Request to Rezone Property on Cedar Crest Court_Hearing Copyrighted
May 15, 2017
City of Dubuque Public Hearings # 3.
ITEM TITLE: Request to Rezone Property on Cedar Crest Court
SUMMARY: Proof of publication to consider approval of a request from
UFit Properties, LLC to rezone property on Cedar Crest
Court (PI N# 1034251031)from CS Commercial Service to
C-3 General Commercial to accommodate a fitness
business 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 on
Cedar Crest Court 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
City Hall b�LiJF" THE CITY OF
50 West 13th Street � + DT T� E
Dubuque,IA 52001-4864 , III U
(563)589-4210 phone
(563)589-4221 fax mo,.mn-an> Masterpiece on the Mississippi
(563)690-6678 TDD
planning@cityofdubuque.org
I
May 4, 2017
The Honorable Mayor and City Council Members
City of Dubuque
City Hall — 50 W. 13th Street
Dubuque IA 52001
Applicant: UFit Properties, LLC
Location: Cedar Crest Court (vacant lot)
Description: To rezone property from CS Commercial Service and Wholesale District to
C-3 General Commercial to allow a fitness business
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's representative spoke in favor of the request, reviewing the proposed
rezoning, explaining the planned fitness business for the site, and reviewing similar
businesses that already exist along Cedar Cross Road.
Staff reviewed the staff report, noting surrounding zoning and land uses, allowed uses
in the C-3 and CS Districts, access to the site and existing traffic volumes. Staff also
reviewed similar rezoning requests in the area.
There were no public comments.
The Zoning Advisory Commission discussed the request, and asked if access to the
property has been reviewed for compliance with City standards. Planning staff
indicated the Engineering Department has reviewed the proposed access and has no
objection pending review and approval of a site plan.
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.
Service People Integrity Responsibility Innovation Teamwork
The Honorable Mayor and City Council Members
Page 2
Reessp-e"cttffuullly_ submitted,
Thomas Henschel, Chairperson
Zoning Advisory Commission
Attachments
i
cc: Gus Psihoyos, City Engineer
Service People Integrity Responsibility Innovation Teamwork
i
THE CITY OF City of Dubuque
DT TT Planning Services Department
Dubuque,IA 52001-4805
Masterpiece on the Mississippi Phone: 563-589-4210
Fax: 563-589.4221
plann i ngCobcityofd u bua ue.ora
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 Choose one
❑Limited Setback Waiver ❑Minor Site Plan ❑Historic Revolving Loan ❑Demolition
(]Rezoning/PUD/ID ❑Major Site Plan ❑Historic Housing Grant ❑Port of Dubuque Design Review
Please type or Print legibly in in
Property owner(s):Nemmers Cedar Ridge Farm Limited Partnership Phone: 608-748-5084
Address:3074 County Z City:Hazel Green State:W1 Zip:53811
Fax#:NIA Cell #: 608-748-5084 E-mail: docandruthie@frontiernet.net
Applicant/Agent: UFit Properties, LLC Phone: 563-451-8209
Address:1899 Creek Wood Drive City:Dubuque State:IA ZiP:52003
Fax#:N/A Cell #:563-451-8209 E-mail: tristan313@gmail.eom
site location/address:Cedar Crest Court (Vacant Lot) Neighborhood Association: N/A
Existing zoning: CS Proposed zoning: C-3 District:N/A Landmark: E]Yes K No
Legal Description (Sidwell parcel ID#or lot number/block number/subdivision): 1034251031
Total property(lot)area (square feet or acres): 1 .08 acres; 47,045 SF
Describe proposal and reason necessary(attach a letter of explanation, if needed):The applicant Is seeking
zoning reclassification from CS to C-3 so that said applicant can open a fitness business
pending sale of the property from the property owner to said applicant.
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.
Property Owner(s): - Date: March 29, 2017
,��
Applicant/Agent: Date: March 29, 2017
I
FOR OFFICE USE ONLY—APPLICATION SUBMITTAL CHECKLIST
Fee: 1• Received by: lel Date)7�1-1Docket:
��
15 z.7
XKs KINTZINGER • HARMON KONRARDY
An Iowa Professional Limited Company
Darin S.Hartnont Established in 1897
Dean J.Konrardy* ATTORNEYS AT LAW
Brian W.Peters Telephone
Kelsey Streinz 563-588-0547
Michael G.Pagel 100 West 12"Street
Facsimile
P.O.Box 703 563-588-1981
Dubuque,Iowa 52004-0703
*Also licensed in Illinois Website
tAlso licensed in Wisconsin kintzlaw.com
Charles A.Kintzinger
(1925-1999)
Thursday, March 30, 2017
Via Hand Delivery
City of Dubuque
Planning Services Department
50 West 13" Street
Dubuque, IA 52001-4864
RE: ZONING RECLASSIFICATION APPLICATION
Dear Sir or Madam:
We represent UFit Properties, LLC, in relation to its application for zoning reclassification
of a vacant lot on Cedar Crest Court(Parcel ID# 103425103 1)from CS to C-3. Although our client
is not the owner of said real estate, it has entered into a purchase agreement with the current owner,
Nemmers Cedar Ridge Farm Limited Partnership. The transaction is contingent on zoning
reclassification. Please find enclosed the Planning Application Form that has been signed by both
the property owner and the applicant. Payment for the application fee is also included. For your
reference,we further enclose documentation indicating each signatory's authority to sign on behalf
of his respective business entity.
It is our intention to have this matter set for public hearing on May 3,2017,before the Zoning
Advisory Commission. Please let us know if you require further documentation.
Sincerely,
KINTZINGER HARMON KOONRARDY P.L.C.
By: \
ichael G. Page
Michael.Pagel@kintzlaw.com
Enclosures
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Applicant
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City of Dubuque
Applicant: UFit Properties, LLC
Location: Cedar Crest Court
(PIN# 1034251031)
Description:To rezone from CS
! Commercial Service to C-3 General
Commercial to accommodate a
fitness business.
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REZONING STAFF REPORT Zoning Agenda: May 3, 2017
Property Address: Lot 1 of 3, Cedar Ridge Farm Place #7 (Parcel #10-34-251-031)
Property Owner: Nemmers Cedar Ridge Farm Partnership
Applicant: UFit Properties, LLC.
Proposed Land Use: Fitness Center Proposed Zoning: C-3
Existing Land Use: Vacant Existing Zoning: CS
Adjacent Land Use: North — Commercial Service Adjacent Zoning: North —LI
East— Recreational East— CS
South— General Commercial South—C-3/PC
West—General Commercial West— C3
Former Zoning: 1934—County AG Total Area: 1 Acre
1975—AG Agricultural
1985 — LI Light Industrial
Property History: The property historically was a farmstead and under agricultural production
and was rezoned and subdivided in 1984. The property has remained vacant until the present.
Physical Characteristics: The subject property is a level, 1 acre lot with approximately 250 feet of
frontage along Cedar Cross Road. There is no vegetation currently on the lot.
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: IDOT 2013 data indicates 9,100 average daily vehicle trips along
Cedar Cross Road in front of the subject property. Access to the property will be taken
from Cedar Cross Road. Development of this property should generate little additional
traffic relative to the overall traffic along Cedar Cross Road.
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 and storm water management is provided during all phases of
development.
Adjacent Properties: The subject property is located along a busy commercial corridor and
is bordered by retail and commercial service uses. The bulk regulations and parking
Rezoning Staff Report- Lot 1 of 3, Cedar Ridge Farm Place#7
Page 2
requirements for both the CS Commercial Service district and the C-3 General Commercial
district are similar. Development 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 level, 1 acre lot located on Cedar Cross
Road from CS Commercial Service and Wholesale district to C-3 General Commercial district to
facilitate development of a fitness center. The subject property is located along the Cedar Cross
Road commercial corridor and is surrounded by retail commercial and commercial services
business activity. The property is located adjacent to a contractor's shop and gas
station/convenience store and tennis center and across the street from two multi-tenant
commercial buildings.
The proposed fitness center will take access from Cedar Cross Road and will be required to
provide required parking, landscaping and storm water management. The amount of traffic,
activity and demand on parking generated by the proposed facility may be slightly higher than
what could be generated by the uses currently permitted in the CS district. However, the impact
on the overall traffic volume on Cedar Cross Road should be minimal.
Planning staff recommends the Commission review the criteria established in Article 9.5 of the
Unified Development Code regarding property reclassification.
Prepared by: Reviewed: <' Date: •z�'
Section 2-Land Use Regulations Article 5: Zoning Districts
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
miss
The following uses are permitted in the C-3 district:
�♦�tl 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
I
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. as station
Indoor amusement 19. General office
arcade 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
r 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 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
THE(l1YOF
DUB E
i
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.
rxErnvor
DUB E
Prepared by: Laura Carstens. City Planner Address: City Hall. 50 W. 13th St Telephone: 589-4210
Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589-4121
ORDINANCE NO. 20-17
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED ON CEDAR CREST COURT
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 of 3 Cedar Ridge Farm Place #7, 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 15th day ofay, 2017.
Roy D: Bu
Attest:
7
1."17.1.
Keviti S. Firnstahl/City Clerk
ayor
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 lowa 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 $15.04.
Subscribed to before rne,a Notary Public in and for Dubuque County, Iowa,
this day of , 20 /7
Age
'otary Public in and
ubuque County, Iowa.
A
MARY K WESTERMEYER
Commission Number 154885
My Commission Exp. Feb. i, 2020
• OFFICIAL
PUBLICATION ,
ORDINANCE NO.20-17
AN ORDINANCE
AMENDING TITLE 16
OF THE CITY OF
DUBUQUE CODE. OF
ORDINANCES, ,UNI -
RED: DEVELOPMENT
CODE, BY RECLAS-
SIFYING HEREINAF-
TER DESCRIBEDI'PR,01J,-
PERTY LOCATEDON7i
CEDAR CREST COURT
FROM CS COMMER-
CIAL - SERVICE AND
WHOLESALE DIS,
TRICT TO C-3 GEN-
ERAL COMMERCIAL
DISTRICT
NOW, THEREFORE, BE
Tr, DRPAIfIED BY THE
CITY „COUNCIL OF THE
• CIT)r 'OF ,DUBUQUE,
10Wk.'
Section 1. That Title
16: of the . City ! of
Dubuque Code: of
Ordinances, Unified
Development Code, is
hereby amended by
reclassifying the here-
inafter4described pro-
perty from CS Com-
mercial Service and
Wholesale District to,C-
3 General Commercial
1 District, to wit:
Lot 1 of 3 Cedar Ridge
FarM Place #7, 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 Ordi-
nance shall take effect
immediately upon pub-
lication as provided by
law.
Passed, approved and
adopted this 15th day
of May, 2017.
/s/Roy D. Buol, Mayor
Attest's/Kevin 5.
Firnstahl, City Clerk
Published officially in
the Telegraph Herald
newspaper on the 19th
day of May, 2017:
/s/Kevin 5. Firnstahl,
City Clerk
1t5/19