Loading...
Klauer - Kebbie Rezoning to C-3Planning Services Department C~ty Hall 50 West 13th Street Dubuque, Iowa 520012A~64 (563) 589-4210 office (563) 5s9-4~ planningg~cityofdubuque.org September 7, 2001 The Honorable Mayorand City Council Members City of Dubuque City HalI-50W. 13~ Street Dubuque IA 52001 RE: Rezoning Applicant: Roger Klauer Location: Along the East and West Sides of Kebbie Drive Proposal: To rezone property from R-1 Single-Family Residential District and R-4 Multi- Family Residential District to C-3 General Commercial District. Dear Mayor and City Council Members: The City of Dubuque Zoning Advisory Commission has reviewed the above-cited request. The application, staff report and related materials are attached for your review. Discussion The applicant spoke in favor of the request stating the property is adjacent to commercial zoning on three (3) sides, has been on the market for many years and that he has never received a realistic offer to purchase. The applicant indicated that the current R-4 zoning is no longer appropriate for the site. Staff reviewed surrounding zoning and land use and provided a sketch from the Engineering Division that showed how Bies and Sylvan Drives could be realigned. There were several neighbors who spoke in opposition to the request because of concerns that development of the subject property for commercial uses will increase traffic and noise in the neighborhood. The Zoning Advisory Commission discussed the request, noting that commercial zoning next to single-family homes can create adverse impacts. The Commission discussed possible conditions that would mitigate the adverse impacts associated with commercial zoning. Recommendation By a vote of 7-0, the Zoning Advisory Commission recommends that the City Council approve the request subject to the following conditions: 1. That access from Kebbie Drive to the commercial property be eliminated. 2. That access to the commercial property be limited to only Century Drive. The Honorable Mayor and City Council Members September 7, 2001 Page 2 3. That a 20-foot wide green space buffer be provided along the common boundary with the R-1 Single-Family Residential Zoning District. 4. That a six (6) foot high stockade fence with 100% opacity be installed and arborvitae planted along the fence with five feet spacing and a minimum of three feet in height at planting. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, Eugene Bird, Jr., Chairperson Zoning Advisory Commission Attachments Prepared by: Laura Carstens~ City Planner Address: City Hall, 50 W. 13th Street Telephone: 589-4210 ORDINANCE NO. 56-01 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED ALONG KEBBIE DRIVE FROM R-4 MULTI-FAMILY RESIDENTIAL DISTRICT AND R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT, WITH CONDITIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property as shown in Exhibit A, and to the center line of the adjoining public rights-of-way, all in the City of Dubuque, Iowa, from R-4 Multi-Family Residential Distdct and R-1 Single-Family Residential Distdct to C-3 General Commercial District, with conditions described in the Memorandum of Agreement. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, 10wa. Section 3. by law. Passed, approved and adopted this 17th day of September, 2001. Attest: This ordinance shall take effect immediately upon publication, as provided Terrance M. Duggan, Mayor Jeanne F.Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. 56-01 I, Roger G. Klauer, joint property owner, having read the terms and conditions of the Ordinance No. 56 -01 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated this .18th day of October ,200'1 /s/ Roger G. Klauer ACCEPTANCE OF ORDINANCE NO. 56-01 I, Kathleen M. Sullivan, joint property owner, having read the terms and conditions of the Ordinance No. 56 -01 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated this 19th day of October ,2001 /s/ Kathleen M. Sullivan ACCEPTANCE OF ORDINANCE NO.56-01 l, Pamela A Thole, joint property owner, having read tile terms and condifions of the Ordinance No.. 56 -01 and being familiar with the conditions thereof, hereby accept this same and agree b~ [fie ~.~nditions required therein. Dated this 18th day of October, 2001. /s/ Pameia A. Triolo MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (1993), and as an express condition of rezoning of the property described as shown in Exhibit A: Shown in Exhibit A, and to the centerline of the adjoining public righ~s-of-way, all in the City of Dubuque, iowa. which is the subject of Ordinance No. 56 -01, a copy of which is attached hereto and incorporated herein by reference, the undersigned property owners, agree to the following conditions, all of which the property owner further agrees are reasonable and are imposed to satisfy public needs which are caused directly by the rezoning: A) Performance Standards: The following performance standards shall apply to the subject property: That access from Kebbie Drive to the commercial property be eliminated. 1) 2) A temporary access is allowed to Bies Drive. When the intersection of Century Drive and Bies Drives is reconstructed to provide access to the commercial property from Century Drive, the propeffy owner will be required to move the access from Bies Drive to Century Drive at the owner's expense. 3) That a 20-foot wide green space buffer be provided along the common boundary with the R-1 Single-Family Residential Zoning District. 4) That a six (6) foot high stockade fence with 100% opad~y be installed and arborvitae p~anted along the fence with five feet spacing and a minimum of three feet in height at planting along the common boundary with the R-1 Single-Family Residential District. B) Reclassification of the Sub{ect Properly. The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the R-4 Multi-Family Residential Zoning District (which rezoning will include the removal of the performance standards in Section A above) if the property owner fails to complete any of the conditions or provisions of this Agreement. C) Modifications. Any modifications of this Agreement shall be considered a zoning reclassification and shall be subject to the provisions of the Zoning Ordinance governing zoning reclassifications. All such modifications must be approved by the City Council of Dubuque, Iowa. D) Recordin.q. 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 after the adoption of Ordinance No. 56-01. E) Construction. This Agreement shall be construed and interpreted as though it were pert of ~,ppendix A of the Code of Ordinances of the City of Dubuque, also known as the Zoning Ordinance of the City of Dubuque, Iowa. F) This Agreement shall be binding upon the undersigned and his/her heirs, successor and assignees. MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (1993), and as an express condition of rezoning of the property described as shown in Exhibit A: Shown in Exhibit A, and to the centerline of the adjoining public rights-of-way, all in the City of Dubuque, Iowa. which is the subject of Ordinance No. -01, a copy of which is attached hereto and incorporated herein by reference, the undersigned property owners, agree to the following conditions, all cf which the property owner further agrees are reasonable and are imposed to satisfy public needs which are caused directly by the rezoning: Performance Standards: The following performance standards shall apply to the subject property: 1) That access from Kebbie Drive to the commercial property be eliminated. 2) That access to the commercial property be limited to only Century Drive. 3) That a 20-foot wide green space buffer be provided along the common boundary with the R-1 Single-Family Residential Zoning District. 4) That a six (6) foot high stockade fence with 100% opacity be installed and arborvitae planted along the fence with five feet spacing and a minimum of three feet in height at planting along the common boundary with the R-1 Single-Family Residential District. Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the R-4 Multi-Family Residential Zoning District (which rezoning will include the removal of the performance standards in Section A above) if the property owner fails to complete any of the conditions or provisions of this Agreement. c) Modifications. Any modifications of this Agreement shall be considered a zoning reclassification and shall be subject to the provisions of the Zoning Ordinance governing zoning reclassifications. All such modifications must be approved by the City Council of Dubuque, Iowa. 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 after the adoption of Ordinance No. -01. E) Construction. This Agreement shall be construed and interpreted as though itwere part of Appendix A of the Code of Ordinances of the City of Dubuque, also known as the Zoning Ordinance of the City of Dubuque, Iowa. F) This Agreement shall be binding upon the undersigned and his/her heirs, successor and assignees. R-4 R-1 N PC Proposed area to be rezoned Proposed Applicant: Roger Klauer Location: 9 Vacant Lots along the east and west sides of Kebbie Drive Description: To rezone property from R-1 Single-Family Residential District and R-4 Multi-Family Residential District to C-3 General Commercial District. REZONING STAFF REPORT Zoning Agenda: September 5, 2001 Property Address: Preperty Owner: Applicant: 9 vacant lots along the east and west sides of Kebbie Drive Multiple owners Roger Klauer Proposed Land Use: Existing Land Use: Adjacent Land Use: Former Zoning: Property History: Commercial Vacant North - Residential/vacant East - Commercial South - Commercial Proposed Zoning: C-3 Existing Zoning: R-l/R-4 Adjacent Zoning: North - R-1 East - C-3/PC South - PC West - Multi-Family Residential/Commercial West - R-4/C-3 1934 - Single-Family; 1975 - R-2; 1985 - R-4 Total Area: 2.25 acres The property at one time was used as part of a mobile home park; however, since construction of Kennedy Mall, the property has been vacant. Physical Characteristics: The subject parcel is relatively fiat and has frontage on Bies Ddve. The property is comprised of nine (9) vacant lots and backs up to the Kennedy Malt Movie Theaters, Concurrence with Comprehensive Plan: The 1995 Comprehensive Plan did not include this area. Impact of Request on: Utilities: Existing utilities are adequate to serve the site. Traffic Patterns/Counts: Kebbie Drive is an unimproved platted right-of-way for the portion included in this rezoning request. Bies Drive is classified as a local residential street. There are no traffic counts available, Public Services: Existing public services are adequate to serve the site, Environment: Staff does not anticipate any adverse impact to the environment provided adequate storm water and erosion control are provided during all phases of construction. REZONING STAFF REPORT Page 2 Adjacent Properties: Staff would anticipate that development of the parcels for commercial use would increase average daily vehicle trips and increase ambient light and noise. CIP Investments: The City of Dubuque plans to realign Bies Drive and Sylvan Drive near their intersection with Century Drive. The project will create a new three-way intersection that includes eliminating the current "S" curve in Sylvan Drive. Staff Analysis: The applicant is requesting rezoning of property currently zoned R-4 Multi-Family Residential and a small portion of property zoned R-1 Single-Family Residential to C-3 General Commercial. The subject property is located adjacent to Bies Drive and immediately west and south of the Kennedy Mall property. The subject property has been for sale and vacant for many years. The property is bordered by commercial property on three of the four sides with single-family residential zonings to the north. Property to the east and south is zoned Planned Commercial and is owned by the Cafaro Company, owners of the Kennedy Mall. The property to the east is zoned C-3 General Commercial and R-4 Multi-Family Residential. The subject propeK~j is in a transition area between the commercial developments along Century Drive, the Kennedy Mall property and the former Imperial Lanes commercial building at the end of Stoneman Road, which backs up directly to the subject parcels. Multi-family zoning has been applied to this property since 1975 as R- 2 Two-Family and since 1985 as R-4 Multi-Family. Prior to 1975, the parcel was zoned for single-family residential. For over 30 years, the parcel has been zoned for residential uses, and as of this date, no development has occurred on this parcel. Planning staff recommends that the Zoning Advisory Commission review Section 6-1.1 of the Ordinance that establishes criteria for reviewing rezoning requests, which in part stipulates that rezoning should be considered where either the original zoning can be considered a mistake or that conditions affecting the property have changed so much over the years that rezoning is warranted. P.pared by: 7//// Reviewed: ~_///~ Date: ',,,x// NORTH City of Dubuque Planning Services Department Dubuque IA 52001-4864 Phone: 319-589-4210 Fax: 319-589~t149 r~ Variance [] Conditional Use Permit [] Appeal [] Special Exception ~ Limited Setback Waiver PLANNING APPLICATION FORM ~ezoning [] Planned Disthct [] Preliminary Plat [] Minor Final Plat [] Text Amendment [] Simple Site Plan [] Minor Site Plan [] Major Site Plan [] Major Final Plat [] Simple Subdivision [] Annexation [] Temporary Use Permit [] Certificate of Appropriateness [] Certificate of Economic Hardship [] Other: PLEASE TYPE OR PRINT LEGIBLY IN INK Property Owner(s): Address: Fax Number: ApplicantJAgent: City: Phone: Mobile/Cellular Number: State: " Zip: Phone: State:.Z'Qr~ Zip: Address: ,.~! '/~'~' ~__ City: ~)/¢~/~uC Fax Number: Mobile/Cellular Number: Site location/address: .Se g, ,~¢~.~,,./~;r' $~eg:.~ Existing zoning: J~-~ Proposed zoning: (--.~ Historic district: Legal description (Sidwell Parcel ID number or lot numbedblock number/subdivision): Total property (lot) area (square feet or acres): O/¢-~ oc.~e.4t ..~,~,=,-~' Number of lots: ?/ Describe proposal and reason necessary (attach a letter of explanatio[~, if needed): /e ~F'e~' ¢~-/~c~e.~/ ,,,~-"'/-~_. Landmark: .5'ce ~'~c,~,~' CERTIFICATION: Ifwe, the undersigned, do hereby certify that: The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record; Fees are not refundable and payment does not guarantee approval; and All additional required written and graphic matarials are attached. Property Owner(s): Ap plica n tJAg e n t: ,~------~ii~ =~.) %:~%z'0~ Date: Date: FOR OFFICE USE QNLY - APPLICATION SUBMITTAL CHECKLIST Fee: Received by: ~/~ Date: 7/,,,~4¢'~/' Docket: [] Property ownership list [] Site/sketch plan (~ Floor plan [] Plat m Conceptual development plan [] lmprovement plans [] Design review project descdption [] Photo [] Other: /75q$ T~.,,,het-,,y CF.