<k~ MEMORANDUM r"; May 11 , 2005 ,i , i TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager C.I I i 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, # " L t 1,,' ,,,l, Micha I C. Van Milligen MCVM/jh Attachment cc: Sarry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Don Vogt, Public Works Director 5:;~~E ~<k~ 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 ::-----. \ \ \ i UI ~ \ \ "- "~, "~, ~ \ \ "',- I~ \\ PLASTIC CENTER ,}. \ P"'\ ~ i ::L\/ I o ~\ I FER {1 I ROKTlflE CITY OF DUBUQUE (future industrial park) ~ DMASWA 47:.848 acres DMASWA LANDFILL PORTZ EN DMASWA LANDFILL KLUCK , I I I / I / //,\,\" I/! f-:1,/"'i '.'~, I I! I. ------1 :- / J. j il~ ;' , ! i--.-......i---! ' I //~I / /r~ "i ~;-----f--/ / \ /" /\ L------ / / / :' f----~\~ \ r---- I r Ii \ J, I ') IU I' ;----.! L--I ~ ~ ~III'I ~<LLJ / : '~ L:::C]\ I \ i ! I I LJ ' I / I I , ;' ,I / I--- I \ I \ r- I I , i \ \ ': I i j :L i \ ! \ --'I Ii ! ! ,. \ ' Y 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 ~~~ May 9, 2005 f -) n_,' , The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street DubuquelA 52001 ; i 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, h · 4 S3iLw ~ L ft\ f'---' Jeff Stiles, Chairperson Zoning Advisory Commission Attachments cc: Don Vogt, Public Works Director DG~~ ~~~ 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: J ~ ~~ r ~O C- eo ~ ~ ...... -- c: -- o -- > z ro Q) I.... <( C ro ~ o 0.. o I.... +-' Q) ~ Q)>- ::l 0 o-c ::l Q) ..co> ::l<( OQ) +-' en +-' ro ffis o ==-c 0.. == 0..0 <(en C) -< +-' en Q) S o N >- ro ~ ..c 0> I E o I.... - +-' >-..c 1::.0> Q)....J 0.._ O....J I.... 0 o..+-, Q)+-, C 0 0.;:: N(i) Q).- I....O+-' o 0-._ I-rol.... I.... +-' ::l.~ C~O O::l_ +:i .~ ro 0.. I.... .;:: .- 0> +-' I.... <( en () ::l ~c..9-C O<(C LillJ....... D ..... ........ ........ ........ ........ ........ ........ ........ +-' o..c +-'0> >-~ 1::_ Q)....J 0..0 O+-, I.... o..-c Q) -Ccro Q) 0.- enNl:i o Q) en 0..1....::l OQ)-C ct..cC >- I.... ro -C c ::l o ..c 0> C .- C o N en ~ E >- +-' o c o +:i ro () o ....J I i1t ~ ~ "" C~!ll!IReral '-D-.' I: 'I. , \!. I ~ 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