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Zoning 2531 JF Kennedy - SpearPlanning Serv/ces Department City Hall 50 West 13th Street Dubuque, Iowa 520014864 (563) 589-4210 office (563) 5894221 fax (563) 690-6678 TDD planning@cityofdubuque.org September 10, 2002 The Honorable Mayorand City Council Membem City of Dubuque City HalI-50W. I3th Street Dubuque IA 52001 RE: Rezoning Applicant: Kathy Spear Location:2531 John F. Kennedy Road Description:To rezone property from R-1 Single-Family Residential Distdct to C-2 Neighborhood Shopping Center 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 revie~ Discussion The applicant spoke in favor of the request, stating she wanted to subdivide an existin residential lot and rezoning a portion for a garden store. Staff reviewed adjoining land use and the definitions of landscaping business and noe commercial nursery. Several neighbors spoke in opposition citing concerns with traffic, parking and storm water runoff. A letter in opposition was received and filed. The Zoning Advisory Commission discussed the request, noting that a garden store is permitted in a C-1 Neighborhood Commercial District. Commissioners expressed concerns about storm water runoff and seVeral uses permitted in a C-1 District. Recommendation By a vote of 5 to 1, the Zoning Advisory Commission recommends that the City Counci approve the request modified from a C-2 District to a C-1 District, with the conditions that the uses of grocery/drug store, baker-retail only, laundromat, book/stationary store and sport goods sales/rental be eliminated, and that storm water detention be required An ordinance to rezone the property to C-2 as requested is attached. An ordinance to rezone the property to C-1 with conditions as recommended by the commission is attached. The list of uses allowed in C-2 and C-1 zones are attached as well. Service People Integ~tiy Respor~sibility Innovation Teamwork The Honorable Mayor and City Council Members September 10, 2002 Page 2 A simple majority vote is needed for the City Council to approve the request to rezone C-2, or to rezone to C-1 with conditions. Respectfully submitted, Eugene Bird, Jr., Chairperson Zoning Advisory Commission Attachments Preparen. Laura Carstens, Planninq Svs~ Mqr. Address: 50 W. 13th Street Telephone: 563-589-,4210 ORDINANCE NO. 75-02 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT ;!531 JOHN F. KENNEDY ROAD FROM R-1 STNGLE FAMILY RES]'DENTIAL DISTRICT TO (-1 NETGHBORHOOD COMMERCIAL ZONTNG DI'STRICT , WITH CONDITIONS, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying hereinafter described property from R-1 Single Family Residential Zoning District to C-1 Neighborhood Commercial Zoning District, with conditions to wit: Lot 2 of Lot 2 of E. 2 acres of Lot 1, except the north 60' x 110' portion of J.P. Mettel's Subdivision No. 2, and to the centerline of the adjoining public right-of- way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has been heretofore reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa Section 3. provided by law.. This Ordinance shall take effect immediately upon publication as Passed, approved and adopted this 16th day of September, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk September 2002. MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (2001), and as an express condition of rezoning of the property described as: Lot 2 of Lot 2 of E. 2 acres of Lot 1, except the north 60' x 110' portion of J.P. Mettel's Subdivision No. 2., and to the center line of the adjoining public right-of-way, all in the City of Dubuque, towa. which is the subject of Ordinance No. 75 -02, a copy of which is attached hereto and incorporated herein by reference, the undersigned property owners, agree to the following conditions, all of which the property owner further agrees are reasonable and are imposed to satisfy public needs which are caused directly by the rezoning: A) conditions: 1) That uses grocery store/drug store, bakery-retail only, laundromat, book/ stationary store and sporting goods sales/rental be eliminated from the list of permitted uses; and 2) That storm water detention be provided on site. B) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the Distdct (which rezoning will include the removal of the performance standards in Section A above) if the property owner fails to complete any of the conditions or provisions of this Agreement. c) Modifications. Any modifications of this Agreement shall be considered a zoning reclassification and shall be subject to the provisions of the Zoning Ordinance governing zoning reclassifications. All such modifications must be approved by the City Council of Dubuque, Iowa. D)¸ Recordin,q. A copy of this Agreement shall be recorded with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this rezoning approval within ten (10) days of the adoption of Ordinance No. 75 -02. E) Construction. This Agreement shall be construed and interpreted as though it were part of Appendix A of the Code of Ordinances of the City of Dubuque, also known as the Zoning Ordinance of the City of Dubuque, Iowa. F) This Agreement shall be binding upon the undersigned and his/her heirs, successor and assignees. ACCEPTANCE OF ORDINANCE NO. 75-02 I, Kathy Spear, property owner, having read the terms and conditions of the Ordinance No. 75-02 and being familiar with the Conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 16th day of September, 2002. By /s/ Kathy Spear REZONING STAFF REPORT Zoning Agenda: September 4, 2002 Property Address: Property Owner: Applicant: 2531 John F. Kennedy Road Kathy Spear Kathy Spear Proposed Land Use: Commercial Proposed Zoning: C-2 Existing Land Use: Residential Existing Zoning: R-1 Adjacent Land Use: Residential Adjacent Zoning: R-1 Former Zoning: 1934 - County; 1975 - R-2; 1985 - R-1 Total Area: 19,200 sq. ft. Property History: The property was formerly under cultivation and the residence was built in 1919 and originally served as a farmstead. The property was annexed in 1979 and the surrounding area was primarily developed as single-family residences. There is some commercial and legally non-conforming commercial development along Kennedy Road in this area. Physical Characteristics: The subject property is approximately a half-acre lot that slopes gently from the north property line to the south. The subject property currently has an accessory structure (garage) and curb cut. The lot is approximately 225 feet deep and is surrounded by the back yards of adjacent residential lots along Kennedy Road, Kaufmann Avenue and Tibbie Court. Concurrence with Comprehensive Plan: The Comprehensive Plan makes no recommendations for this area. Impact of Request on: Utilities: Existing utilities are adequate to serve the site. Traffic Patterns/Counts: The Iowa Department of Transportation 1997 Annual Average Daily Traffic Counts indicate 11,300 vehicle trips per day along Kennedy Road directly adjacent to the subject property. Public Services: Existing public services are adequate to serve the site. Environment: Because of the nature of the nursery, including landscaping plantings on the western portion of the property, staff does not anticipate any adverse impact to the environment. Any further development of this property will require adequate erosion and storm water control during all phases of development. REZONING STAFF REPORT Page 2 Adjacent Properties: The rear yards of six adjacent residential properties abut the subject lot. There will be a slight increase in the amount of noise and activity behind these residences. There is an existing curb cut along Kennedy Road to allow commercial access to this property. The small increase in the amount of trips per day at this location should have very limited additional impact on the traffic along John F. Kennedy Road. CIP Investments: None proposed. Staff Analysis: The applicant is proposing to subdivide an existing 26,000 square foot lot leaving approximately 6,000 square feet for the existing house and platting a 19,000 square foot flag lot for a nursery and garden store. The applicant is asking to rezone the 19,000 square foot flag lot from R-1 to C-2, to permit retail sales and service. In a C-2 district residential uses are permitted above the first floor only. Therefore, a subdivision of this property will enable the business to be located on a separate lot than the residence. Also, separate parking is required for both the newly platted residential lot and the commercial use. The proposed C-2 district will be surrounded by R-1 Single-Family Residential zoning, primarily the rear yards of single-family residences along Tibey Court and Kaufmann Avenue. The proposed C-2 district also will be across Kennedy Road from the side yards of single-family residences that have frontage along Marywood Drive. One lot removed north of the subject property on Kennedy Road is a legally non-conforming beauty salon. There are several businesses including an office and funeral home located in office-residential and office/service districts along Kennedy Road in close proximity to the subject property. The current curb cut access from the subject property to Kennedy Road is well removed from any residential access. The amount of traffic generated by a small retail use should be limited and have very little impact on the total amount of traffic along Kennedy Road. Staff recommends that the Commission review Section 6-1.1 of the Zoning Ordinance regarding zoning reclassification procedure. Preparedby: ~~,~::~Reviewed: /~. ~Date:~/~Z~/ / PLANNt'NG APPLZCATt'ON FORM Ob/of Dubuque Planning Services Department Dubuque, IA 52001-486~ Photo: 563-589-~210 Fax: 563-589-4221 [] Variance D Conditional Use Permit ~ Appeal [] Spedal Exception [] Umited Setback Waiver c~Rezoning anned District [] Preliminary Plat [] Minor Final Plat [] Text Amendment [] Simple Site Plan [] Minor Site Plan C Major Site Plan [] Major Final Plat [] Simple SubdMsion [] Annexation [] Temporary Use Permit [] Ceddfmate of Economic Non-Viability [] Certificate of Appropriateness [] Other: Please tyne or print leuiblv in ink Property owner(s): Address: ~- '~'-~ Fax Number: ~{~T~~ £. ~ R~Rl~, Phone: ~-~-~- ._~.~'~. ~,r~-oy ~ib/: ..~)~J~dO~ State:t~- Zip:. IVlobile/Ceilular Number: 5~ ~ -_~%;~ Applicant/Agent: Phone:. Address: ab/: State: zip:. Fax Number: Mobile/Cellular Number: Site location/address: Existing zoning: ~- I Proposed zoning: ~.~- ~ Histodc District: I,-[0 Landmark: 1,4° Legal Description (Sidwell parcel ID~ or lot number/blod( number/su?d,[vision)~ Total properb/(lot) area (square feet or acres): ~,~; o ,~o ~ ~-~.. Describe proposal and reason necessary (attach a letter of explanation, if needed): ~ CERTIFICATION: [/we, the undersigned, do hereby certify that: 1. The information submitted 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 guaranf0ee approval; and All additional required written and graphic materials are attached. Applicant/Agent: D~ce: FOR OFF~CE USE ONLY - APpLi'CAT[ON SUBI~ITrTAL CHECKLT~T Fee.~'_,~,'a~. ~0 Received by: ~ Date: ~et: ,~te/sketch plan [] Conceptual Development Plan ~Photo [] Plat [] Improvement plans D Design review project description [] Floor plan ~Other: L.~'r~'~ from: Kathy L. Spear 2531 J. F. Kennedy Road Dubuque, Iowa 52002 563-557-9735. to : City of Dubuque Plann lng Services Depax huent Dubuque, Iowa 52001 563-589-4210 7/29/2002 I would like to change the zoning onmy property at 2531 J.F. Kennedy Road, Dubuque from residential to C-2 (retail). I have operated a landscaping business from this location for a number of years. I have lived at this address since about 1997. Prior to '971 lived just up the street or accross the street. I have taken care of the property for quite some time. When my clients wanted to buy plant material we would always set appointments to meet and look through the garden area. When I had plant sales, I would rent space in a parking lot and haul plant material to it each weekend. This has gotten to be quite a chore over the years. I would now like to have my plant sales at home. Basically having retail sales available from my home ~ite throt~ghom the season would help make my business much more profitable. Thank You for your consideration, Kathy Spear Proposed Area to be Rezoned Applicant: Kathy Spear Location: 2531 John F. Kennedy Road Description: To rezone property from R-1 Single-Family Residential District to C-2 Neighborhood Shopping Center District. 3315 Kaufmann Avenue Dubuque, Iowa 52002-2815 September 4, 2002 To The Zoning Advisory Commission: This letter is in regard to the request by Kathy Spear for a change in zoning at 2531 John F. Kennedy Road from R-1 Single Family Residential District to C-2 Neighborhood Shopping Center District. In the first place, I don't know what C-2 Neiqhborhood Shop- ping District involves and feel it may have a very bad effect on our property values. There is already so much traffic problem right in this area with Marywood and so close to the intersection. Traffic comes down over the hill so fast The couple on the corner adjoin- ing the entrance to that property have a one year old and a six year old and alot of little ones who play there. If we were to consider selling our property to a family with small ones even though our's is fenced, I think it would be a draw back. Mrs. Spear remarked that she would be required to pave a drive- way and facilities for parking. Really bad news. Our back yards already flood. We have everyone's sump pumps all the way up the street and Tibey Court emptying into our back yards. Ever since the lower curbs and smaller sewers have been installed on Kennedy in heavy rains it comes down Kennedy with such force that it jumps the curb and what doesn't flood in back comes around the corner to the large se~er at the corner of my drive- way and helps flood the street. There would belittle or nothing to soak it up if paved.. I don't think even a retention bas~ would solve the problem. More often than not it takes two days for the standing water to drain out. It comes so fast and furious that between the property at 3325 Kaufmann and mine is just like a raging river. In the 20 years I've lived here I have lost about six to eight inches of top soil from my back yard to the sewers. I already have sand bags for the front, must I get them for the back too? Mrs. Spear is a fine neighbor, I've known her for 20 years but this property is all I have left, at 70 I can't start all over. Thank you ~ Maril~r~/$. Wilson DU549 CH-01 .TXT (1) 3-3.1. C-1 Neighborhood Commercial District. (A) General purpose and description. The C-1 District is intended to provide individual parcels for commercial and residential uses in older buildings in the city's established neighborhoods, while maintaining neighborhood character and fostering opportunities for affordable housing. The C-1 District is not intended to be an expandable district but one that is established on a very limited basis. Larger neighborhood commercial districts are to be established under the C-2 District classification as neighborhood shopping center districts. (B) Principal permitted uses. The following uses shall be permitted in the C-1 District. (1) Railroads and public or quasi-public utilities including substations-J47]. (2) Single-family detached dwellings-[11]. (3) Two-family dwelling (duplex)-[ 11]. (4) Multifamily dwelling (maximum six (6) dwelling traits)-[9]. (5) Townhouses (maximum six (6) dwelling uuits)-[11]. (6) Schools of private instruction-[4]. (7) General offices-[14]. (8) Personal services-[14]. (9) Business services-[29]. (10) Barber/beauty shop-[16]. (11) Grocery store/drug store (maximum three thousand five hundred (3,500) square feet)-[171. (12) Bakery (retail only)-[ 19]. (13) Laundromat-[22]. (14) Flower/garden store/commercial greenhouse-[17]. (15) Shoe repair-[18]. (16) Photographic smdlo-[23]. (17) Sewing/fabric store-[ 17]. (18) Book/stationery store-[17]. (19) Toy-hobby shops-[17]. (20) Sporting goods (sales/rental)-[17]. (21) Bicycle shop (sales/rental)-[17]. (22) Camera/photo supply store-[! 7].. [] Parking group-See section 4-2 of this ordinance. DU549 CH-01 .TXT (2) (C) Prohibited uses. The following uses shall be prohibited: (1) Auto sales/service/repair/body shop. (2) Auto service station. (3) Bar/tavern. (D) Accessory uses. The following uses shall be permitted as accessory uses as provided in Section 4 of this ordinance: (1) Any use customarily incidental and subordinate to the principal use it serves. (E) Conditional uses. The following conditional uses are permitted in the C-1 District, subject to the provisions of Section 5 of this ordinance and are the minimum requirements for application to the board of adjustment for a conditional use permit: (1) Indoor restaurant, provided that: (a) The parking group requirements can be met-J20]. (2) Gas stations (not including service stations), provided that: (a) The parking group requirements can be met-J20]. (3) Similar and compatible retail and service oriented uses as determined by the zoning board of adjusnnent provided the use would be in an existing public, quasi-public, institutional, commercial, office or industrial building-[47]. (4) Medical office, provided that: (a) Maximum of two (2) health practitioners as defined in Section 8; (b) Maximum of two thousand five hundred (2,500) square feet of floor area; and (c) Bulk regulations and parking requirements can be met-[36]. (F) Temporary uses. The following uses shall be permitted as temporary uses in the C-1 District: (1) (Reserved for future use). (G) Bulk regulations: Front yard setback: ten (10) feet (twenty (20) feet for garages facing street) Side yard setback: zero (0) feet* Rear yard setback: zero (0) percent lot depth* Building height: thirty (30) feet *Except where abutting a residential or office residential district, then six-foot side yard and twenty (20) percent lot depth rear yard setbacks required. (H) Parking requirements. See section 4-2 of this ordinance. (I) Sign regulations. See section 4-3 of this ordinance. (J) Standards for nonresidential uses. The following standards shall apply to all nonresidential DU549 CH-O1.TXT (3) permitted and conditional uses in the C-1 District: (1) The use shall be established in an existing structure that was designed for public, quasi-public, commercial, office, institutional, or industrial use. (2) The structure was never converted to a residential use after the effective date of this section. (3) The use shall be conducted entirely within the structure. (4) There shall be no outdoor storage of equipmem or mater/als on the property or adjacent public right-of-way. (5) All vehicles [in] excess of two (2), used in conjunction with the use shall be stored within a building when they remain on the property overnight or during periods of nonuse, unless an alternate parking location is provided in a properly zoned area. (6) No mechanical, electrical, or other equipment which produces electrical or magnetic interference, vibration, heat, glare, odor, noise or other nuisances shall occur outside the structure which houses the use. DU549 CH-01 .TXT (1) 3-3.2. C-2 Neighborhood Shopping Center District: (A) General Purpose And Description: The C-2 District is intended to provide small commercial eeuters serving small clusters of neighborhoods. The C-2 District will be carefully placed to ensure that the size of the commercial center, the nature of uses permitted and the ]ocational characteristics are such that the grouping of such uses will not adversely affect surrounding residences and do not detract from the residential pttrpose and character of the surrounding neighborhoods. The C-2 District shall be located in neighborhoods where parking and traffic can be adequately handled, and the square footage, hours of operation and intensity of uses are compatible with the neighborhoods. (B) Principal Permitted Uses: The following uses shall be permitted in the C-2 District: (I) Railroads and public or quasi-public utilities including substations-[47]. (2) Residential uses above the first floor only-[6]. (3) Schools of private instruction-[4]. (4) General offices-[14]. (5) Personal services-[14]. (6) Barber/beauty shops-[16]. (7) Gas station-[18]. (8) Retail sales/service-II 7]. (9) Laundry/dry cleaner-[ 19]. (10) Shoe repair-[18]. (11) Automated gas station-[ 18]. (12) Indoor restaurant-J20]. (13) Tailoring~alterations-[ 18]. (14) Furniture/home furnishings-J27]. (15) Appliance sales/service-[27]. (16) Catalog center-[23]. (I 7) Laundromat-J22]. (18) Fumiture upholstery/repair-[ 18]. (19) Artist studio-[5]. (20) Photographic studio-[23]. (21 ) Neighborhood shopping center-[ 17]. (22) Dental/medical lab-[8]. DU549 CH-01 .TXT (2) (23) Business services-[29] (C) ,~ccessory Uses: The following uses shall be permitted as accessory uses as provided in Section 4 of this ordinance: (1) Any use customarily incidental and subordinate to the principal use it serves. (D) Conditional Uses: The following conditional uses are permitted in the C-2 District, subject to the provisions of Section 5 of this Ordinance and are the mJnlmum requirements for application to the Board of Adjustment for a conditional use permit: (1) Medical offices, provided that: (a) The parking group requirements can be met-[36]. (2) Drive-in/carry-out restaurant, provided that: (.a) Opaque screening shall be provided for adjacent residential uses as required under the s~te plan review provisions of Section 4-4 of this Ordinance; and (b) The parking group requirements can be met-[28]. (3) Drive-up automated teller, provided that: (a) Ingress, egress and truffle flow shall be acceptable to the City site plan review team; (b) Opaque screening shall be provided for adjacent residential uses in conformance with the site plan review provisions of Section 44 of this Ordinance; and (c) The parking group requirements can be met-J8]. (4) Self-service carwash, provided that: (a) A minimum of three (3) stacldng spaces per bay be provided; and (b) Ingress, egress traffic flow shall be acceptable to the City site plan review team; and (c) Opaque screening shall be provided for adjacent resident/al uses in conformance with the site plan review provisions of Section 4-4 of this Ordinance; and (d) The parking group requ/rements can be met-[8]. (5) Animal hospital/clinic, provided that: (a) All operations and activities shall be conducted and maintained within a completely enclosed building; and (b) The parking group requirements can be met-J23]. (6) Banks, savings and loans, and credit un/ons, provided that: (a) The parking group requiremems can be met-[31]. (7) Group day care center provided that: (a) Forty (40) square feet of indoor floor area (excluding halls and bathrooms) is provided per child in areas occupied by cribs, thirty five (35) square feet of indoor area (exchiding halls and bathrooms) is provided per child in areas not occupied by cribs times the DU549 CH-01 .TXT (3) licensed capacity; and seventy five (75) square feet of fenced outdoor recreation space is provided per child using the space at a given time; (b) The parking group requirements can be me~ [8]; (c) Such facility shall supply loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards; (d) All licenses have been issued or have been applied for awaiting the outcome of the Board's decision; (e) Signage for a single-family home shall be limited to one nonilluminated, wall-mounted sign not to exceed four (4) square feet in area; and (f) No group day care center may be located within the same structure as any gas station, bar/tavern, automated gas station or any facility selling, servicing, repairing or renting vehicles. (E) Temporary Uses: The following uses shall be permitted temporary uses in the C-2 District: (1) Building or trailer for storage of materials and/or equipment necessary for construction authorized by a valid building permit, provided the location of the building or trailer has been approved by the Building Official. (2) Any use listed as a pemaitted use within the district of a limited duration as established in Section 2-5.3 and as defined in Section 8 of this Ordinance. (F) Bulk Regulations: Front yard setback: 10 feet (20 feet for garages facing street) Side yard setback: 0 feet* Rear yard setback: 0 percent lot depth* Building height: 40 feet *Except where abutting a residential or office residential district, then six-foot side yard and twenty (20) percent lot depth rear yard setbacks required. (G)Parking requirements. See Section 4-2 of this Ordinance. (H)Signs. See Section 4-3 of this Ordinance.