Request to Rezone 15264 Middel Road_GerhardTHE CITY OF DUBUQUE
Masterpiece on the Mississippi
Dubuque
All-American City
2007
Planning Services Department
City Hall
50 West 13~ Street
Dubuque, IA 52001-4864
(563) 589-4210 phone
(563)589-4221 fax
(563) 690-6678 TDD
planningQcityof dubuque.org
THE CITY OF Dubuque
DUB E
Masterpiece on the Mississippi ~ I I I
2007
January 8, 2009
The Honorable Mayor and
City of Dubuque
City Council Members
City Hall - 50 W. 13th Street
Dubuque IA 52001
Applicant: Thomas & Karen Gerhard
Location: 15264 Middle Road
Description: To rezone property, concurrent with annexation, from County R-2 Single-
Family Residential District to City CS Commercial Services & 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, noting that they have operated an
automobile repair business at the subject location since 1983.
Staff reviewed surrounding zoning and land use, and noted that the existing crushed
rock parking lot is grandfathered.
There were no public comments.
The Zoning Advisory Commission discussed the request, noting that the request is
consistent with adjacent property.
Recommendation
By a vote of 7 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,
Jeff Stiles, Chairperson
Zoning Advisory Commission
Service People Integrity Responsibility Innovation Teamwork
THE CITY OF DUBUQUE
Masterpiece on the Mississippi
Dubuque
All-American City
2007
PLANNING APPLI4:ATION FORM
^~/artance
^Conditional Use Permit
Appeal
Special Exception
^t.irnited-Setback Waiver
[Rezoning
^Planned District
^Preliminary Plat
^Minor Fnal Plat
^Text Amendment
^Simpte Site Plan
^Minor Site Plan
Please type or urint legibly in ink
City of -Dubuque
Planning Services Department
Dubuque, IA 52001-4864
Phone: 563-589-421U
Fax: 563-X89=4221
(]Major Site Plan ~^C~rGficate of Economic Non-~abil'ity
^Major Final Plat ^Certificate of Appropriateness
^Simpte Subdivision ^Historic Designation
^~Annexation ~Neighbofiood Assoaation
^Temporary Use Permit ODther:
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Site location/addres~•
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CERTIFICATION: I/we, the undersigned, do i~ereby ceriify that: ~ ~~~ ~~~~Y ~ C ` ~-~` ~`~' ~''~~
1. It is the property-owner'sresponsibi~ity to-locate property lines and to checl~ youc abslxact for easements and restrictive
covenants.
2. The information submitted herein is true and correct to the best of my/our Imowledge and upon submittal becomes public
record; -
3. Fees are not refundable and payment does not guarantee approval; and
4. All additional required wn'tten and graphic materials are attached.
Property Qwner(s):~~ ~y ~~~~ Date•
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Applicant/Agent: - -Date:
FOR OFFICE USE ONLY - APPLIGTION SUBMI7-f HECKLIST
Fee• ~'- Received by: ~ Date. //. 2 S • o~tt
^ Site/sketch ptan^ Conceptual Development PI ^Photo ^ Plat
Cellular Number: E-mail Address:
City:
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State: Zip:
Cellular Number: E-mail Address:
^ Improvement plans ^ Design review project description ^ Floor plan ^ Other:
REZONING STAFF REPORT
Zoning Agenda: January 7, 2009
Property Address: 15264 Middle Road
Properly Owner: Thomas and Karen Gerhard
Applicant: Same
Proposed Land Use: Commercial
Existing Land Use:
Adjacent Land Use:
Commercial
North -Agricultural
East -Agricultural
South -Vacant
West -Residential
Proposed Zoning: CS
Existing Zoning: County R-2
Adjacent Zoning: North - AG
East - CS
South -County C-1
West -County R-2
Former Zoning: 1934 -County Total Area: .83 acres
1975 -County
1985 -County
Property History: The subject property was approved for commercial use by a special
use permit approved in 1983 by Dubuque County.
Physical Characteristics: The subject property has frontage on Middle Road and the
east property line is adjacent to the City of Dubuque Corporate limits. The property has
an existing commercial building with a crushed rock parking surface and generally
drains to the southeast.
Concurrence with Comprehensive Plan: The 2030 Future Land Use Map designates
the property for commercial use. The proposed rezoning supports the following
comprehensive goals: Land Use Goals 2.2 and 7.5.
Impact of Request on:
Utilities: City water and sewer can be extended to serve the subject property.
Traffic Patterns/Counts: The 2005 IDOT traffic counts indicate 6,000 average daily
trips for Middle Road.
Public Services: Existing public services can be extended to serve the subject
property.
Rezoning Staff Report - 15264 Middle Road Page 2
Environment: Staff does not anticipate any adverse impact to the environment
provided as part of any future development of the property that the City's erosion
control and storm water control regulations are complied with.
Adjacent Properties: Planning staff does not anticipate any significant negative
impacts to adjacent properties upon annexation or rezoning to commercial Service
and Wholesale.
CIP Investments: The adopted CIP includes funds for water and sanitary sewer
extension to future annexation areas.
Staff Analysis: The applicant is requesting rezoning of approximately 36,000 square
feet from County R-2 Single-Family Residential District to City CS Commercial Service
and Wholesale District. The Zoning Advisory Commission is being asked to review the
proposed rezoning only and make a recommendation to the City Council. Attached to
this staff report is a vicinity map that shows the Gerhard property to be rezoned and
annexed into the City of Dubuque as well as an aerial photo of the area that shows
existing property and surrounding land uses. In addition, a copy of the CS Commercial
Service and Wholesale District has been attached.
The requested rezoning from County R-2 Single-Family Residential District to City CS
Commercial Service and Wholesale District allows the existing commercial building to
be legally conforming upon annexation into the City of Dubuque. Currently, the
commercial land use and building exist under a special use permit that was approved
by Dubuque County. The subject building was built in 1966 and is approximately 3,700
square foot in size. The Commercial Service and Wholesale District allows a range of
land uses that typically do not require a high level of pass-by traffic and typically
provides goods and services either directly to the consumer or on a wholesale basis.
The proposed rezoning of the subject parcel to CS Commercial Service and Wholesale
is consistent with the adjacent CS zoning to the east, which is currently within the
corporate limits of the City of Dubuque. The off-street parking area associated with the
commercial building is crushed rock and is a legal non-conformity and can remain
unpaved until such time as the building is either expanded or the parking lot is
expanded.
Planning staff recommends that the Zoning Advisory Commission review Section 6-6.1
of the Zoning Ordinance that establishes the criteria for reviewing rezoning requests.
Prepared by: ~ Reviewed: Date: I.Z • i ~ •08
THE CITY OF DUBUQUE
Masterpiece on the Mississippi
Dubuque
All-American City
2007
SECTION 3. DISTRICT REGULATIONS
3-3. Commercial District.
3-3.6 CS Commercial Service and Wholesale District.
(A) General purpose and description. The CS District is intended to provide areas fora variety of
business services, office uses, limited industrial activity and major wholesale operations. The
CS uses are primarily characterized by large storage space requirements, high volume truck
traffic and low volume customer traffic. Special emphasis shall be placed on selection of
areas to'be granted CS classification. It is intended that the CS District is one that provides a
transitional zone that can be used between industrial and commercial uses and in cases where
topography establishes a transitional area due to physical limitations between industrial and
higher density residential development.
(B) Principal permitted uses. The following uses shall be permitted in the CS District:
(1) Railroads and public or quasi-public utilities including substations-[47].
(2) General office-[14].
(3) Medical/dental lab-[8].
(4) Personal services-[14].
(5) Off-street parking lot-[N/A].'
(6) Furniture/home furnishing-[27].
(7) Appliance sales and service-[27].
(8) Furniture upholstery/repair-[18].
(9) Business services-[29].
(10) Office supply-[19].
(11) Vending/game machines sales and service-[19].
(12) Mail-order houses-[23].
(13) Lumberyards/building material sales-[19].
(14) Construction supplies, sales and service-[19].
(15) Printing/publishing-[32].
(16) Moving/storage facilities-[33].
(17) Auto service centers (TBA)-[34].
(18) Auto sales/service-[38].
(19) Auto repair/body shop-[35].
(20) Truck sales/service, repair-[39].
(21) Farm implements sales and service-[39].
(22) Auto parts/supply-[17].
(23) Mobile home sales-[40].
(24) Motorcycle sales and service-[41].
(25) Boa~~sales and service-[40].
(26) Recreational vehicles sales and service-[38].
(27) Vehicle rental-[47].
(28) Upholstery shop-[42].
(29) Contractor shop/yard-[33].
(30) Wholesale sales/distributor-[29].
(31) Freight transfer facilities-[44].
(32) Fuel/ice dealers and manufacturing-[33].
(33) Agricultural supply sales-[19].
(34) Processing or assembly-[33].
(35) Tool, die and pattern-making-[33].
(36) Miniwarehousing-[47].
(37) Engine/motor sales, service and repair-[19].
(38) Refrigeration equipment and supply, sales and service-[19].
(39) Landscaping services (not including retail sales as primary use)-[29].
(40) Welding services-[29].
(41) Animal hospitaUclinic-[23].
(42) Kennel-[23].
[ ]Parking group -See Section 4-2 of this Ordinance.
(C) 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.
(D) Conditional uses. The following conditional uses are permitted in the CS 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) (Reserved)
(E) Temporary uses. The following uses shall be permitted as temporary uses in the CS District:
(1) (Reserved)
(F) Bulk regulations.
Front yard setback: 20 feet
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 (6') side yard
and twenty percent (20%) 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.
Prepared by: Laura Carstens. City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider. City Clerk Address: City Hall- 50 W. 13th St Telephone: 589-4121
ORDINANCE NO. 2 -09
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 15264 MIDDLE ROAD FROM DUBUQUE COUNTY R-2 SINGLE-
FAMILY RESIDENTIAL DISTRICT TO CITY OF DUBUQUE CS COMMERCIAL SERVICE
AND WHOLESALE DISTRICT CONCURRENT WITH ANNEXATION.
Whereas, Thomas D. and Karen K. Gerhard, property owners, have requested
rezoning, concurrent with annexation, to the City of Dubuque in accordance with Section 2-3 of
Appendix A (Zoning Ordinance) of the City of Dubuque Code of Ordinances; and
Whereas, this request has been found to be consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (Zoning Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying the hereinafter described property from
Dubuque County R-2 Single-Family Residential District to City of Dubuque CS Commercial
Service and Wholesale District, to wit:
Lot 1 Thomas Gerhard Place in Section 25 T89N R1 E, 5th. P.M.; and to the
centerline of the adjoining right-of-way in T89N R1 E, 5th P.M.; all in Dubuque
County, Iowa, that is proposed to be annexed to 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, and at such time that the herein described property is legally annexed into the City of
Dubuque, Iowa.
Passed, approved and adopted this 2nd day of February, 2009.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk