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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 4b ro,R r' , y`1: .'` f, /��-._.-:. /� . V �'`.dk; \t, "'V•`r °rg u, t H, y; THE CITY OF Dubuque y DUB E r ,,� •, : ,, ,,,� Masterpiece on the Mississippi I � Vicinity Map ,M1 , � r. Applicant Property V 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. Legend , • ®Applicant Property Dubuque Are This information compiled 9rhe a Gdocrapho Information Syrithern IS "n Imesbsloos l Itlhyboth N Glyph' tl `. !! + A.• ! '! r,._ Ii"'— •(' Cf" } Dubuque pyrzl�orsel mn nu he m�ost corren� enaeccamutsralo�merona 'Ime�Aclsenenr.swpllers tlo N 3 1M1 , �� r r: m' tlnh .m City and radical 919 ies It'd A .. �` N (^ M1 r" h tied llam r ydirect a -incidental, q�emal. i punitive andual damages,whether foreseeable f - ,� ,�.fy a. ^ ,+- 1 ^r 1" e . .s' unforeseeable, r o mmme oe - a tmany v .1f nlveaaraormenehulrrr aanrne date plant many mento orweranry whatsoever n �� � r" Ma f;r�ated'by Ity of Dri-1 la,I loop on 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