Loading...
Request to Rezone 900 Seippel RoadPlanning Services Deparhnent City Hall 50 West 13111 Street Dubuque, IA 52001 -4864 (563) 589 -4210 phone (563) 589 -4221 fax (563) 690 -6678 TDD planning@cityofdubuque.org Dubuque All-America 1111 2012 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 Masterpiece on the Mississippi January 8, 2013 Applicant: Joe and Linda Delaney / JLD Investments, LLC Location: 900 Seippel Road (Lot 2 Seippel Road Commercial Park #4) Description: To rezone property from CS Commercial Service and Wholesale District with conditions to AG Agricultural 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 The applicant spoke in favor of the request, reviewing the purpose of the rezoning and noting he understood that the property would have to be rezoned again before anything else could be developed on the property. Staff reviewed the staff report, reviewing surrounding zoning and land use, the history of zoning requests for the property. Staff noted the requested rezoning, if approved, gives the City and surrounding property owners the ability to review any future changes to the property. There were no public comments. The Zoning Advisory Commission discussed the request, and had no objections. Recommendation By a vote of 6 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, it,46 AR. Charles Miller, Chairperson Zoning Advisory Commission Attachments Service People Integrity Responsibility Innovation Teamwork THE CITY OF ' Dui Masterpiece on the Mississippi ❑Variance ❑Conditional Use Permit ❑Appea 1 ❑Special Exception Limited Setback Waiver ezoning /PUD /ID ■ Dubuque kind 2007 PLANNING APPLICATION FORM ❑ Preliminary Plat ❑ Major Final Plat DMinor Final Plat ❑ Simple Site Plan ❑Minor Site Plan ❑Major Site Plan Please type or print legibly in ink L ._ 1 tike �'S�Y✓i e n s L L C Address: S .-; r 1? oaf) City: D -30 C Ve- StaterA Fax #: Cell #:563 -1JL1'1a 1433 E- mail: Se-Ipely'ocatiSta'eckpe, -- ieu �f� Applicant /Agent: a:3 e- (AA), °, y� eyc =. V \e�,v�e_y d Phone: 5( 3 — 5g`l- j, 7 Address:1 i.b '+6 ti9 /bra °® C_ - City: �1 )0 \ �- Stater Zip: Fax #: Cell #: 5- 3 -49 S._ 3 3 ° E -mail: J de-1 0.- t� try k c�,Y4.p C-o VIA ` l 1�fri_ 1 b� 64,1441„, r f Site location /address: 0 t�� t Q «), f70_ Neighborhood Association: Existing zoning: CS Proposed zoning: J. (C District: (10 Landmark: Yes ❑ No 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) �c e- �ro vs". ).VIB'✓I�GC��t�1 ��7 a9ri tea1IV C&. YY�1^��'f i ca V S�' i S V1t� FYz C T Cot-1 +� ; `{ , vr‘ c ; 'i- t.s ; it 6 v x e •• o r` o v�5 cn1 °P4-�� J ct 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) Y�( JJiiLJ Property owner(s): ❑Simple Subdivision ❑Text Amendment ❑Temporary Use Permit DAnnexation DHistoric Revolving Loan ❑Historic Housing Grant City of Dubuque Planning Services Department Dubuque, IA 52001 -4805 Phone: 563-589-4210 Fax: 563-589 -4221 planning@cityofdubuque.org ❑Certificate of Appropriateness ❑Advisory Design Review (Public Projects) ❑Certificate of Economic Non - Viability ❑Historic Designation ❑Demolition in Conservation Districts DPort of Dubuque Design Review Phone: 5 ( 5 1- •; Zip: Date: Applicant /Agent: Date: FOR OFFICE USE ONLY — APPLICATION SUBMITTAL CHECKLIST Fee: 4/— Received by: Date: �Z 7 lancket: 'repered by: SCHNEIDER Land Surveying and Planning, Inc. P.O.Box 12B Farley, Iowa 52046 Ph #563 744 -363 At PLAT OF SURVEY SEIPPEL ROAD COMMERCIAL PARK, PLAT 4, CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. A DIVISION OF LOT 1 OF SEIPPEL ROAD COMMERCIAL PARK, PLAT 3. CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. LOT ] ST ATE5 'iWE GAN E RTNE CATE1 NW CORNER LOT 1 SEIPPEL ROAD COMMERCIAL PARK. PLAT 3, FOUND MAG NAIL LOT 4. OIANONO HEIGHTS REC.A5: 50 28' 80 60 13 0'E 7-NE CORNER 00 "18'54 "W FOUND'X CUT IN CONCRETE LOT ]600.0 SPPELL pp0.K. IEPC �i 2 CO 48.58' FOUND 1/2" REBAR L09W174.Nwf/4 2 SEC.31.18914.62E SEIPPEL (60'I S PE S 0a, L 1100a, MMERCIP TOTAL AREA 8.466 ACRES Nw N m, (411(D d o at. ✓ rt Nm m` /FOUND 1/2" Ni 6 4 17WCAP 014 414417 '(TYP.1 N87'06'31 "E 89.51' REG.AS'.A .82' NOTE: THE STORM WATER RUNOFF FROM LOT 2 NEEDS TO 8E ROUTED TO AND RETAINED IN THE DETENTION AREA ON LOT 1 OF SEIPPEL ROAD COMMERCIAL PARK PLAT 4, CITY OF DUBUQUE. DUBUQUE COUNTY, IOWA. THE CITY OF DUBUQUE WILL NEED TO REVIEW AND ORPTHEESTORMMWATERCMANAGEMENTTSYSTEMPERTY 20. 0 P, BEIPR a PA COMMER W1 /4 CORNER SEC.31, T89N, R2E FOUND 5/8" REBAR Eat; otin Eno En 4 CD (DP To f ¢ �Z w W6 N n ®- N ,a H� W z °3 a U) IL0fl2, "U011123" P IP zP ARK. PK. P Y FOUND REBAR w/ DAMAGED CAP1 JRVEY DESCRIPTION: )T 1 OF SEIPPEL ROAD )MMERCIAL PARK, PLAT 3, 4 THE CITY OF DUBUQUE. JBUOUE COUNTY, IOWA. LOT 2 4:921 ACRES L07 1• SL ROAD EIPPE PARK. PLAT 3. SET 1/2" REBAR w/ YELLOW CAP #14417 (TYP.) N89'49'33 "E 456.51' ACCESS AND UTILITY EASEMENT 37.3' WIDE N8146,23 N / 1 REC. AS: N07 .58 56'E (189'20'30' • BYORAGE'_BUILbIND--'- REC.AS: A- 3'36'50' R- 1050.00' Ch= 66.22' 512'11'19'E A =3'37'53" R- 1050.00' 54' N10'21'21'23 "W As66,55' LOT 1 3.546 ACRES co m LOT 1 SEIPPEL ROAD COMMERCIAL PARK. PLAT 3. FOUND 1-1/4^ PIPE - - -6W CORNER LOT 2- 1- 2 -1 -1 -2 SW1 /4. NW1 /4 SEC.31, T89N, R2E FOUND 1 -1/4" PIPE (TYP.1 LOT H74.Nw1 /4 2 211. T69N. 0.2E 0 1 1 1 1 SE CORNER LOT 1 SEIPPEL ROAD COMMERCIAL PARK. PLAT 3, FOUND 1 -1/4' PIPE O O m O O CU O O 0 DUNG 5/8^ 689'12'28 "W 401.26' REBAR w/ REC. AS: NE17'50'56'E CAP 44016 LOT 1 SUBDIVISION NO SOUTH FORK INDUSTRI1 AL OPRIETOR: O INVESTMENTS, L.L.C. o JOE DELANEY AND NDA DELANEY RVEY REQUESTED BY: E DELANEY ITE 7; 0204 00 DODGE STREET BUQUE, IOWA 52003 I hereby certify that this lend surveying document was prepared and the related survey work was performed by me or under m direct personal supervision and that duly Iic- • Land Surveyor under the laws of o 0 Ke Sta .-.. ///�o /z Oa '. P. Schneider P.L.S. 814437 a e: My license renewal date is December 31. 2013. Pages or sheets covered by this seal: THIS SHEET ONLY SCHNEIDER Land Surveying Planning, Inc. P.O. Box 120 Farleyy, Iowa 62046 Ph4 663 -744 -3631 Fax 563 - 744-3629 Project: 1738 Date: 9/24/2012 Sheet: 1 of 3 Masterpiece on the Mississippi Dubuque krazil �ume�narr 1III�� 2012 Vicinity Map Applicant: Joe and Linda Delaney /JLD Investments, LLC Location: 900 Seippel Road (Lot 2 Seippel Road Commercial Park #4) Description: To rezone property from CS Commercial Service and Wholesale District with conditions to AG Agricultural District. Legend 900 Seipple Road - Subject Property Area to be Rezoned REZONING STAFF REPORT Zoning Agenda: January 2, 2013 Property Address: Property Owner: Applicant: 900 Seippel Road (Lot 2 Seippel Road Commercial Park #4) JLD Investments, LLC Joe and Linda Delaney Proposed Land Use: Agricultural Existing Land Use: Vacant Adjacent Land Use: North — Residential Adjacent Zoning: East — Residential /Agricultural South — Agricultural West — Commercial Former Zoning: 1934 — County Agricultural 1975 — County Agricultural 1985 — County Agricultural Proposed Zoning: AG Existing Zoning: CSc North — R -1 /County R -2 East — County R -2 South — AG West — CSc Total Area: 4.9 acres Property History: The property remained in agricultural production until it was rezoned in October of 2007. Subsequent to the rezoning, the property was re- graded and the southern half developed as a commercial mini - storage facility. The north half remained vacant and undeveloped. The property was recently split and the north half (subject lot) has been tilled. The property was recently purchased and is under new ownership. Physical Characteristics: The property is relatively level but is terraced, and sits approximately 10 -12 feet below the grade of the rear yards of the residential lots that have frontage on Old Highway Road. The subject lot has approximately 440 feet of frontage along Seippel Road. Concurrence with Comprehensive Plan: The Comprehensive Plan calls for this property to be developed residentially. The Comprehensive Plan also encourages mixed use development and buffering incompatible uses from each other. Impact of Request on: Utilities: Returning the property to agricultural use would have very limited impact on the utilities. Therefore, existing utilities should be adequate to serve the site. Traffic Patterns /Counts: !DOT 2009 Average Daily Traffic Counts indicate 4,130 vehicle trips per day along Seippel Road just north of the subject property, and Rezoning Staff Report — 900 Seippel Road Page 3 Staff recommends the Commission review the criteria established in Article 9 -5 of the Unified Development Code regarding reclassification. Prepared by: Reviewed: Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210 Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589 -4121 ORDINANCE NO. 1-13 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 900 SEIPPEL ROAD FROM CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT, WITH CONDITIONS, TO AG AGRICULTURAL DISTRICT. 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, the Unified Development Code, is hereby amended by reclassifying the hereinafter described property from CS Commercial Service and Wholesale District, with conditions, to AG Agricultural District, to wit: Lot 2 of Seippel Road Commercial Park, Plat 4, and to the centerline of the adjoining public right -of -way, all in the City of Dubuque, Iowa. Section 2. That 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 22nd day o January Attest: Kevin • Firnstahl, City 2013. Roy D. B , Mayor Wholesale District, with conditions, to AG Agricultural District, to wit: Lot 2 of Seippel Road Commercial Park, Plat 4, and to the centerline of the adjoining ,public right -of -way,, all .in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been ) reviewed by the Zoning Advisory Commission of the City of Dubuque, __ - Iowa OFFICIAL Section 3. This PUBLICATION Ordinance shall take ORDINANCE NO. 1-13 effect immediately AN ORDINANCE upon publication as AMENDING TITLE 16 provided by law. OF THE CITY OF Passed, approved and DUBUQUE CODE OF adopted this 22nd day ORDINANCES, UNI- of January, 2013. FIED DEVELOPMENT /s /Roy D. Buol, Mayor CODE, BY RECLAS- Attest / s/Kevin S. SIFTING HEREIN- Firnstahl, City Clerk AFTER DESCRIBED . Published officially in PROPERTY LOCATED the Telegraph Herald AT 900 SEIPPEL ROAD newspaper on the 25th FROM CS COMMER- day of January 2013. CIAL SERVICE AND /s/Kevin S. Firnstahl, . WHOLESALE DIS- City Clerk TRICT, WITH CONDI- It 1/25 TIONS, TO AG AGRICULTURAL DIS- TRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THEI CITY OF DUBUQUE,) IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, the Unified Development Code, is hereby amended by reclassifying the here- inafter described ,pro- perty . from CS Com- mercial Service ' and STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: January 25, 2013, and for which the charge is $15.05. Subscribed to before me otary Public in and for Dubuque County, Iowa, this ,a,?52 day of ,20/3 , Notary Public in and for Dubuque County, Iowa. fl MARY K. INESTERME f w Commission Number �a CITY OF DUBUQUE, I011VA OFFICIAL NOTICE NOTICE is hereby given that the Dubuque !' City Council will conduct a public hearing at a meeting to commence at 6:30 p.m. on Tuesday, January 22, 2013, in the Historic Federal Building, 350 West 6th Street, on the following: Rezoning Request from Joe and Linda Delaney / JLD Investments, LLC to rezone property locat- ed lot 2 at 900 Seip Seipeppel Road (l Road Commercial Park #4) from CS ! Commercial Service and Wholesale District with conditions to AG Agricultural District Copies of supporting documents for the hearing are on file in the City Clerk's Office and may be viewed during normal working hours. Written comments regarding the above public hearing may be submitted to the City Clerk's Office on or before said time of public hearing. At said time and place of public hearing all interested citizens and parties will be given an opportunity to be heard for or against said rezoning. Any visual or hearing impaired persons need- ing special assistance or persons with special accessibility needs should contact the City Clerk's Office at (563) 589 -4100 or TTY (563) 690- 6678 at least 48 hours prior to the meeting. Kevin S. Firnstahl City Clerk STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: January 11, 2013, and for which the charge is $17.55. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this day of 416 , 20 +otary Public in and for Dubuque County, Iowa. 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 Joe and Linda Delaney 11215 Stonybrook Ct Dubuque IA 52003 Dubuque kattril All- Americaciry '�II�► 2012 RE: City Council Public Hearing — Rezoning Request Dear Applicant: Masterpiece on the Mississippi January 7, 2013 The City Council will consider your request to rezone property located at 900 Seippel Road at a public hearing on Tuesday, January 22, 2013. Please attend this meeting, or send a representative to the meeting in your place to present your request and answer questions. City Council meetings begin at 6:30 p.m. in the City Council Chamber, 2nd Floor, Historic Federal Building (Post Office), 350 W. 6t" Street, Dubuque, Iowa. Please contact the Planning Services Department at (563) 589 -4210 if you need more information or have any questions. Sincerely, Kyle L. Kritz Associate Planner Enclosures cc: Kevin Firnstahl, City Clerk Service People Integrity Responsibility. Innovation Teamwork