Request to Rezone - End of Wolff Road Copyright 2014
City of Dubuque Public Hearings # 1.
ITEM TITLE: Request to Rezone - End of Wolff Road
SUMMARY: Proof of publication on notice of public hearing to consider
a request by Steve Smith to rezone property at the end of
Wolff Road (Parcel ID# 1020376004)from CSc
Commercial Service &Wholesale with conditions to LI
Light Industrial District and the Zoning Advisory
Commission recommending approval with conditions.
ORDINANCE Amending Title 16 of the City of Dubuque
Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located at the
end of Wolff Road from CSc Commercial Service and
Wholesale District with conditions to LI Light Industrial
District with conditions as established in the attached
Memorandum of Agreement
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion
A
ATTACHMENTS:
Description Type
ZAC Letter Staff Memo
Applicant Materials Supporting Documentation
Staff Materials Supporting Documentation
Ordinance Ordinance
Suggested Motion Supporting Documentation
Planning Services Department Dubuque
City Hall THE CITY�O�F50 West 13th Street ulnar 11T E
Dubuque,IA 52001-4864 t I l 1 L U
(563)589-4210 phone 111 Masterpiece on the Mississippi
(563)589-4221 fax sror•mu•mu Ip pp
(563)690-6678 TDD
planning@cityofdubuque.org
May 10, 2016
The Honorable Mayor and City Council Members
City of Dubuque
City Hall — 50 W. 13th Street
DubuquelA 52001
Applicant: Steve Smith
Location: Wolff Road (Parcel ID#1020376004)
Description: Rezone property from CSc commercial Service and Wholesale with
conditions to LI Light Industrial
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 the rezoning will allow for an
indoor recreation/trampoline facility.
Staff reviewed the staff report, noting the previous conditions applied to the property as
well as code requirements for screening, dumpsters, lighting and storm water
management. Staff reviewed street access, parking lot landscaping, storm water
management, and site topography. Staff compared allowed uses in the CS District
versus the adjacent LI Light Industrial District.
There were several public comments regarding prior conditions, dumpster locations,
screening, type of landscaping, storm water management, lighting and parking.
The Zoning Advisory Commission discussed the request, including previous conditions
applied to the property and adding a 40-foot building height limitation.
Recommendation
By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council
approve the request, subject to the following conditions:
1) The building height be limited to 40 feet.
2) A building setback of 30 feet along the west property line.
3) The westerly boundary be planted with trees that will achieve 80 feet in height or
more at maturity.
Service People Integrity Responsibility Innovation Teamwork
The Honorable Mayor and City Council Members
Page 2
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
Patrick Norton, Chairperson
Zoning Advisory Commission
Attachments
cc: Gus Psihoyos, City Engineer
Service People Integrity Responsibility Innovation Teamwork
(IN cc
Z
no vCOi f60 v t.(
ca' ow —' ttivvv yyo
it .gv v p Z c 1 ❑ a X
U ._ uiX m � uU p, a a
a - (7- o t E 0
G p C Q 01 wo C O C pEj t3 YN
C wO N .6
- N Oa C N C p
on
4. yg I `O O O YJ c
:E ;� uQ� t'' wo m m
406
U.
❑❑❑❑❑❑
m
Hca crno+ _ o m y o a
mw > c .. m � •> c £ o m
Ov � zz Z G o m
(� E E c {� O $i m Y W
a ❑❑❑❑❑❑ O J 00
Y o Z' a y
z aoZD - f
a c 10
z m m m m c c c •• u s O m u y
a m
C w w N C ` N
a o.
E `po` oo` � o 'w Y
m m
v '� c E c •� tit do o o w •� a a �,•
c ca
J m c a m ._
R 26
n q V Y m a w E W N
° z o E c c O _
M �^ a D c ¢ o c a o s m t w c w W
L 1�� ad f0 U W\ LL
'CpT 1py :O N d p. a y C C a yuN! �T LL
C C p - 0 N C O d ISL ti L N N L Cqp O
�q
u & m c S� '" p o
T c > u <Ln cl d a` ¢ ii ¢ ¢ LL 2 m' p
F � J �
' 3
a M
SIgpRUNE PENN Plrs ]i ; - Q 4
tr - MAIN it a
[pRr
II REVIENEO BV:
T '^ RI B41E PTE NM1E ililE IME
65• AN
MCI, M'BECKrnl
n /// y
ta'
BE"
CWR=
- U
TOCGEBnLL 66'OE[R " DICK
COURT
E
36' BECK (n m
p
frEEPARTY RECEPTION AP O
36'DECK E BASRETBALL MAIN �I R,
SIJ E BUNR 2NTRB CE N', O�
8 ....v._......__�.�_ P-T
EE ROOMwA CONCESSION SEATING AREA T
Od'
xa:6 [ t—
Rxnw L
1 � Nos
oNNCKEo BYJH
SCALF
1IB'�f'm
BATE:
BN..I.
PROJECT NO:
.ET:
OrennBN': C)
® NIl]
• THE CITY OEDuubu�que
� F:fA.fii
DUAtAtten Ch
B E illl�i
Masterpiece 0n the Mississippi zbm•ic12-M3
Vicinity Map
Applicant: Steve Smith
Location: Wolff Road
(Parcel ID# 1020376004)
Description: To rezone property from
CSc Commercial Service & Wholesale
with conditions to LI Light Industrial
District.
Legend
• ® Applicant Property
Notified Properties
DISCLAIMER:This information was compiled using the
Dubuque Area Geographic Infomretion System(DAGIS),which
includes date created by both the City of Dubuque and
Dubuque County. It is understood that,while the City of
Dubuque and padicigeting agencies util'¢ad the most current ts1
and'on
units
oformation available,DAGIS and its supplem do IV
not nquidewarrant erain, urecy orcurreruy of thetntormetion or data 7l
co held
efr The CityentlpadicipaNyal,consequental ■,N\\
beheldliableor ed.1 inunag-intlired.th incidental, or consequential
WYcwoar���
unforeseeable
ad da meges,he audhorized or unauthorized t
unforeseeable,adsidg out of the eu[hodzetl or uneuModzetl
se of mis data or me inebinty to use this data or out of airy
breech of wertanty whatsoever.
REZONING STAFF REPORT Zoning Agenda: May 4, 2016
Property Address: End of Wolff Road, Parcel I D#1 0-20-376-004
Property Owner: Steve Smith
Applicant: Steve Smith
Proposed Land Use: Indoor Recreation Proposed Zoning: LI
Existing Land Use: vacant Existing Zoning: CSc
Adjacent Land Use: North — Education Adjacent Zoning: North — R-1
East— Industrial East— LI
South — Commercial South — CS/C-3
West— Residential West—Asbury Single-Family
Former Zoning: 1934 — County Total Area: 8.5 acres
1975 — County
1985 —AG
Property History: The subject property was rezoned in 1987 from AG Agricultural to
Commercial Service with conditions. The property has been the subject of several
replattings, but was originally part of the North Range Industrial Park Subdivision in the
city of Dubuque.
Physical Characteristics: The subject property is 8.5 acres in size, is located at the west
end of Wolff Road and is currently vacant. The property has the Eleanor Roosevelt
Middle School property to the north, existing Light Industrial property to the east,
commercial businesses to the south, and single-family detached homes to the west
located in the city of Asbury.
Concurrence with Comprehensive Plan: The 2030 Land Use Plan designated the
property for commercial development.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site.
Traffic Patterns/Counts: There are no traffic counts available for Wolff Road.
Development of the property will require that Wolff Road be terminated with either
a cul-de-sac or a hammerhead turnaround.
Public Services: Existing public services are adequate to serve the property.
Rezoning Staff Report — End of Wolff Road Page 2
Environment: Staff does not anticipate any adverse impact to the environment
provided erosion control is provided during all phases of development and that
storm water management for the site complies with City codes and policies.
Adjacent Properties: The subject property, if rezoned to Light Industrial, would not
appreciably change the allowed uses on the property from its current zoning of CS
Commercial Service. Attached are the lists of allowed uses in both the Commercial
Service and Light Industrial zoning districts.
CIP Investments: None proposed.
Staff Analysis: The applicant is requesting to rezone the 8.5 acre parcel at the end of
Wolff Road from CS Commercial Service and Wholesale District with conditions to LI
Light Industrial. Ordinance 87-86 (attached to this staff report) established two
conditions as part of rezoning the property. A 30-foot building setback was established
along the west and north property lines of Lot 1 of the subdivision and that the western
boundary be planted with trees of a species that at maturity would be a minimum of 80
feet in height. Planting of these trees were to coincide within 12 months after a building
permit was obtained.
The applicants are requesting the rezoning to facilitate the construction of an indoor
recreation/trampoline facility. The building and associated parking would be located at
the end of Wolff Road. The CS Commercial Service and Wholesale District does not
allow indoor recreation as a permitted use. However, the LI Light Industrial District
does. The balance of the Wolff Road property is zoned Li Light Industrial. The
rezoning request would be consistent with the adjacent zoning to the east. However, to
the west is existing single-family residential development within the city of Asbury.
Attached to this staff report is the list of permitted uses for both the CS Commercial
Service and LI Light Industrial zoning districts. The CS Commercial Service District has
at times been referred to as a light light industrial district as the two districts list many
similar uses. While Commercial Service and Wholesale District lists processing/
assembly, Light Industrial District carries it a step further and includes secondary
manufacturing, processing and packaging of meat, dairy and food products, and
resource recovery/recycling centers (indoor only). Light Industrial does list the indoor
recreation as well as outdoor recreation facilities as permitted uses.
As part of the Zoning Advisory Commission's review of this request, staff would
recommend they include as part of the motion whether they want to continue on the
conditions previously established on this property regarding the building setback and
the planting of trees.
Rezoning Staff Report— End of Wolff Road Page 3
Planning staff recommends the Commission review the criteria established in Article 9.5
of the Unified Development Code regarding reclassification of property.
Prepared by: Reviewed: A Date: -/•07.14
Section 2-Land Use Regulations Article 5: Zoning Districts
a
5-16 CS Commercial Service and Wholesale
The CS District is intended to provide locations for a variety of business services,office
uses, limited industrial activity and major wholesale operations. The CS uses are primar-
ily characterized by large storage space requirements,high volume truck traffic and low
!, volume customer traffic. It is intended that the CS District is one that provides a transi-
tional 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
Auto part sales and higher density residential development.
� or service
5-16.1 Principal Permitted Uses
The following uses are permitted in the CS District:
1. Agricultural supply sales
2. Animal hospital or clinic
3. Appliance sales or service
4. Auto part sales or supply
5. Business services
6. Construction supply sales or service
7. Contractor shop or yard
8. Dental or medical lab
9. Farm implement sales or service
A 10. Freight transfer facility
Furniture or home 11. Fuel or ice dealer
furnishing sales 12. Furniture upholstery or repair
13. Furniture or home furnishing sales
14. General office
15. Kennel
16. Landscaping services(not including retail sales as primary use)
17. Lumberyard or building material sales
18. Mail order house
------ - 19. Mini warehousing
20. Moving or storage facility
r * " 21. Off street parking lot
22. Office supply
23. Pet daycare or grooming
24. Printing or publishing
25. Processing or assembly
General office 26. Passenger transfer facility
27. Resource recovery/recycling center(indoor only)
28. Railroad or public or quasi-public utility, including substation
29. Refrigeration equipment sales or service
30. Upholstery shop
31. Vehicle body shop
32. Vehicle sales or rental
33. Vehicle service or repair
34. Vending or game machine sales or service
35. Wholesale sales or distributor
5-16.2 Conditional Uses
The following conditional uses may be permitted in the CS district, subject to the provi-
Resource recovery/ sions of Section 8-5:
recycling center 1. Licensed adult day services
ixecrsror
DUBE
Section 2—Land Use Regulations Article 5: Zoning Districts
2. Licensed child care center
3. Wind energy conversion system
5-16.3 Accessory Uses
The following uses are permitted as accessory uses as provided in Section 3-7:
1. Any use customarily incidental and subordinate to the principal use it serves.
2. Wind energy turbine(building-mounted)
5-16.4 Temporary Uses
The following uses shall be permitted as temporary uses in the CS district in conformance with the provisions of
Section 3-19:
1. Any use listed as a permitted use within the district
5-16.5 Parking
Minimum parking requirements shall be regulated in conformance with the provisions of Article 14.
5-16.6 Signs
Signs shall be regulated in conformance with the provisions of Article 15.
i
5-16.7 Bulk Regulations
CS Commercial Service and Min Lot Min Lot Max Lot Front(feet) Vin Side'
Wholesale Area Frontage Coverage;
No -A
Vehicle sales 20,000 --- --- 20 40
Al Other Uses --- I — ---
2O -- 40
'When abutting a residential or office-residential district,a 20 foot side setback is required.
z• l to 4e0A r to.Seftwwtk 1G hea4v►•+
----------------�}-
Lot Area ;-"'I ; —Midpant
Height
P 1
9 1D a
rtY �uildable Area Shed RooF
Height
Gable or Hip Roof
I D
eckhne
eight
mH
u
ed
Front I Mansard or Gambrel Roof
Lot Width.�•� - Setback
—THigheet Level
Lot Frontage Height
5treet Street
THECI I'V OF
DUB E
Section 2-Land Use Regulations Article 5: Zoning Districts
5-18 LI Light Industrial
The LI District is intended to provide locations for a variety of uses associated primarily
in the conduct of light manufacturing, assembling and fabrication,warehousing,whole-
saling and commercial service operations that require adequate accessibility to transpor-
tation facilities. The district is also intended to provide locations for a limited amount of
commercial development that will serve employees of surrounding industrial uses.
Cold storage or 5-18.1 Principal Permitted Uses
locker plant The following uses are permitted in the LI district:
1. Agricultural supply sales
2. Animal hospital or clinic
3. Auto part sales
4. Automated gas station
5. Bakery(wholesalelcommercial)
6. Bank, savings and loan,or credit union
7. Bar or tavern
8. Business services
9. Carwash,full service
10. Carwash, self service
11. Cold storage or locker plant
12. Construction supply sales or service
Laboratory for 13. Contractors shop or yard
research or 14. Dental or medical lab
engineering 15. Drive up automated bank teller
16. Farm implement sales, service or repair
17. Freight transfer facility
18. Fuel or ice dealer
19. Furniture upholstery or repair
20. Gas station
:+ 21. General office
22. Grocery store
•I 23. Indoor recreation facility
24. Indoor restaurant
11 25. Kennel
26. Laboratory for research or engineering
27. Lumberyard or building materials sales
Lumberyard or 28. Mail order house
building materials 29. Manufacturing, secondary
sales 30. Mini-warehousing
31. Mobile home sales
32. Moving or storage facility
33. Off street parking lot
34. Outdoor recreation facility
35. Parking structure
36. Passenger transfer facility
37. Pet daycare or grooming
38. Printing or publishing
39. Processing,packaging,or storing meat, dairy or food products,but not including
slaughterhouses or stockyards
40. Railroad or public or quasi-public utility, including substation
Outdoor recreation 41. Restaurant, drive in or carryout
facility
Tvaccrtror
DUB E
Section 2—Land Use Regulations Article 5: Zoning Districts
42. Service station
43. Tool,die, or.pattern making
44. Resource recovery/recycling center(indoor only)
45. Upholstery shop
46. Vehicle body shop
47. Vehicle sales or rental
48. Vehicle service or repair
49. Vending or game machine sales or service
50. Warehousing or storage facility
51. Welding services
52. Wholesale sales or distributor
5-18.2 Conditional Uses
The following conditional uses may be permitted in the LI district, subject to the provisions of Section 8-5:
1. Licensed adult day services
2. Licensed child care center
3. Residential use
4. Wind energy conversion systems
5-18.3 Accessory Uses
The following uses are permitted as accessory uses as provided in Section 3-7:
1. Any use customarily incidental and subordinate to the principal use it serves
2. Drive-up automated bank teller
3. Wind turbine(building-mounted)
5-18.4 Temporary Uses
The following uses may be permitted as temporary uses in the LI district in conformance with the provisions of
Section 3-19:
1. Any use listed as a permitted use within the district.
5-18.5 Parking
Minimum parking requirements shall be regulated in conformance with the provisions of Article 14.
5-18.6 Signs
Signs shall be regulated in conformance with the provisions of Article 15.
rHemvor
DUB E
"1Y
1 p
mw
i
r A40cm:',
Ell
woirc aaa.r�
,,sem
. +
ORDINANCE NO. 87 -86
AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE
CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY
REVISING APPENDIX A THEREOF, ALSO KNOWN AS THE "ZONING
ORDINANCE AND ZONING MAP OF THE CITY OF DUBUQUE, IOWA" BY
RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY IN THE 5200 BLOCK
OF PENNSYLVANIA AVENUE WEST OF RADFORD ROAD FROM
AG AGRICULTURAL DISTRICT TO C-2 NEIGHBORHOOD SHOPPING CENTER
DISTRICT AND CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT,
WITH CONDITIONS.
IOWA: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
Section 1. That the Code of Ordinances of the City of
Dubuque, Iowa, be amended by revising. Appendix A thereof, also known as
the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" to
reclassify hereinafter described property from AG Agricultural to
C-2 Neighborhood Shopping Center District, with conditions, to wit:
The southerly 225 feet of Lot 1 of the subdivision of Lot 1 of
Lot 1 of Lot 1 of Lot. 1 of Block 2 of Northrange Industrial
Park; and Lot 1 of Lot 2 of Lot 1 of Lot 1 of Block 2 of
Northrange Industrial Park; all in the City of Dubuque, Iowa.
Section 2. That the Code of Ordinances of the City of
Dubuque, Iowa, be amended by revising Appendix A thereof, also known as
the "Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa" to
reclassify hereinafter described property from AG Agricultural District to
CS Commercial Service and Wholesale District, with conditions, to wit:
Lot 1 of the subdivision of Lot 1 of Lot 1 of Lot 1 of Lot 1
of Block 2 of Northrange Industrial Park, except for the
southerly 225 feet thereof, all in the City of Dubuque, Iowa.
Section 3,i That the above described reclassification to
C-2 Neighborhood Shopping Center District and CS Commercial Service and
Wholesale District shall include the hereinafter described conditions to
which the property owner, Northrange Association, Inc. , has agreed in
writing prior to the public hearing:
A. A thirty foot building setback will be established on the west
and north property lines of Lot 1 of the subdivision of Lot 1
of Lot 1 of Lot 1 of Lot 1 of Block 2 of Northrange Industrial
Park.
Ordinance No. 87 -86
Page Two
That the westerly boundary contain appropriate tree plantings
with species of mature height of a minimum of eighty feet be
provided on Lot 1 of the subdivision of Lot 1 of Lot 1 of
Lot 1 of Lot 1 of Block 2 of Northrange Industrial Park within
twelve months after a Building Permit has been obtained.
Section 4. That the foregoing amendment has heretofore been
approved by the Planning and Zoning Commission of the City of Dubuque,
Iowa.
Section 5. That the Mayor and City Clerk of the City of
Dubuque, Iowa shall certify and file this Ordinance, after its passage,
with the County Recorder of Dubuque County, Iowa, and the Recorder shall
enter this Instrument of Record.
1986, PASSED, APPROVED and ADOPTED this 3rd day of November
14, Mayor Pro-Tem
Loras Kluesner,
ATTEST:
d , ,
Mar , A. Davis, City Clerk
ACCEPTANCE OF ORDINANCE NO. 87 -86
I, the undersigned, William J. Byrne, Secretary of Northrange
Association, Inc. , having read the terms and conditions of the foregoing
Ordinance No. 87 -86 and being familiar with the conditions thereof,
hereby accept the same and agree to the conditions required therein for
the reclassification of property in the 5200 block of Pennsylvania Avenue
west of Radford Road from AG Agricultural District to C-2 Neighborhood
Shopping Center District and CS Commercial Service and Wholesale District.
Dated at Dubuque, Iowa this day of
1986.
William J. Byr Secre ry
Northrange Ass ciation,�Inc.
-- --- --- _S VY E 7 /moo fl 6 n
.K.e S'c14�E. ss v5 9c,y -w_- so4• 14' h-
-----a—O -n-- Jic.oo• iia-lz' f u.v I00,
'
�L I 10.77'
` ,,. Z ` 1,.� r , v9�• Lac' cf8/a<,ECof t. f
.j 07' ••L. N .JnJ�'rnarr,' "/yn/�/�/In C.rn�U3 Ylrq/, fr '
'C L ° r .�r/. •+t f/ `,r`N N 9!)3-71 ./� �04 �0
POLE ""oY .0u6ua yr r,.V. � o
ogdvov CR
]lo044//i U{/Yicl J �r/Ao/arKn 2t?f°�J�`{ /r� q •rP/atf �o/,foc/ ,'9y'//�ff0 ✓-9J Or/L9yA-lrr.trr3l
n
/
coo'Vrrrj1 I
• I ` 1 fy. i���.�'%ir:, l_ !- L_" _`ec - - _..L^�L�lo /r I V
./ra rr Y o�w i r'4ln�.e / O�' ti� `��-- zr.,•
- n�JJ- . r,s.r6'o R. ♦ r ' ../n'�:.fJ'f'.C'.on' !
h .;:fie rr /Oo/uVa . V •�.1.?7Ji,('i v 4L fJ�4 �'�.
7P
•i C.t 0 At �Ln::a:a.,✓` � n:v
° I C
Lo¢ / ^ t ..3j1.17• `� ' � �r- �!<.! �SL./s
Z •/.Su6 n7r�n,� /e ! ( � '• 3no.if' � �-fir�_4J � .ci ^ .nom A � N t yd
Le//ef laf/ef y^ -e�•.z'Y_. =---�- y. �a�l�__--#—.
tef / f di0rf r —l:s.-s�—
of t'✓qr fhrnqy f D /q>'� 5L•/ , /m' '�/� !.,'-p /ca•- - ,ma•: i-_" _.� •V I
e1ce�Y�or' o'a e•d f I BL ncx
! L 9C Z o "l'YnL F • I ^ I
�, 11 "/
J • ,era,ae d,� B0e _9YJ.C• f. /7�RTf/n'ANG 21 7.Q/N4 ••
.l� �r'on�l L.j /'a9C 1` R,ko li9T ✓9uq E_r j
� p ' ----1,J.GJ'-�_• f _Ur/ lo�r�re/o�sl9 I �,n�
� .•�rrl andojcePff� Ir'{1' .� �-....'-_ - - r..r-.. r-...- .,-i.o '-f=-.�, -- i'
W �r decd/eceL�c 4 � LnY/ .✓ Ln/! a -r"' "-= e'• i
c3 fJ�ium fn>1 w � 9 +lJr,6 'a
Aa l out /a„�'r�nd✓1/r.v/P•L'�Y o 113
IIc if 1` w V , 7Q71W oJr�irC of<v6u /r✓iris/A J31-7 I `• pO
Uc Co✓% rt lti y✓c lo.n7V Pcr • '1
• �Cc✓qr J y l�. o.�cc
r Aviler' ' 1”; :f16-1
.79CSF�<s'J _m.• �I V
yj
Q
Wza/ztei.{
� ✓!r✓'✓r oma <rrc pl/ rl cJ �
ti � � �; ;tre srl., !{.at ,flo-�,L, :�• v �� _�cus: J._'v)s_e' 9 ',:. � � �'y
lr, "} `°sp<!Jf en/rl r</l j., L,ra y �,•q. _
1 °7 � r'r..,4,:a'rl-:,..1,..rn/ Ql nM - �NI #d•I ',`V
q r Y_J-73-7L ark '•. Ci/:ri � ht
r�X o/•-n'+r6vp✓r C'o✓n/Jt L'ce ntu.'r ' I i?
Arrrl yw
t Atta ,:r fas/r 0.1/4 ,Carel I Ve
'+ I
At A=aa - /_/Y9 a'r ree D _• Se I {: 2t
�� \1 -_ao nr L.ac?y-0/Sc - _ _. ____ _ _ �� s 1 11 as• � �s 't.Je '
���-- 7 1•fL G( J = �' ___ 49R t r- _ _ .•1. l's _- -1 e.�. _ C.e
,e' o. ,. Lc%rc-� .f. Rs.O•W /.3_'12.C-1 r 2
L? af. PENN.$>'1_ 4'-9N/r9 �YENCIf aKd/ort !
!qn}y•e Jne/✓e/(i</fS,t' e�e IeI,/r"�F-t
`r/Jre o/low✓y-•oe,f'-:a c-!tr/t
q 'Iron � F/. P = �"X ie rrrn Slan /�ifJt /o< dred tr<or d-din �. o"etdrfco-/a/.��
f.t.r .Cr,7/o�ot.Sflr�f l Crn/rr/':r[ 9 d..f. y/Lan dJ G) Pr.�t :••..E .f l._Sr cic i
0�/F'„% 3": mCeJCc or rTd ,•,r/cfra 1 ✓
J (�.1.•L`�...r'r.,r�n L'we ctec4 r,,cora c/ ov d1"1", q�/Cd of
Ina dr✓m ers; �.9)33-77 711"1”, A. 9J3J-7G
of r..,rnr� • .:.-/'`r //� - r.rrS w OJJfirGG ./O:�y+'ue e,rb in O/fr?e
!'/./y forr0.r„� re..n r/�r f•�c or der. D..6�✓e Le vny1 oror
:3033/,Q'rrT,.'./tyres L/a✓A
.o el-f .9
' 1Ye A-ee _:(J R9S0 Any Arre : 1.z19 N
.. 6r!'•-.•/�orir ry rf.o/ifo Jcr'r.w,,.9 __- _ - _ — N__r/
\ �gjf,l,
f O
GSEq
� r n1 � i
mi
IllIuijIoI
111
11
11
n
Doc ID: 008439520004 Type: GEN
Kind: ORDINANCE
Recorded: 05/20/2016 at 01:38:11 PM
Fee Amt: $22.00 Paqe 1 of 4
Dubuque County Iowa
John Murphy Recorder
F11e2016-00005968
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210
Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589-4121
ORDINANCE NO. 15-16
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT THE END OF WOLFF
ROAD FROM CSc COMMERCIAL SERVICE AND WHOLESALE DISTRICT WITH
CONDITIONS TO LI LIGHT INDUSTRIAL DISTRICT WITH CONDITIONS AS
ESTABLISHED IN THE ATTACHED MEMORANDUM OF AGREEMENT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, is hereby amended by reclassifying the hereinafter described
property from CSc Commercial Service and Wholesale District with conditions to LI
Light Industrial District with conditions, to wit:
Lot 1 of Lot 1 North Range Industrial Park #3, and to the centerline of the
adjoining public right-of-way, all in the City of Dubuque, Iowa.
Section 2. That 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 16th day of May, 2016.
Attest:
Roy D.fBuoI �I 1ayor
1
Kevin S. Firnstahl,CO- i'erk
1,190@ Lti Eby IL
CERTIFICATE of the CITY CLERK
STATE OF IOWA )
SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk
of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in
my possession or have access to the records of the proceedings of the City Council. I
do further state that the hereto attached Ordinance No. 15-16 is a true and correct
copy of the original.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 17th day of May, 2016.
4.041WAIT-4W
Kevin ; .'Firnstahl, MC,City Clerk
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5 (2015), and as an express condition of
rezoning of the property located at the end of Wolff Road and legally described as:
Lot 1 of Lot 1 North Range Industrial Park #3, and to the
center line of the adjoining public right-of-way, all in the City
of Dubuque, Iowa.
which is the subject of Ordinance No. 15-16 , a copy of which is attached hereto and
incorporated herein by reference, the undersigned property owner(s) agree(s) to the
following conditions, all of which the property owner(s) further agree(s) are reasonable
and are imposed to satisfy public needs which are caused directly by the rezoning:
A) Conditions:
1) The building height be limited to 40 feet.
2) The building setback along the west property line be a minimum of 30 feet.
3) The western boundary of the subject property be planted with trees of a
species that at maturity would be a minimum of 80 feet in height. Planting of
these trees is to undertaken with 12 months after the building permit is
obtained.
B) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate
zoning reclassification proceedings to the Commercial Service and Wholesale
District with conditions 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 Title 16, Unified
Development Code, 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. 15-16,
E) Construction. This Agreement shall be construed and interpreted as though it
were part of Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code.
F) This Agreement shall be binding upon the undersigned and his/her heirs,
successors and assignees.
forms\moa.frm
ACCEPTANCE OF ORDINANCE NO. 15-16
I, Steve Smith, representing property owner, having read the terms and
conditions of the foregoing Ordinance No. 15-16 and being familiar with the conditions
thereof, hereby accept this same and agree to the conditions required therein.
Dated in Dubuque, Iowa this ',t",ti day of Asti 2016.
By:
///id./tti
Steve Smi
State of Iowa )
) ss:
County of Dubuque )
On this % g day of P\17-, 20/ 6, before me, a Notary Public in and for
said state, personally appeared Steve Smith to me known to be the person(s) named in
and who executed the foregoing instrument, and acknowledged that they executed the
same as their voluntary act and deed.
MELINDA RETTENBERGER
Commisslon Number 125256
My Com mis_slon EaFIres .:.
7
Noriy Public in the State of Iowa
My Commission expires: 7 - / /
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: May 06, 2016, and for which the charge is $24.40. CITY OF DUBUQUE,
IOWA
OFFICIAL NOTICE
NOTICE IS HEREBY
GIVEN that the Dubu-
que' City Council will
conduct a public hear-
ing at a meeting to
commence at 6:30 p.m.
on Monday, May 16,
2016 in the Historic
Federal-Buiiding Coun-
cil Chambers (second
floor), 350 West 6th
Street, Dubuque, on
the following:
REZONINGS
Request by Steve
Smith to rezone prop-
erty on Wolff Road
(Parcel ID# II
1020376004) from CSC
Commercial Service &
Wholesale with condi-
tions to LI Light Indus-
trial District.
Request by: Al Urbain.
Construction Manage-
ment, Inc. to rezone,
property at 800 & 804
Rhomberg Avenue
from C-1 Neighborhood
Notary Public in and for Dubuque County, Iowa. Commercial and R -2A
Alternate -_ Two -Family
Residential ' to C-2
NeighborhoodShop-
ping Center zoning dis
trict.
AMEND PUD
Request by Keith
Gutierrez to amend the
Historic Millwork Dis-
trict Planned Unit De-
velopment to allow'
microbrewery, winery
and distillery as per-
mitted uses.
Written comments re-
garding the above pub-
lice hearings may_ be
submitted to the City
Clerk's Office, 50 W.
13th St., Dubuque, IA
52001, ctyclerk@a city
ofdubuque.org on or
before said time of
public
public hearing. At said
time and place of pub-
lic hearings all inter-
ested
nterested citizens and par-
ties will be given an
opportunity to be
heard for or against
said actions.
Copies of supporting
documents' for the pub-
lic
ub lic hearings are on file
in the City Clerk's Of-
fice and may be
viewed during regular
working hours.
Any visual or hearing
impaired persons'
needing special assis-
tance or persons with
special accessibility
needs should contact ;I
the City Clerk's Office
at (563) 589-4100 or
TTY (563) 690-6678 at
least 48 hours prior to
the meeting.
Kevin S. Firnstahl,
CMC, City Clerk
it 5/6
Subscribed to before m
this /ea day of
a Notary Public in and for Dubuque County, Iowa,
,20/ .
MARY K. WESTERMEYER
Commission Number 154885
My (,,,, Exp. FES, 1, 2017
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: May 20, 2016, and for which the charge is $16.56.
Subscribed to before me, ayNotary Public in and for Dubuque County, Iowa,
,20%
this X$41,,/ day of
Notary Public in and for Dubuque County, Iowa.
iA RY ie
Commission Num
lqv COMM
OFFICIAL
PUBLICATION
ORDINANCE NO. 15-16
AN ORDINANCE
AMENDING,. TITLE 16
OF THE CITY OF, DU-
BUQUE CODE OF, OR -1,
DINANCES, ";UNIFIED
DEVELOP.'sMENT
CODE, BY RECLAS-, J.
SIFYING HEREIN-;
AFTER DESCRIBED
PROPERTY LOCATED
AT THE 'END OF,
WOLFF ROAD FROM•,;
CSIs COMMERCIAL'
SERVICE ; . AND
WHOLESALE DIS- 1,
TRICT WITH CONDI-
TIONS TO`,LI LIGHT
INDUSTRIAL ' DIS-
TRICT'k WITH CONDI-
TIONS AS ESTABLISH-
ED IN THE ATTACHED
MEMORANDUM OP
AGREEMENT
NOW THEREFORE, BE
IT. ORDAINED BY THE
CITY COUNCIL OF THE
CITY, AF DUBUQUE, 10-
WA:"
Section 1. That Title
16 of the City of Dubu-
que Code of Ordinan-
ces, Unified Develop-
ment Code, is hereby ,I
amended ;by reclas-
sifying
the hereinafter
described property
from CSc Commercial
Service and Wholesale
District with conditions
to LI Light Industrial
District with condi- 'I
tions, to wit:
Lot 1 of Lot 1 North
Range Industrial Park
#3, and to the center-
line of the adjoining
public right-of-way,' all
in the City' of Dubuque,
lowe.
Section'. 2. That the
foregoing amendment,-
has heretofore been
reviewed by the Zoning',
Advisory :, Commission
of the City of Dubuque,1
Iowa.;
Section 3. This Ordi-
nance shall take effect
immediately upon pub
licatiofl as provided by
law.
passed,approved and
adopted this 16th day
of May, 2016.
Attest:/s/KevinS Mayor
Firnstahl, City Clerk
Published officially in
the Telegraph Herald
newspaper on the 20th
day of May, 2016.
/s/Kevin S. Firnstahl,
City Clerk
It 5/20