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Zoning Stewart Adams Old Highway Rd. HI 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 DI5o~tkiUE ~<k~ November 8, 2006 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 Applicant: Location: Description: Greg Adams/Stewart Construction, Inc. Southwest of the corner of Seippel Road and Old Highway Road (Lot 1 of 2 Mason Cate Estates) To rezone property from LI Light Industrial District to HI Heavy 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 The applicant spoke in favor of the request, reviewing surrounding land use, location of access point to Old Highway Road, letters of support from surrounding property owners and the lack of vacant land zoned for Heavy Industrial in the city of Dubuque. Staff reviewed the surrounding zoning and the allowed uses in Heavy Industrial District when compared to the existing Light Industrial zoning applied to the property. There was one adjacent property owner who spoke in opposition to the request, noting that their property is zoned R-1 in the County, that HI is not appropriate next to R-1 Residential and that a rezoning to HI would devalue their property. The Zoning Advisory Commission discussed the request, noting that while there is industrial property in the area, the requested HI zoning would abut residential property on the south, and that conditions in the area have not changed to warrant rezoning from LI to HI, considering the mixed use of the area. Recommendation By a vote of 6 to 0, with one abstention, the Zoning Advisory Commission recommends that the City Council deny the request. A super majority vote is needed for the City Council to approve the request. Respectfully submitted, ~~ I~.A. I' _. . /1lg... Eugene Bird Jr., Chairperson Zoning Advisory Commission Service People Integrity Responsibility Innovation Teamwork D~~~E ~<k~ MEMORANDUM October 25, 2006 FROM: Zoning Advisory Commission Guy Hemenway, Assistant Planner ~ TO: SUBJECT: Greg Adams/Stewart Construction Rezoning at the corner of Seippel and Old Highway Roads At the October 4, 2006 Zoning Advisory Commission meeting, the Commission tabled Greg Adams/Stewart Construction request to rezone property at the corner of Seippel and Old Highway Roads from LI Light Industrial District to HI Heavy Industrial District. Commissioners directed Mr. Adams to work with adjacent property owners to resolve buffer and access issues. Mr. Adams has not submitted any additional information at this time. This memo is provided for your information. GH/mkr Hug ;jl Un U2:02p Planning ServIces 5635894221 1'.5 DU~~ ~~~ Gty of Dubuque Planning Services Department Dubuque, IA 52001-4864 Phone: 563-589-4210 Fax: 563-589-4221 PLANNING APPUCATION FORM o Variance DConditional Use Permit DAppeal D5pedal Exception DUmited Setback Waiver ~Rezoning DPlanned District DPrellminary Plat DMinor Final Plat DText Amendment DSimple Site Plan o Minor Site Plan o Major Site Plan o Major Ana I Plat DSimple Subdivision DAnnexation Dr emporary Use Permit DCertificate of Economic Non-Viability DCertificate of Appropriateness DOther: Please tvee or print leaiblY in Ink propertyowner(s): Si-P11)C\f~ CC'lI'S\'('h('\":M T{\c We Phone: Sto3-SS'j3 --'/'1910 , Address: fuE:,C'I'll \17 '-I Oty: Du'oll 'Hi 0 state:z;:tLZiP: S'rl,OOLj Fax Number: 5(,,3 -::)<6'<6 - LfLj1<t Mobile/Cellular Number: 5(,,3- !PitJ3- 0Cl31 Applicant/Agent: Co \t>~ ~M{Y\ 5 Phone: ~lt>3-S<6~ -'3D7g Address: t!()'d,9 ~~Oaf\;Cl, aty:~Slate:JjLZiP:'5~OO~ Fax Number:SIt7~-S~~- nq 9 MobilejCellularNumber: 61{!.-:S-e!l{l' ~()/If Site location/address: I ~\- I 0 ~ 'rl m (\ ~()f\ rn \-{l L6\-a\es Existing zoning: L:Z Proposed zoning: H r Historic District: DO Landmark: .DO Legal Description (Sidwell parcel ID# or lot number/block number/suIxlIVisiOn):jo. rr:€ J OQ"3/P;).53 06/ Total property (lot) area (square feet or acrf!5):--.J '7 _P>. (' re 5 Describe proposal and reason necessary (attach a letter of explanation, if needed): In ml\ I(p ~~[.~ ~!& t':~rool~~~~.,t) .g~!\~t~ k~~f~:Sep~,(C~~~~~~, CERTIACA~N: I/we, the undersigned, do hereby certify that: 1. The information submitted herein Is true and correct to the best of wI/our knowledge and upon submittal becomes public record; 2. Fees are not refundable and payment does not uaran~ approval; and 3. All additional requir written and gra re attached. , Property Owner(s): Applicant! Agent: lDate: Date: Pff FOR OFFICE USE ONLY - APPUCATION SUBMrTTAL CHECKUST Fee:lltiYJ. "'" Received by: --;. ~__ Date: 9k},6 Docket: DSite/sketch plan 0 Conceptual Development Plan DP~ptat DImprovement plans DDesign review proj~ description DFloor plan DOther: REZONING STAFF REPORT Zoning Agenda: October 4, 2006 Property Address: Old Highway Road Property Owner: Stewart Construction, Inc. Applicant: Greg Adams/Stewart Construction, Inc. Proposed Land Use: Industrial Proposed Zoning: HI Existing Land Use: Vacant Existing Zoning: LI Adjacent Land Use: North - Residential Adjacent Zoning: East - Residential/commercial South - Agricultural West - Industrial North - County R-1 East - City R-2/CS South - County R-1 West - County M-2 Former Zoning: 1934 - County AG 1975 - County AG 1985 - County M-1 w/conditions Total Area: 17 acres Property History: The property was vacant or under agricultural production until its annexation in 2003. Subsequently, the property has been subdivided and rough graded. Physical Characteristics: The subject property is located on the south side of Old Highway Road with an existing rail line on the west side of the property and a developing residential/commercial subdivision to the west. Across Old Highway Road are existing single-family homes and to the west also the BP Amoco tank farm as well as an existing County industrial park. The subject property lies below the grade of Old Highway Road. Concurrence with Comprehensive Plan: The subject request involves the Comprehensive Plan's Land Use Element Goals 1.5, 1.8, 3.1, and 3.4 and also involves the Economic Development Element Goals 3.2, 8.1 and 8.3. Impact of Request on: Utilities: City water is available to the site currently. The water main is adequate to serve the proposed development. City sanitary sewer service is not yet available to this site or the adjacent commercial service and residential development to the east. The developer of that subdivision is working with the City of Dubuque to facilitate extension of the City sewer service to this area. ,'.'.~' Rezoning Staff Report - Old Highway Road/Stewart Rezoning Page 2 Traffic Patterns/Counts: Based on 2005 IDOT counts, 1,450 average daily trips occur on Old Highway Road. 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 is provided during all phases of development of the property and adequate storm water control is reviewed and approved by City Engineering. Adjacent Properties: The most likely impacts to adjacent property through the rezoning to Heavy Industrial is the potential for increased vehicle travel on Old Highway Road and additional noise and light levels in the surrounding area. CIP Investments: None proposed. Staff Analysis: The applicant is requesting rezoning of the subject property from LI Light Industrial to HI Heavy Industrial. The applicant is requesting rezoning of a portion of the parcel that excludes the north 200-feet that is adjacent to Old Highway Road. Access to the property will be from Old Highway Road, There is an existing rail line on the west side of the property. The subject property was annexed in 2003 and, at that time, was also rezoned from County M-1 with conditions to LI Light Industrial District. The subject property was included in the City's Annexation Study as part of Area 4. Area 4 is comprised of a total of 530 acres. The annexation study proposed approximately 424 acres of area for industrial development, while the balance of 106 acres was for park and open space. A copy of the LI Light Industrial District and HI Heavy Industrial District regulations is attached to this staff report. The HI District is intended to be located in areas that can be physically isolated or buffered from adjacent uses that could be adversely affected by the uses allowed in that district. The general purpose and description for the heavy industrial district indicates that the heavy industrial district should only be mapped in areas where topographic features or adjacent light industrial district mitigate the effects of the zone upon nearby uses. The subject property is adjacent to existing industrial uses, including a batch mix plant and a pallet company and is adjacent to a railroad line on the west side. There are existing single-family homes located to the north of the subject parcel on the north side of Old Highway Road as well as a new single-family home being constructed on the south side. In addition, the property to the east is zoned commercial service and wholesale district that allows for a wide range of commercial service-type uses, such as contractor shops and yards. The heavy industrial district allows for an additional 12 uses when compared to the existing LI District. The additional uses can be Rezoning Staff Report - Old Highway Road/Stewart Rezoning Page 3 characterized as the most intense and have the potential for impacting adjacent properties to a degree greater than those allowed by the light industrial district in general. Planning staff recommends that the Zoning Advisory Commission review Section 6-1.1 of the Zoning Ordinances that establishes criteria for the review of rezoning requests. Prepared by: ~a...J. I ..~eviewed: .z/;1~ Date: .,. ?".o(;. 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 Usesl: The following uses shall be permitted in the LI district: (1) Railroads and public or quasi-public utilities including substations-[ 47]. (2) General offices-[14]. (3) Medical/dentallab-[8]. (4) Personal services-[14]. (5) Off street parking lot-[n/a]. (6) Gas station-[l8]. (7) Grocery store-[l7]. (8) Bakery (wholesale/commercial)-[l9]. (9) Indoor restaurant-[20]. (10) Drive in/carryout restaurant-[28]. (11) Bar/tavern-[20]. (12) Automated gas station-[18]. (13) Service station-[21]. (14) Drive up automated bank teller-[8]. (15) Self service car wash-[8]. (16) Animal hospital/clinic-[23]. (17) Furniture upholstery repair-[18]. (18) Business services-[29]. (19) Banks, savings and loans, and credit unions-[31]. (20) Vending/game machine sales/service-[19]. (21) Indoor recreation facilities-[3 7]. (22) Mail order houses-[23]. (23) Lumberyardslbuilding materials sales-[19]. (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-[l7]. (34) Mobile home sales-[40]. (35) Motorcycle sales/service-[41]. (36) Boat sales/service-[ 40]. (37) Recreation vehicle sales/service- [38]. (38) Vehicle rental-[47]. (39) Upholstery shop-[42]. (40) Parking structure-[ nla]. (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-[l5]. (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 metal; 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: (I) Any use customarily incidental and subordinate to the principal use it serves. (D) Conditional Uses: (I) 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 SECTION 3. DISTRICT REGULATIONS 3-4. Industrial Districts: 3-4.2. m Heavy Industrial District: (A) General Purpose And Description: The HI Heavy Industrial District is intended to provide appropriate locations for those industrial uses which by their nature tend to generate levels of smoke, dust, noise, or odors that render them incompatible with virtually all other land uses. The Council finds that the continued operation and development of such quasi-nuisance uses is necessary to the economic health and public welfare of the community, but that the potentially harmful impacts of such uses upon surrounding activities requires them to be physically isolated or "buffered" from adjacent uses that may be adversely affected. For this reason, the HI Heavy Industrial District will be mapped only in areas where topographic features or adjacent light industrial districts mitigate the effects of the zone upon nearby uses. This District is also designed to accommodate the expansion of existing uses and provide for infill of vacant parcels 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 HI District: (1) Railroads and public or quasi-public utilities including substations-[47]. (2) General offices-[47]. (3) MedicaVdental lab-[8]. (4) Personal services-[I4]. (5) Off-street parking lot-[N/A]. (6) Gas station-[I8]. (7) Bakery (wholesaIeJcommercial)-[I9]. (8) Indoor restaurant-[20]. (9) Drive-inlcarry-out restaurant-[28]. (10) Bar/tavem-[20]. (II) Automated gas station-[18]. (12) Service station-[21]. (13) Drive-up automated bank telIer-[8]. (14) Self-service carwash-[8]. (15) Animal hospitaVclinic-[23]. (16) Furniture upholstery/repair-[18]. (17) Business services-[29]. (18) Banks, savings and loans, and credit unions-[31). (19) Vending/game machine saleslservice-[19). (20) Indoor recreation facilities-[37). (21) Mail-order houses-[23). (22) Lumberyardslbuilding materials sales-[ 19]. (23) Construction supplies, sales and service-[19]. (24) Printing and publishing-[32). (25) Moving/storage facilities-[33). (26) Full-service carwash-[8]. (27) Auto service centers-[34]. (28) Auto sales and services-[38). (29) Auto repairlbody shop-[35]. (30) Truck sales, service and repair-[39). (31) Farm implement sales, services and repair-[39). (32) Auto parts/supply-[17). (33) Mobile home sales-[40]. (34) Motorcycle saleslservice-[4l]. (35) Boat saleslservice-[40). (36) Recreation vehicle saleslservice- [38). (37) Vehicle rental-[47). (38) Upholstery shop-[42). (39) Parking structure-[N/A). (40) Contractors shop/yard-[33]. (41) Wholesale salesldistributor-[29]. (42) Freight transfer facilities-[44]. (43) Fuel and ice dealers-[33). (44) Agricultural supply sales-[19). (45) Cold storagellocker plants-[15). (46) Packing and processing of meat, dairy or food produCts, but not to include slaughterhouses or stock - yards- [3 3]. (47) Compounding, processing, and packaging of chemical products, but not including highly flammable or explosive materials-[33]. (48) Manufacture, assembly, repair or storage of electrical and electronic products, components, or equipment -[33J. (49) Laboratories for research or engineering-[33]. (50) Warehousing and storage facilities -[33]. (51) 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]. (52) Manufacturing, compounding, assembly or treatment of articles or products from the following substances: clothing or textiles; rubber; precious or semi-precious stones or metals; wood; plastics; paper; leather; fiber; glass; hair; wax; sheet metal; concrete; feathers; fur; and cork -[33]. (53) Manufacture, storage or processing of the following products or materials: glue, petroleum products or any flammable liquid; asphalt or concrete products; explosive materials of any type; structural steel and foundry products; fertilizer; pharmaceutical products, including cosmetics, toiletries, and soap; and stone products, including brick, building stone, and similar masonry materials-[33]. (54) Slaughterhouses or stockyards-[44]. (55) Manufacture or processing of the following materials: acid, lime or lime products; coke; coal tar; creosote; celluloid or cellulose products; detergent; and ammonia or chlorine-[33]. (56) Sanitary landfills-[47J. (57) Sewage treatment plants-[47]. (58) Crematoriums; reduction plants; foundries, forges or smeiters-[l5]. (59) Junkyards, salvage yards-[44J. (60) Grain/barge terrninai-[44J. [J 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 materials, 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 of the 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 subsr.ances, 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: (I) Maximum building height: one hundred fifty feet (150'). (0) Parking Requirements: See section 4-2 of this ordinance. (H) Signs: See section 4-3 of this ordinance. --". Prepared by; Laura Carstens. Cilv Planner Address: ~~~ ~ w;~ St Telephone: 589-4210 Retum to; Jeanne Schneider. Cilv Cieri< Address; C' . 1 Telephone: 589-4121 ORDINANCE NO. -06 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF . THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED NEAR THE SOUTHWEST CORNER OF SEIPPEL ROAD AND OLD HIGHWAY ROAD FROM LI LIGHT INDUSTRIAL DISTRICT TO HI HEAVY 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 LI Ught Industrial District to HI Heavy Industrial District, to wit: Lot 1 of 2ol7 Mason Cate Estates (except the north 200 feet), and to the center1ine 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 2006. Roy D. Buol, Mayor: Attest: Jeanne F. Schneider, City Clerk