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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 PLANNING APPLICATION FORM ? !~,a, m,'d Di~Tict E Prc~irr~narY I'i;,t U 'Y~'t A~,~nd 'aent Simple SM Plan Mincr Site Plan ~ Cert]~c,~te ~f App~priaten~'~ Proped:~ Owner(s): FOR C)FI~CE USE ONLY ,-- APPI TCAT[ON SU~f4/TTAL CHECKL/ST 5 9te/s~ pl~ C ~t ~lo~n[ Plan ~ I~v~ent pla~ G ~ign ~i~ ~ d~on D Flor plan 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 12. 13. 14. 15. 16. ~ {6, ~cll~_ C;~TY OF DUBUOUE ~EC 1 $ 2002 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 ~~-3c PC PC R-3 / Rezoning Ai'ea C-2 ~ Property in Opposition R-2 C-2c lO0 200 Feet