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Request to rezone 2571 John F. Kennedy Road_HearingCopyrighted January 18, 2022 City of Dubuque Public Hearings # 1. City Council Meeting ITEM TITLE: Request to rezone 2571 John F. Kennedy Road SUMMARY: Proof of publication on notice of public hearing to consider City Council approval of a request from Terry Huseman to rezone property located at 2571 John F. Kennedy Road from OR Office Residential to C-3 General Commercial zoning district with conditions to allow an electrical contractor shop, and Zoning Advisory Commission recommending approval. SUGGESTED DISPOSITION: ATTACHMENTS: Description ZAC Letter to Council Ordinance Application Concept Site Plan Vicinity Map Staff Report Site Photos ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 2571 John F. Kennedy Road from OR Office Residential District To C-3 General Commercial District with conditions as established in the attached Memorandum of Agreement Suggested Disposition: Receive and File; Motion B; Motion A OR Office Residential Zoning Regulations C-3 General Commercial Zoning Regulations Type Supporting Documentation Ordinance Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Planning Services Department Dubuque City Hall THE COF 50 West 13th Street Dubuque, IA 52001-4864 DtUBE MI-Ammin � IF I (563) 589-4210 phone 1 I (563) 589-4221 fax (563) 690-6678 TDD Masterpiece on the Mississippi 2007-2012-2013 2017*2019 nlanninz@dtvof dubuaue.orz January 9, 2022 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13t" Street Dubuque IA 52001 Applicant: Terry Huseman Location: 2571 John F. Kennedy Road Description: To rezone property from OR Office Residential to C-3 General Commercial zoning district with conditions to allow an electrical contractor shop. 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 Terry Huseman spoke in favor of the request noting that he purchased the property in late spring 2022 and the property is not zoned correctly for an electrical contractor shop. He explained his proposed use of the property, improvements for a paved driveway to the rear of the building and installation of a screening fence. He said he wished to continue operating his business at this location and was requesting a rezoning to allow an electrical contractor shop. Staff reviewed the staff report noting the property location, size, and existing development and identified the surrounding zonings designations. Staff outlined the general operations of the proposed electrical contractor shop and clarified that the project would require site plan review which would include review of stormwater management, screening, and other site development requirements. Staff provided a memorandum of agreement recommending conditions regarding outside storage and striking several permitted uses from the C-3 regulations. There was one public comment. Tom Stovall, 3345 Tibey Court, spoke in opposition of the request. He expressed concerns about privacy, the parking area in the back of the property, existing stormwater issues that this project may exacerbate, and that it would not fit aesthetically in the neighborhood. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 The Zoning Commission discussed the request, noting an opportunity to address or alleviate the site's existing issues as well as limiting future uses at the property to those that would have a minimal impact on adjacent properties. The Commission discussed striking additional uses beyond what staff had already recommended. Namely Laundry, dry cleaner, or laundromat (26), Mortuary or funeral home (30), and private club (39). One commissioner felt the C-3 district is not a good fit for the property in this neighborhood and they could not support the request. Recommendation By a vote of 4 to 1, the Zoning Advisory Commission recommends that the City Council approve the request with the conditions outlined in the attached signed memorandum of agreement. Respectfully submitted, Matt Mulligan, Chairperson Zoning Advisory Commission Attachments cc: Terry Huseman, 970 Kane Street, Dubuque, IA 52001 Service People Integrity Responsibility Innovation Teamwork Prepared by: Wally Wernimont City Planner Address: City Hall, 50 W. 1311 St Telephone: 589-4210 Return to: Adrienne Breitfelder, City Clerk Address: City Hall- 50 W. 131h St Telephone: 589-4121 ORDINANCE NO. 1-22 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2571 JOHN F. KENNEDY ROAD FROM OR OFFICE RESIDENTIAL DISTRICT TO C-3 GENERAL COMMERCIAL 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, the Unified Development Code, is hereby amended by reclassifying the hereinafter -described property from OR Office -Residential District to C-3 General Commercial District with conditions, to wit: Lot 2-1-2 of E 2.00 AC of Lot 1 of J P Mettels Sub No. 2 and Lot 2-1-1-2 E 2.00 AC of 1 J P Mettels Sub No. 2 in the City of Dubuque, Iowa, according to the recorded plats thereof, subject to easements of record 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 18th day of January 2022 Brad M. Cavanagh, Mayor Attest: /J p Adrienne Breitfelder, City Clerk MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5, and as an express condition of rezoning of the property located at 2571 John F. Kennedy Road and legally described as: Lot 2-1-2 of E 2.00 AC of Lot 1 of J P Mettels Sub No. 2 and Lot 2-1-1-2 E 2.00 AC of 1 J P Mettels Sub No. 2 in the City of Dubuque, Iowa, according to the recorded plats thereof, subject to easements of record and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. which is the subject of Ordinance No. 1-22, 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) Outdoor storage of any goods, materials, merchandise, or trash/waste (outside of a code compliant trash collection area) shall be strictly prohibited. 2) All commercial and industrial uses that abut residential properties shall maintain screening not less than six feet in height along the abutting property line or lines. 3) That the list of permitted uses shall be limited to: 1. Artist studio 2. Barber or beauty shop 3. Business services 4. Contractor shop or yard 5. Furniture upholstery or repair 6. General office 7. Medical office 8. Museum or library 9. Photographic studio 10. Place of religious exercise or assembly 11. Printing or publishing 12. Public or private parks, golf course, or similar natural recreation areas 13. Railroad or public or quasi -public utility, including substation 14. Residential use above the first floor only 15. School of private instruction 16. Licensed child care center 17. Registered Child Development Home 4) The following conditional uses may be permitted, subject to the provisions of Section 8-5: 1. Licensed adult day services 2. Passenger transfer facility 3. Wind energy conversion system B) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the OR — Office Residential 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 ten (10) days of the adoption of Ordinance No. - 22. 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. ACCEPTANCE OF ORDINANCE NO. I - 22 I, Terry Huseman, representing Huseman Properties, having read the terms and conditions of the foregoing Ordinance No. 1 -22 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this _� day of JA )-) U A fL1V , 2022. M Terry Huseman Properties On this -7 day of Jwwcry 2022 before me, a Notary Public, in and for said state, personally appeared Ter Huseman, to me known to be the person named in and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. "a' F ADRIENNoN.BREITFELDER Commi••lon . BREIT 6 DER My Comm. EXP. d� aoa3 OEM E M W "W�s�!� • • - • • My Commission expires: 1a/ty/oou Doc ID: 010903210005 Type: GEN Kind: ORDINANCE Recorded: 01/26/2022 at 12:55:48 PM Fee Amt: $27.00 Paqe 1 of 5 Dubuque County Iowa John Murphy Recorder File2022-00001384 Prepared by: Wally Wemimont, City Planner Address: City Hall, 50 W. 13'h St Telephone: 589-4210 Return to: Adrienne Breitfelder, City Clerk Address: City Hall- 50 W. 131h St Telephone: 589-4121 ORDINANCE NO. 1-22 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2571 JOHN F. KENNEDY ROAD FROM OR OFFICE RESIDENTIAL DISTRICT TO C-3 GENERAL COMMERCIAL 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, the Unified Development Code, is hereby amended by reclassifying the hereinafter -described property from OR Office_Residential-.District .to C=-3 General Commercial District with conditions, to wit: Lot 2-1-2 of E 2.00 AC of Lot 1 of J P Mettels Sub No. 2 and Lot 2-1-1-2 E 2.00 AC of 1 J P Mettels Sub No. 2 in the City of Dubuque, Iowa, according to the recorded plats thereof, subject to easements of record 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 18th day of January 2022. rad M. Cavanagh, Mayor Attest: owe. //" *2;4�4 Adrienne Breitfelder, City Clerk I0 ODp,Q City Planning IL CERTIFICATE of the CITY CLERK STATE OF IOWA SS: COUNTY OF DUBUQUE ) I, Adrienne N. Breitfelder, City Clerk, 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. 1-22 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 25th day of Janaury, 2022. Adrienne N. Breitfelder, City Clerk MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5, and as an express condition of rezoning of the property located at 2571 John F. Kennedy Road and legally described as: Lot 2-1-2 of E 2.00 AC of Lot 1 of J P Mettels Sub No. 2 and Lot 2-1-1-2 E 2.00 AC of 1 J P Mettels Sub No. 2 in the City of Dubuque, Iowa, according to the recorded plats thereof, subject to easements of record and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. which is the subject of Ordinance No. 1-22, 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) Outdoor storage of any goods, materials, merchandise, or trash/waste (outside of a code compliant trash collection area) shall be strictly prohibited. 2) All commercial and industrial uses that abut residential properties shall maintain screening not less than six feet in height along the abutting property line or lines. 3) That the list of permitted uses shall be limited to: 1. Artist studio 2. Barber or beauty shop 3. Business services 4. Contractor shop or yard 5. Furniture upholstery or repair 6. General office 7. Medical office 8. Museum or library 9. Photographic studio 10. Place of religious exercise or assembly 11. Printing or publishing 12. Public or private parks, golf course, or similar natural recreation areas 13. Railroad or public or quasi -public utility, including substation 14. Residential use above the first floor only 15. School of private instruction 16. Licensed child care center 17. Registered Child Development Home 4) The following conditional uses may be permitted, subject to the provisions of Section 8-5: 1. Licensed adult day services 2. Passenger transfer facility 3. Wind energy conversion system B) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the OR — Office Residential 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 ten (10) days of the adoption of Ordinance No. f - 22. 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. ACCEPTANCE OF ORDINANCE NO. I - 22 I, Terry Huseman, representing Huseman Properties, having read the terms and conditions of the foregoing Ordinance No. ! -22 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this day of JA �J U A R-Y , 2022. I i Properties On this 7 day of J-an, r 2022 before me, a Notary Public, in and for said state, personally appeared Ter Huseman, to me known to be the person named in and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. FADRMENNBREITFELDER ssion NUMqm. Exp. d/' ao�3 /� A�-�J4 Notary Public in the Sta a of Iowa My Commission expires: I M y /0ou THE CM OF DUB E Masterpiece on the Mississippi ❑Variance ❑Conditional Use Permit ❑Appeal ❑Special Exception Limited Setback Waiver ezoning/PUD/ID Dubuque IFFY IIIII► 2007•2012.2013 2017*2019 PLANNING APPLICATION FORM ❑Preliminary Plat ❑Simple Subdivision []Major Final Plat ❑Text Amendment ❑Minor Final Plat ❑Temporary Use Permit ❑Simple Site Plan []Annexation El Minor Site Plan ❑Historic Revolving Loan ❑Major Site Plan ❑Historic Housing Grant Please type or print leoibly in in City of Dubuque Planning Services Department Dubuque, IA 52001-4845 Phone: 563-589-4210 Fax: 563-589-4221 planning 0cityofdubugue.org ❑Certificate of Appropriateness ❑Advisory Design Review (Public Projects) ❑Certificate of Economic Non -Viability []Historic Designation ❑Demolition ❑Port of Dubuque /Chaplain Schmitt Island Design Review Property owner(s): N L Stc- [(v N o nCy-(J P k a 1 ) E r �1 Phone: f�^ Address: 2 5' 1 I �7 I� I��• City: pV "CJ1�%iVt_ State:p/ Zip:_5Z-aa i Fax #: Cell #: E-mail: '1ly &YJh�C),? yAq(tj- C Applicant/Agent: Tic )4VTeMA-J-J Phone: `Xo�—Lfh r rp L19 Address: 100 IL A 6 J � S'C- City: � u ` u &ul; State:. , Zips�: Fax #: Cell #: E-mail: Site location/address: L li % �l �L Neighborhood Association: Existing zoning: 09, Proposed zoning: G3 G District: Landmark: ❑ Yes ❑ No Legal Description (Sidwell parcel ID# or lot number/block number/subdivision):- Total property (lot) area (square feet or acres): D. (0 Z A C \E e 3- Describe proposal and reason necessary (attach a letter of explanation, if needed): Za1,jr C=�z cir� �2 TC) c3 w NTH C_ati�It'�o1.1S CERTIFICATION: I/we, the undersigned, do hereby certify/acknowledge that: 1.It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants. 2. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record; 3. Fees are not refundable and payment does not guarantee approval; and 4. All additional required written nd graphic materials are attached. Property Owner(s Date: Applicant/Agent: Date: FOR OFFICE USE ONLY - APP TION SUBMITT L CHECKLIST Fee: �Z Received by: Z Date: 1 Z /S 2 Docket: cPc..lS� E cn v; Y 0 n N m� a Dubuque THE C DUt�BF L I I I ip1. 'III 2007-2012.2013 2017*2019 Masterpiece on the Mississippi Vicinity Map City of Dubuque Applicant: Huseman Properties Location: 2571 John F. Kennedy Rd. Request Type: Rezoning Proposal: To rezone property from OR -Office Residential to C-3 General Commercial zoning district with conditions to allow an electrican contractor shop. .r; Subject Property _ 112ZMM � REZONING STAFF REPORT Property Address: 2571 John F. Kennedy Road Property Owner: Huseman Properties Applicant: Terry Huseman Zoning Agenda: January 5, 2022 Description: To rezone property from OR Office Residential to C-3 General Commercial zoning district to allow an electrical contractor shop. Proposed Land Use: Commercial/Contractor Shop Existing Land Use: Commercial Adjacent Land Use: North — General Office East — Single -Family Residential South — Single -Family Residential West — Single -Family Residential Former Zoning: 1934 — LBB 1975 — OR-1 1985—OR Total Area: .68 acres / 29,620 square feet Proposed Zoning: C-3c Existing Zoning: O-R Adjacent Zoning: North — OR East — R-1 South — R-1 West — R-1 Property History: The subject property is comprised of two parcels. The northern parcel contains an existing one-story 1,200 sq. ft. metal storage building that was constructed in 1965. The southern parcel is improved with two buildings; a one-story 864 sq. ft. wood framed commercial building that was previously used as a beauty shop and an attached one-story 2,410 sq. ft. metal storage building, both constructed in 1959. Physical Characteristics: The subject property is comprised of two parcels, which are each approximately .34 acres/14,810 sq. ft. in area. Both parcels take access from John F. Kennedy Road through an existing curb cut located primarily on the southern parcel. The subject property slopes downhill approximately 18 ft. from the highest point along the northern property line to the lowest point at the southwest corner of the site. Concurrence with Comprehensive Plan: The Comprehensive Plan goals promote infill and mixed -use development. The goals also recommend buffering non -compatible uses from each other. The City's Future Land Use Plan identifies this area as Commercial. Rezoning Staff Report — 2571 John F. Kennedy Rd. Page 2 Impact of Request on: Utilities: The area is adequately served by both City water and sanitary sewer. There are mains for each in the John F. Kennedy Road right-of-way. Traffic Patterns/Counts: The 2017 Iowa Department of Transportation traffic counts indicate an average daily traffic count of 11,600 along this section of John F. Kennedy. Traffic generated to the proposed electrical contractor shop will be primarily employees and therefore the proposed use is anticipated to have limited impact on the overall traffic volume along John F. Kennedy. Public Services: Public services are adequate to serve the site regardless of how the use. Environment: The subject property is comprised of two parcels totaling approximately .68 acres. The northern parcel is improved with an existing storage building built in 1965 and the southern parcel is improved with a commercial building and attached storage building both built in 1959. The applicant has been in communication with the Planning Services Department regarding site improvements which would include a driveway extending around the northern building and wrapping down to the rear side of the southern buildings. Also proposed is a new privacy fence running along the entire western property line and along a portion of the southern property line. The proposed site improvements require a Site Plan Review which must be approved through the development review process. The Development Review Team is comprised of multiple City Departments including Engineering, Planning, Water Distribution, Fire, Police, Housing & Community Development, and Leisure Services. Site plans are reviewed by all relevant departments regarding access, parking, screening, paving, stormwater management, water connection, sanitary sewer connection, and fire safety. Effects on the environment would be mitigated through appropriate site development. The applicant is currently in the process of preparing to submit the Site Plan Review application. Adiacent Properties: This property is surrounded by R-1 Single -Family Residential properties to the west and to the east across John F. Kennedy Road. Properties to the north are zoned OR — Office residential and the northern parcel abutting the subject property is occupied by Farm Bureau Financial Services. The property directly to the south is a single-family residence and the property to the south of that lot is zoned C-1 c and is home to a landscaping business. Other zoning districts in the vicinity include OS — Office Service and PR- Planned Residential. CIP Investments: None proposed. Staff Analysis: The applicant proposes to rezone the subject property, which is comprised of two parcels totally approximately .68 acres, from OR — Office Residential to C-3 General Commercial to allow for an electrical contractor shop. Currently the north parcel is Rezoning Staff Report — 2571 John F. Kennedy Rd. Page 3 improved with a storage building and the southern parcel is improved with a wood framed commercial building and attached storage building. The property is surrounded by single-family residential uses directly to the west, south, and east across John F. Kennedy Road. Property to the north is zoned OR — Office Residential. Other zoning districts in the vicinity include C-1c Neighborhood Commercial with conditions, OS — Office Service, and PR — Planned Residential. The applicant's stated use for the subject property is an electrical contractor shop. The current OR — Office Residential zoning does not permit a contractor shop use. Contactor shops are a permitted use in the C-3 General Commercial zoning; therefore, the applicant is seeking to rezone. The current OR zoning district permits 18 different principal uses and the C-3 General Commercial zoning permits 55 different principal uses, some of which would not likely locate on the subject property due to site constraints such as limited access, parking, and building/lot area. Despite this, the quantity and variety of permitted uses is certainly greatly in the C-3 zoning district than in the OR zoning district. Consequently, the Commission may wish to limit the permitted uses allowed for the rezoned property in order to limit the potentially substantial impacts to neighboring properties and uses. Staff has provided below a list of C-3 permitted uses and conditional uses for the Commission's review. Staff has reviewed this list and has recommended some uses be struck based on their potential impacts to the area and neighboring uses. C-3 Principal permitted use: 1 Anrini ilti iral supply soles 2 Animal hespi a�rnl iRiG 3. Artist studio 4. Auditorium er assembly hall 5.. Bakery (whnlesole/enMme-^rniol) v 66. Bank say.--- and leap er Grediti'c-U R!GR 7.Bar er ta�iern 8. Barber or beauty shop 9. Business services 10. Gapeiash' full ser airs 11Gh, srPelf seiine T aRNa4s 12. Genstn intinn si apply sales er seNiee Tom 13. Contractor shop or yard 14. dental er mediGal lab 15. department s+ere (60,000 square feet maxaimrn) , 16 Farm implement sales er service 17. Furniture upholstery or repair 18. Gas statien 19. General office 25 Indeer theater 26. Laundry, dry cleaner, or laundromat Rezoning Staff Report — 2571 John F. Kennedy Rd. Page 4 27. Medical office 28 MiRi Wa FehO Aso 29 Mobile Or morn ifaGt iron h 30. Mortuary or funeral home 31 Meyinn or storage fonility 32. Museum or library 36. Photographic studio 37. Place of religious exercise or assembly 38. Printing or publishing 39. Private club 40. Public or private parks, golf course, or similar natural recreation areas 41. Railroad or public or quasi -public utility, including substation 42. Residential use above the first floor only 43 Restaurant, driveiif _n er sorry ei 44. Retail solos onrd sor„ino 45. School of private instruction 53. Wh„ locale solos er rdistrob tmen 54. Licensed child care center 55. Registered Child Development Home C-3 Conditional Uses: 1. Licensed adult day services 2. Outdoor reGFeatiGn or e t doer amusement r•o�T 3. Passenger transfer facility 4. Wind energy conversion system Rezoning the subject property to allow an electrical contractor shop should have a limited impact on the noise, activity, and vehicular and pedestrian traffic along John F. Kennedy Road which is a highly traveled roadway. The applicant has indicated their operational hours would generally be Monday through Friday, from 7.30 a.m. to 4 p.m. Day-to-day operations would include employees gathering on the property during the beginning and end of the workday in order to load and unload supplies/tools; however, the majority of their work will be conducted at job sites located off -premises, and no fabrication or manufacturing will occur on site. The applicant has indicated that some work vehicles will be stored outside on the site, but materials would be stored indoors. Based on the daily operations of the electrical contractor shop, the exterior operations of the business would primarily be parking of work vehicles and no exterior material storage or fabrication would occur. Although this would possibly be true for some other types of Rezoning Staff Report — 2571 John F. Kennedy Rd. Page 5 contractor shops such as plumbing or painting, other types of contractor shops such as landscaping or excavating may have more intense exterior storage and operational needs. With that, the Zoning Advisory Commission may wish to consider whether all contractor shop or yard uses may be appropriate for the subject site, given the proximity to residential uses. The applicant previously began moving dirt on the property in order to construct a driveway around the northern side of the property to create a rear vehicular access to the back side of the southern building. This work was stopped by the City, and it was determined a Site Plan Review would be required to ensure the proposed work meets all required development standards. The applicant is working to developing a site plan drawing that is acceptable to submit for Site Plan review. The Site Plans will be reviewed by all relevant departments regarding access, screening, paving, stormwater management, water connection, sanitary sewer connection, and fire safety. Staff recommends the Commission review the criteria established in Chapter 9 of the Unified Development Code regarding granting a rezoning. In its review, the Commission may wish to consider a conditional rezoning for the property in order to mitigate potential impacts to neighboring properties and uses. Staff also offers the following conditions for consideration: 1. Outdoor storage of any goods, materials, merchandise, or trash/waste (outside of a code compliant trash collection area) shall be strictly prohibited. 2. All commercial and industrial uses that abut residential properties shall maintain screening not less than six feet in height along the abutting property line or lines. Prepared by: Reviewed: Date: 12/28/2021 2571 John F. Kennedy Road — Site Photos View from John F. Kennedy Road (Google image) 25M Join FFAM" M D.b.q-, I— II G-* 1p. aurae V--N-2016 Asa 2571 John F. Kennedy Road — Site Photos View from existing paved driveway looking to the north 2571 John F. Kennedy Road — Site Photos View from northern property line looking southwest m rl5 { w: Mt Lt. VPIP too 4, a fit. s I If <. r p _ Z. '� � ,��x � ,: x-•., ti T� � � 'vim E � x st � � :*2,'�' a oI - re Pew 72. i R nm s [ r'l , I irl 7 l 4 Section 2-Land Use Regulations Chapter 5: Zoning Districts Townhouse General office Group home Wind energy conversion system me CM ar 5-7 OR Office Residential The OR District is intended to serve as a transition zone between commercial and single - and two-family residential areas permitting adaptive reuse of existing building stock, which will normally be residential in character. This OR District is not intended to have any application in undeveloped or newly developing areas of the City or on land made vacant through intentional demolition. Development standards remain flexible to allow conservation and reuse of existing buildings. This district should be located in areas abutting arterial and/or collector streets which are, because of location and trends, suita- ble for development of low intensity office uses, and high intensity residential uses. 5-7.1 Principal Permitted Uses The following uses are permitted in the OR District: 1. Art gallery, museum or library 2. Artist studio 3. General office 4. Hospice 5. Housing for the elderly or persons with disabilities 6. Medical office 7. Mortuary or funeral home 8. Multiple -family dwelling 9. Nursing or convalescent home 10. Parking structure 11. Place of religious exercise or religious assembly 12. Public, private, or parochial school approved by the State of Iowa (K-12) 13. Railroad or public or quasi -public utility, including substation 14. School of private instruction 15. Single- or two-family dwelling unit within an existing structure only 16. Townhouse (two or more laterally attached units) 17. Licensed child care center 18. Community Gardens 19. Registered Child Development Home 5-7.2 Conditional Uses The following conditional uses are permitted in the OR district, subject to the provisions of Section 8-5: 1. Bed and breakfast home 2. Bed and breakfast inn 3. Group home 4. Licensed adult day services 5. Off -premises residential garage 6. Off-street parking 7. Photographic studio 8. Private club 9. Rooming or boarding house 10. Tour home 11. Tourist home 12. Wind energy conversion system 5-7.3 Accessory Uses The following uses are permitted as accessory uses as provided in Section 3-7: 1. Crematorium accessory to a mortuary or funeral home 2. Detached garage 3. Fence 4. Garage sale; no more than three per calendar year or three consecutive days per sale 5. Home -based business Section 2—Land Use Regulations Chapter 5: Zoning Districts 6. Noncommercial garden, greenhouse or nursery 7. Off-street parking and storage of vehicles 8. Satellite receiving dish 9. Solar collector 10. Sport, recreation, or outdoor cooking equipment 11. Storage building 12. Tennis court, swimming pool or similar permanent facility 13. Wind turbine (building -mounted) 14. Solar Collector (freestanding array[s] are limited to not more than 100 aggregate square feet and 10 feet in height). 5-7.4 Temporary Uses Temporary uses shall be regulated in conformance with the provisions of Section 3-19. 5-7.5 Parking Minimum parking requirements shall be regulated in conformance with the provisions of Chapter 14. 5-7.6 Signs Signs shall be regulated in conformance with the provisions of Chapter 15. 5-7.7 Bulk Regulations me CM ar DUB E THE CFTY DL Section 2—Land Use Regulations Chapter 5: Zoning Districts R • --.- Min Lot - Min Lot Max Lot Front Frontage Coverage Setbacks Min Side Min Rear Height Max Perrni d Uses General office — — 50 1 20 — 3 1 f 0 40 Hospice 5,000 50 50 20 — 3 10 40 Housing for the elderly or disabled 10,000 — -- — — 31 10 40 Medical office — — 50 20 — 3 10 40 Mortuary, Funeral home — — 50 20 — 31 10 40 Muiti-family 1,2001du 50 50 20 — 3 10 40 Nursing orconvelescenthome 10,000 100 50 20 — 3' 10 40 Place of reliaious exercise or assembly, School 20,000 100 50 20 — 3 10 752 Single-famfiydelached dwelling 5,000 50 50 20 5G 3 10 40 Townhouse 12001du 1 16mu 1 50 1 20 1 — r 3A r i010 1 40 Two-famtlydwelling 5,000 50 50 20 50 3 10 40 All other permilled uses — — 50 20 — 3 10 40 Conafonat Us" Bed and breakfast home 5,000 50 50 20 50 3 10 40 Bed and breakfast inn — — 50 20 5o 3 10 40 Group home 5,000 50 50 — — 3 10 40 Licensed adult day services, Licensed child care center 5,000 50 50 20 — 3 10 40 Off premise residential garage — — 50 20 — 3 10 15 Photographic studio — — 50 20 — 3 10 40 Private dub — — 50 20 — 3 10 40 Rooming or boarding house 5,000 50 50 20 — 3 10 40 ' When abulling a residential district, a six footside setback is required. Maybe ereclBd to a height not exceeding 75 fast, provided thatsuch buildings shall provide at least one additional foot of yard space on all sides for each additional foot bywhich such building exceeds the mabmum height limitofthe district in which it is tocaQad. --- - -�---- ----- Re-uiredRear - - --------------- -- Midpoint Height 5etback k b Lot Area ' Shed Roof i a Midpoint height Gable or Hip Roof Deckline ' fMan5arambrel Height Required F nt ; ' Setback Lot Width Roof —Tliighest Level nLItontage lieiciht 5treet 5treet Flat Roof 1 OF JB E Section 2-Land Use Regulations Chapter 5: Zoning Districts Department store Indoor amusement arcade Vehicle sales 5-13 C-3 General Commercial The C-3 District is intended to provide locations for commercial uses which are designed to serve the motoring public or uses requiring highway or arterial locations. 5-13.1 Principal Permitted Uses The following uses are permitted in the C-3 district: 1. Agricultural supply sales 2. Animal hospital or clinic 3. Artist studio 4. Auditorium or assembly hall 5. Bakery (wholesale/commercial) 6. Bank, savings and loan, or credit union 7. Bar or tavern 8. Barber or beauty shop 9. Business services 10. Carwash, full service 11. Carwash, self service 12. Construction supply sales or service 13. Contractor shop or yard 14. Dental or medical lab 15. Department store (60,000 square feet maximum) 16. Farm implement sales or service 17. Furniture upholstery or repair 18. Gas station 19. General office 20. Grocery store 21. Hotel 22. Indoor amusement arcade 23. Indoor recreation facility 24. Indoor restaurant 25. Indoor theater 26. Laundry, dry cleaner, or laundromat 27. Medical office 28. Mini -warehouse 29. Mobile or manufactured home sales or service 30. Mortuary or funeral home 31. Moving or storage facility 32. Museum or library 33. Neighborhood shopping center 34. Parking structure 35. Pet daycare or grooming 36. Photographic studio 37. Place of religious exercise or assembly 38. Printing or publishing 39. Private club 40. Public or private parks, golf course, or similar natural recreation areas 41. Railroad or public or quasi -public utility, including substation 42. Residential use above the first floor only 43. Restaurant, drive in or carryout 44. Retail sales and service me CM ar DUB E Section 2—Land Use Regulations Chapter 5: Zoning Districts 45. School of private instruction 46. Service station 47. Tattoo parlor 48. Tour home 49. Vehicle body shop 50. Vehicle sales or rental 51. Vehicle service or repair 52. Vending or game machine sales or service 53. Wholesale sales or distributor 54. Licensed child care center 55. Registered Child Development Home 5-13.2 Conditional Uses The following conditional uses may be permitted in the C-3 District, subject to the provisions of Section 8-5: 1. Licensed adult day services 2. Outdoor recreation or outdoor amusement center 3. Passenger transfer facility 4. Wind energy conversion system 5-13.3 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. Crematorium accessory to a mortuary or funeral home 3. Wind turbine (building -mounted) 5-13.4 Temporary Uses Temporary uses shall be regulated in conformance with the provisions of Section 3-19. 5-13.5 Parking Minimum parking requirements shall be regulated in conformance with the provisions of Chapter 14. 5-13.6 Signs Signs shall be regulated in conformance with the provisions of Chapter 15. me CM ar Section 2—Land Use Regulations Chapter 5: Zoning Districts 5-13.7 Bulk Regulations ----- ---------------------- Lot Area , I :Ei Pro rty Line v 9 f—Lot Frontage Street ----------------------------- Buildable Area I *IIIIIIIIIip Recmred Front Setback , Street Midpaint Height Shed Roof I Midpoint Height Gable or Hi Roof Deckline Height Mansard or Gambrel RQvf Highest Level Height Flat Roof me Crrr ar Dus E STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, 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: 01/07/2022 and for which the charge is 36.53 Subscribed to before me, a Notary Pubh in and for Dubuque County, Iowa, this 7th day of January, 2022 Notary Pi '1 c in and for Dubuque C unty, Iowa. JANET K. PAPE ='FaA% Commission Number 199859 Sty Comm.. Exp. DEC 11, 2022 Ad text : CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct public hearings on the 18th day of January, 2022, at 6:30 p.m., in the Historic Federal Building, 350 W. 6th Street, 2nd floor, Dubuque, Iowa, on the following: REZONINGS 1. Request from Huseman Properties to rezone property located at 2571 John F. Kennedy Road from OR Office Residential to C-3 General Commercial zoning district to allow an electrical contractor shop. 2. Request from City of Dubuque to rezone property located at the NW corner of Southwest Arterial and Tamarack Drive from AG Agricultural to PI Planned Industrial designated for the Dubuque Industrial Center Crossroads. TEXT AMENDMENT 1. Request from City of Dubuque to amend the Unified Development Code to allow Commercial Greenhouse as a permitted use in C-2, C-2A, C-3, C-4 and CS zoning districts. At the meeting, the City Council will receive oral and written comments from any resident or property owner of said City to the above action. The official agenda will be posted the Friday before the meeting and will contain public input options. The City Council agenda can be accessed at https://cityofdubuque.novusagenda.convAgendaPablic/ or by contacting the City Clerks Office at 563-589-4100, ctyclerk@cityofdubuque.org. Written comments regarding the above public hearings may be submitted to the City Clerk's Office via email at ctyclerk@cityofdubuque.org or by mail to City Clerk's Office, City Hall, 50 W. 13th St., Dubuque, IA 52001, before said time of public hearing. At said time and place of public hearings the City Council will receive any written comments. Copies of supporting documents for the public hearings are on file in the City Clerks Office and may be viewed Monday through Friday between 8:00 a.m. and 5:00 p.m. Individuals with limited English proficiency, vision, hearing, or speech impairments requiring special assistance should contact the City Clerk's Office at (563) 589-4100, TDD (563) 690-6678, ctyclerk@cityofdubuque.org as soon as feasible. Deaf or hard -of -hearing individuals can use Relay Iowa by dialing 711 or (800) 735-2942. Adrienne N. Breitfelder City Clerk It 1/7 STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, 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: 01/21/2022 and for which the charge is 21.17 Subscribed to before me, a Notary Pohl i and for Dubuque County, Iowa, this 21st day of January, 2022 Notary Public in and for Dubuque County, Iowa. SHARON WEL.SORN .` Co�tsal�,m Nuusmiy�r 827405 :.. W1 CITML -I;;. 40Y' 10.2M Ad text : OFFICIAL PUBLICATION ORDINANCE NO. 1-22 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2571 JOHN F. KENNEDY ROAD FROM OR OFFICE RESIDENTIAL DISTRICT TO C-3 GENERAL COMMERCIAL 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, the Unified Development Code, is hereby amended by reclassifying the hereinafter -described property from OR Office Residential District to C-3 General Commercial District with conditions, to wit: Lot 2-1-2 of E 2.00 AC of Lot 1 of J P Mettels Sub No. 2 and Lot 2-1-1-2 E 2.00 AC of 1 J P Mettels Sub No. 2 in the City of Dubuque, Iowa, according to the recorded plats thereof, subject to easements of record 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 18th day of January 2022. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 21st day of January, 2022. /s/Adrienne N. Breitfelder, City Clerk It O1/21