Zoning 2727 Dodge, Bev MillerPlanning Service~ Department
City Hall
50 West 13ffi Street
Dubuque, Iowa 520ffi~864
(563) 589-4210 office
(563) 5894221 fax
planning~cityoffiubuque.org
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque, IA 52001
RE: Rezoning
Applicant: Beverly Miller
Location: 2727 Dodge Street
Description:
September 17, 2001
To rezone property from C-2 Neighborhood Shopping Center District to C-3
General Commemial 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, indicating that the front portion of the property is
currently zoned C-3. The applicant stated that rezoning to C-3 would allow for a greater range
of potential uses and is consistent with surrounding zoning.
Staff reviewed surrounding zoning and land use, and noted that a similar request was denied
in 1994.
Two neighboring property owners spoke in opposition to the request, indicating they were
concerned that some of the permitted uses in C-3 would adversely impact the single-family
neighborhood surrounding Cmyden Crest. Possible adverse impacts cited by the neighbors
were noise, lights and trash.
The Zoning Advisory Commission discussed the request, noting that the C-3 distdct is
intended to be located along highways and arterials, while the C-2 district is more appropriate
when a residential street is nearby, such as in the present case.
Recommendation
By a vote of 7-0, the Zoning Advisory Commission recommends that the City Council deny the
request.
A simple majodty vote is needed for the City Council to deny the request. A super majodty
vote is needed for the City Council to approve the request.
Respectfully Submitted,
Eugene Bird, Jr., Chairperson
Zoning Advisory Commission
Service People Integrity Responsibiliiy Innovation Temrtwotk
City of Dubuque
Planning Services Department
Dubuque IA 52001-4864
Phone: 319-589-4210
Fax: 319-589-4149
[3 Vadance
[3 Conditional Use Permit
[] Appeal
[] Special Exception
[] Limited Setback Waiver
PLANNING APPLICATION FORM
[~'l~ezoning
[] Planned District
o Preliminary Plat
m Minor Final Plat
r~ Text Amendment
[] Simple Site Plan
[3 Minor Site Plan
[] Major Site Plan
[~ Major Final Plat
o Simple Subdivision
[3 Annexation
[] Temporary Use Permit
[] Certificate of Appropriateness
[3 Certificate of Economic Hardship
[] Other:.
PLEASE TYPE OR PRINT LEGIBLY IN INK
City:
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State: ~'./~ Zip: ~,.~
Mobile/Cellular Number:
Applicant/Agent: Phone:
Address: City: State: __ Zip:
Fax Number. Mobile/Cellular Number.
Sitelocation/address: ~3.1'~ ,:,~y0(~ ~LJ:)O~-. (/UO ~/~
Existing zoning: C q~. Proposed zoning: ~-."~ Historic district: JO/~ Landmark:
Legal description (Sidwell Parcel ID number or tot numbedblock number/subdivision):
l
Total property (lot) area (square feet or acres): Number of lots:
Descdbe proposal and reason necessary (attach a let[er of explanation, if needed):
Prope Owner(s):
Applicant/Agent:
CERTIFICATION: I/we, the undersigned, do hereby certify that:
1. The information submit[ed 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 wdt[en and graphic materials are at[ached.
Date: ¢-~'~
Date:
FO. OFF,CE
Fee:~;,,~,~-O0 R*eivedby: ~ I ~' Date: ~7~!~' Docket:
~ ~or plan o Plat ~ Conceptual development plan
a Pro~ ownership list/a Site/sketch plan
a Improvement plans a Design review proje~ description a Photo D Other:
OR
C-1
,G
C-3
DODGE ST
Proposed area to be rezoned
Applicant: Beverly Miller
Location: 2700 Block of Dodge
(Sid's Beverage)
Description: To rezone property
from C-2 Neighborhood Commercial
District to C-3 General Commercial
District.
REZONING STAFF REPORT Zoning Agenda: October 3, 2001
Property Address:
Property Owner:
Applicant:
2727 Dodge Street
Beverly Miller
Beverly Miller
Proposed Land Use: Commercial
Proposed Zoning: C-3
Existing Land Use: Commercial
Existing Zoning: C-2
Adjacent Land Use:
North - Residential
East- Residential
South - Commercial
West - Commercial
Adjacent Zoning: North - R-2
East- R-1
South - C-3
West - C-3
Former Zoning:
1934 - Business A; 1975 - C-2; 1985 - C-2 Total Area: 2 acres
Property History: A commercial building was built on this site with access to Dodge
Street by means of a private driveway, which abuts two single-family homes. Sid's
Beverage is currently located in that building.
Physical Characteristics: The subject property is fairly level but drops steeply to the
west to the Catfish Creek drainage area. Visibility of this site from Dodge Street
(Highway 20) is limited due to a rock outcropping to the east.
Concurrence with Comprehensive Plan: The 1995 Comprehensive Plan did not
designate this area.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site.
Traffic Patterns/Counts: The subject property has frontage on U.S. Highway 20,
which is a principal arterial and carries approximately 35,000 ADT in this section,
based on 1997 IDOT traffic counts.
Public Services: Existing public services are adequate to serve the site.
Environment: Staff does not anticipate any adverse impact to the environment
provided adequate erosion control is provided dudng ali phases of construction.
Adjacent Properties: The proposed rezoning does represent an increase in the
intensity of allowed commercial development. The subject property is already
REZONING STAFF REPORT Page 2
used for commercial use (Sid's Beverage). The area between Sid's Beverage and
U.S. Highway 20 could be developed for additional commercial uses and would
utilize the existing private drive that also serves the single-family residential home
at 2735 Dodge Street, which is presently owned by the applicant.
CIP Investments: None anticipated.
Staff Analysis: The C-3 Distdct is intended to provide commercial uses, which are
designed to serve the motoring public or uses requiring highway arterial locations. The
types of commercial uses allowed in the district would be similar to those currently
established along John F. Kennedy Road. The applicant has requested rezoning of the
portion of her property that is currently zoned C-2 Neighborhood Shopping Center
District. The front portion of the property is already zoned C-3 General Commercial,
Access to this site is by means of Dodge Street via a private driveway. Any future
development of this site would require submittal and approval of a site plan. Planning
staffwould recommend that if the Zoning Advisory Commission is concerned about the
extent of the area being requested for rezoning, that the Zoning Advisory Commission
does have the authority to rezone less than the total parcel to C-3 General Commercial.
Section 6-1.1 of the Zoning Ordinance requires that to reclassify a property it must
show the original classification was a mistake or that circumstances and conditions
affecting the property have changed so as to demand reclassification in the public
interest.
Prepared by: ~'/~f;~ Reviewed: ~'/~'/O/' Date:
Prepared by: Laura Carstens C' Planner Address: 50 W. 13th St. City Hall Telephone: 589~4210
ORDINANCE NO. -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 AT 2727
DODGE STREET FROM C-2 NEIGHBORHOOD SHOPPING CENTER DISTRICT
TO C-3 GENERAL COMMERCIAL DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. Appendix A of the Zoning Ordinance of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying the hereinaffer-descdbed property as
shown in Exhibit A, and to the center line of the adjoining public right-of-way, all in the
City of Dubuque, Iowa from C-2 Neighborhood Shopping Center to C-3 General
Commercial District.
Section 2. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as
provided by law.
Passed, approved and adopted this day of
,2001.
Attest:
Terrance M. Duggan, Mayor'
Jeanne F. Schneider, Ci~Cle~