Text Amendment Biofuels Prduction StandardsPlanning Services Department
City Hall
50 West 13~ Street
Dubuque, IA 52001-4864
(563) 589-4210 phone
(563) 589-4221 fax
(563) 690-6678 TDD
planningQcityof dubuque.org
f'EC'FI~,/ED
07 APR I I AM 7: 4 8
City ~iLri~,'s Cfifiice
Dubuque, IA
THE CITY OF
DuB E
Masterpiece on the Mississippi
April 9, 2007
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13"' Street
Dubuque IA 52001
Applicant: City of Dubuque
Description: To amend Section 3-5.5 of the Zoning Ordinance, Planned Unit Development,
establishing standards for biofuels production facilities.
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
Staff reviewed the proposed changes to the PUD District that establish criteria for the review of
biofuels production facilities and require submittal of construction plans for review of the City
Council. Staff noted the moratorium on development of these facilities expires on May 1, 2007.
There were no public comments.
The Zoning Advisory Commission discussed the request, noting that the proposed changes are
appropriate in light of potential impacts to surrounding property that can be created by biofuels
production facilities.
Recommendation
By a vote of 5 to 0 the Zoning Advisory Commission recommends that the City Council
approved the request.
A simple majority vote is needed for the City Council to approve the request.
R//espectfully~s_ubpmitted,
Eugene Bird Jr., Chairperson
Zoning Advisory Commission
Attachments
Cc David Heiar, Economic Development Director
Service People Integrity Responsibility Innovation
THE CITY OF
DUB E
~~.~
PLANNING APPLICATION FORM
^Variance ^Rezoning ^Simple Site Plan
^Conditional Use Permit ^Planned District ^Minor Site Plan
^Appeal ^Preliminary Plat ^Major Site Plan
^Special Exception ^Minor Final Plat ^Major Final Plat
^Limited Setback Waiver Text Amendment ^Simple Subdivision
Please type or print legibly in ink
City of Dubuque
Planning Services Department
Dubuque, IA 52001-4864
Phone:563-589-4210
Fax: 563-589-4221
^Annexataon
^Temporary Use Permit
^Certificate of Economic Non-Viability
^t:ertificate of Appropriateness
^Other:
Property owner(s): N/A Phone:
Address:
City:
Fax Number: Mobile/Cellular Number:
State• Zip:
Applicant/Agent: City of Dubuque Phone: 589-4210
Address: City Hall - 50 W. 13~' Street City: Dubuque State: IA Zip: 52001
Fax Number: 589-4221 Mobile/Cellular Number:
Site location/address: N/A
Existing zoning: N/A Proposed zoning: N A Historic District: N A Landmark: N A
Legal Description (Bidwell parcel ID# or lot number/block number/subdivision): N/A
Total property (lot) area (square feet or acres): N/A
Describe proposal and reason necessary (attach a letter of explanation, if needed): Amend Section
3-5.5 Planned Unit Development District to establish standards for biofuels production
facilities.
CERTIFICATION: I/we, the undersigned, do hereby certify that:
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 additional required written and graphic materials are attached.
Property Owner(s): Date:
~( Applicant/Agent: ~~ Date: ~ '~~ ~
FOR OFFICE USE ONLY -APPLICATIONS ITTAL CHECKLIST
Fee: ,~~~ Received by: ~ mate: 'ZG'~ 7 Docket:
^ Site/sketch plan ^ Conceptual De elopment Plan ^Photo ^ Plat
^ Improvement plans ^ Design review project description ^ Floor plan ^ Other:
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: 5894121
ORDINANCE NO. 19-07
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING NEW
LANGUAGE ESTABLISHING STANDARDS FOR BIOFUELS PRODUCTION
FACILITIES TO THE PLANNED UNIT DEVELOPMENT 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 adding a new Section 3-5.5 (D)(6) which
establishes standards for Biofuels Production Facilities. as follows:
3-5.5(D)(6) Standards for Biofuels Production Facilities. Prior to the
commencement of construction of any biofuels (including, but not limited
to, ethanol and biodiesel) production facility, the applicant shall submit
plans for construction for review by the City Council. The applicant shall
not commence any such construction unless the City Council determines
that the plan complies with the following standards intended to protect the
health, safety, and general welfare of the residents of Dubuque:
a) A traffic impact analysis shall be provided by the applicant
b) Access to the facility shall be paved.
c) The applicant shall provide documentation sufficient to demonstrate
that the paving of public right-of-way between the facility and
designated truck route(s) is sufficient to carry, without damage to the
roadway, the weight, size and frequency of the loads of grain and
liquid and any by-product entering or leaving the facility by truck.
Ordinance No. -07 Page 2
d) If the public right-of-way is not capable of carrying the weight, size
and frequency of said loads, then the applicant may be required to
make upgrades to the paving in order for the pavement to handle the
weight, size and frequency of said loads.
e) The applicant shall acquire sufficient right-of-way and construct all
turning lanes and traffic signals necessary to handle the increase in
truck traffic.
f) The applicant shall attest in writing that the facility shall be operated
and maintained in compliance with all applicable federal and state
environmental standards and regulations.
g) The applicant shall provide a dimensioned map that indicates the
dispersal of steam, smoke, or other. discharge from the facility based
on the prevailing winds, and describe what air pollution .control
equipment will be provided. Biomass and natural gas-fired facilities
are preferred to coal-fired facilities.
h) The applicant shall provide a dimensioned site lighting plan
indicating proposed illumination patterns and light levels on the
facility site and in the environs surrounding the site. Illumination of
parking and other onsite facilities shall be controlled by cut-off style
luminaries that reduce off-site spillover of light. Illumination at the
property line shall not exceed approximately one footcandle.
i) All fuel storage tanks shall be located in a manner that will not allow
for contamination of any groundwater or surface water.
j) All fuel storage tanks shall be within an impermeable containment
levee system, in a manner compliant with all federal, state, and local
rules and regulations.
Any conflict between these standards and the PUD Ordinance shall be
resolved in favor of the stricter standard.
Section 2. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Ordinance No. -07
Page 3
Section 3. This ordinance shall take effect immediately upon publication, as
provided by law.
Passed, approved and adopted this 16th day of April 2007.
Roy D. Buol ,Mayor
Attest:
Jeanne F. Schneider, City Clerk
THE CTIY OF
DuB E
~„~.~-~
MEMORANDUM
March 22, 2007
TO: Zoning Advisory Commission
FROM: Laura Carstens, Planning Services Manager
SUBJECT: Interim Standards for Biofuels Production Facilities
Introduction
This memorandum transmits a text amendment to the PUD Planned Unit Development
District section of the Zoning Ordinance for biofuels production facilities.
Background
The City has hired JEO Consulting to assist with updating the Zoning and Subdivision
Ordinances, and then combining them with the Historic Preservation Ordinance and City
sign regulations into a Unified Development Code (UDC).
As part of the process for creating the UDC, the City Council asked JEO to Review
options for siting and construction of ethanol and biodiesel plants with respect to
potential issues of aesthetics, odor and noise. While this evaluation is underway, we
have developed interim standards for biofuels production facilities on a fast track.
These proposed regulations were developed with input from GDDC and Economic
Development Department staff. They also have been reviewed with the UDC Citizen
Advisory Committee.
There is a permit moratorium on biofuels production facilities that expires on May 1St
Discussion
We are recommending that PUD zoning be required for biofuels production facilities.
These facilities require large land areas (15-30 acres), as well as highway, rail and even
barge access. These uses generate a lot of truck traffic, both for grain and other
biomass products delivered to the facilities as well as taking biofuel products off site.
Consequently, Planning Services Staff is recommending the following special conditions
would apply to biofuels production facilities.
a) A traffic impact analysis shall be provided by the applicant.
Interim Standards for Biofuels Production Facilities
Page 2
b) Access to the facility shall be paved.
c) The applicant shall provide documentation sufficient to demonstrate that the
paving of public right-of-way between the facility and designated truck route(s) is
sufficient to carry, without damage to the roadway, the weight, size and
frequency of the loads of grain and liquid and any by-product entering or leaving
the facility by truck.
d) If the public right-of-way is not capable of carrying the weight, size and frequency
of said loads, then the applicant may be required to make upgrades to the paving
in order for the pavement to handle the weight, size and frequency of said loads.
e) The applicant shall acquire sufficient right-of-way and construct all taming lanes
and traffic signals necessary to handle the increase in truck traffic.
f) The applicant shall attest in writing that the facility shall be operated and
maintained in compliance with all applicable federal and state environmental
standards and regulations.
g) The applicant shall provide a dimensioned map that indicates the dispersal of
steam, smoke, or other discharge from the facility based on the prevailing winds,
and describe what air pollution control equipment will be provided. Biomass and
natural gas fired facilities are preferred to coal-fired facilities.
h) The applicant shall provide a dimensioned site lighting plan indicating proposed
illumination patterns and light levels on the facility site and in the environs
surrounding the site. Illumination of parking and other onsite facilities shall be
controlled by cut-off style luminaries that reduce ofF site spillover of Hght.
Illumination at the property line shall not exceed approximately one footcandle.
i) All fuel storage tanks shall be located in a manner that will not allow for
contamination of any groundwater or surface water.
j) Atl fuel storage tanks shall be within an impem~eable containment levee system,
in a manner compliant with all federal, state, and local rules and regulations.
Recommendation
Staff recommends that the Zoning Advisory Commission recommend approval of the
interim standards for bivfuels production facilities.
The Zoning Advisory Commission will have an opportunity to review final design
standards for biofuels production facilities later in the UDC process.
Enclosures
Addition of new section 3-5.5 (D) (6)
3-5.5 Planned Unit Development District (PUD)
(D) Development Regulations
(6) Standards for Biofuels Production Facilities. Prior to the commencement of
construction of any biofuels (including ethanol and biodiesel) production facility, the
applicant shall submit plans for construction for review by the City Council. The
applicant shall not commence any such construction unless the City Council determines
that the plan complies with the following standards intended to protect the health,
safety, and general welfare of the residents of Dubuque:
a) A traffic impact analysis shall be provided by the applicant.
b) Access to the facility shall be paved.
c) The applicant shall provide documentation sufficient to demonstrate that the
paving of public right-of-way between the facility and designated truck route(s) is
sufficient to carry, without damage to the roadway, the weight, size and
frequency of the loads of grain and liquid and any by-product entering or leaving
the facility by truck.
d) If the public right-of-way is not capable of carrying the weight, size and frequency
of said loads, then the applicant may be required to make upgrades to the paving
in order for the pavement to handle the weight, size and frequency of said loads.
e) The applicant shall acquire sufficient right-of-way and construct all turning lanes
and traffic signals necessary to handle the increase in truck traffic.
f) The applicant shall attest in writing that the facility shall be operated and
maintained in compliance with all applicable federal and state environmental
standards and regulations.
g) The applicant shall provide a dimensioned map that indicates the dispersal of
steam, smoke, or other discharge from the facility based on the prevailing winds.
h) The applicant shall provide a dimensioned site lighting plan indicating proposed
illumination patterns and light levels on the facility site and in the environs
surrounding the site.
i) All fuel storage tanks shall be located in a manner that will not allow for
contamination of any groundwater or surface water.
j) All fuel storage tanks shall be within an impermeable containment levee system,
in a manner compliant with all federal, state, and local rules and regulations.
Any conflict between these standards and the PUD Ordinance shall be resolved in favor
of the stricter standard.