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Greg Adams_Stewart Seippel RezoningPrepared by: Laura Carstens. City Planner Address; City Hall. 50 W. 13th 5t Telephone: 589-4210 Return to: Jeanne Schneider. City Clerk Address: Cltv Hall. 50 W. 13m 5t Telephone: 589-4121 ORDINANCE NO.12 -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 Mason Cate Estates (except the north 200 feet and south 291 feet), 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 this19th day of March 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 Mason Cate Estates (except the north 200 feet and south 291 feet), all in the City of Dubuque, Iowa. which is the subject of Ordinance No. 12..(J7, 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 thirty-five (35) 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 H I 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 L1light Industrial district. B) Reclassification of the Subiect 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) RecordinQ. 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. 12- 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.12-07 I, Wayne A. Briggs, representing Industrial 20 Development, LLC, property owner, read the terms and conditions of the foregoing Ordinance No. 12-07 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 19th day of April, 2007. By Wayne A. Briggs ACCEPTANCE OF ORDINANCE NO. 12-07 I, Wayne C. Stewart, representing Stewart Construction, Inc., LLC, property owner, read the terms and conditions of the foregoing Ordinance No. 12-07 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 23rd day of April 2007 By Wayne C. Stewart Brian J. Kane Les V. Reddick* D. Flint Drake** Brad ). Heying 'T'odd 1.. Stevenson* Kevin 'I'. Deeny John D. Freund Bradley B. Kane :\ll admitted in Iowa *:\lso admitted in Illinois **Also admitted in Wisconsin KANE, NORBY & REDDICK, P.C. A•ITORNEYs 2100 ASBURY ROAD, SUITE 2 DUBUQUE, IA 52001-3069 ~.~~/ ~~/,~,~/ v ~~~ Of Counsel: Gary K. Norby February 12, 2007 Mayor and City Council Members Attn: Jeanne Schneider, City Clerk City Hall 50 West 13`'' Street Dubuque, IA 52001 Phone: (563) 582-7980 Facsimile: (563) 582-5312 E-mail: BKanc@kanenorbylaw.com Re: Request for On-Site Meeting With Respect to W.C. Stewart Construction, Inc./Wayne Briggs Real Estate Along Old Highway Road Dear Mr. Mayor and Members of the Council: We are counsel for Messrs. Briggs and Stewart and previously appeared before you on January 16, 2007, during the public hearing concerning the above matter. At that time, you approved, 7-0, re-zoning a portion of the above property from light industrial to heavy industrial. In response to our letter of February 1, 2007, you voted to reconsider this matter on February 2, 2007. The issue in question is our request to modify the roof-height restriction in the previously executed Memorandum of Agreement. We ask that you set a public meeting to occur at the site so that we may provide you with the additional information with respect to the project. Consequently, we would request a meeting at the site on the afternoon of February 27, 28 or 29`h or the afternoon of March 6, 7 or 8`". Once scheduled, we will work out transportation. If you have any questions, please do not hesitate to contact us. Best Regards, BJK:sa cc: Mr. Mike VanMilligen, City Manager Mr. Barry Lindahl, Esq. KANE, RE CK, P.C. By: Brian Kane CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE is hereby given that the Dubuque .City Council will conduct a public hearing at a meeting to commence at 6:30 P.M. on March 5, 2007 in the Public Library Auditorium, 360 West 11th Street, to consider amending Ap- pendix A (the Zoning Ordi- nance) of the City of Dubu- que Code of Ordinances by rezoning hereinafter de- scribed property located near the southwest corner of Seippel Road and Old Highway Road from LI Light lndustrial District to HI Heavy Industrial District as reqquested by Greg Adams/Stewart Construc- tion, Inc. (Copy of support- ing documents are on file in the City Clerk's Office and may be viewed during normal working hours.) Written comments re- garding above reclassifica- tion may be submitted to the City Clerk's Office on or before said time of pub- lic hearing. At said time and place of public hearing al! interest- ed citizens_and parties will ~be given an opportunity to be heard for or against said' reclassification. 'Any visual or hearing im- paired persons needing special assistance or per- sons with special accessi- bility needs should contact the Gity Clerk's Office at 563) 589-4120 or TDD 563) 690-6678 at least 48 hours prior to the meeting. /s/Jeanne F. Schneider, CMG City Clerk it 2/23 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Wendy Miller, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: February 23, 2007, and for which the charge is $14.26. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this~~?~~ day of , 20 ~. ~ ~~~ T " i; .y 1 ' t Notary Public In ana ror L~uuuyuv ~-Sul=~,~, _~•~~• GUIDE TO VIEWING OF BRIGGS/STEWART SITE LOCATED NEAR THE SOUTHWEST CORNER OF SEIPPEL ROAD AND OLD HIGHWAY ROAD March 5, 2007 TABLE OF CONTENTS I. General Description/Introduction II. Building layout and site plat showing existing light industrial district and heavy industrial district. III. Building profiles of proposed Alter and BFI buildings showing proposed heights and location on site IV. Aerial photographs I. GENERAL DESCRIPTION/INTRODUCTION I. Legal Description: Lot 1 of 2 Mason Cate Estates (except the north 200 feet and south 291 feet), and to the center line of the adjoining public right of way, all in the City of Dubuque, Iowa, (about 20 acres, more or less). II. Procedural History: On January 16, 2007, the City Council approved the re-zoning of a portion of the above referenced property (approximately 12.56 acres thereof) from LI, light industrial district, to HI, heavy industrial district, with conditions thereon (see conditions attached). At the request of the applicant, the City Council agreed to reconsider the re-zoning request because the maximum-building- height condition contained in Ordinance No. 1-07 (see section A(2) thereof) would preclude construction of a building needed by at least one of applicant's prospective tenant/buyer. III. Request: Applicant is requesting that the City Council modify the maximum building height in section A(2) in the HI, heavy industrial property, to permit construction of two buildings of the heights depicted on the attachment to section III hereof. I''ab 20 07 08;54a .i e ~ M>=MORAhtDUM OF aGREEMEhi7 p,3 Pursuant to the Iowa Code Section 414.5 (2x05), and as an express condition of rezoning of the property described as: Lot 1 of 2 "Mason Cate Estates (except the north 2t)0 feet and south 29'1 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 #o 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: 'I) That the a!}owed uses on the HI Heavy Industrial property be limited to these of the Ll Light Industrial District and junk yards and salvage yards. 2) That the maximum building height on the HI Heavy'Industrial property be I'smited 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, 0 a.m. to noon on Saturday, and closed on Sunday. ~) That an eight (t3) foot high chain fine fence with slats be constructed on top of a.five (5) foot high berm, fifteen (15) feet wide at the~top,~iocated at the top of the slope an the HI Heavy Industrial property's south end. In addition, pins trees must be planted an 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 }ine and the south Ht Heavy Industrial district boundary line) be limited #o open space ifi a salvage yard is }orated an the }-II Heavy Industrial property. If a salvage yard is not located on the Ht Heavy Industrial property, the buffer area can be developed for any of the uses permitted in the L1 tight Industrial district . B) Reclassification of the Subject Proaerty. The City of Dubuque, Iowa may initiate zoning rectassrfication proceedings to the Ll Light Industria}District (which rezoning unit} include the removal of the performance standards in Section A above) if the property owner faits to complete any of the conditions or provisions of this Agreement. . C) Modifications. Any modfications of this Agreement shall be considered a zoning reclassfication and shall be subject to the provisions of the Zoning Ordinance governing zoning reclassifications. All such modifications mast be approved by the City Council of Dubuque, Iowa. D=eb 20 07 08;55a p.4 D) Recording. A copy of this Agreement shall be recorded with the Dubuque County Recorder as a,permanent record ofthe conditions accepted as part of this rezoning approval within #hirty (3D) days of the adoption of Ordinance No. 1-7. 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 Agreemen# shalt be binding upon the undersigned and his/her heirs, successor and assignees. Feb 20 07 08:55a .,' AGGEPTANCE ©F ~R,Dl1~lAi~JCE NQ. ~. D7 p.5 !, Wayne C. Sternrart, representing Sfewart Cons~ctioR, Inc., LLC, prt~petty owner, read the terms and conditions of the foregoing C~rrlitlance No_ ~ / -07 and being farniiiar with ttte conditions thereof. hereby accept this same and agree to the ~nditions required therein. ~~ - Dated 'trs~lu!?u4ue, Ic~vu-a this l~ day a€ a 2007. B~~ '~' ~~ way C. Stevsra~rt ~'~ dnc::tn in Fn u~ II. BUILDING LAYOUT AND SITE PLAT SHOWING EXISTING LIGHT INDUSTRIAL DISTRICT AND HEAVING INDUSTRIAL DISTRICT See attached. 1. Proposed Alter building location shown in red. 2. Proposed BFI building location shown in blue. HI Heavy Industrial area shown bordered in orange. 4. Note: A lift will be placed on site of BFI building location showing proposed height of BFI building. p~~dy~g\06228-p1-COLOR EXHIBIT FOR COUNCIL MEETING.aw9~ ~^'' I~~'ll" ~ A 1}h~t ~ 1111~~~ ~ 1111~~ ~~~~`~ ~ ' ` ~\ /~~ ~ i 1 I ~~ ~I ~,i I I ~ I -^'t" { ~ ~ ~ ~~ ~~ . i ~ ~~; ~ /1, !~ ~ ~~ ° iil ~!(li ~ - , 11Hi ~ ~I ~i111 ~\~j/lC ~1J, \\~`~ ~~ ~ ((J 111l111~ IIIl~~ 1 Ill~lli11~1~~~1 ~ )U~~1~~i P~1~1i1~ Iplllll~~ ~llll~~d ~ iiflllllll111111111 ~ Ilillllli Ililliili ~piili 11111flllill 1 dri,ilf,hlll,,,ill 1 ~~1 / ~ ~~ ~ ~~ ~~ ~- _- ~~ ~ 3r+o ~~ ~ / ~ ~~ ~.a r OLD HIGH`'I~AY 20 ;' 3N0 3N0 3No 0 ~ c z s n z n r<i °' o_ m m m z A r~ a c n 0 1 OF 2 ~ IlW ENG~EERS & b ~ SURVEYORS, P.C. o m ,~~~n. ExrERTise. soLUnoNS. MASON CATE ESTATES ~~~,~ ,.....~, nF' ntJBUQUE, IOW ~, 11 ~ J^ ~ ~ i X1111 ~ ~_~--- v~ ~ r . 1(lll ~~~~ (~ i~ ~a xU? --~- rttt,l,l,llt~l~ ~ , BUILD- I~YOUT I ZONSNG REVIEIS III. BUILDING PROFILES OF PROPOSED ALTER AND BFI BUILDINGS SHOWING PROPOSED HEIGHTS AND LOCATION ON SITE See attached. 1. Extended height of proposed BFI building: • Floor: 845 feet above sea level • Top of roof: 880 feet above sea level • Total average building height - 35 feet 2. Extended height of proposed Alter building: • Floor: 843 feet above sea level • Top of roof: 870 feet above sea level • Total average building height - 27 feet 3. Note that railroad tracks are about 860 feet above sea level and Addoco building is about 865 feet above sea level and top of hill on Alter side of the site is approximately 889 feet above sea level. P:\06\228\228-01\06228-01\dwg\06228-01-COLOR EXHIBIT FOR COUNCIL MEETING.dwg, EX2, 3!5/2007 9:07:51 AM ~ ~ 857 7 , ~ O o O W O C a O ~ ~ ~ O r 0 A ~ m ~ 642.7 ~ Gj ~' A O O bi O W O n O A ~ O r O 0A . Zvo x m + 842.8 zmx mA~ ~ ~ D ~r~i A + 644,5 m o ~ 850.0 ~' z N ~ + 842.2 °o + 645 7 °o . 842.1 845 9 . + 842.4 g + 846 1 g . n 842.7 846 2 . + 843.2 g + 846.6 843.5 847.2 v~ ~~ z~~ ~ ~ 644., m ~ 0 9 td 8 o a 647.6 r ~ s r~ r r~ 644.6 647.9 + 845.3 g + 848.1 g 845.9 ~ 651,2 + 846.3 g + 865.1 i„ ~ zz<- Zm i n c> o 854.3 665.9 + 872.0 o + 867.1 0 ~ 566.4 v AA z ° o rnA~ < 861.5 y + 685.4 0 885.1 N } 573.8 VERTICAL SCALE IN FEET O I" ~ O O ~ n VERTICAL SCALE IN FEET A~ O O O A z~0 m DRAWING MAY HAVE BEEN REDUCED 673 6 A > DRAWING MAY HAVE BEEN REDUCED m 'v ~ 7TVI7 L'7~7/77wTL LSD C~ O- Project Description: Sheet Title: Rev: Issued For: Issued Date: Rev Hy: LOT 1 OF 2 ALTER/ BFI PROFILES ~~ N n n " SURVEYORS, P.C, - V z ~ INTEGRITY. EXPEATTSE. SOLUTIONS MASON CATE ESTATES - N C ~ w ~ DUBUQUE. IA HAZEL GREEN, WI DUBUQUE, IOWA ~ .`.I ZONING REVIEII 03-02-07 L1/R IV. AERIAL PHOTOGRAPH See attached. March 13th, 2007 To Mayor Buol and City Council I respectfully ask that you table our rezoning request for property on Seippel road. The reason I am requesting this is because I would like to gather more information on zoning requirements for planned property uses from planning and zoning. After that we will decide if we want to put it before the city council for a vote or if we will go back to the zoning commission and see if they will reconsider the previous recommendation based on new facts. If addition information is needed I can be reached at 563-599-3388 for questions. Sincerely, ~ ~' r Brian Lammers/ Tri-State Development Co. n ~ ~ Q ~- t~? c ~ ~ ~ n r. c ~'~~ w ,~ « ~ ~ rn D rv w ~ cn