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Request to Rezone 1061 Cedar Cross Road_HearingCopyrighted April 17, 2023 City of Dubuque Public Hearings # 03. City Council Meeting ITEM TITLE: Request to Rezone 1061 Cedar Cross Road SUMMARY: Proof of publication on notice of public hearing to consider a request from Nemmers Cedar Ridge Farm Limited Partnership to rezone property at 1061 Cedar Cross Road, from CS Commercial Service and Wholesale to C-3 General Commercial, and Zoning Advisory Commission recommending approval. SUGGESTED DISPOSITION: ATTACHMENTS: Description ZAC Letter to Council Ordinance Application Vicinity Map Staff Report ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 1061 Cedar Cross Road from CS Commercial Service and Wholesale District to C-3 General Commercial District Suggested Disposition: Receive and File; Motion B; Motion A CS Commercial Service Zoning Regulations C-3 General Commercial Zoning Regulations Letter of Opposition Type Staff Memo Ordinance Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Planning Services Department Dubuque City Hall THE CF 50 West 13th Street Dubuque, IA 52001-4864 DUjB� �I�AN01gf®d 1(563) I1 I 589-4210 phone I 1 (563) 589-4221 fax 563 690-6678 TDD ( > Masterpiece on the Mississippi zoo7�zoiz•zo13 2017*2019 planning@cityofdubuque.org April 6, 2023 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 Applicant: Nate Runde and Tim Ertl Location: 1061 Cedar Cross Road, PIN 103425001 Description: To rezone property from CS Commercial Service and Wholesale to C-3 General Commercial. 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 Jennifer Clemons -Conlon spoke on behalf of the applicant and spoke in favor of the request, stating the applicant is the potential future owner, and the sale is contingent on being able to rezone the property. She said the applicant is expecting either a car wash or coffee shop to be developed and requires the flexibility that comes with rezoning to C-3. She said Cedar Cross is a commercial corridor with CS Commercial Service and C3 General Commercial zoning districts throughout the area and that the rezoning should not have a substantial impact on the neighborhood or traffic. She addressed a concern from a neighbor about drainage, stating she was of the understanding that any development on the site would require site plan review by the city and would require to be in compliance with all city codes including stormwater and access. Staff reviewed the staff report, noting the applicant was seeking a rezoning from CS to C-3 and that C-3 allows 57 uses and CS allows 38. Staff noted the proposed uses of a coffee drive-thru and carwash are listed as permitted uses in the C-3 district. Staff said the lot does have shared access and that any site development would require review from the Development Review Team. Staff noted that there was an email that was provided to the Commission in general opposition and that he received a phone call with a general inquiry from the adjacent property owner to the south. There were no public comments. The Zoning Advisory Commission discussed the request finding it appropriate. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 Recommendation By a vote of 7 to 0, the Zoning Advisory Commission recommends that the City Council approve the request. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, Matt Mulligan, Chairpe(so Zoning Advisory Com ' ' sion Attachments cc: John Nemmers, Nemmers 500 Sunset Ridge, Dubuque, IA 52003 Service People Integrity Responsibility Innovation Teamwork Prepared by: Wally Wernimont City Planner Address: City Hall, 50 W. 13th St Telephone: 563-589-4210 Return to: Adrienne N. Breitfelder, City Cleric Address: City Hall, 50 W. 13th St Telephone: 563-589-4121 ORDINANCE NO. 17-23 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1061 CEDAR CROSS ROAD FROM CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT 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 CS Commercial Service and Wholesale District to C-3 General Commercial District, to wit: Lot 1 Cedar Ridge Farm Place No. 20 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 17th day of April, 2023. Gjad r,.r�r gMayor Attest: Adrienne N. Breitfelder, City Clerk dotloop signature verification: THE CRY OF Du-B Masteipiece on the Mississippi MAR 11 2023 City of Dubuque Planning services Department Dubuque, IA 52001-4845 Phone: 563-589-4210 Fax: 563-589-4221 plan in @91tY9f igbNgg&rg APPLICATION O• Zonino Advisory Zoning Board of Develooment Services Historic Preservation Commission Commission Adiustment ❑ Annexation [I Demolition Review ❑ Amended PUD ❑ Conditional Use Permit ❑ Limited Setback Waiver ❑ Historic Revolving Loan Rezoning/PUD/ID ❑ Special Exception ❑ Site Plan Simple ❑ Certificate of Economic Non -Viability Text Amendment ❑ Variance ❑ Site Plan Minor ❑ Design Review Certificate of ❑ Simple Subdivision ❑ Appeal ❑ Site Plan Major Appropriateness ❑ Preliminary Plat ❑ Simple Subdivision ❑ Advisory Design Review (Public ❑ Major Final Plat ❑ Temporary Use Permit Projects) ❑ Minor Final Plat ❑ Port of Dubuque/ ❑ Historic Designation ❑ Waiver from Site Chaplain Schmitt Island Design Standards Design Review , Pkase complete the applicable secdons below. Please type orprintlegibly. A. Property Information 10(21 Site Location/Address: in J ra f Legal Description/Parcel ID#/Subdivision: Existing Zoning: y ti Proposed Zoning: Lo— Iq Site Area (square feetiacres); 75/ 94-5 79/A4-+S Historic District:-andmark: ❑ Yes 19440 B. Describe proposal and reason for application (attach a letter of explanation, if necessary): C. Applicant/Agent Information % Name: G +'e-.-Ii�GO'('. / '% � M C d"r iii, Phone: Address: ®� 0 25 SAc 4kPl �6)L cb'atrt City: 1) LA, Lu (A r State: Ar Zip: s Cj(? �_ Email: y✓`,CA A Cm I , cc) m _A 'a-w `FHrTr./2TL��lp¢mGi rl,G pr✓t D. Property Owner(s) Information C7' nMPMM12Y9-j� ��pp Name(s): IUYmma�c i°�,� V�.)aD`^r^ I_t n.-I-edp �}'navl.�Phone: J��o��C�i��SC'.rj Address: SO) Srjn SP-'r an jq o City: - u.L ar --C 11 /1 State: TA Zip: 5D61)3 Email: �t'tarnpp PrS (� i�t,a�.),�n� yCOrv� E. Certification: I/we, the undersigned, do hereby certify/acknowledge that: �J 1. Payment does not guarantee approval and fees are nonrefundable; 2. All additional required written and graphic materials are attached; 3, It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants; and 4. The information submitted he 'n-ise e a rrect to the best of my/our knowledge and upon submittal becomes public record. Applicant/Agent: Date: Property Owner(s): a1eb"""°°°k''�" •� Date: S - LP Index CEDAR RIDGE FARM PLACE NO. 16 CITY OF DUBUQUE, IOWA FILE NO. 2020-4335 DUBUQUE COUNTY RECORDER'S OFFICE Proprietor: I Nemmers Cedar Ridae Farm Limited Partnership PHONE: (563)556-2464 DIIIIIIIIIIIIIIIINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID: 011040030004 Type: GEN Re0orSURVEY PLAT Recorded: 1t/14/2022 at 03:47:52 PM Fee que 522.00 Paae 1 of 4 John ri. County Iowa John Nurphy Recorder FLLe2022-00013875 PLAT OF SURVEY LOT 1 & LOT 2 OF CEDAR RIDGE FARM PLACE NO. 20 IN THE CITY OF DUBUQUE, IOWA GRAPHIC SCALE 0 100 200 ti DATE OF SURVEY: BERARE 21, 022 .9� TOTOCTAL TOTAL AREA SURVEYED: VEY y 3.361 ACRES i"=100' DRAWING MAY HAVE BEEN REDUCED - FOUND LOT 3, CRFP 110. 2 & LOT 1-4. CRFP NO. 3 3/4' REBAR R.O. W. W/YELLOW < • N4 '57'56"E 408.84' LINE PLASTIC CAP NO.14414 p°T2 C5 1 \ O 1 REB R ACRES NO CAP 4O�FgSgMq \ 1.741 75,845 So FT U NEW 36' WIDEDRIVEWAY 110 20 ``�,FtiT N51'01'07"W d EASEMENT V ° BOSS 14 5' (SHADED g�,9�9 30'75' N51'01'05"E 18'A1 cl N1/2-NE-SW, 6ro _ 432.74' SECTION 34, CO• i89N, R2E O `V� / 28.95' �is' $g;Q. . Lf 1 18'j e� 1 SANITARYPERANENSEWER 6 g5 cRES NO AR CAP / ECU EASEMENT: FILE 701.,5 /2 NO.2019-4620 S38.59'41"E 36.77' S51'02'43"W 547.77' — / y R.O.W. LOT 1-1. CRFP NO. 16 NOTE THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS, AND RIGHTS -OF -WAY OF RECORD AND NOT OF RECORD. LEGEND PROPERTY BOUNDARY LOT/RIGHT-OF-WAY LINE EASEMENT LINE SECTION UNE CRFP CEDAR RIDGE FARM PLACE R.O.W. RIGHT-OF-WAY ( ) RECORDED AS FOUND 5/8' IRON REBAR ■ WITH RED PLASTIC CAP NO. 12631 OR AS NOTED O SET 5/8" IRON REBAR WITH RED PLASTIC CAP NO. 12631 0 Q O N 3 00 X ¢ 0 e Qv LLJ U CURVE TABLE WRVS 015TANCE RADIUS DELTA CHORD BEARING CHORD DISTANCE CI 110.73' 1112.92' 15'59' 49" S46'5e 08'E 309.72' C2 107.10' 1112.92' 5'30' 49' N41'4S 39'W 107.05' C3 203.63' 1112.92' 10'29' 00" N49'43' 34"W 203.3C C4 1e0.4i 1112.92' 9' 17 27" N49' 07' 47'W 180.27' C5 2&16' 111292' 1' 11' 33' N54' 22' 7TW 23.16' 11nnn111N.... H I HERDrY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED G Wq �,i�� AND THE RELAMO SURVEY WORK WAS PERFORMED BY ME OR UNDER MY - DIRECT PERSONAL SUPERMAON AND THAT I AM A DULY LICENSED LAND origin SURVEYOR UNDER THE LAWS OF THE STAW OF IOWA c = JOHN M. = c FOR nW P.C. TRANMER = e= design* LS 12631 °-LOI/LH.�-/)A- a/Z/ZZ SW 656-4491 ERlglnde egncom N JOIN M. TRAMFR DA > � AWN JMT PV.T N0. A-1A-21 '��!yT(•Q "•�, `�"' SJp�"•� ULENSE N0. 12631 MY LICENSE RENEWAL OAT: IS 12/31/2022 CNECKIND DMK PROD. NO. =721 LAND 11•p SHEETS 1 & 2 DALE 11-2-22 SHEET 1 of 2 H11nN1N11111 PAGES OR SHEETS COVERED BY TITS SEAL P.\22\]Dp\]21\DRN%ND5\9JRVEYY22M PAT ZZ00()D06AD6i 51`1 Loi :. llu�_, Iowa NOt-uA"Y I'D 2022 The foregoing plat of Lot 1 & Lot 2 of Cedar Ridge Farm Place No. 20 In the City of Dubuque, Iowa, is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of said real estate. Cam.( P�Gs~ State of Iowa ) ss: County of ) I, undersigrn*edd,, notary publkc� m and for a county and state aforesaid, hereby certify that JLia., ILL- on eXS 1T hc5f; er rsonally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that as such owners, they executed the foregoing instrument as their free and voluntary act for the purposes and uses herein set forth. A notarial a" of this '� day of ��vat JOHN T NE VERS COMMISSION NUMBER 06W MY COMMISSION EXPIRES 207 T /WJP September 22, 2024 PLANNING SERVICES // Dubuque, Iowa //' 6 .2022 The foregoing plat of Lot 18 Lot 2 of Cedar Ridge Farm Place No. 201n the City of Dubuque, Iowa, or within the two•milejurisdiction of the City of Dubuque, Iowa, as defined under Section 354 of Die Code of Iowa, has been reviewed by the City Planner, (or designee) of the City of Dubuque in accordance with Article 11: Land Subdivision of the City of Dubuque Unified Development Code, and said approval has been endorsed herein on the date first written above. COUNTY AUDITOR Dubuque, Iowa 1 9 , 2022 The foregoing plat was entered of record in the office of the Dubuque County Auditor this day, of MOAm5E� 2022. We approve of the subdivision name or title to be recorded. Kevin Dragotto County Auditor of Dubuque, Iowa CITY ASSESSOR Dubuque, Iowa ? �' O V 2022 The foregoing pat was entered of record in the office of the Dubuque City Assessor this `� r" day of re ESE �' Troy Patrne>� Dubuque City Assessor RECORDER'S CERTIFICATE Dubuque, Iowa IUOy. 1 titt,' '2022 The foregoing plat of Lot 1 & Lot 2 of Cedar Ridge Farm Place No. 20 in the City of Dubuque, Iowa, has been reviewed by the Dubuque County Recorder. do�kA aw;�" John Murphy jd.._ Dubuque'' County Recorder AG a s� ar3o LI 1.1 9Ooa C-3 9� CS 900� • 9CFTi3 900H /� CSC C= q�p C-3 C-3 City of Dubuque, I Vicinity Map o �? F N� P� gSeURrR ENNSYLVAN AAVE DODGEST J .n SwgRTFRiq Applicant: Nate Runde and Tim Ertl Location: 1061 Cedar Cross Road, PIN 1034254001 Description: To rezone property from CS Commercial Service and Wholesale to C-3 General Commercial. ■■ ■ ■ Subject Property City Limits 0 75 150 300 N A Feet 1:2,000 REZONING STAFF REPORT Zoning Agenda: April 5, 2023 Property Address: 1061 Cedar Cross Road Property Owner: Nemmers Cedar Ridge Farm Limited Partnership Applicant: Nate Runde and Tim Ertl Description: To rezone property from CS Commercial Service and Wholesale to C-3 General Commercial. Proposed Land Use: Commercial Proposed Zoning: C-3 Existing Land Use: Vacant Existing Zoning: CS Adjacent Land Use: Adjacent Zoning: North — Commercial/Industrial North — LI/CS East — Commercial East — CS/C-3 South — Vacant South — CS West — Commercial West — CS Former Zoning: Property was annexed around 1980. AG in the 1975 Zoning Map (1980 Amendment) CS in the 1985 Zoning Map (1996 Amendment) Total Area: Approximately 1.7 acres Property History: The property was annexed into the city limits in 1980 and was brought in as AG Agriculture. It was then rezoned in 1996 to its current zoning district CS Commercial Service. The property has remained vacant, and fill has been used in some portions of the property. Physical Characteristics: The subject property is approximately 1.7 acres in area and is a single vacant parcel that is at -grade with the Cedar Cross Road right-of-way at the front and drops off substantially to the rear. Concurrence with Comprehensive Plan: The Comprehensive Plan goals promote commercial development where it will not impact the quality of life in adjacent residential neighborhoods. The goals also recommend being responsive to market demands and the needs of residents by providing key retail and employment centers. The proposed rezoning would create the opportunity for a variety of commercial uses along an already existing commercial corridor and would provide retail and employment opportunities to area residents. Future Land Use Map — Commercial Rezoning Staff Report — 1061 Cedar Cross Road Page 2 Impact of Request on: Utilities: City water is available along Cedar Cross Road and sanitary sewer is available via a utility easement at the rear of the property. Those utilities provide adequate service to the subject property. Traffic Patterns/Counts: The most recent Iowa Department of Transportation traffic counts indicate an average daily traffic count of 9,900 vehicle trips along Cedar Cross Road which is classified as a `minor arterial' on the Iowa DOT's Iowa Traffic Data map. Site access is restricted to an already approved location. Any development on the subject site and neighboring property would require sharing a driveway off Cedar Cross Road. Public Services: Public services such as emergency services and trash collection are adequate to serve the site regardless of the use. Environment: The site is currently vacant. Any changes to the site must be reviewed through the development review process known as Development Review Team (DIRT). The DIRT is comprised of multiple City Departments including Engineering, Planning, Water Distribution, Fire, Police, Housing & Community Development, and Leisure Services. Development plans are reviewed by all relevant departments regarding access, parking, grading, screening, paving, park land, stormwater management, water connection, sanitary sewer connection, fire safety, and more. Staff does not anticipate any adverse effects on the environment as any impact would be mitigated through the review processes above. Adjacent Properties: The subject parcel is bordered by light industrial uses to the north, and commercial uses to the east, south and west. The property is located along an existing commercial corridor classified as a `minor arterial'. The requested rezoning is also considered a to be an expansion of an existing zoning district. Even though some uses in the C-3 district cater more to retail and service uses that may introduce marginally more local traffic than uses permitted in the CS zoning district, the rezoning to C-3 zoning district is not anticipated to have a substantial impact on the adjacent properties. CIP Investments: None. Staff Analysis: The applicant proposes to rezone the subject property from CS Commercial Service and Wholesale to C-3 General Commercial to increase the allowable uses for the property to make it more marketable. The property was annexed into the city limits in 1980 and was brought in as AG Agriculture. It was then rezoned in 1996 to its current zoning district CS Commercial Service. The property has remained vacant, and fill has been used in some portions of the property. The subject property is approximately 1.7 acres in area and the subject property is a single vacant parcel that is at -grade with the Cedar Cross Road right-of-way at the front and drops off substantially to the rear. Rezoning Staff Report — 1061 Cedar Cross Road Page 3 The most recent Iowa Department of Transportation traffic counts indicate an average daily traffic count of 9,900 vehicle trips along Cedar Cross Road which is classified as a `minor arterial' on the Iowa DDT's Iowa Traffic Data map. Site access is restricted to an already approved location. Any development on the subject site and neighboring property would require sharing a driveway off Cedar Cross Road. The subject parcel is bordered by light industrial uses to the north, and commercial uses to the east, south and west. The property is located along an existing commercial corridor classified as a `minor arterial'. The requested rezoning is also considered a to be an expansion of an existing C-3 zoning district. Even though some uses in the C-3 district cater more to retail and service uses that may introduce marginally more local traffic than uses permitted in the CS zoning district, the rezoning to C-3 zoning district is not anticipated to have a substantial impact on the adjacent properties. As there is no specific proposal related to this rezoning request, it is important to note that any of the uses in the C-3 zoning district would be permitted. Both the C-3 and CS zoning sections are attached. Any proposed alteration to the property requires an approved site plan which is reviewed through the development review process known as Development Review Team (DRT). The DIRT is comprised of multiple City Departments including Engineering, Planning, Water Distribution, Fire, Police, Housing & Community Development, and Leisure Services. Development plans are reviewed by all relevant departments regarding access, parking, grading, screening, paving, park land, stormwater management, water connection, sanitary sewer connection, fire safety, and more. Staff does not anticipate any adverse effects on the environment as any potential impacts should be mitigated through the review processes above. Planning staff recommends that the Zoning Advisory Commission review the information provided and make a recommendation on the proposed rezoning to the City Council in accordance with Chapter 16-9-5 of the Unified Development Code and the criteria established for granting a zoning reclassification. Prepared by�:� Reviewed: Date: 03/29/23 Section 2-Land Use Regulations Chapter 5: Zoning Districts Auto part sales or service Furniture or home furnishing sales General office Resource recovery/ recycling center TH8 CRY OF 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 primari- ly 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 and higher density residential development. 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 10. Freight transfer facility 11. Fuel or ice dealer 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 21. Off street parking lot 22. Office supply 23. Pet daycare or grooming 24. Printing or publishing 25. Processing or assembly 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 36. Licensed child care center 37. Registered Child Development Home 38. Commercial Greenhouse 5-16.2 Conditional Uses The following conditional uses may be permitted in the CS district, subject to the provi- sions of Section 8-5: 1. Licensed adult day services Section 2—Land Use Regulations Chapter 5: Zoning Districts 2. 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 Chapter 14. 5-16.6 Signs Signs shall be regulated in conformance with the provisions of Chapter 15. 5-16.' y --- Lot Area i F!E e ' — perLy Lot Wlidth Lot Frontage Street Bulk Regulations --.�- ----------------- z ` F3oild le Area i Front 5etback Street Midpoint Height T-1-1 5hed Roof Midpoint Height Gable or Hip Roof { beckline Relight 177 Mansard or Gambrel Roof - _TH ighest Level Height ! !at of r VCTror IUCTF E Section 2-Land Use Regulations Chapter 5: Zoning Districts 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: Department store 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 kk�t, 7. Bar or tavern 8. Barber or beauty shop 9. Business services I' 10. Carwash, full service C 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 Indoor amusement 18. Gas station arcade 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 Mini warehouse 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 t 42. Residential use above the first floor only 43. Restaurant, drive in or carryout 44. Retail sales and service 'MV CC OF IUCTF 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 56. Commercial Greenhouse 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. TH8 CRY OF Section 2—Land Use Regulations Chapter 5: Zoning Districts Licensed adult dayservices, Licensed child care center 5,000 50 50 20 --- --- --- 40 Vehicle sales 20,000 --- --- 20 --- --- --- 40 AI I Other Uses --- --- --- 20 --- --- --- 40 When abutting a residential or office -residential district, a 20 foot side setback is required. When abutting a residential or office -residential district, a 20 foot rear setback is required. 5-13.7 Bulk Regulations F3urldaWA*61----- - I I -- Reclurred Front 5 tba AL - Street T Midpoint Height Shed Roof Mrdpornt Height Gable or Hip Roof Decklrne 1lerght f7] Mansard or Gambrel Roof H rghest Level Height F� Flat K..f r VCTror IUUTF E Matt O'Brien From: Sent: To: Subject: John F Steger <newfluv@aol.com> Tuesday, April 4, 2023 4:58 PM Planning Rezoning of 1061 Cedar Cross Road, PIN 103425400 Caution! This message was sent from outside your organization. Allow sender I Block sender Because of the random zoning and rezoning of the Cedar Cross business area we are against any singular changes to the area. Most times it results in damage to our property by water runoff, trash distribution on our property and sever drainage problems. These items need to be address before isolated zoning changes are instigated. Please feel free to examine the property with us! Dr. John F. Steger 11367 North Cascade Road Dr. Heyo Tjarks 11371 North Cascade Road 563 599-4794 STATE OF IOWA SS: DUBUQUE COUNTY %-t,x'f IFICATF OF PUBLICATION I, Kathy Goetzinger, a Billing CIerk 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: 04/07/2023 and for which the charge is 51.65 Subsc 'bed to before me, a Notary Public in and for Dubuque County, Iowa, this 7th day of April, 2023 K/ e0 Notary Publ n and for Dubuque County, Iowa. rPOAL g J NET K. PAPE zy commission Number 199689 My Commission Expires * +owA 1211112025 Ad text : CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct public hearings on the 17th day of April, 2023, 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 James P. Gantz for property located at Northwest Arterial, PIN 1010476002 to rezone property from AG -Agriculture to Planned Unit Development with PR -Planned Residential zoning designation. 2. Request from John and Dianne Brehm for property located at Brehm Acres to rezone property from County R-1 Single -Family Residential to City Planned Unit Development with PI Planned Industrial designation concurrently with annexation into the City of Dubuque. 3. Request from Nate Runde and Tim Ertl to rezone property located at 1061 Cedar Cross Road, PIN 1034254001 from CS Commercial Service and Wholesale to C-3 General Commercial. 4. Request from Affordable Housing Network Inc. to rezone property located at 900 Alta Vista Street from ID Institutional to OR Office Residential. 5. Request from Scott Kwiecinski, Horizon Development to rezone property located at 1301 Central Avenue from C-4 Downtown Commercial to OR Office Residential. TEXT AMENDMENT 1. Request from the City of Dubuque to amend the Unified Development Code Section 16-11-7: Application Requirements and Review Process and 16-12-6: Off -Site Improvements regarding the evaluation of off -site impacts of subdivision and site plan developments. 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.com/AgendaPublic/ or by contacting the City Clerk's Office at 563-589-4100, etyclerk@cityofdubuque.org. Written comments regarding the above public hearings may be submitted to the City Clerks 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 Clerk's 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 4/7 4/17/2023 Public Hearing #3 ORD #17-23