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
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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
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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
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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