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Zoning Crescent Rdge ZalaznikMEMORANDUM March 14. 2003 TO:Cindy Steinhauser, Assistant City Manager FROM:Laura Carstens. Planning Services Manager SUBJECT: Rezoning -Tom & Ed Zalaznick, Crescent Ridge Road At their March 17th meeting, the City Council is scheduled to hold a public hearing on a rezoning request by Tom & Ed Zalaznick for property on Crescent Ridge Road, west of Cedar Cross Road. They asked to rezone approximately 5.3 acres from AG to CS. A map of the rezoning request submitted by Tom & Ed Zalaznick inadvertently was omitted from the Council packet. It is now attached. The map that was enclosed in the original Council packet, and is labeled "Exhibit A". reflects the reduced area recommended for rezoning by the Zoning Advisory Commission. When the maps are compared, you can see that the Commission is recommending that the WESTERN portion remain AG because it is next to R-l, and that only the eastem portion be rezoned to CS. 1 apologize for any confusion the omission of this information may have caused. Attachments CCMichael Van Milligen, City Manager Eugene Bird, Jr., Zoning Advisory Commission Proposed Area to be Rezoned Applicant: Tom & Ed Zalaznik Location: Crescent Ridge Road, West of Cedar Cross Road Description: To rezone property from AG Agricultural District to CS Commercial Service and Wholesale District. Proposed Area to be Rezoned Applicant: Tom & Ed Zalaznik Location: Crescent Ridge Road, West of Cedar Cross Road Description: To rezone property from AG Agricultural District to CS Commercial Service and Wholesale District. Plarming Services Department City Hall 50 West 13th Street Dubuque, Iowa 520014864 (563) 5894210 office (563) 5894221 fax planning@cityoffiubuque.org March 6, 2003 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 RE: Rezoning Applicant: Tom & Ed Zalaznik Location: Crescent Ridge Road, West of Cedar Cross Road Description: To rezone property from AG Agricultural District to CS Commercial Service and 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, reviewing the proposed rezoning and their plans to develop the site for commercial on the east side of the site. Staff reviewed the surrounding zoning and land use and the history of the site. There were several public comments with concerns regarding the impact of commercial zoning on their homes. A petition with 26 signatures in opposition to the request was submitted to the Commission. The Zoning Advisory Commission discussed the request, noting that the requested CS zoning next to R-1 Single-Family on the eastern portion of the property is not appropriate in this situation. The Commission did find that CS zoning is appropriate on the eastern portion of the property. Recommendation By a vote of 5 to 2, the Zoning Advisory Commission recommends that the City Council approve the request, subject to the following conditions: 1)Eliminate the following permitted uses: > Auto service centers > Auto sales/service > Auto repair/body shop Service People lnteg~ty Responsibility Innovation Teamwork The Honorable Mayor and City Council Members March 6, 2003 Page 2 Truck sales/service Farm implement sales/service Freight transfer facility Fuel/ice dealers and manufacturers Engine motor sales, service and repair Refrigeration equipment supply sales and service Animal hospital/clinic Kennel 2) The CS zoning shall only apply to the eastern portion of the property. 3)That arborvitae screening shall be provided on the west side adjacent to the R-1 District. Options for Council Voting The written opposition to the original request is 24.7% of the property owners within 200 feet. A super-majority vote is needed for the City Council to approve the original request. If the area to be rezoned to CS is reduced to the eastern portion of the property, as recommended by the Zoning Advisory Commission, then the written opposition is reduced to 13.1% of the property owners within 200 feet. A simple majority vote is needed for the City Council to approve the reduced area for CS rezoning. A simple majodty vote is needed for the City Council to deny the request. Respectfully submitted, Eugene Bird, Jr., Chairperson Zoning Advisory Commission Attachments Qb/of Dubuque Planning Services Depadcment Dubuque, IA 5200:1"4864 Phone: 563-589"42:10 Fax: 563-589-422:1 PLANNtNG APPLICATION FORM [] Variance g CondiUona) Use Permit g Appeal ~ Spedal Exception 5 Limited Setback Waiver E~R~e. zoning [] Planned Distdct [] Preliminary Plat [] Minor Final Plat [] Text Amendment [] Simple Site Plan D Minor Site Plan [] Major Site Plan [] Major Final Rat [] Simple Subdivision [] Annexation ~3 Temporary Use Permit [] Cer'dficate of Economic Non-V~ability [] Certificate of Appropriateness [] Other: / State: Zip:ooI Mobile/Cellular Number: Applicant/Agent: Phone: Address: Ob/: State: Zip:, Fax Number: Mobile/Cellular Number: Existing zoning: /~("~-- Proposed zoning: C ~' Historic District: /_)/~ Landmark: Legal Description (Sidwell parcel ID# or lot number/block number/subdivision):. )< Total property (Iot) area (square feet or acres): ,~.~'~x~e[¢ .~.'~, Desaibe proposal and reason necessary (attach a letter of explanaUon, if needed): CER'~FiCATION: I/we, the undersigned, do hereby certify thab 1. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record; 2. Fees are not refundable and payment does not guarantee approval; and 3. All additional required written and graphic materials are attached. "~ PropertyOwner(s): ~c~4- ~Ot~ Z~[*t.~'J~ Date: J/?//O~ · _ -! -! AppJic~nt/Agent: Date: FOR OFF[CE USE ONLY - APPL[CA~F'LON SUBMTITAL CHECKI.ZST g Site/ske~ plan ~ ~n~al ~velop~nt Plan O~o g Plat ~ [m~veme~ plans ~ ~ign review p~j~ d~on . D R~r plan ~ ~: REZONING STAFF REPORT Zoning Agenda: March 5, 2003 Property Address:Crescent Ridge Road, west of Cedar Cross Road Property Owner:Tom and Ed Zalaznik Applicant:Tom and Ed Zalaznik Proposed Land Use:Commercial Existing Land Use:Vacant Adjacent Land Use:North- Commercial East- Commercial South - Residential West- Residential Former Zoning:1934 - County; 1975 - County; 1985 -Agricultural Total Area: Property History:The subject property has been vacant since its annexation into the City. Proposed Zoning: CS Existing Zoning: AG Adjacent Zoning: North - C-3/PC East - CS South - R-1 West- R-1 Physical Characteristics: The subject property is located on the north side of Crescent Ridge Road and the western portion of the subject property is located behind single- family homes also fronting on Crescent Ridge Road. The property has been filled on the east portion of the site, while the west portion of the site behind the single-family homes slopes down to the middle fork of the Catfish Creek. Concurrence with Comprehensive Plan: The current Comprehensive Plan identifies the area as open space as it was vacant as of the adoption of the new Comprehensive Plan. Impact of Request on: Utilities: Existing utilities are adequate to serve the site. Traffic Patterns/Counts: Crescent Ridge Road is designated as a collector street. 1997 IDOT counts found that there were 1,260 average daily trips on Crescent Ridge Road. 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 Rezoning Staff Report - Crescent Ridge Road west of Cedar Cress Road Page 2 phases of development of the parcel, and that any future filling does not occur on the established floodway/flood plain of the middle fork of the Catfish Creek. Adjacent Properties: A commercial development typically increases the amount of traffic, noise and litter impacting adjacent properties. However, the level of impact is dependent on the type of commercial business that is established. CIP Investments: None proposed. Staff Analysis: The applicants are requesting rezoning of the subject property from AG Agricultural to CS Commercial Service and Wholesale District. The Commercial Service and Wholesale District allows for a wide range of commercial uses. The applicants have discussed utilizing the subject property for construction of mini- warehousing units and a possible office/commercial building on the eastern portion of the site. The subject property is currently zoned AG Agricultural and was applied to the property when it was annexed into the City. The CS Commercial Service and Wholesale Distdct is the least intense zone that allows for mini-warehousing. The applicants have indicated that if approved, the mini- warehousing would be located on the western portion of the site behind the existing single-family homes. The eastern portion of the site may be developed in the future for a commercial or office-type building. Attached to this staff report is a copy of the CS Commercial Service and Wholesale District that provides a list of the uses allowed by the CS District. The eastern portion of the subject property has been a fill site for a number of years. Planning staff recently has investigated the encroachment of the fill toward the established floodway of the middle fork of the Catfish Creek. To date, based on Planning staff's estimates, the fill has not encroached on the floodway, but is in close proximity. The applicants have cooperated with Planning staff in ceasing fill operations on the eastern portion of this site. Planning staff has notified the applicants that any further development of the property will require that the floodway line of the middle fork of the Catfish Creek be established to insure that no fill encroaches on the floodway. Access to the site would be from Crescent Ridge Road. Crescent Ridge Road is designated as a collector street and based on 1997 IDOT traffic counts, Crescent Ridge Road currently carries approximately 1,260 vehicle trips per day. Many of the businesses allowed by the CS Commercial Service and Wholesale District tend to generate a relatively Iow level of vehicle trips compared to the more intense retail commercial districts within the City. The proposed mini-warehousing units would generate a Iow volume of traffic with access often restricted to specific hours or operation. Rezoning Staff Report - Crescent Ridge Road west of Cedar Cross Road Page 3 The Zoning Advisory Commission does have the authority to place conditions on a rezoning request to mitigate potential adverse impacts. These conditions can include the elimination of specific allowed uses within the zoning district requested. Planning staff recommends that the Zoning Advisory Commission review the standards for the granting of rezoning requests contained in Section 6-1.1. Prepared by: Reviewed: Date: Prepared by:. Laura Camtens. City Planner Address: 50 W. 13th St., City Hall Telephone: 589-4210 ORDINANCE NO. 17-03 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED ALONG THE NORTH SIDE OF CRESCENT RIDGE FROM AG AGRICULTURAL DISTRICT TO CS COMMERCIAL SERVICE AND WHOLESALE 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 from AG Agricultural District to CS Commemial Service and Wholesale District, with conditions, as shown in Exhibit A, 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 17th day of March, 2003. Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (2001), and as an express condition of rezoning of the property shown in Exhibit A and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa, and Which is the subject of Ordinance No. 17 -03, 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: The following conditions shall apply to the subject property: 1) The following permitted uses shall be allowed in this CS Commercial Service and Wholesale District: a) Railroads and public or quasi-public utilities, including substations [47] b) General offices - [14] c) Medical/dental lab - [9] d) Personnel services - [14] e) Off-street parking lot - [N/A] f) Furniture/home furnishing - [27] g) Appliance sales and service - [27] h) Furniture upholstery/repair - [18] i) Business services - [29] j) Office supply - [19] k) Vending/game machine sales and service - [19] I) Mail-order houses - [23] m) Lumberyards/building material sales- [19] n) Construction supplies, sales and service - [19] o) Printing/publishing - [32] p) Moving/storage facilities - [33] q) Auto parts/supply - [17] r) Mobile home sales - [40] s) Motorcycle sales and service - [41] t) Boat sales and service - [40] u) Recreational vehicle sales and service - [38] Memorandum of Agreement Page 2 B) c) D) E) [ ] Parking v) Vehicle rental - [47] w) Upholstery shop - [42] x) Contractor shop/yard - [33] y) Wholesale sales/distributor- [29] z) Agricultural supply sales - [19] aa) Processing and assembly- [33] bb) Tool, die and pattern-making - [33] cc) Mini-warehousing - [47] dd) Landscaping services (not including retail sales as primary use ) - [29] ee) Welding services- [29] group - See Section 4-2 of this Ordinance. 2) The requested rezoning to CS Commercial Service and Wholesale District shall be limited to the eastern portion of the site as shown in Exhibit A. 3) That arborvitae plantings shall be provided along the west border adjacent to existing single-family lots. Sufficient plantings shall be installed to provide a screen six (6) feet in height and 50% opacity within three growing seasons. Reclassification of the Subiect Property. The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the AG Agricultural District (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. 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. 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. 17 -03. 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.17 03 We, Tom Zalaznik and Ed Zalaznik, property owners, having read the terms and conditions of the foregoing Ordinance No. 17 -03 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 14 day of March, 2003. /s/ Thomas Zalaznik /s/ Ed Zalaznik Proposed Area to be Rezoned Applicant: Tom & Ed Zalaznik Location: Crescent Ridge Road, West of Cedar Cross Road Description: To rezone property from AG Agricultural District to CS Commercial Service and Wholesale District.