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Rezoning 8005 Seippel Ct Rezoning_LammersPlanning Services Department City Hall 50 West 13~ Street Dubuque, IA 52001-4864 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD planning@cityof dub uque.org THE CITY OF DUB E Masterpiece on the Mississippi May 10, 2007 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 Applicant: Brian Lammers, Tri-State Development LLC Location: 8005 Seippel Court Description: To rezone property from R-2 Two-Family Residential District to CS Commercial Service & Wholesale 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's representative Brian Kane, spoke in favor of the request, reviewing the history of the zoning request for the subject property, proposed conditions to be attached to the rezoning request and discussions with neighboring property owners. Staff reviewed past rezoning/subdivision requests and reviewed with the Commission that proposed condition to restrict current and future owners of the subject parcel from requesting a rezoning is not allowed by Iowa law which requires that property owners have the right to request a rezoning. There was one speaker who expressed concern that the conditions attached to the Memorandum of Agreement would be recorded. The Zoning Advisory Commission discussed the request and the potential too incorporate the Memorandum of Agreement into any zoning approval. Recommendation By a vote of 5 to 0 the Zoning Advisory Commission recommends that the City Council approve the request, subject to the following conditions: 1) A rear yard setback of 20% of the lot depth be applied to the north property line of the parcel; and 2) that the following uses shall be prohibited on the subject parcel: The Honorable Mayor and City Council Members 8005 Seippel Ct. Page 2 • auto repair/body shop • truck sales/service repair • freight transfer facilities • fuel/ice dealers and manufacturing • engine/motor sales, service and repair • refrigerator equipment and supply, sales and service • animal hospital/clinic and kennels A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, Eugene Bird Jr., Chairperson Zoning Advisory Commission F:\USERSU(munsonlWP\City Council\CC 05_21_07\8005 Seippel Ct Rezoning\8005 Seippel Ct Rezoning 05_02_07 cc.ltr.doc Prepared by: Laura Carstens. City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210 ftetum to: Jeanne Schneider. City Clerk Address: City Hall- 50 W. 13 St Telephone: 589-4121 ORDINANCE NO. 23-07 AN ORDINANCE AMENDING ARP~ENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES 8Y RECLASSIFYING HEREINAFTER DESCRIBED flROPEftTY LOCATED AT 800v SEIPPEL COURT FROM R-2 TWO-FAMILY RESIDENTIAL DISTRICT TO CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT, WITH CONDITIONS. NOW, THEREFORE, BE IT ORDAINED 8Y THE CITY COUNCIL Of THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of tfie City of Dubuque Code of Ordinances is fiereby amended ~y reclassifying the her~einafter~iescribed property from R-2 Two-Family Residential District to CS Commercial Service and Wholesale District, with conditions, #o wit: Lot 1 Seippel Road Commercial Park, Plat 2, 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 21st day of May, 2007. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Assisant City Clerk ~:HJSEl2S4tmunson\WP~ity CouncillCC 05 21_0718005 Seippel Ct Rezoning (Lammers)~E005 Seippel Ct Rezoning Ord '05 21 t37 doc 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 Seippel Road Commercial Park, Plat 2, 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) A rear yard setback of 20% lot depth be applied to the north property line of the parcel. 2) That the following uses shall be prohibited on the subject parcel: • auto repair/body shop • truck sales/service repair • freight transfer facilities • fuel/ice dealers and manufacturing • engine/motor sales, service and repair • refrigerator equipment and supply, sales and service • animal hospital/clinic and kennels B) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the R-2 Two-Family Residential 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. -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. F:\USERS\Kmunson\WP\City Counci~CC 05_21_07\8005 Seippel Ct Rezoning (Lammersr8005 Seippel Ct Rezoning Ord 05_21_07.doc ACCEPTANCE OF ORDINANCE NO. 23-07 I, Brian Lammers, representing Tri-State Development, property owner, having read the terms and conditions of the foregoing Ordinance No. - 07 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 21st day of May, 2007. By: Brian Lammers F:\USERSU(munson\WP\City Counci~CC 05_21_07\8005 Seippel Ct Rezoning {l.ammersj~8005 Seippel Ct Rezoning Ord 05 21_07.doc TtIL' Cr1Y OP °~:~,~~ PLANNING APPLICATION FORM Gty of Dubuque Planning Services Department Dubuque, IA 52001-4864 Phone:563-589-4210 Fax: 563-589~F221 ^ Variance ^Conditional Use Permit emning Planned District ^Simple Site Plan ^Minor Site Plan ^Annexation ^Temporary Use Permit ' ^gpp~l ^Preliminary Plat ^ Major Site Plan ity ^Certifi~te of Ec~nomiC Non-vatMl ^Special Exception ^Minor Real Plat ^ Major Final Plat i i ^Certificate of Appropriateness ^Other: ^Limited Setback Waiver ^Text Amendment on s ^Simple Subdiv plea tvoe or print legibly in in property owner(s): "Ti`•~ - 5~~--e_ ~ eu e1_c~D,fr~,_~Phone: 5 S ~- ~ ~,~ C~:~ A,ddre.5s• a, 55c f~~x ~Cc~, ~~ ~ ~ Gty: ,~~x-L,~.~ State• ~~- gyp; ~"~~~~ Fax Number: j~o?) - ~~~--~f33~-/ Mobile/Cellular Number: S ~ - 59q- X38 P ,4ppli~~q~; 7R + - ~~-~ _ _-- ~r4~ ~ ~~ ~~ (~ ~r,,rv,~, s Phone: ~~ Address' ~~~t ~ `Cr ca-~;`~~, X1'1 ~ 1 ` ~~ , Gty: ~ ~. State: $_ Tip: c"• 0~ Fax Number: Si~'~- 5 8'3 -~ 3 3`7 Mobile/Celluiar Number: J`~ ~ ~- ~J `~~ ` ~3 3 ~~ Site location/address: ~~ ~ Q<~ e~ n ~~ ± . c-. ~~~. u e ~ -~~- ~ aav.3 .- Existing zoning: ~- _ Proposed zoning: C c Hisfioric District: Landn'~ark: legal Description (Sldwell parcel ID#. or lot number/block number/subdivision): ~O~ ~ SQ7oPe1 c~ ~/V~Jh~d`C~a1 ~rz('-k ~~- a i Total property (lot) area (square feet or aQess): ~~ ~ Qc~'eS Desalts proposal and reason necessary (attach a letter of explanation, if needed): 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 beoorr>es public reaxd; ~. Fees are not refundable and payment does not guarantee approval; and ~. All additional required ritten and graphic materials are attadied. I Property Ovuner(s): Date: ~ ~?- o? ~ - ~ ? Applic~rrt/Agent: . - Date: ~~- a /~ - d~ ~- fFOR OFFICE U`SE~,LY - Pf1.ICATION SUBMITTAL HECKiLIST Fee• 3 ~ Received by: ~` U^~ Date' a Dodcet• OSibe/sketch plan ^Coneeptual Development Plan ^Photo ^Improvement plans ]Design nview project de~saiption ^Floor plan ^Plat ^Other: ~ ~ 4 o LI R- a ~, ~ ~ ~ .... Q Hlc R-1 CS N m_ -o m LI AG Base Map Provided by Dubuque County GIS THE CITY OF DUB E ~~ N ~~ Vicinity Map Applicant: Brian Lammers, Tri-State Develop- ment LLC ' Location: 8005 Seippel Court Description: To rezone property from R-2 Two- Family Residential District to CS Commercial Service & Wholesale District. Proposed Area to be Rezoned r~~~a~ Zoning Boundary -~-~ Vcinity Maps1ZAC~8005 Seippel Ct. APR/03/2007/TUE 10:38 AM KANE NORBY & REDDICK FAX X0,563 582 5312 P. 002 Sulen4: ~~ a+ y' 4.0 7 ZAG. ~lce~'n~ {. PRESENTATION RE: SBIPPEL RD. RB-ZONING INTRODUCTION Tri-State Development is here to request re-zoning for Lot 1 of Seippel Road Commercial Park, plat 2, which is also known as 8005 Seippel Court Commercial Pazk. The subject property is an approximately 1.542 acre parcel with approximately 159 feet of frontage along Seippel Road and 212 feet of frontage along Seippel Court. The lot has been rough graded and is relatively level. At the present tune, the lot is zoned R-2 for multi-family residential purposes. We are requesting that the Iot be re-zoned as CS for cobaxnercial service and wholesale purposes. The R-2 district is intended to provide residential areas characterized bysingle-family and two-family dwellings. At the present time, this zoning is inconsistent with the overall character of the area. For this reason, we feel that CS zoning would be far more appropriate, and ask you to change the classification. 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 are primarily characterized by large storage space requirements, high volupae truck traffic and low volurne customer traffic. Special emphasis shall be placed on selection of areas 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. It should be noted that the primary reason that the property in question was zoned residential was to accommodate Mason Cates, who previously owned the lot directly iaorth of the property in question and wanted the area zoned residential. We now own dais property, and because of this, the residential zoning granted to the area is no longer needed for its initial purpose. It is o~ contention that changing the zoning from R-2 to CS will not be a dramatic one, as the area is presently characterized by many features of CS zoning. CS zoning will not significantly alter the character of the neighborhood, as the following points indicate. VEHICLE TRIPS One of the primary concerns in changing the zoning in any drstrict is traffic. Right now, the subject property sees about 1,450 vehicle trips per day in its current R-2 zonuing (2005 Zowa DOT traffic count). If changed to CS, it is estimated that this number will increase to between 1,450 and 1,520 vehicle trips per day, based on the numbers estimated for other CS property in khe suzrounding azea. This change, if indeed there is a chaage, is not a significant one, as the area is already well-adjusted to this moderate number of vehicle trips per day, and even if the nuraabcr of vehicle trips falls at the high end of the estimate, it still amounts to only around six additional vehicle trips per hour, if the businesses in questioa aze open from 6:00 a.m. and 6:00 p.m. on weekdays. ~ , WATER AND PUBLIC UTILITIES Based on there-zoning staffreport, there is currently city water available to the lot for the proposed development. Changing the zoning will only impact the axnouat of water needed to service the site. There is no existing sanitary sewer at this time; however, an adjacent To Zoning Board: 2/26/2007 We wish to rezone this property to from Res. to CS. This property was zoned residential to act as a buffer for the existing house which we now own. This property is actually part of an already existing commercial park. i ~.'/ Brian ammers/VP Tri-State Dev. Co. APR/03/2007/TUE 10:38 AM KANE NOI~BY & REDDICK FAX No, 563 582 5312 P. 003 development may be bringing city sewer service to a nearby lot to the west. ENVIRONMENT There is no evidence indicating that a zoning change would result inn atxy negative impact on the environrnent in the area. The uses allowed in CS districts are generally not ones that contaminate real estate. A11 storrrzwater runoff and city water detention regulations shall be complied with. ADJACENT PROPERTIES Perhaps the primary factor that favors reclassifying the properly as CS is the adjacent and surrounding properties. The surrounding areas are predominantly either CS, LI, or Hl with , conditions. The limited number of residences in the area will not be affected by a change in zoning, as the area is already accustomed to the uses of a CS district. As aforementioned, the traffic will not be increasing by azxy significant, amount. Concerns about noise or pollution are really not an issue because the area already expeziences the typical CS effects on a daily basis, with industrial effects also impinging on the property. Fturthermore, CS activities, while certainly more intense than residential, are not known to be particularly productive of noise and pollution, especially when compared to either type of industrial district. .CONCLUSION This lot in Seippel Road Corcumercial Park area is best suited for CS zoning. The surrounding azea is lazgely CS zoned at the present tune, and the limited impact that a change from R-2 to CS would have on this particular piece of property makes a change to CS the most beneficial one that can be~made for the area. This is a,good transition classification foz this area; as it will allow it to undergo the change with little di~#£iculty by adapting it to its surroundings in a .way that will not otherwise disturb the existing neighborhood. Prepared by: SCHNEIDER Land Surveying and Planning, Inc. P.0.8ox 128 Farley, Iowa 52046 Ph8r563-744-3631 F I N A L_ PLAT NE CORNER SEC.36, T89N, RiE SETPPEL ROAD COMMERCIAL PAF~I<, PL FOUND REBAR CITY OF DUBUQUE, DUBUQUE COUNTY, IpWA, "/ CAF ,µ332i A SUED- TSION OF LOTS i, 2, 3, 4, 5, 6, 7 AND 8 OF SETPPEL ROAD COMMERCIAL I<, CTTY OF DUBUQUE, DUBUDUE COUNTY, IOWA. o L AREA LOT 3 LLo~ ~ MEAD0Y1 ACRES A MEADOW ACRES zm w 5 '" m ` MEADOW ACRES ~ a )UND LOT 'A' SEIPPEL FlOAO FOUND R.O.W. LOT 6 w,.., p 1G COIAMERCIAL PARK RAIL - 0.49' MEADOW ACRES w o 1I~ SOUTH OF w - -~ THE CORNER lAT 7 m z _~ MEADOW ACRES 1 -~~ rNNm AEC. -' --- FOUND MAG 'o°O AS: S84'41'35" ~~ NAIL W/. ?Q NB9'27'03"E ~ OF MIGNWgy 582'51'13" E fiss 5s• "- . ~ WAShfER _ co ~ / 157.01 ' ~ -~~ E 696.55 • ~- ~ _ ~M 12642 Z •127.'49_0 O. BOR00 W. LINE S82 G1 •1A,E 5 -- ~ (TYP.) / 29.5!' .0 2.77• REC. AS: 33 08' L.AT a ~ w o Puellc 80.0 O 33.17•' S82'4g•38-~-- = ^ bT 5• EASEMENT rILITY ~ R -80 00 • 1.18.09 • E 0.461 327 v;,,LAT s ~ (SO') o ov .92, 2' ~ - I ACRES w ORES . 0 0.329 .^. LQ'r 7 w I ° 1 v ~ _ Lor 1 m o,; ACFlES 0.329 LOT r°.' ~ 1 ° FOUND i%2" " ° 1 ^ } ACRES QP0.324 ^LOT 9 r^, I m ~ REBAR w/ w~ L ~~ ^ ^ m • o ACFlE'S 0.329 ~ z O iv „~ ° + z° LOT 2 ? o ~" ACRES LOTI 10 ^ LOT 1 ~ ~. cAP rµ12642 J .,Q a, ~ LOT 3 • ~ 1 m ;" 0.529 w 0.403 .,m (TYP. ). ( p . 'Y^ 1 ° ~SANITA ~ °^ I ~ LOT 4 v ACRES in ACRES v NN° ~ LOT ESTATES aI ¢ N ~ _ 5.05' Z RY o ~- Z ~ ? MASON CATE 80.00.. SEWER o 1 Q m I n ;NN ° -1 3; (u ~'- i - 80, 00 • rn EASEMENT (30. p,., o ~ LOT 5 .+ NGiN 2 !11 m - _ ___-_ --SB2. 1'13 _ BO.00' 80 o I~f z° _- r`--1 ---- o Nao P.O.B. I 0- t"u z _ _ ~ _ E - 404'p6'~ i 80.00' z°80. i ~ - ~~N LOTCOROFR- MASON M m UO' CATE ESTATES o i Ia<w SEWF TING SAN, _ ` 1- ~--.~- I S82 •5113:- 1 4.30' m FOUND i/2'REBAR I U) o ~-xW~ (70 E VASEMEN7 SET 1/2" ~ --+ - _ __E 23.os N w/ CAP X12642 0 ] _ Izzvlw CATEp) ~ 40.0 N col<a.co REBAR W/ - -- -I- _ _ _ 9} ~ AS• S84 vrow'-~ PUBLIC UTILITY YELLOW CAP Q REC, ' ~N~ao EASEMENT (10• WIDE) *14417 (TYP.) N a - - -'S82'50'18•~52414777 H N ~`~X=~ ~ LOT 9 N N °' soo •07' S1 ` w~° 2.606 ACRES -"~ : LAT ~ w 9'56' 1DI rD n EXISTING N ~ -. 1.263 ACRES I_AT ~ PUBLIC UTILITY 35' I T s v 1.542 ACRES EASEMENT (35') ~ cm Lo Ch=104:43'' - -- -° z - 5A. B7' . LOT 7 c S5 31.32 6`W /~, S69'S6'39`W o ~~ I I D' 168'19'25' o~,~q.•~ ~ ° 0 2 EXISTING RA370.00' ~ A=55.00' 4 Puelrc , ... ~ C ~ EASEMENT TILITy ~.. 14'57'00` I A~161.58' o -...".-.----.,,,,,,_ '+ ~ .,.,~ 186.03- -~ (iD'f SB9'41' 12"W N82•g 99.71• ( / Lor •s• N82'g0• ~ `h'96.27' \~-SW CORNER 1 ,13•w 351.41 ' ~ o° ~ -,( ---1'~~, 18 4. I LOT B, SEIPPEL ROAD ~I \ y5 ot~' N82 •gp~ 0-'F'-SiRE~_T A= a CNMh1ERCIAL PARK, "' RP Se`W 44q,B7- '-~~ _ 14._21' I CITY OF DUBUQUE, ~~' ~ ~ ~-~.~ S~Z~pEL COU ~ - a 56 39 ' DUE3000E COUNTY, IOWA . ^I ~ -~ ~ -I ~ RT (6p • 1 ,2.01 • h FOUND 1/2"REBAR 3 _' -~ w/ CP,P ;µ 14417 ~I ~ FOUND 1/2=~ Y ° gSOpLANO FpOw I ~ `" REBAR W/ UTILITY EASE rEN -~ ~ a wa T 9 o OvE MErtT YELLOW CAP (SO •) m ~ nAD EASE 114417 (TYP.) m ~ '~ ,\ SEMER~IAL PAKK m~ ~ I rJfi9j56'50'W z m coM ip A~ 14 ' 13' 03' ~+ N • ~ \ ~ ~ 'LOT pOAD - R-400.00' IJ N cam i 0, \ SELPP~IAL PAPK A-99.2fi' .~ w I cOM aEP I a , ~- Q~ OT O N ~O so I I 9EIPPEIAL°P°RK ~ J\ I I COIAIAEpL I¢ o J r"~ GRAPHIC SCALE 1"=100' N a -'o' ~ ~ cn SURVEY DESCRIPTION: ~°\ SEE SHEET 2 0 100 200 300 I hereby certify that this land surveying document ryas SCHNEIQEF~ ROPRIETURS: pprepared and the related survey work Was performed RI-STATE REYELOPMENT, L.L.C. LANG by lee or under my d. r t personal supervision and that Land SurYeying /o BRIAt•I LAMMERS F.~ `SG I~.am~@ duly licen fe d Surveyor under the laws of 6 ~~`' 'pa+ tare st a of Iowa. Planning, Inc. SURVEY REOUE$TEU BY: v DAVID P. < ~ P.O. Box f28 'RI-STATE DEVELOPMENT, L.L.C. J SCHNEIDER ~°' ~ cr t Farley. Iowa 52046 :/o BRIAN LAhIMERS M14A17 > J ~o Phi 563-744-3631 2960 ENGLISH MILL ROAD y~`f ~ David P. Schneider P.L.S. ,µ1A417 ate: Fax 563-744-3629 lUBUOUE, IOWA 52003 My license renewal date is December 31, 2007. Pro ect:BBiFP 'h. 563-557-.3820, IOWP Date: 5/1/2006 r Pages or sheets covered by this seal: THIS SfiEET ONLY Sheet: 1 of 6 . /~ .~ ~11~~ ~,... A,n~nl: Parcels Dimensions ~ f Roads Railroads ~yf Streams D Rivers and Lakes Aerial Ptroto 2006 Resolution i : varion systen DISCLAIMER All in}ormation is believed accurate t without enor. This map and its under used as a general index to land relat intended for detailed, site-specific an Printed: 04/032007 11:32:59 AM Dubuque GIS Mapping MEMORANDUM OF AGREEMENT Pursuant to Iowa Code Section 414.5 (2005), and as an express condition of the rezoning of the property described as: Lot 1 of Seippel Road Commercial Park, Plat 2 in the City of Dubuque, Dubuque County, Iowa., (the "Real Estate") which is the subject of Ordinance No. -07, copy of which is attached hereto and incorporated herein by this reference, the undersigned property owner agrees 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 Real Estate be limited to those of the CS District pursuant to the zoning ordinances of the City of Dubuque, Iowa. (2) That the undersigned owner (or any entity in which the undersigned owner or its members own a controlling interest), agrees not to seek rezoning for the real estate legally described as: Lot 1 of Mason Cate Estates, in Section 36, Center Township, Dubuque County, Iowa, according to the recorded plat thereof. The undersigned agrees to record a restrictive covenant, if the City approves of the rezoning of the Real Estate, with regard to Lot of Mason Cate Estates, in Section 36, Center Township, Dubuque County, Iowa, according to the recorded plat thereof, in the form attached hereto and by this reference made a part hereof. (3) That, subject to the platting and subdivision ordinances of the City of Dubuque, Iowa, the Real Estate shall be "squared off' as ver Exhibit "A"attached hereto and by this reference made ~ ~a~ hereof ~- undersigned agrees not to build any building on phis 50' "CS" buffer area. B. Reclassification ofthe Real Estate. The City of Dubuque, Iowa may ~~utiate zoning reclassification proceedings for the Real Estate to the R-2 District (which rezoning may 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 as zoning reclassification and shall be subject to the provisions of the zoning ordinance governing rezoning classifications. 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. -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. TRI-STATE DEVELOPMENT COMPANY OF DUBUQUE, INC. By Its authorized representative G:\WPDOCSWngie\DOCS\Tri-State Development Memorandum of Agreement.wpd Parcels Dimensions lti/ Roads ~.,h Railroads f,/ Streams D Rivers and Lakes Aerial Photo 2006 Resolution `; ~Jafl()n SyS$~i1 DISCL4IMER All information is believed accurate t without error This map and its under used as a general index to land relat intended for detaileQ site-specific an Printed: 04/0312007 11:32:59 AM -- - ~K) >,,~~ ~,~ ~tir~,~,CY ~~~ti r~ ;7-~- C "S Dubuque GIS NEapping ,_ -~--__ U f ~~"_ ~\ .,. ~ 'C~' t~ G REZONING STAFF REPORT Zoning Agenda: April 4, 2007 Property Address: 8005 Seippel Court Property Owner: Tri-State Development, LLC Applicant: Same Proposed Land Use: Commercial Service Existing Land Use: Vacant Proposed Zoning: CS Existing Zoning: R-2 Adjacent Land Use: North -Residential Adjacent Zoning: North -County R-1 East -Vacant East - R-1 South -Vacant South - CS West -Vacant West - CS Former Zoning: 1934 -County AG Total Area: 1.6 acres 1975 -County AG 1985 -County M-1 w/conditions Property History: The property was vacant or under agricultural production until its annexation in 2003. Subsequently, the property has been rezoned to R-2 Two-Family Residential District subdivided and rough graded. Physical Characteristics: The subject property is an approximately 1.6 acre parcel with approximately 205 feet of frontage along Seippel Road and 315 feet of frontage along Seippel Court. The lot has been rough graded and is relatively level. Concurrence with Comprehensive Plan: The subject request involves the Comprehensive Plans Land Use Elements 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 and is adequate to serve the proposed development. City sanitary sewer is not available to the site or the adjacent commercial service and residential development to the north and west. The developer of this subdivision is working with the City of Dubuque to facilitate extension of City sewer service to this area. Traffic Patterns/Counts: Iowa DOT 2005 traffic counts indicate 1,450 average daily vehicle trips along Old Highway Road west of its intersection with Seippel Road Rezoning Staff Report - 8005 Seippel Court Page 2 and 1,520 average daily vehicle trips 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 the current R-2 Two-Family Residential development to CS Commercial Service will place a potentially intense commercial use directly adjacent to a residentially zoned property across Seippel Road. The subject property is also directly adjacent to asingle-family residence at 12653 Old Highway Road. This property, however, is owned by the applicant and is also proposed to be rezoned to CS Commercial Service District. The subject property also has approximately 70 feet of adjacency with the R-2 zoned property at 8110 and 8100 Old Highway Road. CIP Investments: None proposed. Staff Analysis: The applicant is requesting to rezone the subject parcel from R-2 Two- Famity Residential district to CS Commercial Service and Wholesale district. The applicant is also requesting to annex and rezone the property immediately north of the subject parcel on a separate request from County R-1 to CS. The subject parcel is approximately 1.6 acres in area with frontage along both Seippel Road and Seippel Court. The subject property is part of the Seippel Court Commercial Subdivision, with five additional lots that are zoned CS located to the west and south. The subject property is located across Seippel Road from a large former agricultural field that has been preliminary graded and is zoned R-1 Single-Family Residential. It is also kiddy- corner across Seippel Road from 7990 Old Highway Road which is also zoned residential and accommodates asingle-family residence. The property shares approximately 70 feet of adjacency with 8100 and 8110 Old Highway Road, which is an R-2 Two-Family Residential zoned lot. The subject property was originally zoned R-2 to buffer the adjacent residential properties from the commercial activity on Seippel Court. The applicant has purchased the former Mahon Cate residence at 12653 Old Highway Road and is also asking to rezone the property to CS. However, there will still be a direct adjacency to both R-Z zoned property along Old highway Road and R-1 property located across Seippel Road. 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 - 8005 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 R-2 Two-Family Residential Zoning District regulations are attached to this staff report. The CS District has 42 permitted uses. These uses included vehicle services, contractor shops, wholesale sales, small engine repair and landscaping. Processing and assembly is also permitted in the CS District. The R-2 District is limited to single and two-family residences. Staff recommends the commission review the criteria established in Section 6-1.1 of the Zoning Ordinance regarding granting a rezoning. Prepared by: Reviewed: Date: 3.2'4 - a'7 Attachments: CS & R-2 Regulations SECTION 3. DISTRICT REGULATIONS 3.1. Residential Districts: 3-1.2. R-2 Two-Family Residential District: (A) General Purpose And Description: The R-2 district is intended to provide residential areas chazacterized by single-family and two-family dwellings. Increased densities and introduction oftwo-family housing types aze intended to provide greater housing options while maintaining the basic qualities of a low density residential neighborhood. (B) Principal Permitted Uses: The following uses shall be permitted in the R-2 district: (1) Single-family detached dwellings- [l lJ. (2) Two-family dwelling (duplex)-[11]. (3) Townhouses (maximum 2 dwelling units)-[11]. (4) Churches, convents and monasteries-[7J. (5) Cemeteries, mausoleums, columbariums-[47J. (~ Public and private/pazochial schools approved by Iowa state boazd of public instruction (7) Public or private pazks, golf courses, or similaz natural recreation azeas- [47]. (8) Railroads and public or quasi-public utilities including substations-[47]. (9) Noncommercial nurseries and gazdens-[n/a]. [ ] 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) Attached gazages. (2) Detached gazages. (3) Noncommercial greenhouses. (4) Solaz collectors. (5) Wind generators. (~ Satellite receiving dishes..... . .(7) Storage buildings.: . (8) Readily movable sports, recreation, or outdoor cooking equipment.. (9) Tennis courts, swimming pools and similaz permanent facilities. (10) Home occupations. (11) Noncommercial gardens and nurseries. (12) Off street parking and storage of vehicles. (13) Fences. (14) Garage sales or rummage sales provided that not more than three (3) such sales shall be allowed per premises per calendar year and not more than three (3) consecutive days per sale. (D) Conditional Uses; The following conditional uses are permitted in the R-2 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) Bed and breakfast home, provided that: (a) The structure is either regulated by the historic preservation ordinance or is listed on the national register of historic places; (b) The use is maintained within an owner occupied, single-family dwelling; (c) The structure has a minimum total floor area of four thousand five hundred (4,500) square feet, with not more than one sleeping room for each seven hundred fifty (750) square feet of floor area, with a maximum of five (5) sleeping rooms; (d) Signage shall be limited to one wall mounted sign not to exceed six (6) square feet in area, not internally illuminated, and with direct lighting only with sharp cut off luminance; (e) The permit shall not license the property for rental as a private club, museum, or tour home; and (fj Parking shall be provided at a rate of one space per guest room. The parking shall be provided on site or on a street frontage of the property, and should not intensify parking problems in the neighborhood. (2) Hospice, provided that: (a) The parking group requirements can be met-[2]. (b) Signs shall not be permitted. (3) Group daycare center provided that: (a) Forty (40) squaze feet of indoor floor area (excluding halls and bathrooms) is provided per child in areas occupied by cribs, thirty five (35) square feet of indoor area (ex~luding halls and bathrooms) is provided per child in azeas not occupied by cribs times the licensed capacity; and seventy five (75) squaze feet of fenced outdoor recreation space is provided per child using the space at a given time; (b) The parking group requirements can be met-[8]; (c) Such facility shall supply loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards; (d) All licenses have been issued or have been applied for awaiting the outcome of the board's decision; and (e) Signage shall be limited to one (1) nonilluminated, wall mounted sign not to exceed four .(4) square feet in area. (4) Off street parking of operable automobiles to serve a permitted or conditional use in an abutting office, commercial (except C-1 district), institutional district or adjacent to churches or schools only, provided that: (a) No structure other than a screening or security fence or wall shall be erected on the premises; (b) Signage shall be limited to one freestanding sign of no more than six (6) square feet in size per drive opening, identifying the pazking use, providing directions or mazking entrances and exits thereto; , (c) A site plan shall be submitted and approved as provided in section 4 of this ordinance. [ J Parking group-See section 4-2 of this ordinance. (E) Temporary Uses: The following uses shall be permitted as tmporazy uses in the R-2 district: (1) Building or trailer for storage of materials and/or equipment necessary for construction authorized by a valid building permit, provided the location of the building or trailer has been approved by the building official. (F) Bulk Regulations: Front. Yard Setbacks Lot Area In Square Lot Coverage Rear Yard Building R-2 DISTRICT Feet Frontage As % Side Yard Setback Height In BULK REGULATIONS x 1,000 In Feet Lot Area Min. Max. Setback % Depth Feet Permitted Uses Permitted Uses Single-family residential 5 50 40 20 50 6 20 30 Two-family residential 6 50 40 20 50 6 20 30 Townhouse (maxunum 2 DU) 3/DU 25/DU 40 20 50 610 20 30 Church 20 100 40 20 20 20 30 (see Section 2-5.10) Conditional Uses Hospice 6 50 40 20 6 20 30 Nursery schooUdaycaze 5 50 40 20 6 20 30 (G) Parking Requirements: See section 4-2 of this ordinance. (H} Signs: See section 4-3 of this ordinance. 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 characterized by large storage space requirements, high volume truck traffic and Iow volume customer traffic. Special emphasis shall be placed on selection of areas 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 azea 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-[47J. (2) General office-[14]. (3) Medical/dental lab-[8J. (4) Personal services-[14]. (5) Off-street pazking lot-[N/A]. (6) Furniture/home furnishing-[27J. (7) Appliance sales and service-[27J. (8) Furniture upholstery/repair-[18J. (9) Business services-[29]. (10) Office supply-[19]. (11.) Vending/game machines sales and service-[19J. (12) Mail-order houses-[23]. (13) Lumberyazds/building material sales-[19]. (14) Construction supplies, sales and service-[19]. (15) Printing/publishing-[32J. (16) Moving/storage facilities-[33]. (17) Auto service centers (TBA)-[34]. (18) Auto sales/service-[38J. (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-[40]. (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/yard-[33]. (30) Wholesale sales/distributor-[29]. (31) Freight~transfer facilities-[44]. (32) FueUice dealers and manufacturing-[33]. (33) Agricultural supply sales-[19]. (34) Processing or assembly-[33]. (35) Tool, die and pattern-making-[33]. (36) Miniwarehousing-[47]. (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-[29J. (41) Animal hospitaUclinic-[23]. (42) Kennel-[23J. [ ]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 are 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 reaz yard setbacks required. (G) Parking requirements. See Section 4-2 of this Ordinance. (I-~ Signs. See Section 4-3 of this Ordinance. THE CITY OF DUB E MEMORANDUM April 10, 2007 TO: Zoning Advisory Commission FROM: Guy Hemenway, Assistant Planner SUBJECT: Zoning History and Timeline for property at the corner of Old Highway Road and Seippel Road At the April 4, 2007 Zoning Advisory Commission meeting Commissioners asked staff to prepare a brief zoning history for Mr. Brian Lammers property located at the southwest corner of Old Highway and Seippel Roads. Outlined below is a brief history and timeline of the annexation, rezoning and platting of the 40 acre subject property. 1. November 1999: The Zoning Advisory Commission and City Council denied a rezoning request for 40 acres of property located in the County owned by Wayne Stewart. The request was to rezone the property from County R-1 and County M-2 with conditions to City MHI Modified Heavy Industrial and LI Light Industrial District in conjunction with annexation. 2. June 2001: The Zoning Advisory Commission and City Council approved a rezoning request for the eastern 20 acres of the subject property located in the County owned by Wayne Stewart. The request was to rezone the property from County R-1 to City R-1 in conjunction with annexation. 3. August 2002: The Zoning Advisory Commission and City Council denied a rezoning request for the eastern 20 acres of the subject property owned by Wayne Stewart. The request was to rezone the property from R-1 Single-Family Residential to CS Commercial Service and Wholesale District. 4. August 2002: The Zoning Advisory Commission and City Council denied the request to rezone the western 20 acres of the subject property located in the County owned by Wayne Stewart. The request was to rezone from County M-1 with conditions to City LI Light Industrial District in conjunction with annexation. 5. April 2003: The Zoning Advisory Commission approved the rezoning of the subject property owned by Wayne Stewart. The request was to rezone the Zoning History and Timeline for property at the corner of Old Highway Road and Seippel Road April 9, 2007 Page 2 western 20 acres of the subject property from County M-1 with conditions to City LI Light Industrial in conjunction with annexation. The request was also to rezone the eastern 20 acres of the subject property from R-1 Single-Family Residential to CS Commercial Service and Wholesale and R-2 Two-Family Residential, leaving an R-2 buffer along Old Highway Road and south and west of the Mason Cate property at the corner of Old Highway and Seippel Roads. The Zoning Advisory Commission recommended approval with the condition that the number of permitted uses in the CS district be reduced. The City Council approved the rezoning request waiving the condition recommended by the Commission. It was at this Zoning Advisory Commission meeting that Flint Drake, representing Mr. Stewart, stated that Mr. Stewart and the neighbors had reached a separate agreement regarding future development of a portion of the subject property. Please see the attached private development agreement, map and meeting minutes. 6. December 2003. The Zoning Advisory Commission approved a preliminary plat subdividing the eastern 20 acres of property to six lots. Lots 1 and 2 remained R-2 and Lots 3-6 remained CS. 7. December 2003. The Zoning Advisory Commission and City Council approved a request to rezone a small portion of the subject property from R-2 to CS and another small portion of the subject property from CS to R-2 to better reflect the replatting of the property and maintain the original intent of the R-2 buffer around the adjacent residential properties. 8. October 2005. The City Council approved the final plat of Seippel Road Commercial Park dividing the R-2 zoned property into six lots and the CS zoned property into six lots. This preliminary plat indicated a realigned Seippel Court, shifting it approximately 220 feet south of the Mason Cate property. 9. June 2006. The City Council approved the final plat of the subdivision. The plat subdivided the R-2 property along Old Highway Road reducing the lot size and increasing the lot number from the existing five lots to eight lots. 10.August 2006. The Zoning Advisory Commission and City Council approved the rezoning of a 50-foot strip of property along the south end of the R-2 lots along Old Highway Road from R-2 to CS. 11. January 2007: The Zoning Advisory Commission and City Council approved a request to rezone 12 acres located on the western side of the subject property owned by Wayne Stewart. The request was to rezone a portion of the subject property from LI Light Industrial to HI Heavy Industrial. The Commission recommended conditions including a buffer, screening and limited uses, hours of operation and building height. Zoning History and Timeline for property at the corner of Old Highway Road and Seippel Road April 9, 2007 Page 2 12. March 2007: The Zoning Advisory Commission denied a request to rezone 6 acres along the southern boundary of the subject property owned by Brian Lammers. The request was to rezone from Cs Commercial service and Wholesale district to LI Light Industrial district. Mr. Lammers subsequently asked the City Council to table his request. This property history is provided for your information. GH/mkr Pxpsca3 by Li. r I.nt DaJce, ~ enn, Nodey & RrcWick PC, 2i u0 Asbury Rofd, Suite Z, Uubuqu, 1.15200 L SG3: i81-790ii USE RESTRiCTIUI~ Rc: Real Estate Uescribcd as 7.one A and Zonc B on the Plat Attached Hrretn as 1/xhibit A as~d by this Reference Made a Part Iier+rof (the Real Estate} The undersigned, W.C. Stcti~~art Constr<tiction, lnc., is the owner of the shove described heal Estate. W.C. Stewart Construction, inc. covenants that the Real Estate shall not be used. for any use except those allowed by the now existing R-2 two family residential district zoning regulations for the City of llubuclue, Iowa. Specifically, use of the real estate tiha11 be restricted fxi the following principal permitted uses: 1. Single family detached dwellings; 2. Two family dwelling (duplex); 3. Townhouses; ~. Cht-rches, convents and monasteries; S. Cemeteries, mausoleums, and colum.bariurns; 6. Public and privatefpamchial schools approved by the Iowa State Board of" Public Instructic>n; 7. Public or private parks, golf courses, or similar natural recreation ar~:as; 8. Railroads and public or quasi-public utilities including sub-stations; and 9. Non-commercial nurseries and gardens, C1se of the Real Estate may also include any accessory uses to the above principal permitted uses; including, but not limited to, attached and detached garages. "this use restriction shall run with the land and bind the undersigned and any heirs, stu.cessors or assigns of the undersigned. W.C. STEWAR'f (;ONSTRUC'I'I4N, INC. By __. _~- - - - , Wayne C tcwart, President S'I'AT'f? Qty IOV4'A ) COUNTY UN uUBUQtIE } ss: ~~ _, 2Q03, before rnc, the undersigned, a Notary Public On this 1 ~ _ day of in and far the State of lows, personally appeared Wayne C.. Stewart, tv me personallyy known, who being by me duly sworn, diet say that he is the President of the eorpo~on; that aidginstrument was foregoing instrument; that no seal !~ been procured b} the c. rp sig,aed on behalf of the corporation by authnrit ns f~Bo ~ be ~ `a u~ntary sect and decd sof be acknn~nrledged the execution of the: forego g corporation, by it ~ by thew voluntarily executed. +~,~t~ ~batl~i b~1S9BM r,.~ ~~ - otary Public in sad for tl~ S#at Iuwa -2- ' ~ ~or,~,tQ.~: cy«+ S't,-t~ n..: ~ec~ b y : - l~e{+~ a t l? . Van -~:9 e,r- ~l •5.07 Bri:ut j. Kau {.iu! Yt. Vurby Brad J. L?e:kss4r Trxidt.. St^ecnson" A1arrBr~ls E'Lr3rs 17euiccu;, FCr<iu T. Drchir X11 acitniurd in t.~wa ~';li3c• adtuiueci u~ Iltiuois "6r1:sn sdmiirrd :n 1C~'iscon.sin Mr. 'Thomas R. t=alttigcr l ~l(i7 Uld 1-[igi~way Road r'eosta. IA 52(16$ z1rLr. Kevin Kut~ l~tlbt] C?ld Iiigllwa_y Raad 1?uhuquc, lA X2442 T'i14nc: {783) ?$? 79SQ l'acs~rnilc: i5h315R~-~',tZ E mail: IdrihaN~luu:ruorbvla:v.~vm ltc: VMi.C. Stetivart Construction, inc_ Propayed Devctopmt:nt Lh~u''1'otn find Kevin: After our recent telephone conversation with Torn. eve had ~m opparlunity to meet with Rir. Sic+~art and discu.~.ti same of tl~ neighbors' concerns. from the courcrsatiun ~•ith Tam ate un{-lcrstood that the tx;ighttior~ generally were plraseci wish the prapo5al but had the following tllrt:e C{1DCernS_ ]. r~s wz understand it the primary cc-ncern vra. that in the future Mir. S;e~.art ur ~i sub~yuent awnzr may came hfac:k heiare the 7,oning Commission and Council to seek rezoning ttit 7_onvs :'1 anti $ from rctiidenlial to a form t~f u~rnmen:ial xaning. As neighhcxs, ytTU r.>.~ere c{~ncrrned that you would express support Tur the propus:-1 at this time only to be 1<<c;ed with a rezoning fight again down the road: ?. You strol~ly prc[crrcd K-? rather than K-3 forLoncs A :uiti B, anal IfANL, NU.RBY & RL'DDICK, P.C. nrro>Z>vt:Ys 3100 AS131:ltY KCJAU, SU1TE 3 Uu~uc~ur.. ~~ ~zc©~ sae9 i?I i :eons: l: Louis l' l'hilrr i. You preferred that the commercial drive;=ay vthich, under the eai~tting plan cnte~rd fmn- C11d I lighwav load, enter instead from Seippel Raad. I~;1NF.., N4RBY & RFDDICK, P.~. Marsh 18. ?00 Pagz ~s noted. ~v;, have now had an opportunity to discuss your c;oix:erns -~ith lir. Ste`vari aatrl tt~discutitigassihlerevisinns#ntheplanwiththct:itn aflh~tn~gttePiannulgScr~zacsuflice. ~,Veattac;h a r~:rised plan l'ur _ynur reference. Please note die fallowing rc~isiotts #o the plan: 1. 'I'toe cnmmcrci:~l .tca~s ~ti~ill now be to Seippel Road and not C)td I-(igh~va;- ttaad. I"Itc dritewa}• ffi Old ! tit~htivay° 12aa11 'SArtll r(:IYlr'11II aIlly to pruVldC at:ccss lU 1hC rCSl(1Cntlal 70nB A. ?. F3ofh Zoste r'1 and Zone $ are requ~led to he re~~ttned to k =_ In ;addilic~n In mefdi fic.etions to tl]c plan,141r. Siccvart has aisU proposed tc~ r~onrd the ~n•iginal cf the g?ae I:rstrictic>n attached t<~ tta:s letter 7'hc Use ;:~strictian «c~ultl be re::orded when the „y,a. lccnl dc:scriplian t'orZuncs tti and $ has heen finali~~ed by the curve}lor. 'l'he Llse Restriction pror•iclc~ that 1.nnes A anei (~ can txvcr be used far any' use other than a~hai is currently atlm~ed in the R-2 drs-i~nalion. A reca~ied [Jse 12estrictian is actually mare: potit~:rlul Than a re•~uning reyurst in that it is a lonz t~•rn~ restrictian. In contrast, as you have Hated, a sitttple rezoniur wotdd allo~+ any 1'uturc owner to sock an additional rrwnin~ &utr R-2 to come mare dense or commercial use. ~~lje ~tiere plcastutlly surpriscxl that ui. ~~ere able to aeidress all three of }your concerFis successfully with (v1r. Stc~cart. It is our hope that, wish those revisions, many of those in the att. «ould be wi llin~ to ,inn a petition in favor of A4r. Step+ari's apglicai.iun and that at bast a fe~v of you would be willing to attend the April 2 caning commission meeting i~ spunk in support of thr applic~tian. t~'e believe that the pragnsal now pravides the ncigltbars nnaxitnum protection n;t;~trding residential use along Old Hi~;hr•ay Road ;Hid Seippel Raul. Ailer you have 11ad an opportunity to review #lte attached doctunent. gleise contact us ao tltut t~~e c;ni discuss thu gcru:rai r~acti+in li) the rrrisicin and your ~~illangness #o attend the tlpcil2 }tearing and spt`alc in factor aI the proposal. We lcxsk for4vard to hearing fmm yau. "1-hank yptt. B~'st regards. ~~ / ' r~l' i By •;' ~-• ~~-~~ D.lk{int I~rakc 7D1C: K~P. C. . , I . f. j DFD:meh F.nclctsure _._J_i _.: J..__... _ ~~ Minutes -Zoning Advisory Commission April 2, 2003. ; Page 3 Tn~'~~r+~.4~'~- Ilcgv.~s~ca by L l~ PIfBtIC HEA~IitIN~REZON]pG: Application of Wayrte Stewart~Flint Qrake~to rezone property orated at the souifiwest comer of Old Highway Road and Seippel Roast-from: R-1 Single-Family Residential District and County M-4c, to R-2 Two-family Residential District, R-3 Moderate Densi#y Muki-Family Residential District, CS Comcneraal Service and Wholesale District; and LI Light Industrial District, concurrent with annexation of the west 20 acres. Flint DralCe, attorney representing Wayne Stewart, outlined.- the proposed rezoning. configuration and sun:ounding land use. He stated that hehad=worked with the neighbors and the City. to tailor a plan ghat addresses both: Mr. Stewart's needs and the neighbors concerns. tie discussed proposed zones A-D. ~ He stated. that: Mr. Stewart has agreed to file use restrictions on Zone A and B that limit them to. R-2 and not-permit future rezonings. He said that the commercial service zone-serves: as a transition from R-2 to LI. He stated that Mr. Stewart would like to rezone. this property in conjunction with annexation and he. stated that-the annexation study said. that-industrial developmerttwas.appropriate for this location. Kevin Kotz,14969 old Highway Road, said that Mr. Drake had met with the neighbors and that many of their-concerns .had been addressed and; therefore, he approved of the rezoning plan. ~'"'~ Mason Cate, 1:2271 Seippel Road, stated that: he preferred the access road for the '~-r property to be located on the west side of hid house; not on the south side. He said e south side roadway would be ciose.to his rear picture window. Tom Vantiger, 15105 Qld Highway Road., said that he has met with Mr. 4rake and they. have worked out many of the details regarding the proposed development. He saidhe still has. minor concerns with the drveway.access onto -Old Highway Road from the area proposed for rezoning to ,Light Ihdustcial:.. He stated that truck and vehicle traffic from driveways. at.this oration may pose a safety hazard. He stated that the neighbors initially would have preferred R-1 Single-Family development, butagreed that R-2 would.bean appropria#e compromise. Flint Drake-.stated that he,and Mr, S#ewart had worked -with the neighbors to satisfy most of their concerns: hie said the rezoning configuration and access accomplished this: He said that the County has checked the site. distances between.. driveway entrances, and sta#~ed that theK .are: adequate. Staff Member Kritz said that the zoning would 4±~ undertaken concurrent with annexation for the west 20 .acres of the property: He said tha# currently zones. A, B and C are wkhin the City and zonedR-l.Single-Family, Residential: He said~tMat the Commission does not have to tackle the proposed access issue at this point because the City will: review the access'scheme atthe site plan review. He stated #hat $eippel Road was built tb-standanis that wroiuld accommodate industrial acxess. He stated that the access could possibiybe moved south away from Mr: Cate's pt'operty line. Minutes -Zoning Advisory Commission. April 2, 2003 Page 4 Commissioner Hardie offered a friendly amendment to remote uses Za, 31,.32, 37, 38 ahd 41. Mr. Drake said that Mr..Stewart wodld prefer to maintain all the uses in the district to allow flexibility for development. Commissioner Hardie stated he stilhfelt itwas appropriate to remove these uses because the Commercial Service District abuts a.residential distrrct. He recommended -that City staff examine, the uses permitted in a CS District as part of the Comprehensive Zoning Ordinance rewrite. Commissioner Schiltz stated that because-the residential property is.currently undeveloped and under commorf ownership, CS zoning,is appropriate. Commissioner Roush noted that there is also Light Industrial zoning next.to R=2; but, because.the zoning will be in place prior to~ the .purchase of the residential property, he_does not feel this is a problem. Commissioner Smith said that it may not be :appropriate to remove, some CS uses and not others. Chairperson Qird said that he felt that the rezoning as cor~f'igured was appropriate:.. Mr. Drake said it is a slippery slope when you begin to remove some Wises. He said that the'neighbors reviewed the full list of uses and had no objections. Commissioners discussed uses they felt were not appropriate in.this particular CS District. Commissioners Hardie and Smith stated-that they. agreed uses 31,. 32, 38, 41 and 42 should be purged from the allowed-uses. ~""~, Mofion oy,Schiltz, seconded ~'Y Chrrstto approve the rezoning with the condition that uses `~ 31, 32; 38, 41 and 42 not be permitted in-the CS District. Motion:was approved by the following voter Aye -Smith, Hardie,: Christ, Stiles, Schiltz, Roush and Bird; Nay -None. PUBLIC HEARINGtRQONING: Application of GTW Pennsylvania LLC/Brian Kane to rezone property located at the southeast comer of .Pennsylvania Avenue and Radford Road .(Lot 2 of Lot 7 and Lot 8 'of VVestmark}.from C-2' Neighborhood Shopping Center District to C-3.General Comrr~rcial District. Brian Kane, attorney representing G'FW, reviewed he requested rezoning noting the . difference between C-2.and C-3 permitted uses: Mr. Kane reviewed the-urban.renewal resolution that he said- applied to the. property: He also reviewed the history of the zoning of the property,. and noted that the area is changing in terms of land. use. He said that the applicant's proposal is consistent with the comprehensive plan recommendations. Ron Cavanaugh, ice President of Westmark Corporation, stated that he is concerned with the wide range of commercial. uses permitted in a C-3 district,some of which may not be compatible with the. existing office park immediately east of the subject property. Walter McFadden, 5580 Pennsylvania Avenue, stated that he was in opposition because of al the potential uses permitted in the C-3 District. Brian Kane said atthe applicantwould not.develop anyvse thatwould adversely impact the. adjacent property. Mr. Kane reviewed :Resolution No. 88-9;'l and .its limited fist of uses:. <t ~-- m W ~, ~, 0 oC ~ U Q ~ ~ Seippel Road Extension T ~ :~o U •.~: b~A~ ~......... ~,Au . . s •o G ,/ m J r ,, 3 t ccN _ ~ G b ~ o~ (j ~'~ o U T 1 C U ~, °'~ C O m .~ U J O Q~ O L .~Q 0 L Q ~.C~.t C `V O R! '~'+ •1~ U +-• C ~ ~ .o ~ ~ .o c ~. ftS •C r ~.(~ ~ ~~ A~J N ~ ~ ~~ ~~o ~ ca ~ a °' ~ .~' ~ ~ U o aU U n (n y~ o~°a ~ o ..~ ~ .3C ~ ~ y`-„ C o ~- ~, ~ ~ ~~ ~ x ~_ Q U o~ ~scc'v f' a oQ' o~mo -o O rpp a ~ a ~ r ~ . r .. E ~ ~ .. ~~No o~ ~ ~ "'' ~ ~ a ~ S?~ , ~~ _~. d ~• ~ ~ ~ o ~ ~a'3 ~~- _n o o^ ° ~ ~~ ~ 5: ,~ ./ ~ 'c °1 ~ ~ ~. ~ . c~ ~ N 'd ~ TT N ~. ...i ~~ a j C=D N a i ~~~rn O a ~ ~~ 1 ~ ~ I~ ~ ,, . ~ ~ ~~~3 << _ ~ ~~v ~~ ~ . .~ ~ c, ~ ~ o ~ ~ ;~ $ ~ ~ :,~ '~ ~`~~ . ~. ~ `, o f !. ~' S .,o. ~ w . ':• .•:: ~) ~~~`\ ~ N~ .' ~o~~urlx3 puoy Ie IoB ' /' ~ t t~~ N ~ I / ......... S ~ ~ n N~ /~ I N~ 1 z 1 Q Applicant: Wayne & Lynn Stewart Location: Old Highway Road/ Seippel Road Description: To rezone property, from R-1 Single-Family Residential District to CS Commercial Service and Wholesale District. Proposed Area to be Rezoned .Railroad R-O-W .Applicant: Wayne & Lynn Stewart Location: Old Highway Road Description: To rezone property, inconjnction with annexation, from County M-1 (with conditions) to City LI Light Industrial District. Proposed Area to be Rezoned -~----~ Railroad R-O-W Proposed Area to be Rezoned to R-2 Applicant: Wayne StewartlFlint Drake Location: Southwest Corner of ~Id Highway Road and Seippel Road Description: To rezone property from R-1 Single-Family Residential District and County M-1 c, to R-2 Two-Family Residential District, CS Commercial Service and Wholesale District, and Ll Light Industrial District, concurrent with annexation of the west 20 acres. ® Pr oposed Area to be Rezoned to CS ^ Proposed Area to be Rezoned to LI ~G~iy.'t ~p v ,~00 3 prG ~~ ~: neV•y ~~4~ ---_ _r~~ w -- ______-_ ;~.~ ~ ~ I VICINITY MAP aio ~ I .~• _ _ 1t ., i 1\.','.~',i;fi,;!•\ 1 %I~I ~'~.~~ '~( .\\\4'.\'R ,iorlrS-= ._ - _- =~1F.. 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N~,~;~ '~I~~ \\ I ~'~ ~ ` , ~ _ . i ~; r ~r ~, \ \ th~+~ '\1~ 6"l~li~ K"I~.:.~" ~ c~i °u 11 II IN ~ . ..% "~ ^, \ I ~ - \ \ , \ 1\II` ~I\\\ .- 6 wQ N~ pl III a yll~y 1 ' `' ` ~`I. ~~ I F ~ r C: ; }--' ~ l/: ~ .' \~11 1\\\\ ~ ~7 r~ tl1 r, ICI ~ l ~~ ~ ',1 t 1. f I"~ ,:: . ;{l 1,.-_`_ ~ , ~I,1' NI\\~1' g ! ~."~.°.a. - coin ~o PIINI iIIIs~ ~i •`+'`\,~".~'v~ 91 ACRfl ~,: ,. - _ .~~ \\ 11 Ilir ~\\l`` . -, i~,rr~T',rk~~--_ ` '~~, _ ~1'~111h~114 :r:.,•>.\::.~,.~:~'•.+ I I 1' I~~l11`\,4~~.-. ~ ~~.°•" = ouj 3 ,Ilj i4 NI~ Ii~'!ginl jN11~1; '~ ' 's'. • .\ I . , ,/, I - ~ 1 \`. ~ _ v.• S>r. ~.~«,..~ 9 o j - 1 , hld4 I~~II~I II~II h , ... .// I _ ~ Ala l 1\11\'11\\~ .. ~ ...'~..r r,... ~ o ~ !// 1IPj y~I ~~ l1`, _ ~ r.• • .-., ~ .i ~ 111\1\~ i-ti jll ; r!~l1r hM'4'P~I~jI r .t ~ o -, ,;,~t:r.~rt N AI ~ ,~ I 11<Itl 1111~\\\c a ... rp ~~ o,'- 'S<~ ~~~':":4;i/1)~ raj 11 /v r. 1 \\~\t. ,~.. 7~ >, o i,/7!! 111 Ir 1 ~ r. V y.. .f',-, I1 I / r 1 I~ 1 1 a ~ L~' ~- ~ ~~~~ ••~',~%'~~ ~I f r 1, . ,^'[I~f!t111UJ/,.i "" %1 r' d.. lll.v.;;,•''.r„r~ r 1 ~ i ~. ~c +~ 2~3 0 J w a a w OLD HIGHWAY RD R2 R2 CS R1 ~B m N ~'"~.',~ ~ a Vicinity Map 1p Applicant: Tri-State Development Location: Southwest Corner of Seippel Road and ~Id Highway Road Description: To rezone property from R-2 Two-Family Residential District to CS Commercial Service & Wholesale and CS Commercial Service & Whole- sale to R-2 Two-Family Residential District. Proposed Area to be Rezoned to CS Proposed Area to be Rezoned to R-2 CS~~ ofp vA, ~~s F'~ d 1 P~4-~- ' (U 1 `., Prepared by: SCHNEIDER Land Surveying and Planning, Inc. P.O.Box S2B Farley,IDwa 52046 PhM563-744-3631 FINAL PLAT z~~S SEIPPEL ROAD COMMERCIAL PARK. NE CORNER o * ~~ Lot 3 ~~,ACRES CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. SEC.36, N T89N.R1E * A SUBDIVISION OF LOT 2 OF LOT 2 OF MASON CATE ESTATES, ~ FOUND REBAR LOT 'A' CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. TOTAL AREA ~ N/CAP aM3321 - . --- 0.566 ACRES LoT s L0~ AcRES A[pES LoT 6 24.270 ACRES TOTAL ~ ~-, NE~O°M NEA°°M ADa+ AWES -1.919 ACRES ROAD W _ T _ ,~ 22.381 ACRES NET /Y y~ . . ~ f Y . SE NAG , r1 . . ' ago $82 ~ " ~bE, ~36 ~ Off' ~~ ~ NEApow i[nES ~~ 157,01' 51.13' x 55' ~ ~ o FOUND n NAIL. . d Nor nN 9' 7'0 R ~ ~ ~ ~ `wAG A ~ ~ mS' ~ . 325.29 ~ 17' NEC. AS: 130.x' S~'S1' E Q42.77' _ o R N S . _ ~f2642 IY7 a?~ ~,x_ ES ' _ ~ FOUND R.O.M. ~d'~6~~ 3.~0 6~ ryc~- - 1 r: ^ RAIL - 0.49' c ~2:jS' ~16~OS• 1'1T *" UTH OF : ° ~ I (TYP. ) = - AY = a'- a t ~ E;~ SO ~. o ry ry • c ~ o CORNER FOUND f/2' LOT i = ~ N °' of s REBAR / . N I• 'A~ ..y =2~, w tio•, m 01.683 ACRESr LOT 2 = `S' ry c ~y• nO°~ CAP X12642 I m~~ ~,.~ O< W QA,~ 0.716 ACF6:S m LOT 3 = ~ n N~,~i~ (TYP.) o ~ 0.716 ACRES m LOT 4 ~ °,~, ~ ti;~ LoT 1 STATES ES ~`m i ~ n1 a ~ LOT 5 ^j° -+N,~n NASO,t [ATE E n SAN 3ENEa m a 0.716 ACR EASEMENT ( 678 ~ • ° 0 ` ° I W I I ~ -~ 30 ) . ~ (Ti . , - C m 142.36• ^ ? ACRES u~'O ~'" SM CORNER O 142 fA OF - MASON OT -~ ^ ' ' • N ao 'W" ~ O ~ n .36 V ~ ! l L 142.38• ~ H CATE ESTATES ~ Na2'S1'13-M 403.67' ]42.36 ]42.32' w0/~CAPS~f26 2AR _ NEC. As ~...___ x, I ry Im i~ ~ o c IN nAC rnar~n ONV-, C^ W" .. D ?W :N ,o I o z° I I in N tnl n NI LOT 8 2.235 ACRES 1 Q, CURVE A Ch~99.00' N89'S6'50'M 'C~ 14'13'03' R-400. DO' A-99.26' LOT 9 5.914 ACRES xl ",I `_ i 1'"''V'',1'' ~N ~ ~~ ~ 2W SURVEY DESCRIPTION ~~ AND SEE /SHEET 2 ATA: I ACCESS EASEMENT I ///~~~SET S/2" (40' NIDE1 / REBAR N/ I / YELLON CAP X14417 (TYP.) _ -- ~- ~'--• SANITARY IiENER PpOPRIETORS: TRISTATE DEVELOPI~NT CD. c/o BRIAN CANNERS SURVEY REQUESTED BY: TRISTATE pEVELOPNENL CO. C/tl BRIAN CANNERS DUBUOUE~IOMA 52003ROA0 Ph. 563-557-3620 2 '3 f ' f 3' M 232.93 ~~ LOT 7 c ~ l.049 ACRES z SEIPPEL c J`~!96.03' LOT • g ~ ~ N82.5o • 1( o.e66 A s 192 •, ~Ce~o~ 0 39.86 •~- ~~-,, m -- - -23.94' C ~~, ~ ~ 1 o o S J ~aENENTTT(IOf jY ^rt = I LOT i i 6 1.886 ACRES Ex15TING 1 A.O.M. LINE MATER LINE EASEMENT IfO'1 ~/ 30.00`'/~ y _ N! t .306.74' n t f 1 _ --~ •!V -i6• - V2 f E 275.04 LUI G-L MASON LATE 241 79• ~[ ESTATES FOUN[ .as:2.1.77• _ Na2.31.13•N ETEIN. ~ 74.94' ~, ~ CDNCR LOT 6 ~ ~ . 1.473 ACRES °oi oil ° :;~ ~n! m o ~I N COURT (60') ~~ L07 'C , 212,3 4•~ q~IC UTILITT ' ~ ~ EASEME r rn 0.766 ACRES - 1 NT 11lta~ !96.37• C3' t aez•aa•39•w u ~ F n I 1 E aE~ENaTNFN ~~ j~ ='g= LOT SO \ 1 ~y+~ f : f 1.763 ACRES f ~ ' " ~"' f•.f ~ •\r `. YIOW ld \ ~ \ N ~o \~ Iv ~ \\. ~Y'` \, `?` ;{~ N99'09'SS'E 597.4]' r 9T°" ""`^ 1 EASEMENT I ~ ~- n f a. m mo ~~ LOT 'D' ~• 3Z DETENTION AREA I, LOT i2 'i 3. SOB ACRES ,~ 1, 431 ACRES ~W o W O r. 50UTN LINE ~ -- Ir OF THE NEI/4 OF SECTION 36. TB9N. T1E _- SB9'09'51'N 1064.99.' LoT 1-1 sM1/+ E1/i REC. A5: 567 19 36'N fOB4.92 SE1/4 ~ Et/L SEC. SFG.36. TB9N. RSE FOUI I hereby certify that Lhia lend aurveyln9 document waa prepared and the related survey work Mes performed LAND by ma or under my tTlreet psrsonal supervision and that ~,O SG I,am-e.duly lfcanaed Land Surveyor under the lava of ?y '9c ,the State of_,Ioka.;. ,°; DAVID P. ~ ~ ~ ! :~,' ;~ ~!i. ~/ .. I "' ~:c-r_r J SCHNEIDER °y i ~ -','~~y, il.•-~.r..~d '~ <~~~/ ~~i /14417 .~ ~-+~" ~. ~ Dav7d P. Schneider P.L.S. /34417 Data. IONP Ny license renekal date 13 December 31. 2005. Pages or sheets covered by this seal: THIS SHEET ONLY O ~~ Nn t0 m mm ^'" J ~ti =_" a 4 .] In„ ~y 'U ~,~ w O ~ fn ~• ~u y~ ry ~o O ~ A ~ a Tim iN 1~ ~=n ~ ~ b wtN • .` ''~ 0 1 Ro ;,; o `m ~m 1 RNER 1 T89N, RfE /B" REBAR SCHNEIDER Land Surveying Planning. Inc. P.O. Box 126 Far7sy. Iowa 52946 Ph/ 563-744-3631 Fix 363-744-3629 Prepared by: SCHNEIOER Land Surveying and Planning, Inc. P. O. Box 12B Far ley, Iowa 52046 Phl563-744-3631 FINAL PLAT NE coRNER SEIPPEL ROAD COMMERCIAL PARK, .PLAT 2 SEC.3fi.T89N.R1E FOUND REBAR CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, M' ~"P !3321 A SUBDIVISION OF LOTS i, 2, 3, 4, 5. 6, 7 AND 8 OF SEIPPEL RQAO COMMERCIAL PARK, CITY OF DUBUDUE, DUBUQUE COUNTY, IOWA. LOT 3 TOTAL AREA ~ ° MEAOOM ACRES LDT 4 8.267 ACRES MEAOOw 0.CRE5 ~~ m ~~ LOT 'A' MEADOM AGRES ~m W J~ ID SEIPPEL ROAD FOl1N0 R.O.M. COMMERCIAL PARK RAIL - 0.49' LDT 6 L SOUTH OF MEApOW ACRES W ~ THE CORNER N~ ~ rd N89.27'03'E ~ of S8 s 84'°_ ~' ~: fm ! 1 . 0 ~ MlGHM4Y 2 •51' i3-E 6E a SSfi' . ~~ / I LOT 4 'n ~T 51 y " _ ~ 17-E 5 2 77 • REC. 3.3 0 1~~ J /°-caes W 327 e;,LOT 6 ~LOTL17 iioiy S a o-aoloo• ORES 0 0.329 ., i o Lor 1 ~, J poi ACRES 0.329 LDT a ~ o 2' • -° ~.. :ACRES Q~o.32h LOT 9 a ~ a rn L ,~ o IJ $ LOT 2 .° LOT 3 . of ACRES •"' ACAS LOT~~ 10 ^ LOT 11 . ~ o ~ ~ o ^ ~ r W 0.329 W 0.403 ~ Q ~ v ~ . 0 2 B~ ~IOrARr SEMER w ~ m LO7 e e ACRES ~ ACRES v o ~ i O = . ui ~ 0.00' m EASENEivr t gm _ _ _~ X82 ~• 1 E ` 80.00 • l30 • wiOE) ~ ° ~ o LOr 5 ~ N ~o (¢W` - - - - _ L _ _1o4`A6•~ B0 oa• r~e0 o z --~ ~,~ ~ cu I Isr ~ - _ _ _ _ ~ ~ 0 ~ o. 0 rp W;0 = _~- r o ~ E ~~wr SET i /2 ~ -<v ---L ~2 '~ 13.E 23 01 1 4.30 • rn `~' E01 m _ _ 3.09 ' 72.20 ' 2 ~~ <R EASE NtC (io LirI0E1 ~4417M (TYP.) . N ~ - - O9 • a1 ~y < ~ tl~ IWW$ 2.eoe Acmes ~ w LOT 2 a v N~ n w , , c , . LOT 7 W Q m Z MEAOOM ACRES FOUND MA NAIL W/ MASHER . ~ !12642 561 9 ms 1 9 05 8 E - - ~DUNO 112- -" - REBAR w/ CAP ! 12642 ~ iu '~= ~ No LOT 1 ¢ ~ MASON LATE ESTATES =I N N ry 0 ~N P.0.8 ¢ W N SW CORNER I d N ~ LOT i OF -MASON CATE ESTATES W _o FOUND 1/2'REBAR w/ CAP !12642 ~C' AS' 56 I Im 4 S82'~'18•F x.241.77• N ~ I 500.07' S1'M 9.56' T e ;n - 1.263 ACRES ~ m LOT i EXISTIMS-~~- 1 N LD c1 Ch~109.43' S69'S6'39'M 0~ 168'19'25• , ~ R-55.00' ~ ~ A~i6i.58' /I~o SW CORNEA82 •51 ' 13-N 351.41 , ~ 71 LOT B. SEIPPEL ROAD e' \ 5. COMMERCIAL PARK. '^ ` a CITY OF DUBUQUE. DUBUQUE COUNTY. 20WA. ^'J FOUND 1/2"REBAR z w/ CAP !14417 ~~ 1 OT 9 c DBE ~Mp FLOM I CSOM EP~Iw p~PK y' E0.5E ' \\ ~ \ I~ ~~ r o SURVEY DESCAIPTIOt~t ~°~ SEE SHEET 2 ~ i PROPRIETORS: TRI-STATE DEVELOPMENT. L.L.C LAND C/0 BRIAN LAMMERS ?~~O SG,PL SURVEY REQUESTED BY: ti DAVID P. < TRI-STATE DEVELOPMENT. L.L.C SCHNEIOER C/b BRIAN LAMMERS ~ •14417 a 12960 ENGLISH MILL ROAD ~ ~ DUBUQUE, IOWA 52003 Ph. 563-557-3820 IOWA PUBLIC UTILITY g r a 1.542 ACRES EASEMEMr (15 • J ^~ S4 B7' LDT T O ~ S58'32'46'W I m ~ - toT a 31.32' ° A~96.S4' w ~~ ~ ~ ~eLic16~r"B R-370.00' I w 1 6.0 - 1 ' rEA~MENr uoliy 589 415' 12 M ° f`~a _ )'182 'S0 ' Sg `212.54• '96.27' '015 ~ M~ ~€f9 M1~ _5]' X82. 33' A~ / .~ 4u. 87. ~~ _ Q(_~+~ 14.21 ' ^I o. 1 -`~ ~ ~~ r' "'T ~W '~ ~ 019 I~ ,~ FOUND 1/2' Exlsr ~ ~ YELLOWMCAP UTILITY E4~,~rZ ;O: -- -( a` u I ! 14417 (TYP. J ) I m < u~ cn-99.o0• m N69'SB'S0"M u I LOT SAO A~ (4'33'03' ~ ni. a SEIPPEL p0.RK 8.400.00' I~ N u~ 1 CO~~I A.99.26' ~ ~_; ~ ~ LOT ip0A0 o N °a ca~P~IAL pAR/• ¢ G g GRAPHIC SCALE 1''100' I cov a ' N N I 0 100 200 300 I nareby certify that this !antl surveying tlacusent was SCHNEIDEA preperetl antl the relatetl survey work was perftlrastl by M or untler ay 0{r t personal supervision antl that Lantl Surveying ~ tluly license and Surveyor untler the laMS of 6 the State of IoM Planning, Inc. P.O. Sox 126 Fsrley Iowa 52046 S OO Pn/ 563-744-3635 De P. Schneitler P.L.S. !14417 Oate: Faa 563-744-3629 My license renewal tlate is December 31. 2007. PrO ect: BBiFP Pages ar sheets ctlveretl by this seal: THIS SHEET ONLY Datei 5 1 2006 Dus N s'.~"s~"`` LI CS a -.. ~~ ,, ~ ~ L~l i R-1 Vicinity Map ~ \. A licant: Brian Lammers/Tri-Sate pp ~ Development N Location: Seippel Court 0 Description: To rezone property from R-2 Two-Family Residential District to CS Commercial Service and Wholesale District. Proposed Area to be Rezoned ^ Zoning Boundary ~.__.. 't l '~l_-._..~~ City Limits Base GIS THE CITY OF t N DuB E ~ ~~d V `1~C. si~a'w~ ~i ' r^ Vicinity Map Applicant: Greg Adams/Stewart Construc-N tion Inc. ~ G 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. ® Proposed Area to be Rezoned !i ~ City zoning 1.... J:~ Base Map Provided by Duibur.ue C~uii~~l~r GIIS SCALE 1" = 200' II /. _ 0 100 200 ~. /, 4 I /, - /. 11 '~ Q W //.' Lor 1 Lore I I rowN[RT MEPI : Lot J EADON ACRES I I PAN SCHRM.M) (OWNER: KELLY k LOr e I /~ VALERIC ALLEN) (OWNER: .10E LOT y I I I il[CKENSi[IN) (OWNER: TON 8 LOT 6 - - - LYNN vANT10ER) (OWTIER: .qE 3 LOT 7 -( _ _ - -' -' - - ~ - _ .IANE BOCE) (OWNCR: OELBERT I I ~ti ~ __ - __ PVBUC ROW ~ ~ - - - _ !!_ ~ I _ 1'al'15"E n.. q'1 iuere'rs'•. sq~ss' i (sevR'z! - - - _ 11 T la. os'I v'~ _ _ ZONE "A" I I _ - - ( i LDT I LDT I I DIAMOr+D ! APPROX. 3.7 ACRES ~ b rl I HEIGH75 MASaN GATE (owHER• _ ESTATES h r (OVMER: MASON k I I - fLOR1NE LATE) 1 pA1RICK 3 !'(--$ANORA 1 ,~y.N) V (Se~'J9'=yE 1=5-I'( - 1 peg ~_ / \~ LOT 4 ts' / ~ (s rrt'IO'c sse') I ,,. ZONE "B" x ~~ APPROX. 2.1 ACRES ~ '° ~ ZONE "D" 5 ~. 19~' APPROX. 20.0 ACRES / Lor I-t uAawl urz csr+nts (owNln: srzwMr coNSnlucnox) b ~b ~~ w~ ~`~ ~~ /, (NeJ,~zS' / T~Po~ ~ .~ Lor t-t-+ ^ /1 N[I/+ p ry sccle lmwce a+ILwoAO ~ '~ le ~' ~f . ~/ ~ ~! M / ~ s s I COr11MEN+M ' LOT 3 /' LOT i-t 4+S"N CArz TSTAICS (OMICR: fT[wMr taK3nnICl1UN) /J PUBLIC ROW ~~ ele~ ZONE "C" (4 LOTS) AP 0.15.3 ACRES LOT 1 LOT 2 Lor I-I SEI/+ R EI/} SWI/1 s[c.le Testy RIE ../ (OYMCR: ANN R PANNE eREHM) APPROX. TOTAL d5.2 ACRES PROPOSED ZONING ZONE "A" = R-2 / ZONE "B" = R-2 ZONE "C" = CS ZONE "D" = LI 1 I 1 I 1 '~1 I.or I!2_t swI/~ Nwl/+ EC.J1 r 9N RZE U I ~ WHER: jA1JE5 el m I- DORIS Af) a' i • `~ I I I ) I I I I ,1 I ~'"~ I 1 1 Y i 1 1 . ~ n I ' 11 -.1Wl~ 1 I& 1 la ~ \ I~ ~ T I~ ~ ~ ~• EN EKISDNO PROPERTY LINE ~~~~ ~ ~~ EKISiRJO PERIMETER PROPOSED 20NE LINE PROPOSED PROP[RTY LINL - - - - - CENTERLRIE ------- mcHr a wAr --------°---- EASEMENT LINE ( ) RECOf10 DIMENSION -r > > m m - 2 ~ 3 _~ 3 i ~_ W C ~ I+U1 ~' j ~ V 3 oa 0 a~ U w g w ~ V ~n In W " ' Q N~p~ ~ F ~W Z N "m; v1 0 ' ~ W ~ m I a a„, Z ..Eat IrBo ~~az ~~~~ U .S W C o ~~'" a JW a 4- F- ~ ~ Co W W = t=n X W ._....r..., _.... _. ~e.~. ++a. ,.. ..~ LOCATION MAP ,1 .i/IEEi NO7[S _ __. I. ALL MEASUREMENTS ARE MI FEET ANO DECIIAAL$ iNEROf. Of