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Request for Rezone on Seippel RoadPlanning Services Department City Hall 50 West 13th S[reet Dubuque, Iowa 52001-4864 (563) 589-4210 office (563) 589-4221 fax (563) 690-6678 TDD planning@cityofdubuque.org www.cityofdubuque.org THE CITV OF L: ~~ T~ L.~ f3 L}~ U E January 9, 2007 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 Applicant: Greg Adams/Stewart Construction, Inc. Location: Southwest of the corner of Seippel Road and Old Highway Road (Lot 1 of 2 Mason Cate Estates) Description: 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. This application was referred back to the Zoning Advisory Commission by the City Council at the Council's November 20, 2006 meeting. Discussion The applicant spoke in favor of the request, reviewing surrounding land use and location of access point to Old Highway Road. The applicant noted that they requested this matter be returned to the Commission as they have elected to reduce the area to be rezoned, are willing to install a screening fence and landscaping, eliminate all Heavy Industrial uses except salvage yard, and limit buildings to 20 feet in height. Staff reviewed the surrounding zoning and the allowed uses in the Heavy Industrial District, noting that the proposed fence should be located on the top of the slope, rather than the property line. 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 Single-Family Residential, and that a rezoning to HI would devalue their property. The property owner indicated that a buffer of about 300 feet is not sufficient when residential is the adjacent zoning. There was one adjacent property owner who spoke in favor of the request, noting the compatibility between his business and HI zoning. Service People Inte~ity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members January 9, 2007 Page 2 The Zoning Advisory Commission discussed the request, noting that there is substantial industrial/commercial property in the area, the requested HI zoning now includes a buffer to residential property on the south, that the existing Light Industrial zoning allows many of the same uses allowed by Heavy Industrial zoning, and that the buffer area combined with screening does address concerns expressed by Commissioners at the previous meeting. The Commission noted the residential property to the south is not currently developed, and the existing mix of industrial and commercial land uses would discourage development of this property for residences, whether the subject parcel is rezoned Heavy Industrial or not. Recommendation By a vote of 4 to 1, the Zoning Advisory Commission recommends that the City Council approve the request with the following conditions: 1) That the allowed uses on the HI Heavy Industrial property be limited to those of the LI Light Industrial District and junk yards and salvage yards. 2) That the maximum building height on the HI Heavy Industrial property be limited to twenty (20) feet. 3) That hours of operation of a junk or salvage facility be limited to 6 a.m. to 6 p.m. weekdays, 6 a.m. to noon on Saturday, and closed on Sunday. 4) That an eight (8) foot high chain line fence with slats be constructed on top of a five (5) foot high berm, fifteen (15) feet wide at the top, located at the top of the slope on the HI Heavy Industrial property's south end. In addition, pine trees must be planted on the south side of the screening fence spaced twenty (20) feet apart. 5) That uses permitted in the buffer zone (the 291 foot wide area between the south property line and the south HI Heavy Industrial district boundary line) be limited to open space if a salvage yard is located on the HI Heavy Industrial property. If a salvage yard is not located on the HI Heavy Industrial property, the buffer area can be developed for any of the uses permitted in the LI light Industrial district. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, Eugene Bird Jr., Chairperson Zoning Advisory Commission Prepared by: Laura Carstens. Citv Planner Address: C~ Hall. 50 W. t3th St Telephone: 589-4210 Retum to: Jeanne Schneider. CiN Clerk Address: City Hall- 50 W. 13~ St 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, WITH CONDITIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, )OWA: 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 ftom LI Light Industrial District to HI Heavy Industrial District, with conditions, to wit: Lot 1 of 2 of 7 Mason Cate Estates (except the north 200 feet and south 291 feet), 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 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk ORDINANCE NO. 1-07 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, WITH CONDITIONS. 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 Light Industrial District to HI Heavy Industrial District, with conditions, to wit: Lot 1 of 2 of 7 Mason Cate Estates (except the north 200 feet and south 291 feet), 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 16 th day of January 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (2005), and as an express condition of rezoning of the property described as: Lot 1 of 2 of 7 Mason Cate Estates (except the north 200 feet and south 291 feet) and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. which is the subject of Ordinance No.1-07, a copy of which is attached hereto and incorporated herein by reference, the undersigned property owners, agree to the following conditions, all of which the property owner further agrees are reasonable and are imposed to satisfy public needs which are caused directly by the rezoning: A) Conditions: The following conditions shall apply to the subject property: 1) That the allowed uses on the HI Heavy Industrial property be limited to those of the LI Light Industrial District and junk yards and salvage yards. 2) That the maximum building height on the HI Heavy Industrial property be limited to twenty (20) feet. 3) That hours of operation of a junk or salvage facility be limited to 6 a.m. to 6 p.m. weekdays, 6 a.m. to noon on Saturday, and closed on Sunday. 4) That an eight (8) foot high chain line fence with slats be constructed on top of a five (5) foot high berm, fifteen (15) feet wide at the top, located at the top of the slope on the HI Heavy Industrial property's south end. In addition, pine trees must be planted on the south side of the screening fence spaced twenty (20) feet apart. 5) That uses permitted in the buffer zone (the 291 foot wide area between the south property line and the south HI Heavy Industrial district boundary line) be limited to open space if a salvage yard is located on the HI Heavy Industrial property. If a salvage yard is not located on the HI Heavy Industrial property, the buffer area can be developed for any of the uses permitted in the LI light Industrial district. B) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the LI Light Industrial District (which rezoning will include the removal of the performance standards in Section A above) if the property owner fails to complete any of the conditions or provisions of this Agreement. C) Modifications. Any modifications of this Agreement shall be considered a zoning reclassification and shall be subject to the provisions of the Zoning Ordinance governing zoning reclassifications. All such modifications must be approved by the City Council of Dubuque, Iowa. D) Recording. A copy of this Agreement shall be recorded with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this rezoning approval within thirty (30) days of the adoption of Ordinance No. 1 -07. E) Construction. This Agreement shall be construed and interpreted as though it were part of Appendix A of the Code of Ordinances of the City of Dubuque, also known as the Zoning Ordinance of the City of Dubuque, Iowa. F) This Agreement shall be binding upon the undersigned and his/her heirs, successor and assignees. ACCEPTANCE OF ORDINANCE NO. 1 07 I, Wayne C. Stewart, representing Stewart Construction, Inc., LLC, property owner, read the terms and conditions of the foregoing Ordinance No. 1-07 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 16th day of January 2007 Wayne C. Stewart MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (2005), and as an express condition of rezoning of the property described as: Lot 1 of 2 of 7 Mason Cate Estates (except the north 200 feet and south 291 feet) and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. which is the subject of Ordinance No. -07, a copy of which is attached hereto and incorporated herein by reference, the undersigned property owners, agree to the following conditions, all of which the property owner further agrees are reasonable and are imposed to satisfy public needs which are caused directly by the rezoning: A) Conditions: The following conditions shall apply to the subject property: 1) That the allowed uses on the HI Heavy Industrial property be limited to those of the LI Light Industrial District and junk yards and salvage yards. 2) That the maximum building height on the HI Heavy Industrial property be limited to twenty (20) feet. 3) That hours of operation of a junk or salvage facility be limited to 6 a.m. to 6 p.m. weekdays, 6 a.m. to noon on Saturday, and closed on Sunday. 4) That an eight (8) foot high chain line fence with slats be constructed on top of a five (5) foot high berm, fifteen (15) feet wide at the top, located at the top of the slope on the HI Heavy Industrial property's south end. In addition, pine trees must be planted on the south side of the screening fence spaced twenty (20) feet apart. 5) That uses permitted in the buffer zone (the 291 foot wide area between the south property line and the south HI Heavy Industrial district boundary line) be limited to open space if a salvage yard is located on the HI Heavy Industrial property. If a salvage yard is not located on the HI Heavy Industrial property, the buffer area can be developed for any of the uses permitted in the LI light Industrial district. B) Reclassification of the Subject Prooerty The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the LI Light Industrial District (which rezoning will include the removal of the pertormance standards in Section A above) if the property owner fails to complete any of the conditions or provisions of this Agreement. C) Modifications. Any modifications of this Agreement shall be considered a zoning reclassification and shall be subject to the provisions of the Zoning Ordinance governing zoning reclassifications. All such modifications must be approved by the City Council of Dubuque, Iowa. hug U1 Ub U2:02p Planning Services 5635894221 p.5 Gty of Dubuque "`E`rr`oE Planning Services Oepartrnent Du$ E Dubuque, IA Sz001~864 Phone: 563-589~z10 ,,~ Fax: 563-589221 PLANNING APPLICATION FORM ^ Variance )Rezoning ^Simple Site Plan ^Annexation ^Conditional Use Permit ^Planned District ^Minor Site Plan ^Temporary Use Permit ^Appeal ^Prdiminary Plat ^ Major Site Plan ^Certifiote of Economic Non•Yal~ility ^Special Exception ^Minor Fral Plat ^ Major Fnal Plat ^Certifimte of Appropriateness ^Umi[ed Setbad< Waiver ^Text Amendment ^Simple Subdivision ^Other: Please tvce or nrirrt le gibly in Ink Propertyo w ner(s): S~-P I~~C1~~- CC1(l'j~ft~c ~-ion Inc, ~UC_ o Phone: ~~n $7l •- ~y~~ ~ n Address: 1'~C1X I ~ ~ Lf Gty: State ZP: S~C~©~-I Fax Number. 503 '- !~ o S~ O' % y ~$ Plobile/Ceuular Number. S ~O~J" ~~ 3~ ~ ~J I Appliont/Ageht: and Address: ~f~~ ~2 r['1 \t~ t,~l~ Q 111 Ck, Gty: ~~ll . +A Slatell:.T~ 7pn~, Fax Number:.~jj0,;2'~~ti~- ~7CI q Mobile/Cellu_Iar NVumber: ~[L~.~'~L' - F~O~~p site location/address: /_[~~ 10~ ~ (Yl ct~0f~ ('n.4? ~S~('t ~2~ Existing zoning: ~^.Z Proposed zoning: ~ Historic District: ~ Landmark: ~Q_ Legal Description (Bidwell parcel ID# or lot number/block number/subdivision): P(a ~C2I o9.3rD~~j3 ors I Total property (lot) area (square feet or aaes):_~ ~ ~ ('P S Describe proposal and reason necessary (attadt a letter of explanation, if needed): ,94f _ be~f\a ~e DnS`C~ \ l.E~~ \ 2 ~ivn _ , SPP Cx ~~ CERTIFICATION: I/we, the undersigned, do hereby certify that: 1. The information submitted herein is true and oorred to the best of my/our knowledge and upon submittal becomes public record; z. Fees are not refundable and payment does not >g~uarantae apprrn~ 3. All additional requireyl written and graphi,{~ihiat~n;re attadied. Property Owner(s): AppliprrtJAgent: _ Phone: ~:LLsL.sJ2Q~t7C-'~~j Date: ~~ FOR OFFICE USE ONLY -APPLICATION SUBMITTAL CHECKLIST Fee;~~ Received by: ~~ ~-Date: ~! 06 Docket: ^Site/sketch plan Conceptual Development Plan ^P the o~Plat ^Improvement plans ^Design review project description ^Floor plan ^Otfier: December 11, 2006 City of Dubuque Zoning Commission This letter shall serve as a written request to modify our zoning request on the property known as Lot I of 2, Mason Cate Estates. Stewart Construction, Inc.is hereby requesting that 12.56 acres be re-zoned to a modified HI use, and that the only allowable HI use is for a salvage yard. Please see attached proposed site plan. We further agree that the nuurimum building height is not to exceed 2 stories. The owner agrees to provide 8' privacy fencing along the south border of the lot. The portion adjacent to Brehm Fann is currently caned R2 by Dubuque County. Owner further agrees to provide additional screening by the use of trees and plants. Respectfirlly, Gr~J.Adams Broker Representing Stewart Construction, Inc. GJA:dI enc ~1'x~ Advantage Realty 4029 Pennsylvania Avenue Dubuque, Iowa 52002 Office: (563) 588-3078 Fax: (563) 5B8-] 799 EacA Office IntlaperideMry Owned and Operated 20'd 66LT 88S £95 J,llFi3b 39tilNH(1Qti Xt1W32i 9b:bT 9002-IT-~3a ~'cl~-'~i`f`>'e~ ~'C Ii~~~o~ Z.oSt~ t'IF-~-rltilE¢ RF/MA~ November 1, 2006 To: Members of the Dubuque County Zoning Board Re: Re-zoning of 17 acre pazcel on Old Highway 20 We aze asking for your approval of a zoning change from Li to Hi. In making yow decision, please consider the following points: 1. Property was previously zoned Ml County. 2. We have support of most neighbors. 3. There is no vacant Hi land in the City of Dubuque at the present time. 4. The access road to Old Highway 20 offers cleaz visibility in both directions. 5. A zoning change to Hi does not automatically mean an increase in traffic. Respectfully, Gr"eg'~ Adams Broker G7A:d1 R~,6/I117[~ Advantage Realty 4029 Pennsylvania Avenue Dubuque, Iowa 52002 Office: (563)588-3078 Fax: (583)588-1799 Each Office Independently Owned and Operated ++ y 61 3 ~V w 0 N 3 s t 0 on a c N w R Gzl OD C .U w 0 N CC 3 .a m s c 0 c c .. .. r, ~. Vi W C O s d 0 ~. a w 0 d .y it h 0~ 3 e et' b a u U CQ r+ CC OD Cr' O _O S ~r 7 O @D C 'u w 0 N 3 s on 's 0 ou a c .. M s ... ~. 0 z 0 0 ti w ~ O N i~, 3 a s u bA C x 00 b O ^O v. C "O ,a L ~ ~ ~ w THE CITY OF Dus E MEMORANDUM December 27, 2006 TO: Zoning Advisory Commission FROM: Guy Hemenway, Assistant Planner (~~~ SUBJECT: Greg Adams/Stewart Construction, Inc. Rezoning Request for Property Located at the southwest corner of Seippel and Old Highway Road (Lot 1 of 2 Mason Cate Estates). BACKGROUND On October 4, 2006, Greg Adams, representing Stewart Construction, Inc., submitted a rezoning request for approximately 17 acres of property located along Old Highway Road on the city's west side from LI Light Industrial zoning district to HI Heavy Industrial zoriing district. The Zoning Advisory Commission tabled the request and it was reheard at their November 3, 2006 meeting. By a vote of 6 to 0, with one abstention, the Zoning Advisory Commission recommended denial of the request. The City Council reviewed the request at their November 20, 2006 meeting, and referred the applicant's request back to the Zoning Advisory Commission. DISCUSSION Subsequent to the November City Council meeting, Mr. Adams submitted a modified request that reduces the area to be rezoned from 17 acres to approximately 12.5 acres and provides a 300-foot buffer along the property's south lot line (please see attached map). This buffer is located between the area proposed to rezoned to HI and the Brehm's property that is zoned County R-2 Residential. The applicant also stipulated that all heavy industrial uses other than a salvage yard could be stricken from the list of permitted uses. The applicant has also agreed to limit the building height to two stories and to provide an eight- foot high privacy fence and additional vegetative screening along the south lot line. Staff would like to note that, because of the grade change, an eight-foot high privacy fence at the base of the hill along the lot line would not screen the property. However, if the privacy fence and vegetative screening were placed at the top of the slope, it would more effectively screen the property. Also, staff recommends that the building height be specified in feet versus stories. This memo is provided foryour information. GH/mkr U ~ _ W ~ J ~ O f6 O L O O m ~ U ~~ ~ ~ ~ Q m o`mN ~~ ~ c~ n 0 F-1 ~ ~. W Q O ~ c.~ +_~+ m o= N N a ~ .~ Q 3~ O N~ ~ Q > ~ t C O D U v ~ a ~ ~ ~ ~ ~ f0 ~ ~ o a-Oi O ~ G 'yam N p_ N "O L ~ ~ ~ N~ a ~ o O ~.: ~ N O O a 7 U C p 0 0 .~ C~ m ~L a O O N O N m~ i ~m Q:r Jfn~ ~J O Q N U J J 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: ~~, erwa..~.~Reviewed: ~ Date: `~' z~'~ 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, wazehousing, 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) MedicaUdental lab-[8]. (4) Personal services-[14]. (5) Off street pazking lot-[n/a]. (6) Gas station-[18]. (7) Grocery store-[17]. (8) Bakery (wholesale/commercial)-[19]. (9) Indoor restaurant-[20]. (10) Drive in/carryout restaurant-[28J. (11) Bar/tavern-[20]. (12) Automated gas station-[18]. (13) Service station-[21]. (14) Drive up automated bank teller-[8]. (15) Self service caz wash-[8]. (16) Animal hospitaUclinic-[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-[19J. (21) Indoor recreation facilities-[37]. (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 reseazch or engineering-[33]. (52) Wazehousing and storage facilities-[33]. (53) Manufacture or assembly of musical instruments; toys; watches or clocks; medical, dental, optical, or similaz 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]. [ ] Pazking 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 daycaze center provided that: (a) Forty.(40) squaze feet of indoor floor azea (excluding halls and bathrooms) is provided per child in azeas occupied by cribs; (b) Thirty five (35) squaze 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) squaze feet of fenced outdoor recreation space is provided per chrgd 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 daycaze center may be located within the same structure as any gas station, baz/tavern, automated gas station or any facility selling, servicing, repairing or renting vehicles; (g) The pazking group requirements can be met-[8]; and (18) Banks, savings and loans, and credit unions-[31]. (19) Vending/game machine sales/service-[19]. (20) Indoor recreation facilities-[37]. (21) Mail-order houses-[23]. (22) Lumberyazds/building 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 repair/body shop-[35J. (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 sales/service-[41]. (35) Boat sales service-[40]. (36) Recreation vehicle sales/service- [38]. (37) Vehicle rental-[47]. (38) Upholstery shop-[42]. (39) Pazking structure-[N/A]. (40) Contractors shop/yard-[33]. (41) Wholesale sales/distributor-[29]. (42) Freight transfer facilities-[44]. (43) Fuel and ice dealers-[33]. (44) Agricultural supply sales-[19]. (45) Cold storage/locker plants-[15]. (a) Forty (40) squaze 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 azea (excluding halls and bathrooms) is provided per child in azeas 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 boazd's decision; (f) No group daycare center may be located within the same structure as any gas station, baz/tavern, automated gas station or any facility selling, servicing, repairing or renting vehicles; (g) The pazking group requirements can be met-[8]; and (h) The condifional use applicant certifies that the premises on which the group daycaze center will be located complies with, and will for so long as the group daycaze center is so located, continue to comply with all local, state and federal regulations governing hazazdous substances, hazazdous conditions, hazazdous wastes, and hazazdous 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 superfiutd 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 hazazdous 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 m;n;mum 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. Imo" '~ December 11, 2006 City of Dubuque Zoning Commission This letter shall serve as a written request to modify our zoning request on the property known as Lot 1 of 2, Mason Cate Estates. Stewart Construction, Inc.is hereby requesting that 12.56 acres be re-zoned to a modified HI use, and that the only allowable HI use is for a salvage yard. Please see attached proposed site plan. We further agree that the maximum building height is not to exceed 2 stories. The owner agrees to provide 8' privacy fencing along the south border of the lot. The portion adjacent to Brehm Farm is currently zoned R2 by Dubuque County. Owner further agrees to provide additional screening by the use of trees and plants. Respectfully, ,~., ~~:; GrJ. Adams Broker Representing Stewart Construction, Inc. GJA: dl enc ItT7~\ Advantage Realty 4029 Pennsylvania Avenue Dubuque, Iowa 52002 Office: (563) 588-3078 Fax: (563) 588-1799 Each Office Intlepentlently Ownetl and Operated S(1 C~'-~l lTf~'D .o-r t ~ ~ (C) 1 ZpL r~, E~ -(_~ ,.~ C~ ~}Cw~~~Y~ Ova (~welw~'s ~r~Pur--~ c~-t--i1~e ccnrcr ~ c~ 1'PSioIR,.,~-ic~~ Ivor-e ~ceki~ c,~~~-1~~'iz /V~r. ~~1fwFtt'S ~Llv~r.~, ~l,~ellow fi`aile^ is ~Yc~-e, ~J ('~~~~i~-P~~~. I°.~- YeZOr~~r~,> , rnoS} cf -Fhe ~jrowr~ ~~k fae-e is ~crv~~ C'uu~-1,~ (-~-1., •. `, ~,c~,` ~., e';9 ~a ~fft. ~:s, i9 y ~,. _ .:: f 11~ 5i181~1 ~ ~it~ ,D f i ~'t I v7 ZOO- h+H~~n r-i Cs , ~ ~V T S+ovv~~ a~ Old 1~'aJh~'J Rd. Icol~ir9 South , .ReSid-e~-hai for,-es tM 3~-~ are ~l`o~"Oj~ o~'v`~~"`0v`r` (mil -~i e 1d~ 1ae-Iw epM Irr S-k W a,-tS \owd a-.~ ~ p-~-}~~~,~ (.~~ IS Z6`rpnl COv-v~-h~ R- I d Shows the LlY'ad2 -~cr mr. S~1-cW~ l o.~ 1u 13vehr. IOIv a R .~~ r ~ ~ ~, ~ ~ 919£8 M .[C.eLLO 5 _ _ ~~ _ _ ~ _ _ L / - = q / __ __.. -..l g ti I w 2 IS I ~ m M Mtltl I I g g 'x 11'~~s~y I I _ ~ L I ~ I ~ 5 I ~ ~ /L N ~ I_i ~ ~ C i, / / - ~ i .. /~ vp i / A~ '_~ / ~ i o / ~ ~~ ~° ~o / I:i / / / N O / Q Ie / m O m ~ / A A \y~ X / v O o ~~ j z ~ ~ ~ j ~ c~i 9e ~ /,~ i x 9 I ' % %' • ~a'rN ~~ j / i =" w i 3 I / / j / / / Nb . / % r I /~~ ~ / ~ ~ ~~ ~ ~~ i ;.~j~ / /~ / / / / odL _ / // u. ~ ~ I I ~ FrisnNC ~/ F I Z~~ryc,. %: I I Ll('Y/T ~[t g ~ I nSM~nt L _ b _ I 3llll MOtl 01ILL51X3 g /' ~ ~ ~ _ _ .L I _ _ _ _ ~ .CChLI O D ,Ifi L!C 3 .SI,9GL9 N 3 _SC,ICdB $ ~ ~ A I L r m ._ __L _ ~ r --r-OLD HIGH Wqy ROAD / - m o - I _---~- __ n vmi _ \ I .09'651 3 $[.16.19 5 - ~'' n ~ , / N .~ \ O ~ I b ti ~ ~ ~ ~ n o R~^I~L~-dIC71's9 ~ ~ '-, r m ti J m o ~'1~llll~»' / !n T ~ n A I.~i N ~ e g in ~ 4 v x t 0 ~ Z Fy ~~ e~ le &lal ((( IIW CNGINCLH53c r••o-° ,r. Es W. ~s =I p?~ ~~~/ SUILVGYO .~ ~ w.<.OC,.2 E%HIHI'1' AIAP ~~~~ ~- tl as, r c. Lar i xrmnlrr. cvvame za. - _ - nlnsorv cnr>, esrsr _ - ~_ _~ N e~ ~~ ~r O ~~O r 1 _~ N a 0 0 ~~ .~-~ ~. ~~ g ~~S. O 'r~.3 .~ ~_ .~~ ~~ N U ~~ ~o o:~ ~o o,o ~°°~ ~~ .-. M a~ a 0 ~. a w 0 s 0 a~ ...~ E E 0 a ~s a ...~ 0 v 0 C ...~ 'L! A ~.+ 0 z .., a~ 0 ~. a 0 W a .., a~ c o ~ 'v ~~ ~w AD November 1, 2006 City of Dubuque Zoning Commission: ADDOCO INC. 12678 Industrial Court Peosta, Iowa 52068 PHONE - 563/557-1555 FAX - 563/556-2369 We are the owners of the property located directly to the west of Wayne Stewart's land on Old Highway Rd. The pLUpose of this letter is to confirm our support of the zoning change from light industrial to heavy industrial. We feel this is the highest and best use for this land. Respectfully, Steve Rodham President November 1,2006 City of Dubuque Zoning Commission: I am the owner of the property located directly to the east of Wayne Stewart's land and south of Old Highway Rd, known as Lots 4-1 I Seippel Road Commercial Park Plat 2 The purpose of this letter is to confirm our support of the zoning change from light industrial to heavy industrial. Respectfully, Jim Kress ~__._ =- Nuv-ui-~uue wtu u.s~ia rrl 45 Jones Street Dubuque,lA 52001 (563)582-1208 To whom this may concern: Apex Concrete supports the caning change on Stewarts property from light industrial to heavy industrial. Chad.Thier ., t1 i=--/' ~' 1 C~ ~ 2~ Apex Concrete r. ul November 1,2006 City of Dubuque Zoning Commission: We are the owners of the property located directly to the east of Wayne Stewart's land, known as Seippei Road Commercial Park. The propose of this letter is to confirm our support of the zoning change from light industrial to heavy industrial. Respectfully, Tri-State Development, Inc. Toby Kress, President