Tri State Development property Reclass
Canning Services Department o 7 ~a R ~ ({ a ~ , ~ S
50 West 13th Street
Dubuque, Iowa 52001-4864
City ~~~~•~,`~J ~ff~
(563) 589-4210 office
(563) 589-4221 fax C@
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(563) 690-6678 TDD
planning@cityofdubuque.org
www.cityofdubuque.org
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
THE CITY OF ~~
-~ ~~
March 9, 2007
Applicant: Tri State Development LLC
Location: Seippel Court
Description: To rezone property from CS Commercial Service & Wholesale District to LI Light
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 zoning and land use, and
reviewing potential businesses that would require Light Industrial zoning before they could locate
on the subject property.
There were several concerned citizens who spoke in opposition to the request, citing concerns
that rezoning will adversely impact surrounding property, which is zoned residential.
Staff reviewed previous zoning requests for the property, street access and surrounding zoning
and land use.
The Zoning Advisory Commission discussed the request, noting that the subject parcel is
elevated above surrounding parcels that would make any industrial operation more visible to
nearby residential property. The Commission also noted that there has not been a material
change to warrant rezoning to the more intense Light Industrial zoning.
Recommendation
By a vote of 4 to 0, the Zoning Advisory Commission recommends that the City Council deny the
request.
A simple majority vote is needed for the City Council to concur with the Commission's
recommendation to deny the rezoning. A super majority vote is needed for the City Council to
approve the requested rezoning.
Re4spectfully submitt>ed~,
~d~ ~~u~t~e.~ j~~
Jeff Stiles, Vice Chairperson
Zoning Advisory Commission
Enclosures
Service People Integrity Responsibility Innovation Teamwork
THE CriY OF
~~UB E
~-
- ~
Gty of Dubuque
Planning Services Department
Dubuque, IA 52001-4864
• Phone:563-589-4210
Fax: 563-589-4221
PLANNING APPLICATION FORM
^ Variance (~ltezoning
^Conclitional Use Permit ^Planned District
^AppEa! ^Preliminary Plat
^Special Exception ^Minor Fnal Plat
^Limited Setback Waiver ^Text Amendment
PleasE^ tvae or arint lenibly in ink
^Simple Site Plan ^Annexation
^Minor Site Ptan ^Temporary Use Permit
^ Major Site Plan ^Certificate of Economic Non-Vability
^ Major Fnal Plat ^Certificate of Appropriateness
^Simple Subdivision ^Other:
Properly owner(s): Sri State Development r.r.c _Phone:5~~_~5~-3820
Address: 12998 English Mill Gty: Dubuaue State:~_Zp: 5200
Fax Number: ~ ~ '~ - 5 8 ~ - P '~ ~ a Mobile/Cellular Number:
Appli~~nt/Agent: Tri Statp 1~ecrpl n~mant r.r r _ Phone: 563-~~Z3820
Address: i P Fngt ~ sh M~ ti GtY~ n„~,„iue State:~_Zip: 52nn~
Fax Number: 5 6 '~ - S ~ '~ - R ~ ~ q Mobile/Cellular Number:
Site location/address:
Existing zoning: ~ ~ Proposed zoning: r, r Historic District: Landmark:
Legal C-esaiption (Sidvvell parcel ID# or lot number/block. number/subdivision):
~_
Total property (lot) area (square feet or acres): 5 91 4 A c- r p G
Descrit~e proposal and reason necessary (attach a letter of explanation, if needed): s ct ~~t~
CERTIFICATION: I/we, the undersigned, do hereby certify that:
1. The information submitted herein is true and correct to the best of my/our knowledge and upon
submittal becomes public record;
2. Fees are not refundable and payment does not guarantee approval; and
3. All addrbonal required written and graphic materials are attached.
Property Owners • Date: ~ ~ ~~
Applicant/Agent: Date:
FOR OFFICE USE ONLY -APP CATION SUBMITTAL CHECKLIST
Fee: SSD• ~c Received by: Date• / ' ~ ~ ' ~ Docket:
^Site/sketch plan ^ Conceptual. Dev opment Plan ^Photo ^Pfat
^Improvement plans ^Design review project description ^Floor plan ^Other:
Prepared by: SCHNEIDER Land Surveying and Planning, Inc. P.O.Box 128 Far ley, Iowa 52046 Ph~563-744-3631
FINAL PLAT
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I Hereby cartlfy that this land surveying document was SCHNEIDER
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63-55 ZOWA Pages or sheets covered by this seal: THIS SHEET ONLY Date:
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REZONING STAFF REPORT
Zoning Agenda: March 7, 2007
Property Address: Seippel Road Commercial Park/Seippel Court
Property Owner: Tri-State Development, LLC
Applicant: Same
Proposed Land Use: Industrial Proposed Zoning: LI
Existing Land Use: Vacant Existing Zoning: CS
Adjacent Land Use: North -Vacant Adjacent Zoning: North - CS
East -Vacant East - CS
South - AG South -County R-1
West -Vacant West - Hlc/LI
Former Zoning: 1934 -County AG; 1975 -County AG
1985 -County M-1 w/conditions Total Area: 5.9 acres
Property History: The property was vacant or under agricultural production until its
annexation in 2003. Subsequently the property has been rezoned to CS Commercial
Service and Wholesale District, subdivided and rough-graded.
Physical Characteristics: The subject property is an approximately six acre parcel with
approximately 70 feet of frontage along Seippel Court at the northeast corner of the
property.. The subject property drops from the high point at the Seippel Court access to
its low point along the property's southern border directly adjacent to the Brehm farm.
There are four additional lots located along Seippel Court that are zoned CS and have
been rough-graded in anticipation of a commercial service development.
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
Economic Development 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 available to
this site or the adjacent commercial service and residential development to the
north and east. The developer of this subdivision is working with the City of
Dubuque to facilitate extension of the City sewer service to this area.
Rezoning Staff Report -Seippel Road Commercial Park/Seippel Court Page 2
Traffic Patterns/Counts: .Based on 2005 IDOT counts, 1,450 average daily trips
occur along Old Highway Road west of its intersection with Seippel Road, and
1,520 vehicle trips occur along Seippel Road approximately one mile southeast of
the subject property.
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 the
City Engineering Department.
Adjacent Properties: The proposed change from current CS Commercial Service
and Wholesale District to LI Light Industrial District should have very limited impact
on adjacent properties. However, there are some manufacturing and compounding
uses permitted in a Light Industrial District that may be more intense than those
uses permitted in a Commercial Service and Wholesale District. The subject
property is located directly next to a large tract of land that is currently under
agricultural production but is zoned County R-1 residential. This may increase the
intensity of commercial and industrial activity next to the residentially zoned
property.
C1P Investments: None proposed.
Staff Analysis: The applicant is requesting to rezone the subject property from CS
Commercial Service and Wholesale District to LI Light Industrial District. The parcel is
approximately six acres in size and is accessed from the western terminus of Seippel
Court. The property has approximately 72 feet of frontage along the cul-de-sac.
Seippel Court is approximately 660 feet long and adjoins Seippel Road, which is built to
collector street standards. Seippel Road has direct access to Old Highway Road and to
U.S. Highway 20. The property slopes from its high point at the northeast corner, falling
gradually to the south toward the Brehm Farm.
The subject property was annexed in 2003 and, at that time, was rezoned from County
M-1 with conditions to CS Commercial Service and Wholesale District. The property
directly adjacent to the west of the subject property was recently rezoned from LI Light
Industrial to HI(c) Heavy Industrial with conditions. The subject lot shares
approximately 370 feet of adjacency with the newly rezoned Heavy Industrial property
and 291 feet of adjacency with existing LI property. The adjacent LI property must
remain open space if the Hlc property is developed as a salvage yard.
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
Rezoning Staff Report - Seippel Road Commercial Park/Seippel Court Page 3
approximately 424 acres of area for industrial development, while the balance of 106
acres was for park and open space.
A copy of the CS Commercial Service and Wholesale District and LI Light Industrial
District regulations are attached to this staff report. The CS District has 42 permitted
uses, primarily contractor shops for such things as wholesalers, small engine repair,
and landscaping. Processing and assembly is also permitted in a CS District. The LI
District permits 54 uses including contractor shops. However, manufacturing,
compounding and treatment of materials is also permitted in an LI district but not
permitted in a CS District. These industrial uses may increase the intensity of
commercial and industrial activity directly adjacent to residentially zoned property.
Staff recommends the Commission review the criteria established in Section 6-1.1 of
the Zoning Ordinance regarding granting a rezoning.
Prepared by: ~' I-~-~,_.~.~,J ~1,~ Reviewed: Date: 07
SECTION 3. DISTRICT REGULATIONS
3-3. Commercial District.
3-3.6 CS Commercial Service and Wholesale District.
(A) General purpose and description. The CS District is intended to provide areas for a variety of
business services, office uses, limited industrial activity and major wholesale operations. The
CS uses aze primarily chazacterized by large storage space requirements, high volume truck
traffic and low volume customer traffic. Special emphasis shall be placed on selection of
azeas to be granted CS classification. It is intended that the CS District is one that provides a
transitional zone that can be used between industrial and commercial uses and in cases where
topography establishes a transitional area due to physical limitations between industrial and
higher density residential development.
(B) Principal permitted uses. The following uses shall be permitted in the CS District:
(1) Railroads and public or quasi-public utilities including substations-[47].
(2) General office-[14].
(3) MedicaVdental lab-[8].
(4) Personal services-[14].
(5) Off-street parking lot-[N/A].
(6) Furniture/home furnishing-[27].
(7) Appliance sales and service-[27).
(8) Furniture upholstery/repair-[18].
(9) Business services-[29].
(10) Office supply-[19].
(11) Vending/game machines sales and service-[19].
(12) Mail-order houses-[23].
(13) Lumberyards/building material sales-[19].
(14) Construction supplies, sales and service-[19].
(15) Printing/publishing-[32].
(16) Moving/storage facilities-[33].
(17) Auto service centers (TBA~[34].
(18) Auto sales/service-[38].
(19) Auto repair/body shop-[35].
(20) Truck sales/service repair-[39].
(21) Farm implements sales and service-[39).
(22) Auto parts/supply-[17].
(23) Mobile home sales-j40].
(24) Motorcycle sales and service-[41].
(25) Boat sales and service-[40].
(26) Recreational vehicles sales and service-[38].
(27) Vehicle rental-[47].
(28) Upholstery shop-[42].
(29) Contractor shop/yazd-[33].
(30} Wholesale sales/distributor-[29].
(31) Freight transfer facilities-j44].
(32) FueUice dealers and manufacturing-[33].
(33) Agricultural supply sales-[19).
(34) Processing ar assembly-[33].
(35) Tooi, die and pattern-making-[33].
(36) Miniwarehousing-j47].
(37) Engine/motor sales, service and repair-[19].
(38) Refrigeration equipment and supply, sales and service-[19}.
(39) Landscaping services (not including retail sales as primary use)-[29].
(40) Welding services-[29].
(41) Animal hospitaUclinic-[23].
(42) Kennel-[23].
[ ]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. The following conditional uses aze permitted in the CS District, subject to
the provisions of Section 5 of this Ordinance and are the minimum requirements for
application to the Board of Adjustment for a conditional use permit:
(1) (Reserved)
(E) Temporary uses. The following uses shall be permitted as temporary uses in the CS District:
(1) (Reserved)
(F) Bulk regulations.
Front yard setback: 20 feet
Side yard setback: 0 feet*
Rear yard setback: 0 percent lot depth*
Building height: 40 feet
*Except where abutting a residential or office residential district, then six foot (6') side yard
and twenty percent (20%) lot depth rear yard setbacks required.
(G) Parking requirements. See Section 4-2 of this Ordinance.
(I~ Signs. See Section 4-3 of this Ordinance.
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-[28].
(11) Bar/tavern-[20].
(12) Automated gas station-[18].
(13) Service station-[21j.
(14) Drive up automated bank teller-[8].
(15) Self service caz wash-[8).
(1~ 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-[19).
(21) Indoor recreation facilities-[37].
(22) Mail order houses-[23].
(23) Lumberyards building materials sales-[19].
(24) Construction supplies, sales and service-[19].
(25) Printing and publishing-[32].
(26) Movinglstorage 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-[17].
(34) Mobile home sales-[40].
(35) Motorcycle sales/service-[41].
(36) Boat sales/service-j40].
(37) Recreation vehicle sales/service- [38].
(38) Vehicle rental-[47].
(39) Upholstery shop-[42].
(40) Parking structure-jn/a].
(41) Personal-[29]/business services- [14J.
(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-[15].
(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-[33J.
(50) Manufacture, assembly, repair or storage of electrical and electronic products,
components, or equipment-[33J.
(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. 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-[33J.
[ J 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 daycare center provided that:
(a) Forty (40) square feet of indoor floor area (excluding halls and bathrooms) is provided
per child in azeas 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 cotzditions, hazardous 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 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
hazazdous 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 substances, and the physical and health hazazds 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 minunum 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:
(1) Maximum building height: one hundred fifty feet (150').
(G) Parking Requirements: See section 4-2 of this ordinance.
(I~ Signs: See section 4-3 of this ordinance.
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider, City Clerk Address: City Hall- 50 W. 13 St Telephone: 589-4121
ORDINANCE NO. 07
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT THE END OF SEIPPEL
COURT FROM CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT TO
LI L1GHT 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 CS Commercial Service and Wholesale District to LI Light Industrial
District, to wit:
Lot 9 Seippel Road Commercial Park, 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