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Zoning Seippel Ct. Lammers, Tri-State Devel. Planning Services Deparhnent 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 ~ DUB E ~ck~ August 8, 2006 r, The Honorable Mayor and City Council Members City of Dubuque City Hall- 50 W, 13th Street DubuquelA 52001 Applicant: Location: Description: Brian LammersfTri-State Development Co. Seippel Court " To rezone property from R'-2 Two-Family Residential District to CS Commercial Service & Wholesale 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 area to be rezoned and proposed development on adjacent parcels, Staff reviewed the history of rezoning requests on the property, and the surrounding land use. Staff noted that construction of a single-family home has begun on Lot 5 of the subdivision. A neighboring property owner stated he did not object, provided the proposed CS zoning was not adjacent to his property. The Zoning Advisory Commission discussed the request, noting that the change will not adversely impact surrounding residential property. 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, C ~ . 1;' ;.../u :;C-"71-,,-lf,4/1/d; ( /- Eugene Bird, Jr., ChairpersorY'1/''-' Zoning Advisory Commission Attachments Service People Integrity Responsibility Innovation Teamwork --- Prepared by: Laura Carstens. Cilv Planner Address: City Hall. 50 W. 13th St Telephone: 589-4210 Return to: Jeanne Schneider. City Clerk Address: Cilv Hall- 50 W. 13m St Telephone: 589-4121 ORDINANCE NO. 59-06 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT SEIPPEL COURT FROM R-2 TWO-FAMILY RESIDENTIAL DISTRICT TO CS COMMERCIAL SERVICE AND WHOLESALE 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 hereinatter-described property from R-2 Two-Family Residential District to CS Commercial service and Wholesale District, to wit: North 40.09' of Lot 2 and Lot 3 Seippel Road Commercial Park, Plat 2, 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 21st day of August, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk ~~~E ~ck~ Oty of Dubuque Planning Services Department Dubuque, IA 52001-4864 Phone: 563-589-4210 Fax: 563-589-4221 PLANNING APPLICATION FORM o Variance DConditional Use Permit DAppeal DSpecial Exception DUmited Setback Waiver '~ezon/ng DPlanned District DPreliminary Plat DMinor Final Plat DText Amendment DSimple Site Plan DM/nor Site Plan o Major Site Plan o Major Final Plat DSimple Subdivision DAnnexation DTemporary Use Permit DCertificate of Economic Non-Viability DCertificate of Appropriateness DOther: Please tvoe or Drint leaiblv in Ink Property owner(s): --1/\.--- S~; -b- {){JJ t~, ( fi1 '-'-/ (; Phone: I Addness: J,111jg f./Jy LA i1.!/ Oty: aAufb'L State:~Zip: 5,)[J{) 'j 5- /1 /'V''' "" J U C l ~ c:; L' /l "J e'V' Fax Number: (' ~ ' ~ ,) '7 . /() 'I Mobile/Cellular Number: ./ t _ >- , 7,1 -::> I) iJ Applicant/Agent: -Br,t,v' t '''1 ,,11i~ () -1'/< ^ '>-h I, f}" Phone: S'/J -f,.-rJ- Jt;)O . I -+ (f Address: l)!;t),,)') f;/I/h, AUltd.ot:(: Jl,blLJl. State:;J-PZip: 5')CCJ) ~/"" ,(/" (/~ 7lf C/' c- /'// '/] (, G Fax Number: )c') -) ') ) - l\ ::> ) " Mobile/Cellular Number: /! >- J Y,V~;> ,')tJ Site location/address: S g.( fJ f-!:-I t~,;u ~ , Existing zoning: ---R-d- pro~ed zoning: ($ Historic District: Legal 'ption (Sidwell I I # or lot number/block number/subdivision): I !;/ J - CS 7-} %}.{; Landmark: ~) t; (}1 3u ). 77 0 I cJ Ai}'" I /7' JI.,I'.JI . I letter of explanation if. needed): pI ?V' ~c 'l'1'?vS, Tolal property (lot) area (square feet or acres): Describe pr~posal and r~ason ~~Ss;ry (att?~ CERTIFICATION: 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; Fees are not refundable and payment does not guarantee approval; and All additional nequired written and gra ic materiais are attached. . " 2. 3. Date: Date: /--,'~/'- /l/ .(~- ,::J/- /) ~/ c...... c..---- '- ' Property Owner(s): Applicant; Agent: FOR OFFICE USE ONLY - ~TION SUBMnTAL CHECKUST Fee: "JOO.oo Received by: ~ Z ' Date: ~.:;?t; ~ket: DSite/sketch plan 0 Conceptual Development Plan Dphoto DPlat Dlmprovement plans DDesign review project description DAoor plan DOther: ~l 1 f Q) - ell (j) I ';:: 0.1::::: co ~ :E ~ ~E ... ell ._ -l s:: c: ._ ell (,) ';:: ._ !D > " ~ o ~ ~a t:: :::I o U Q) a. a. 'ij) (j) <1z - c: Q) cE ell a. u.Q =Q) a.> a.Q) <(0 c: o :;::; ell U o -l '-I \~ [J I,] c~ [::', Q) Eo ell -(/) 0- Q) ....u- ..... ';:: 0 >-- ..c: ~bS 0.- -c o ell c: '- +:::i co a.C:Q) Q)Q)u c: -c ,- 0'00 2: N Q) Q) ~O:::(j) ~ .>-,ell E ~ " ell Q) 5l.L. E :a 6 E ' ';:: 3: 0 t) u I- U ';:: (/)N - Q) I (j),~ oo:::uo ~, ., "'-. ,\ ~""- ~.~ "0 OJ c: o ill 0::: OJ .c .9 '" ., ~ "0 ., UJ o 0- e a. FTID lililliJ .... ri:. :J SEIPPE\. Ul () (J) a <=' '" "0 c: ::l o lD '" c: "c o N \ P 1,,1.-::' -, "v . \' ~_.---~.~-~..;.;-..~ ,t C-\ r;l-' ~~ !=r-- --I) , ,,-..,1: ~ F t t r~~~~';'~Njt :~ I jl d ~ ! k i J'{ ,! , f ii l~' It' n , N Jij It h r :; Ii ;~ f :k :~I ....J:t~ o ',<. .l!l "E :::; .z=. C3 r-o'----~ " , 1 f , , ....;;.....----"-"'. '" :;: OJ UJ '" lD REZONING STAFF REPORT Zoning Agenda: August 2, 2006 Property Address: Northwest corner of Seippel Road and Seippel Court Property Owner: Tri-State Development Applicant: Brian Lammers Proposed Land Use: Commercial Proposed Zoning: CS Existing Land Use: Vacant Existing Zoning: R-2 Adjacent Land Use: North - Residential East - Residential/Agricultural South - Vacant West - Industrial Adjacent Zoning: North - R-2 East - R-1 South - CS West - LI Former Zoning: 1934 - County; 1975 - County 1985 - County Total Area: .5 acre Property History: The subject property was included as part of a rezoning request submitted in October 1999. The request at that time was to rezone the parcel MHI Modified Heavy Industrial concurrent with annexation into the city of Dubuque. In May 2001, the east 25 acres was proposed to rezone from County R-1 to City R-1 concurrent with annexation to allow development of a five lot subdivision. That request was approved. In July 2002, the applicant requested rezoning of the east 25 acres from R-1 to CS Commercial Service and Wholesale District and the west 20 acres from M-1 with conditions to City LI Light Industrial zoning concurrent with annexation. That request was denied. In April 2003, the parcel was proposed for rezoning to a combination of LI Light Industrial, CS Commercial Service and Wholesale and R-2 Two- Family Residential zoning districts. That request was approved in April 2003 by the City Council. In December 2003, the applicant requested a small adjustment in the boundaries of the R-2 and CS Commercial Service zoning districts. That request was approved. Physical Characteristics: The property has been graded to accommodate future development and has frontage on Seippel Road. Concurrence with Comprehensive Plan: This rezoning request implements the Comprehensive Plan's Land Use Element Goals 1.5 and 2.2 and Economic Development Goal 3.4. Impact of Request on: Rezoning Staff Report - Northwest corner of Seippel Road and Seippel Court Page 2 Utilities: The property can be adequately served by City water main along Old Highway Road. City sanitary sewer service is approximately one mile away and terminates on the south side of the landfill property. The applicant is working with the City to extend the sanitary sewer service to this property. Traffic Patterns/Counts: The proposed property is served by Seippel Road and Old Highway Road. Based on lOOT 2005 vehicle counts Seippel Road carries approximately 1,520 ADT. Old Highway Road carries approximately 1,450 ADT. Public Services: Existing public services are adequate to serve the proposed development. Environment: Storm water management will be required as part of the development of the subject property. In addition, erosion control will be required to minimize soil loss associated with the development of this property. Adjacent Properties: The rezoning of the subject parcel should not have any impact on adjacent properties as only shifts the boundary between the CS and R-2 zoning approximately 40-foot closer to Old Highway Road. The depth of the remaining R-2 zoned lots would still be approximately 180-foot and will still serve as a buffer to the single-family homes located on the north side of Old Highway Road. CIP Investments: None proposed. Staff Analysis: The applicant is requesting the rezoning of a small portion of the R-2 Two-Family Residential district property to CS Commercial Service and Wholesale District. The approximately 40-foot wide strip of land will provide added depth for the development of the commercial lots served by Seippel Court. The rezoning of this strip of land will not adversely impact adjacent property as the remaining R-2 lots fronting on Old Highway Road will still be 180-foot in depth. This will still serve as an adequate buffer to the single-family homes located on the north side of Old Highway Road. The applicant has indicated that after grading of the commercial lots, he has found that the added depth is necessary to allow for placement of an anticipated commercial building on Lot 3 of the subdivision. Staff recommends the Zoning Advisory Commission review Section 6-1.1 of the Zoning Ordinance that establishes criteria for the review of rezoning requests. I (,~ Prepared by: 'j:t , Reviewed: P/A Date: ., 'Z'lOb