Request to Rezone_Commerce ParkPlanning Services Department
City Hall
50 West 13~ Street
Dubuque, IA 52001-4864
(563) 589-4210 phone
(563) 589-4221 fax
(563) 690-6678 TDD
planning~cityofdubugue.org
'rFtscmr of Dubuque
DuB E
Masterpiece on the Mississippi r' I (' ~
2007
November 6, 2009
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
Applicant: Joel Callahan
Location: Commerce Park (Lot 8 & 9 Block 3 Westbrook Subdivision)
Description: To rezone property from CS Commercial Service & Wholesale District to
R-4 Multi-Family Residential 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 the location of the property, need
for multi-family housing and layout of site, style of building, and provision of parking.
Rick Dickinson, Greater Dubuque Development Corporation, spoke in support of the
request, citing the need for additional multi-family housing and the current lack of
appropriate quality rental housing within the community. Mr. Dickinson noted the
vacancy rate is less than three-quarters of one percent for rental units within the
community, and reviewed the anticipated numbers of new employees coming to
Dubuque.
A letter of support from ECIA was received.
Planning staff reviewed the surrounding zoning and land use, noted the location of
future park land in Westbrook Estates, and the designation and goals of the
Comprehensive Plan that apply to the subject request. Staff Member Kritz also
reviewed IDOT trip counts for the area and aerial photos of the site.
The Zoning Advisory Commission discussed the request, noting that they understand
the need for additional apartments and respect Mr. Callahan's willingness to address
the need. They felt that it does not meet the standards established for sustainable
Service People Integrity Responsibility Innovation Teamwork
The Honorable Mayor and City Council Members
Page 2
growth. The Commission was concerned with an R-4 zone surrounded by CS and PI
zones, creating a "spot" of residential in a commercial/industrial mix. The Commission
did not feel multi-family housing is appropriate when surrounded by commercial
services businesses, such as contractor shops and yards. They indicated they could be
more supportive if the R-4 was on the other side of the street abutting the developer's
residential subdivision as a transitional zone.
Recommendation
By a vote of 7 to 0, the Zoning Advisory Commission recommends that the City Council
deny the request.
A super majority vote is needed for the City Council to approve the request over the
Commission's denial. A simple majority vote is needed for the City Council to concur
with the denial.
Respectfully submitted,
c?~~~
Jeff ti es, Chairperson
Zoning Advisory Commission
Attachments
----
Service People Integrity Responsibility Innovation Teamwork
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. 13 St Telephone: 589-4121
ORDINANCE NO. 56-09
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT COMMERCE PARK FROM CS
COMMERCIAL SERVICE AND WHOLESALE DISTRICT TO R-4 MULTI-FAMILY
RESIDENTIAL 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 from CS Commercial Service and Wholesale District to R-4 Multi-Family
Residential District, to wit:
Lot 8 and Lot 9, Block 3 Westbrook Subdivision, 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 16th day of November, 2009
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
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1. It i's`tle property'owrier's responsibility tQ .Locate properly-lines and to checkyour abstract for easements and restYittive
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To: City of Dubuque
From: Joel Callahan
Date: October 20, 2009
Re: Rezoning of CS Commercial lots to Residential
Due to the increasing demand of apartments in the Dubuque area, the abundant supply of
commercial developments and lots, and the unstable economic alterations, we have chosen to
rezone for residential apartments/condos in Westbrook Subdivision, Block 3, Commercial Lots 8 and
9.
We have already contacted adjacent lot owners and the apartments/condos shall have no impact on
them.
Thanks,
Jo ahan
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REZONING STAFF REPORT
Zoning Agenda: November 4, 2009
Property Address: South side of Commerce Park
Property Owner: Callahan Construction
Applicant: Joel Callahan
Proposed Land Use: Residential
Existing Land Use:
Adjacent Land Use
Vacant
North -Vacant
East -Commercial
South -Vacant
West -Vacant
Proposed Zoning: R-4
Existing Zoning: CS
Adjacent Zoning: North - CS
East - CS
South - PI
West - CS
Former Zoning: 1934 -County Total Area: 2.8 acres
1975 -County
1985 -County
Property History: The subject property was previously used for agricultural purposes
prior to its platting and grading for a commercial subdivision in 2002.
Physical Characteristics: The subject parcel is served by Commerce Park a public
street built as part of the subdivision that runs east to west. The properties are on the
south side of Commerce Park and drain to the southeast.
Concurrence with Comprehensive Plan: The Future Land Use Map for the City of
Dubuque designates the property for commercial use. The proposed rezoning involves
Land Use Element Goals 1.1, 1.2, 6.1, 7.2 and 8.2
Impact of Request on:
Utilities: Existing utilities are available to serve the subject property.
Traffic Patterns/Counts: See attached diagram.
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.
Rezoning Staff Report -Commerce Park Page 2
Adjacent Properties: Staff does not anticipate any significant impact to adjacent
properties as the proposed residential apartment buildings will be less intense than
allowed uses on surrounding properties.
CIP Investments: None proposed.
Staff Analysis: The applicant is requesting rezoning of the subject parcels from CS
Commercial Service and Wholesale District to R-4 Multi-Family Residential District.
The subject property is composed of two parcels, approximately 1.4 acres in size, and
located on the south side of Commerce Park. The applicant has indicated he proposes
to develop the two parcels with four 12-plex apartment buildings. The City's Unified
Development Code requires that each 12-unit apartment building be on its own lot. The
applicant intends to subdivide the two lots splitting them in an east-west direction. The
applicant will need to submit a minor final plat to the Zoning Advisory Commission and
City Council requesting to waive the lot frontage for the two southern lots.
The 2030 Future Land Use Map and the City's Comprehensive Plan designates the
subject parcel for commercial land use. The Land Use Goals of the Comprehensive
Plan includes, "to protect and enhance the viability, livability and affordability of the
City's residential neighborhoods while integrating multi-family development throughout
the community. In addition, Goal 1.2 states, "promote providing a range of housing
options throughout the community."
Access to the site will be from Commerce Park. Attached to this. staff report is a copy of
the 2005 IDOT Annual Average Daily Trips (ADT) for the subject area. The only trip
count available is for Seippel Road, and that is 4,180 ADT. The Institute of Traffic
Engineers Trip Generation Manual indicates that for apartments, a trip generation of
6.47 vehicles trips per dwelling unit during the weekday. This translates into
approximately 310 ADT when all four 12-plexes are constructed.
The submitted application is for rezoning to R-4 Multi-Family Residential District. The
applicant will be required to submit a site plan for-the development prior to issuance of
building permits. City staff, at that time, will review the plans for compliance with the
City Codes. Planning staff does not anticipate any major issues related to construction
or the four 12-unit apartment buildings. The parking requirement for apartments in the
R-4 residential district is 1.5 spaces per dwelling unit. Water and sewer utilities are
available within Commerce Park. In addition, storm water controls will be reviewed in
detail as part of the site plan once the subject property is successfully rezoned.
Planning staff recommends the Zoning Advisory Commission review Section 9-5 of the
Unified Development Code that establishes criteria for the review of zoning
reclassifications. A copy of Section 9-5 is attached to this staff report.
Prepared by: Reviewed: .tJ/~ Date: /O•l8.0~'
Section II -Land Use Regulations
Article 9 -Zoning Advisory Commission
C. Members of the Zoning Advisory Commission shall attend at least two-thirds of all
regularly scheduled meetings within any 12 month period. If any member fails to attend
such prescribed number of meetings, such failure shall constitute grounds for the
Commission to recommend to the City Council that said member be replaced. Attendance
of all members shall be entered on the minutes.
D. All meetings shall be held in conformance with the provisions of the Iowa Open
Meetings Law.
E. The Zoning Advisory Commission shall file with the City Clerk a copy of the minutes of
each regular and special meeting of the Commission within 10 working days after each
such meeting.
9-4 Procedures of Operation
All administrative, personnel, accounting, budgetary and procurement policies of the City
shall govern the Zoning Advisory Commission in all its operations, except as herein
provided.
9-5 Zoning Reclassification
A. The City Council finds that the reclassification ofproperty is a sensitive and important
legislative function which, in the interest of maintaining uniform zoning policies and the
integrity of the Comprehensive Plan, should only be exercised sparingly and under proper
conditions. For this reason, and because the original zoning district boundaries under this
Code are presumed to be correct and appropriate, it shall hereafter be the policy of the
City to reclassify property only where a clear showing has been made that the original
classification was a mistake or that circumstances and conditions affecting the property in
question have so materially changed so as to demand reclassification in the public
interest.
B. The reclassification procedures outlined herein should not be confused with, or used in
place of, the Code amendment process or the variance process. Thus, the Council intends
that reclassification ofproperty should not be entertained where: 1) an alleged hardship
peculiar to the property is claimed, which is more properly the subject of a variance
request, or 2) it is alleged that the Code provisions themselves as applied to similar
properties are unreasonable, which is more properly the subject of a text amendment
proposal. In all cases, the burden shall be upon the person(s) seeking reclassification to
demonstrate that the requested reclassification is more appropriate than the present
classification, in light of the characteristics of the property and the public welfare.
C. Furthermore, it is contemplated under this Code that the Long-Range Planning Advisory
Commission is, in the first instance, the body responsible for the formulation and
continuing review of the Comprehensive Plan, as expressed herein, and this Commission
shall be charged with the duty of periodically reviewing the policies and provisions of
this Code in light of its purposes and changing conditions, and proposing on its own
initiative such district reclassifications or Code amendments as maybe deemed
appropriate to secure the public welfare.
Dubuque, IA UDC Adopted 00/00/000 1'78
Page 1 of 1
kyle Kritz -Commerce Park
±rm "Kelley Deutmeyer" <KDeutmeyer@ecia.org>
C®: "Kyle Kritz" <Kkritz@cityofdubuque.org>
)ate: 11/04/2009 3:49 PM
Subject: Commerce Park
~C: "Mark Munson" <MMunson@ecia.org>, "Lisa Weinhold" <LWeinhold@ecia.org>, "Michelle Schnier"
<MSchnier@ecia.org>
-li Kyle,
=CIA staff met with Joel Callahan earlier today regarding his potential rental/condo housing development for Commerce Park.
oel indicated he is going to the zoning commission tonight. As a business resident on Commerce Park, we are very supportive
~f his proposed development and would support the rezoning to multi-family residential. We believe this is a needed project in
Dubuque and would be a good fit for his vacant land. The land currently sits unoccupied and we would rather see it developed
:ham sit vacant. It is Joel's intent to help meet the rental housing demand in Dubuque due to the IBM project. We also
mentioned to Joel that if transportation is an issue for any of his potential residents, we operate the RTA and our buses would be
~n option for transportation services for his residents.
please pass along our support for this project to the zoning commission.
thank you for your time and consideration.
~efee~y ~f. ~ect~a-•ceveic
<elley Hutton Deutmeyer
xecutive Director
=ast Central Intergovernmental Association
7600 Commerce Park
Dubuque, Iowa 52001
Office: 563-556-4166
~el I: 563-213-0897
Fax: 563-556-0348
~vww.ecia.org
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