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Zoning 840 Roosevelt R. DavisPrepared by: Laura Carstens, City Planner Address: 50 W. 13th St,, City Hall Telept ORDINANCE NO. -02 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 840 ROOSEVELT FROM R-1 SINGLE FAMILY RESIDENTIAL DISTRICT TO CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) is hereby amended by reclassifying the hereinafter described property from R-1 Single-Family Residential District to CS Commercial Service and Wholesale District, to wit: Lot 179, Lot 180 and Lot 181 of O'Neill Addition to north of Dubuque, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. 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 ,2002. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk PIannLng Services Department City Hah 50 West 13th Street Dubuque, Iowa 520014864 (563) 5894210 office (563) 5894221 fax (563) 690-6678 TDD plmmlng@cityof dubuque.or g April 8, 2002 RE: Rezoning Applicant: Location: Description: The Honorable Mayor and City Council Members © ,~ City of Dubuque ~ ~' City Hall - 50 W. 13th Street ~ ~ .' Dubuque IA 52001 F~ ~' ~ ~ >¥ -17 Randy Davis ~ ~ 840 Roosevelt Street To rezone property from R-1 Single-Family Residential District to CS Commercial Service and Wholesale 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 he requested the rezoning to allow him to acquire a dealer license and open a used car lot. He noted he has owned the property for six years, and has operated Davis Towing at the site as a legally non- conforming use. Staff reviewed the zoning enforcement history of the property and surrounding zoning and land use. Staff noted that auto repair, towing and a mobile home have been ongoing legally non-conforming uses at this location. Three neighboring property owners spoke in opposition to the rezoning request, indicating that the uses allowed by the CS district would adversely impact their property, new houses have been built in the area, and a used car lot rs not appropriate. The Zoning Advisory Commission discussed the request, noting that the property is adjacent to an odd intersection with three streets and that a used car lot could adversely impact adjacent property. The Commission also felt the allowed uses in the CS District were too intense for the neighborhood. Recommendation By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council deny the request. Sm'vice People Integrity Responsibility Ilmovalion Teamwork The Honorable Mayorand City Council Membem Rezoning-840 Roosevelt ApHI8,2002 Page 2 A simple majority vote is needed for ~he City Council to concur with the denial. A three- fourths majority vote is needed to approve the request. Respectfully submitted, g Bird, Jr., Chairperson Zoning Advisory Commission City of Dubuque Planning Services Department Dubuque IA 52001-4864 Phone: 319-589-4210 Fax: 319-589-4149 PLANNING APPLICATION FORM [3 Variance [] Conditional Use Permit [] Appeal [] Special Exception [] Limited Setback Waiver XRezoning [] Planned District [] Preliminary Plat [] Minor Final Plat [] Text Amendment [] Simple Site Plan o 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 Address: (~2;/-7/~ ,/~00-~ ~/L/- Phone: City: b/.~)OFg~' State:-'-~'/~ Zip: Fax Number: Applicant/Agent Address: Mobile/Cellular Number. Phone: City: State: ,-- Zip: Fax Number: Mobile/Cellular Number: Site Iocetion/address: F/'~0 ~O¢~'~' Existing zoning: R-/ Proposed zoning:. C ~ Historic district: A//O Landmark: Legal description (Sidwell Parcel ID number or lot number/block number/subdivision): /¢-/c~- -- Total property (lot) area (square feet or acres): /~,, f~ 0 0 Number of lots: Descdbe proposal and reason necessary (attach a letter of explanation, if needed): CERTIFICATION: I/we, the undersigned, do hereby certify that: becomes public record; 2. Fees are not refundable and payment does not guarantee approval; and 3. All additional re(zaired writtefC'alnd graphic materials are attached. Preperht Owner{s):. Applicant/Agent: The information submitted herein is true and correct to the best of my/our knowledge and upon submittal Date: FOR OFFICE USE ONLY - APPLICATION SUBMITTAL, CHECKLIST Docket: [] Property ownership list [] Site/sketch plan [] Floor plan [] Plat [] Conceptual development plan [] Improvement plans [] Design review project description [] Photo [] Other. I have been in the automotive business for the last 18 years. Ihave been operating at this location for 6 years. As the property owner, I am requesting a zoning change to expand my present business. Prior to my being here the property was an automotive business for at least 25 years. There has been other auto industry in the area for at least 50 years; Boyes Auto Wrecking is directly across the street. I do not feel a clean, respectable auto sales lot would depreciate from the neighborhood. I would appreciate the rezoning committee to give this some serious consideration. I have also contacted Officer Stacey Rockwell of the Iowa DOT, upon preliminary conversation, this property will fulfill all the requirements to facilitate an auto dealership. Thank you HI SALEM ST ~20 Proposed Area to be Rezoned Applicant: Randy Davis Location: 840 Roosevelt Street Description: To rezone property from R-1 Single-Family Residen- tial District to CS Commercial Service and Wholesale District. REZONING STAFF REPORT Zoning Agenda: April 3, 2002 Property Address: Property Owner: Applicant: 840 Roosevelt Road Randy Davis Randy Davis Proposed Land Use: Commercial/Residential Proposed Zoning: CS Existing Land Use: Commercial/Residential Existing Zoning: R-1 Adjacent Land Use: North -Industrial East - Single-Family Residential South - Single-Family Residential West- Multi-Family Residential Adjacent Zoning: North -HI East - R-1 South - R-1 West -PR Former Zoning: 1934 - County; 1975 - R-2; 1985 - R-1 Total Area:14,000 sq.ft. Property History: The property was annexed to the City in 1979. The City Building Department and City Assessor's records for this property are incomplete; however, it appears that the property served as a commercial garage site sometime before its annexation in 1979. The property has served as an auto repair shop and a towing service in the past, and is currently a towing service. There is also a legally non- conforming mobile home on the property. Physical Characteristics: The subject property is an approximately 14,000 square foot triangular-shaped lot, bounded by Salem Street, Roosevelt Road, and public alley right- of-way. A portion of the lot slopes steeply from Salem Street down to Roosevelt Road. There is approximately 20 feet of grade change on the subject property. Concurrence with Comprehensive Plan: The Comprehensive Plan makes no recommendations for this property. Impact of Request on: Utilities: Existing utilities are adequate to serve the site. Traffic Patterns/Counts: Iowa Department of Transportation 1997 annual average daily traffic counts indicate 4,300 vehicle trips per day directly north of the intersection of Roosevelt, Salem Street and Peru Road. Public Services: Existing public services are adequate to serve the site. REZONING STAFF REPORT Page 2 Environment: Staff does not anticipate any adverse impact to the environment because the property has been continually used as a commercial use. Adjacent Properties: If fully developed, some of the uses permitted in a CS District may have a negative impact on those residential properties that lie to the south and east of the subject property. ClP Investments: None proposed. Staff Analysis: The applicant is proposing to rezone an approximately 14,000 square foot parcel located at the intersection of Roosevelt Road, Salem Street and Peru Road from R-1 Single-Family Residential zoning district to CS Commercial Service district. At the time the subject property was annexed to the City it was a commercial contractor's building. Various activities have been undertaken at this location, including auto repair and auto towing service. There is also a legally non-conforming mobile home on a small portion of the lot that is accessed from Salem Street. If the rezoning request is approved, this residence would remain a non-conformity. Because this property is currently zoned R-l, it is limited to the legal non-conforming commercial uses of auto repair and towing service. The applicant would like to develop an auto sales lot, which is not an existing non-conformity and, therefore, requires a rezoning. The range of uses permitted in a CS District may have additional impacts primarily on the adjacent residential properties. This is also a relatively small (14,000 square foot) lot with access close to the intersection of Peru Road and Roosevelt Street. CITY OF DUBUQUE, IOWA _ OFFICIAL NOTICE NOTICE is hereby given that the Dubuque City Council wilt conduct a public hearing at 4 meeting to commence at 6:30 P.M. on June 17, 2002, in the Public Library Auditorium, 360 West 11th Street, to consider amending Appendix A (the.. Zoning Ordinance) of the City of Dubuque Code of Ordi- nances by rezoning hereinaf- ter described property located at 840 Roosevelt Street from R-1 Single -Family Residential District to CS Commercial Service and Wholesale Dis- trict, as requested by Randy Davis. (Copy of supporting _ documents are on file in the City Clerk's Office and may be viewed during normal working hours.) Written comments regarding above reclassification may be submitted to the City Clerk's Office on or before said time of public hearing. At said time and place of. public hearing all interested citizens and parties will be given an opportunity to be' heard for or against said reclassification. Any visual or hearing im- paired persons needing spe- cial assistance or persons with special accessibility' needs should contact the City__ Clerk's Office at (563) 589- 4120 or TDD (563) 589-4193 in the Human Rights Department at least 48 hours prior to the meeting. /s/Jeanne F. Schneider, CMC City Clerk 1 t 6/8 STATE OF IOWA DUBUQUE COUNTY { SS: CERTIFICATION OF PUBLICATION TAMMY M. FELDMANN 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 J f.1 n e ?� , 20 C , and for which the charge is $ %. 5.5 Subscribed to before motary Public in and for Dubuque County, Iowa, this //i' day of 20 0.., Notary ublic in and for Dubuque ount Iowa a VARY K. WE$TERMEYER Commission Number 154885 My Comm. Exp. FEB. 1, 2005 / 0741,44, cD !NJ Tfl 17) m 0