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Request to Rezone 175 North Crescent Ridge_Hearing Copyrighted May 15, 2017 City of Dubuque Public Hearings # 2. ITEM TITLE: Request to Rezone 175 North Crescent Ridge SUMMARY: Proof of publication on notice of public hearing to consider approval of a request from Lisa Hammel to rezone property at 175 N. Crescent Ridge from CS Commercial Service to C-3 General Commercial to accommodate retail sales and services and the Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 175 North Crescent Ridge from CS Commercial Service and Wholesale District to C-3 General Commercial District SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type ZAC Letter Staff Memo Applicant Materials Supporting Documentation Staff Materials Supporting Documentation Ordinance Ordinance Proof of Publication Supporting Documentation Suggested Motion Wording Supporting Documentation Planning Services Department Dubuque 11 City Hall THE=OF 50 West13f Street I tN' 7"�TT�Dubuque,IA 52001-4864 I r L U(563)589-4210 phone (563)589-4221 fax M•mu•so Masterpiece on the Mississippi (563)690-6678 TDD plannin cityofdubuque.org May 4, 2017 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street DubuquelA 52001 Applicant: Lisa Hammel Location: 175 N. Crescent Ridge Description: To rezone property from CS Commercial Service and Wholesale District to C-3 General Commercial to accommodate a retail sales and service use. 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, Lisa Hammel, spoke in favor of the request, reviewing the location of the property, proposed use of the property and surrounding businesses. The property owner, George Saffran, spoke in support of the request and reviewed existing uses of the building. Staff reviewed the staff report, noting surrounding zoning and land use, previous use of the site, and access. Staff reviewed the difference in allowed uses between CS and C- 3 zoning districts. Staff reviewed that anticipated traffic generation will not adversely impact adjacent properties. There were no public comments. The Zoning Advisory Commission discussed the request, and found it appropriate. Recommendation By a vote of 6 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, Thomas Henschel, Chairperson Zoning Advisory Commission Attachments Service People Integrity Responsibility Innovation Teamwork THE CRY OF ig City of Dubuque DT T� Planning Services Department LJ Dubuque,11 52001-4805 Masterpiece on the Mississippi Phone: 563-589-4210 Fax: 563-589-4221 planning 1�cityofdubuque org PLANNING APPLICATION FORM ❑Variance ❑Preliminary Plat ❑Simple Subdivision ❑Certificate of Appropriateness ❑Conditional Use Permit ❑Major Final Plat ❑Text Amendment ❑Advisory Design Review(Public Projects) ❑Appeal []Minor Final Plat ❑Temporary Use Permit ❑Certificate of Economic Non-Viabilitv ❑Special Exception ❑Simple Site Plan ❑Annexation ❑Historic Designation Cheese one ❑Limited Setback Waiver ❑Minor Site Plan ❑Historic Revolving Loan ❑Demolition ERezoning/PUD/ID ❑Major Site Plan ❑Historic Housing Grant ❑Port of Dubuque Design Review Please type or Print legibly in ink_ Property owner(s): George M. Saffran Address: 13123 English Mill Road City:Dubuque State: IA Zip:52003 Fax#: Cell #: E-mail: Applicant/Agent: Lisa Hammel Phone: 563-543-2442 Address: 17094 Chicory Street City:Dubuque scare: lA zip: 52001 Fax#: Cell #: E-mail: Site location/address: 175 N. Crescent Ridge Neighborhood Association: N/A CS C-3 N/A Existing zoning: Proposed zoning: District: Landmark: ❑Yes ®No Legal Description(Sidwell parcel ID#or lot number/block number/subdivision): 10.28.177.003 Total property(lot)area(square feet or acres):Approximately 100,000 sq ft Describe proposal and reason necessary(attach a letter of explanation, if needed): To rezone the property from CS Commercial Service to C-3 General Commercial to accomodate a retail sales& service use. 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 ,and graphic materials are attached. PropertyOwner(s): Date: Xl W�V�� I✓ 3 a�- Applicant/Agent: V 1 Date: FOR OFFICE USE ONLY-APPLICATION SUBMITTAL CHECKLIST Fee: $411.00 Received by: Date:41 y•/ 7 Docket: c�ck�li353 - i.. +as rHF ci rY or Dubuque ol, �+ DUB &TE �����► Masterpiece on the Mississippi r--1 Vicinity Map Applicant \ �• f Mt • 4.., r Propert t ' _ City of Dt jue Applicant: Lisa Hammel Location: 175 N. Crescent Ridge . . ie;,?. Description:To rezone from CS Commercial e 4,•_ Service to C-3 General Commercial to accommodate retail sales and services. Legend Y n ®Applicant Property ,• i I I � Il F.r - zUWRbCuqWueIMsnEpiTerthllsdpInfllnmp egloenndwesscullAmZpM'llelU M1e mesMl ce Dubuque saaGClMmmemf ( u stash M1 Inlubdata prospect W WMbe fMb,uaeso LbuqueCwnty Itin ootlthee. lthat"Cryo ntlaccurelel Vmaihe DGiSantlrsbo wm2MIMchoorss,or cweOry ofN Information ordatacoMacted rumr.The Qtyentl p0Mtlp01n,a0 hatno l beM1eltlllmaqCreR)dtlcredential, sectum l of punNx or special ,�■rI,.,rV,\ \l\ \ \\\ damages,wheither forsomparts or Is ♦ unforeseeebk erivng oW MIM1 WM1 - b Nonzetl �,.. uzeollMZ data orthe'nablllyl se No data or-t ofeny breach of wermnry whelsoever. - - M;Ip I iru.l h�;l�l �i _II iNlquu GI)- REZONING STAFF REPORT Zoning Agenda: May 3, 2017 Property Address: 175 North Crescent Ridge Property Owner: George M. Saffron Applicant: Lisa Hammel Proposed Land Use: Retail Sales Proposed Zoning: C-3 Existing Land Use: Vacant Commercial Building Existing Zoning: CS Adjacent Land Use: North — Pet Cemetery/Vacant Adjacent Zoning: North —CS/PR East—Commercial Service East—CS/PC South— Commercial Service South —CS West—Vacant West— PR Former Zoning: 1934— County AG Total Area: 2.3 Acres 1975—County AG 1985—CS Commercial Service Property History: The property was historically vacant or under agricultural production until it was subdivided and rezoned in 1986. The Dubuque County Humane Society built an animal shelter on the subject property in 1992. The DCHS relocated in 2013 and the building has remained vacant or underutilized until the present. Physical Characteristics: The subject property is an approximately 2.3 acre lot with an approximately 1acre level area that accommodates a 13,000 square foot building and 24 surface parking spaces. The balance of the property is steeply sloped falling approximately 30 feet in elevation to the Catfish Creek flood plain. The property has a single access from its 250 feet of frontage along North Crescent Ridge. Concurrence with Comprehensive Plan: The Land Use and Urban Design element of the City's Comprehensive Plan states: "To promote a compatible mix of land uses" and to "To buffer and protect incompatible uses from each other." The 2030 Future Land Use Plan calls for this property to be developed for light industrial uses. Impact of Request on: Utilities: Existing utilities are adequate to serve the site Traffic Patterns/Counts: North Crescent Ridge is a dead-end street terminating is a cul-de- sac. There are only two contractor's shops and a motorcycle dealership that take access from North Crescent Court. There are no traffic counts for North Crescent Ridge. ]DOT 2013 data indicates approximately 30,000 average daily vehicle trips along both the east and west bound lanes of Dodge Street at the lighted intersection with North Crescent Ridge. A retail sales business should generate slightly more traffic than businesses permitted in a CS district; however, have negligible impact on traffic volumes at the Dodge Street intersection. Rezoning Staff Report - 175 North Crescent Ridge Page 2 Public Services: Existing public services are adequate to serve the site. Environment: Staff does not anticipate any adverse impact to the environment as the site is almost fully developed. Any additional development will be required to provide adequate erosion control and storm water management during all phases of construction. Adjacent Properties: The subject property is located along a relatively quiet cul-de-sac and is bordered by wooded hillside, floodplain and retail and commercial service businesses. The bulk regulations and parking requirements for both the CS Commercial Service district and the C-3 General Commercial district are similar. Redevelopment of the subject property for any of the uses permitted in the C-3 district should have little negative impact on the adjacent properties. CIP Investments: None proposed. Staff Analysis: The applicant is proposing to rezone a sloping 2.3 acre lot located on North Crescent Ridge from CS Commercial Service and Wholesale district to C-3 General Commercial district to permit retail sales. The subject property is located on a relatively quiet cul-de-sac and is bordered by wooded hillside, floodplain and retail and commercial service businesses. Approximately 1acre of the lot is level and accommodates a 13,000 square foot building and 24 surface parking spaces. The balance of the property is steeply sloped falling approximately 30 feet in elevation to the Catfish Creek flood plain. The proposed retail sales business will be accessed from a single driveway on to North Crescent Ridge. The amount of traffic, activity and demand on parking generated by the businesses permitted in the C-3 district may be slightly higher than those permitted in the CS district. However, the potential impact on the overall traffic volume at the intersection with Dodge Street should be minimal. Any significant redevelopment of the property will require that the site be compliant with current design standards including landscaping and storm water management. Planning staff recommends the Commission review the criteria established in Article 9.5 of the Unified Development Code regarding property reclassification. Prepared by: Reviewed: J��� ��l Date: Z(o Section 2-Land Use Regulations Article 5: Zoning Districts i 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 n� The following uses are permitted in the C-3 district: .. Eke tt Y 1. Agricultural supply sales 2. Animal hospital or clinic 3. Artist studio Department store 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 ® 1 15. Department store(60,000 square feet maximum) 16. Farm implement sales or service 17. Furniture upholstery or repair 18. Gas station Indoor amusement 19. General office 20. Grocery store area 21. Hotel 22. Indoor amusement arcade 23. Indoor recreation facility 24. Indoor restaurant 25. Indoor theater 26Laundry,dry cleaner, or laundromat RMedical 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 park, golf course, or similar natural recreation area 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 Vehicle sales 45. School of private instruction or rental TXEQ OF DUB E Section 2—Land Use Regulations Article 5:Zoning Districts 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 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. Licensed child care center 3. Outdoor recreation or outdoor amusement center 4. Passenger transfer facility 5. 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 Article 14. 5-13.6 Signs Signs shall be regulated in conformance with the provisions of Article 15. THECRY OF DUB E Prepared by: Laura Carstens, City Planner Address: Citv Hall. 50 W. 13th St Telephone: 589-4210 Return to: Kevin Firnstahl. City Clerk Address: Citv Hall- 50 W. 13th St Telephone: 589-4121 ORDINANCE NO. 19-17 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 175 NORTH CRESCENT RIDGE 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 C-2 Commercial Service and Wholesale District to C-3 General Commercial District, to wit: Lot 1 of 3, Block 2 of Tschiggfrie Commercial Subdivision, 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 15th day o `, ay, 2017. Attest: Kevin S. Ijirnstahj, ity Clerk Roy D. BuolMayor STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Cleric for Woodward Communications, Inc., an Iowa corporation,publisher j of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: May 05, 2017, and for which the charge is $29.39. I i i II Subscribed to before me, Notary Public in and for Dubuque County, Iowa, this- —day of , 20_Z7 . 'i CITY OF DUBUQUE OFFICIAL NOTICE j NOTICE is�hereby given that the Dubuque3500 Dodge Street, to Notary Public in and for Dubuque County, Iowa. City Council will con- duct public hearingsati amend the Warren a meeting to com- Plaza PUD to permit a mence at 6:00 p.monsecond free- standing j Monday, May 15,2017,. sign. in the Historic Federal I Co eq un tyrimrom Credit Dutrac "`+r MARY K WESTERMEYER Building Council Cham- Union,- 3465 Asbury, bers (second floor), ' Commission Number 154885 350 West 6th Street,on Road, to amend I the I the following: Dutrac Community I My Commission Exp.Feb.1,2020 Rezonings Credit Union PUD to I Request from Lisa modify screening re- Hammel to rezone pro- quirements. perty at 175 N. copies of supporting Crescent, Ridge from 1 1 oc duments for the CS Commercial Service Public hearings are on to C-3 General Com- file in the City Clerk's mercial to accom Office and, may be p modate_retail ales"and viewed during normal services. working hours. Request from LIM Written comments Properties, LLC to regarding the above rezone property on'I public hearings may be Cedar Crest Court submitted to the City- (PIN# 1034251031) Clerk's Office,50 W.13 from CS Commercial Street„ on or before Seryice'to C-3 General 1° said time, of public Commercial to accom hearing. At said time modate a fitness and place of public hearings all�;interested business. -,' Request from Dubu- 11 citizens and parties que Racing Association will be given an 11 to rezone Chaplain opportunity to ,be; p heard for or against`' Schmitt Island and the surroundingMissis- said actions.; sippi River and P ss's- Any visual or'hearingsta ' Channel from HI Heavy impaired persons need- industrial and CR ing special assistance Commercial Recreation or persons with special ' to Planned Unit accessibility. needs_' Development with a should contact the City Planned - Commercial Clerk's Office at (563) Designation. 589-4100 or TDD/TTY Planned Unit (563)690-6678 at least Development (PUD) 48hours prior to the Amendments 1 meeting. Kevin S.Firnstahl,CMC Request from Chick Fil-A / Anchor Sign, City Clerk it 5/5 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: May 19, 2017, and for which the charge is $15.26. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this day of 20 rotary Public in and for Dubuque County, Iowa, r ARY K WESTERMEYER MmIsslon Number 154885 My Commission Exp. Feb.1 , 2020 OFFICIAL PUBLICATION ORDINANCE NO. 19-17 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE QF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLAS- SIFYINGHEREINAF- TER DESCRIBED PRO- PERTY LOCATED AT 175 NORTH CRES- CENT RIDGE FROM CS COMMERCIAL, SER- VICE AND WHOLE- SALE DISTRICT TO I c_ 73 GENERAL com- MERCIAL 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 here- inafter -described pro- perty from C-2 Com- mercial Service and Wholesale District to C- 3 General Comniercial District, to wit: Ldtl. of 3, Block 2 of Tscriiggfrie Commer- cial Subdivision, to the centerline of the adjoin- ing public right,of-way, all in the City of Diibuque, 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 effeet immediately upon publication as Provided by law. PasSed, approved and adopted this 15th day of May, 2017: /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstabl,,City,Clerk PubliShed.offielally in riewSoVer‘j'elfifiZ I9-th day Of May,' 2611: ' (S/Kevin S. Firnstahl, City Clerk It'5/19