3001 N Cascade Zoning GraffsPlanning Services Deparl:ment
City Hag
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 5894210 office
(563) 5894221 fax
(563) 690~6678 TDD
planning@cityo fdubuque.org
December 9, 2002
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
RE: Rezoning
Applicant: Jerry & Lisa Graft/John & Carol Heiderscheit
Location: 3001 N. Cascade Road
Description: To rezone property from R-1 Single-Family Residential District 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 review.
Discussion
The applicant spoke in favor of the request, reviewing proposed business and area to be
rezoned. The applicant also noted that the request is an expansion of an existing C-2
District.
Staff reviewed surrounding zoning and land use. Staff indicated that the request expands
the existing C-2 District by approximately 3/4 acre.
An owner of residential property on Bonnie Court spoke in opposition to the request with
concerns regarding increased traffic and negative impact on residential property values.
The Zoning Advisory Commission discussed the request, noting that the west side of North
Cascade Road is predominantly zoned for commercial uses and was zoned commercial
prior to development of the single-family homes on Bonnie Court. Commissioners
discussed that North Cascade Road separates commercial and residential areas.
Recommendation
By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council
approve the request.
A simple majodty vote is needed for the City Council to approve the request.
Respectfully submitted
Eugene Bird, Jr., Chairperson
Zoning Advisory Commission
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Applicant: John & Carol Heiderscheit
and Jerry & Lisa Graft
Location: 3001 N. Cascade Road
Description: To rezone property from
R-1 Single-Family Residential District
to C-2 Neighborhood Shopping Center
District.
REZONING STAFF REPORT Zoning Agenda: December 4, 2002
Property Address:3001 North Cascade Road
Property Owner:John & Carol Heiderscheit
Applicant:Jerry & Lisa Graft
Proposed Land Use: Commercial
Proposed Zoning: C-2
Existing Land Use: ResidentialNacant
Existing Zoning: R-1
Adjacent Land Use:
North- Commercial
East - Commercial
South -Office/Residential
West -ResidentialNacant
Adjacent Zoning: North -PC/C-3/C-2
East -C-2
South -R-3
West-PC/R-1
Former Zoning: 1934 -County AG; 1975 -County AG; 1985 -City AG Total Area: 1.38 acres
Property History: The property was primarily undeveloped land within the County
until a portion was annexed to the City in 1979. A residence was built on the property
in the 1980s. The balance of the property was annexed to the City in December of 1997
and was zoned AG Agricultural district. The property was rezoned to R-1 Single Family
Residential to reflect the residential use of a portion of the property. Recently, there
has been commercial/commercial service type development to the north and east of the
property and office and residential development to the east and south of the property.
Physical Characteristics: The subject property is an approximately 11/3-acre lot which
slopes gently from Cedar Cross Road down to North Cascade Road. The subject
property has approximately 260 feet of frontage on North Cascade Road. There is
currently one curb cut access to the property along North Cascade Road, which serves
the residence to the west.
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 Pattems/Counts: The Iowa Department of Transportation 1997 annual
average traffic counts indicate 6,200 vehicle trips on Cedar Cross Road just north
of the subject property and 1,440 vehicle trips per day on North Cascade Road
along the property's southern boarder.
REZONING STAFF REPORT Page 2
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 control is provided during all
phases of development.
Adjacent Properties: The properties to the north and east of the subject property
are commercial and service in nature and should not be negatively impacted by the
proposed commercial development. Properties that are south of the proposed
development face Bonnie Court with the rear yards to North Cascade Road. North
Cascade Road has 66-foot right-of-way at this location and any commercial
buildings erected on the subject property would be approximately 140 feet away
from the nearest residence.
CIP Investments: None proposed.
Staff Analysis: The applicant is proposing to rezone approximately 1.3 acres of
property from R-1 Single Family Residential district to C-2 Neighborhood Commercial
Shopping Center district. There is a vacant C-2 lot to the east of the subject property
located at the corner of North Cascade Road, Fremont Avenue and Cedar Cross Road.
The rezoning request represents an expansion of an existing C-2 District. There is
currently commercial and commercial service uses north of the property. These include
Tri-State Golf and Recreation Center, which is housed in a 14,000 square foot steel
building, and mini warehousing in a series of smaller steel buildings. There are also a
gas station convenience store and large office building located in the C-2 district at the
comer of Cedar Cross Road, Fremont Avenue and North Cascade Road.
There is single family home west of the subject property on an approximately 1-acre lot
that abuts the subject property. South of the subject lot are three residential lots that
abut the North Cascade Road right-of-way. There is currently a duplex on the first
residential lot and two single-family homes on the remaining two lots. These houses
have their frontage on Bonnie Court with the rear of the residences facing the proposed
C-2 district across the North Cascade Road right-of-way. The closest home is
approximately 130 feet from the proposed C-2 district and 140 feet from potential
commercial structures. The view from the rear of the residences on Bonnie Court to the
subject lot and to the commercial and mini storage buildings is partially obstructed by
existing vegetation.
Access to the proposed commercial lot will be gained from an existing driveway that will
also serve the residence to the south. There is a small steel building on the subject
property currently used as a residential garage, which will be converted to commercial
use. Commercial development on this lot will generate a slight increase in traffic at the
intersection of Fremont Avenue, North Cascade Road, and Cedar Cross Road. There
is adequate site visibility from traffic exiting and entedng the access driveway both east
REZONING STAFF REPORT Page 3
and west along North Cascade Road. Materials stored outdoors in a C-2 district must
be adequately screened from sight.
Planning Staff recommends that the Commission review Section 6-1.1 of the Zoning
Ordinance that establishes criteria for reviewing rezoning requests.
Prepared by: Reviewed: Kyle Kritz Date:11-25-02
Preparer: Laura Caretens, Planninq Services Manaqer Address: 50W. 13th Street Telephone: 589-4210
ORDINANCE NO. 100-02
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED NORTH OF 3001 NORTH CASCADE ROAD
FROM R-1 SINGLE FAMILY RESIDENTIAL ZONING DISTRICT ~TO C-2
NEIGHBORHOOD COMMERICAL SHOPPING CENTER DISTRICT, 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 the hereinafter described
property as shown in Exhibit A, and to the centedine of the adjoining public right-of-way,
all in the City of Dubuque, Iowa from R-1 Single Family Residential Zoning District to
C-2 Neighborhood Commercial Shopping Center District, with the conditions described
in Exhibit B attached hereto; and
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.
Attest:
Terrance M. Duggan, Mayor
Karen M. Chesterman, Deputy City Clerk
Passed, approved and adopted this 16th day of December, 2002.
EXHIBIT B
Pursuant to Iowa Code Section 414.5 (2001), and as an express condition of the
reclassification, the undersigned property owners and rezoning applicants, agree
to the following conditions, all of which the property owners and applicants further
agree are reasonable and imposed to satisfy the public needs that are caused
directly by the zoning reclassification:
1. Principal permitted uses shall be limited to business services.
2. The ordinance shall be binding upon the undersigned and their heirs,
successors, and assigns.
Dated this 16th day of December, 2002.
/s/ John Heiderscheit
/s/ Carole Heiderscheit
/s/ Jerry Graff
/s/ Lisa Graff
Preparer: Laura Carstens, Planninq Services Manaqer Address: 50W. 13th Street Telephone: 589-4210
ORDINANCE NO.
-O2
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED ALONG NORTH CASCADE ROAD FROM R-1
SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO C-2 NEIGHBORHOOD
COMMERICAL SHOPPING CENTER DISTRICT.
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 the hereinafter described
property as shown in Exhibit A, and to the centerline of the adjoining public right-of-way,
all in the City of Dubuque, Iowa from R-1 Single Family Residential Zoning District to
C-2 Neighborhood Commercial Shopping Center District; and
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
EXHIBIT A
To: Dubuque City Council
From: Tom and Jean McDermott
1053 Bonnie Court
CITY OF DUBUQUE
DEC z 0 2002
We would like to express our opposition to the proposed rezoning of the property
at 3001 North Cascade Road.
Our concerns include: an increase of traffice on an already busy street, added noise,
decreased property values, and damage to the aesthetic character of the neighborhood.
Thank you for your attention to these concerns.
PETITION
Honorable Mayor and City Council:
RECITAL: On December 4, 2002, The Zoning Advisory Commission approved the
request of John & Carol Heiderscheit and Jerry & Lisa Graffto rezone the property
located at 3001 North Cascade Road from R-1 Family Residential District to C-2
Neighborhood Shopping District.
WHEREAS: We, the residents, taxpayers, and property owners of the City of Dubuque,
and more particularly in the neighborhood affected by this decision, strongly object to the
granting of this application to rezone said property.
THEREFOR: We, the undersigned property owners, hereby respectfully petition the
Dubuque City Council to deny this application on the following grounds:
To approve this zoning will adversely affect the real value of real property and
homes, detract from the residential character of the neighborhood, and do
substantial injustice to the homeowners in the immediate surrounding locality.
Granting such rezoning would open the way for future property owners to
establish and operate businesses, such as a gas station, Laundromat, or drive-
in restaurant, that would alter unfavorably the essential character of the
immediate neighborhood.
The vehicular traffic necessary to support some of the businesses permitted
under the C-2 classification, would add to the already heavy traffic load on
North Cascade Road, and would create a hazardous condition and impair the
public safety and welfare.
There has been no evidence presented that the premises in question cannot
yield a reasonable return as currently zoned.
IN WITNESS WHEREOF, we subscribe our names below and we respectfully request
that this application be denied.
Dated: December 9, 2002
Name Address Telephone
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C;~TY OF DUBUOUE
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MEMORANDUM
December 16, 2002
TO: Karen Chesterman, Deputy City Clerk
FROM: Laura Carstens, Planning Services Manager
SUBJECT: Opposition to Graff/Heiderscheit Rezoning at 3001 North Cascade Road
The City Council has a public hearing scheduled for December 16, 2002 on the
Graff/Heiderscheit rezoning request for 3001 North Cascade Road. The proposed
rezoning is from R-1 Single,Family Residential District to C-2 Neighborhood Shopping
Center District. It was recommended for approval at the December 4, 2002 Zoning
Advisory Commission meeting.
The City Council has received a petition and a letter in opposition to the rezoning
request. The City Council has also received a written request from one of the
petitioners, Tri-State Golf, to remove their name from the petition.
The property area of neighbors opposed to the rezoning equals 21.7% of all adjacent
property within 200 feet. (Please see attached map.) A three-quarter vote is need for
approval when the written opposition of property owners within 200 feet exceeds 20%.
Therefore, a super majority vote of Council members is required to approve the
rezoning request.
This memo is provided for distribution to the City Council at their December 16, 2002
meeting.
Attachment
cc Michael Van Milligen, City Manager
Graff/Heiderscheit Rezoning
Opposition = 21.7%
CS
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PC
PC
R-3
/ Rezoning Ai'ea
C-2
~ Property in Opposition
R-2
C-2c
lO0
200 Feet