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Request to Rezone_Commerce Park_CallahanPrepared by: Laura Carstens. City Planner Address: Citv 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. 60 -09 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, 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 Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amerided by reclassifying the hereinafter-described property from CS Commercial Service and Wholesale District to R-4 Multi-Family Residential District, to wit: Lots 1, 3, 10 and C of 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 21st y of December 2009. . D. Roy D. ol, Mayor: Attest: eanne F. Schneider, City Clerk Planning Services Department City Hall 50 West 13th Street Dubuque, IA 52001-4864 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD ulannins;@citvofdubua ue.org THE CITY OF Dubuque DuB E Masterpiece on the Mississippi 2U07 December 8, 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 (Lots 1, 3, 10 and C of 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, noting that by rezoning the subject parcel, a better transition will be provided between the low density residential and the apartment buildings. Staff reviewed the location of the four parcels and the surrounding zoning and land use. Rick Dickinson, Greater Dubuque Development Corporation, spoke in support and noted the need for housing in Dubuque. The Zoning Advisory Commission discussed the request, with the majority of members supporting the request because the four parcels to be rezoned help make a more appropriate transition between the existing residential and commercial use and the proposed apartments. Recommendation By a vote of 5 to 1, 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 TIiS CITY OF Qubpque City of Dubuque Dins E !~ [i Planning Services ©epartment Mnsferpiece on tl~e Mississippi ,oo~ Dubuque, IA 52001-4864 Phone: 563-589-4210 Fax: 563-589-4221 PLANNING APPLICATION FORM ^Variance ^Pfanned District ^Major Site Plan ^Certificate of Economic Non-Viability ^Conditibnal Use Permit ^Preliminary Plat ^Major Final Plat ^Certificate of Appropriateness ^Appeai ^Minar Final Piat ^Simple Subdivision ^Historic Designation ^Speciai Exception ^Text Amendment ^Annexation ^Neighborhood Assoc ^Limi ed Setback Waiver ^Simple Site Plan ^Temporary Use Permit ^Adyisory Design Review ezoning ^Minor Site Plan ^Other: Please tvue ar print leaibiv in ink Property owner{s): ~l\~~(l~`(li'l C h~'lS'~1 1C-~i C1`C'1 Phone: `l~n~-~R R " ~il.~ Address:. ~ n c~,Ca C h~~,pP rf P ~~City:_~ Ih~V~1 \Q State: ~ I~v cY1 Zip:{~~ Fax Number:~5h~'S~ca-~?.1~ Cellular Number:~2~,11`~-Ill1~" E-mail Address: } ' ~1 h~l Y~ - r~!' ~4 \~(x{cn ~. ApplicantJAgent: ~~llP ~ C'[l1~(Z\'Yl'(-l Phone:s~lln~- ~1QQ -Uc~.1.~ Address: 1 l~aol C(~mmP t (~ R~r~C_ city: ~~ ~ h~ ~~- \ e .state: \C'a t~C1 Zip: `Y~~2c~j. Fax:.~ln,~-.~SZa-~~.1~ Cell: ~=~\~-11~15 F-mail: ~n - it hnt'~i ~(`(a ~~~i f~. nefi Sitelocatian/address: 1_C~~- (` _ ~4Q.~~Y.~11L. ``1\'CY~\V\S1(~Cl ~~ll,.~ Existin zoning:. ~' . Proposed zoning: ~~-~- District: ~\ \ Pc ~ Landmark: ~o\~~m~rUC~I P>es~dent-i~1 Legal Description (Bidwell parcel ID# or lot nurnberJblock number/subdivison): 1~~~' C. £, n i R~l'tC tl ,~. wes-Norc~a`~. ~~~~V ~S~l~r1 - Total property (lot) area (square feet or acres): Describe proposal and reason necessary (attach a letter of explanation, if needed):. CERTIFICATION: I/we, the undersigned, do hereby certify that: 1. It is the property owner's responsibility to locate property lines and to check your abstract for easements and restrictive covenants. 2. The information submitted herein is true and rnrrect to the best of my/our knowledge and upon submittal becomes public record; 3. Fees are not refundable and payment does not guarantee approval; and 4. Ail additional required written a raphic materials ar attac~hed.~ / Property Owner(s): ~z~~ ~D til/ ~ ~~l° a Date: 1v~/~ / /f ~ /y ~ ~ Applicant/Agent: ~/ ~/~ ~ _ _ Date: ~_ y FORyOFFICE U ONLY-APPLICATION SUBMITTAL CHECKLIST Fee? 3 7 S Received by: __~~~~ ~~~/ Date: //~/~ocket: i o Site/sketch plan ^ Conceptual Devel ment Plan GPhoto ^ Plat ^ Improvement plans ^ Design review project description D Floor plan o Other: TkIH CITY QF Dubuque City of Dubuque ~~~ Ei~ Planning Services Department Dubuque, IA 52001-4864 Masterpiece on f~1e Mississippi ±oo~ Phone: 563-589-4210 Fax; 563-589-4221 PLANNING APPLICATION FORM Variance ^Planned District ^Major Site Plan ^Certificate of Economic Non-Viability ^Conditional Use Permit ^Preliminary Plafi ^Major Final Plat Certificate of Appropriateness DAppeal ^Minor Final Plat (^Simple Subdivision OHistoric Designation Special Exception Next Amendment Annexation ^Neighborhood Assoc OLir~ited Setback Waiver " ^Simpfe Site Plan []Temporary Ilse Permit (]Advisory Design Review Other: ezoning L-I~ ^Minor Site Plan Please tune or urint teaibly in ink Property owner(s): C1C11\(•'\rc~'l`C•l ~)7Yl.S~Y1 \C "hC~C-1 Phone: ~~' ~~ ~ - ~~~~ Address: ~ ~C\ C_ Clm~`Y~P Y(Q ~\ C ~ pity: 1~ .Ih~11~1 ~ P State: 1(l~ xY~ Zip:~~~~~ Fax Number:~b~-~SZc~"y,~~~ Cellular Number:,5lo~-~\'~-ll'S15 E-mail Address: ~(1.~~(i1'Y~~1~ -'1C Gam, ~C~~~.C1~,~- Applicant/Agent: ~ ~I~Q \ C' ~\ \\C-\rc'-~ Phone: ~~0.~- ~Q R - ~ r` 1 .~ Address: -1 lr,~Ll C (ln-1'CY10 rC ~. ~1Y4 City:~1 \\'~~1 11 State: I (ll~ ~Cl Zip: ~~~ Fax:`~1(n~-~'1Qc~-• ~~~~ ,Cell: ~tn~-~\~. -~(~IS E-mail: ~ Cad\Cl~rnrl\rC ~~ICX 1"~ •i~1C~ - - Site location/address: l (1-E- 1('1 , l~~k:. ~~ t~~ ~1~ ~`~~ll~f . ~1 1~\\I \•~ ~l~\r'1 Existing zoning: ~. Proposed zoning: ~~ District: ~\ \ l~ \ Landmark: COrn\~rGC\ 1 I~~Sid~ClfiCl\ Legal Description (Sidwell parcel ID# or lot number/bloc number/subdivision :S o~ ~~ ~ ~~ ~ < <^''} 1 ~3t ocr. 3 ~ ~ W s~broo~. SLR i v ~ s i C~1'l Total property (lot) area (square feet or acres): C~~ ~ Q ~ .~ ~ • -~' • ~ t'1 • ~~" ~`~ rP-~~ Describe proposal and reason necessary (attach a letter of explanation, if needed):. CERTIFICATION: I/we, the undersigned, do hereby certify that: 1. It is the property owner's responsibility to locate property lines and to check your abstract for easements and restrictive covenants. 2. The information submitted herein is true and correct to the best of myJour knowledge and upon submittal becomes public record; 3. Fees are not refundable and payment does not guarantee ap.provai; and 4. All additional required written an~j graphic materials are attached. ~; / /J~ ,~ Property Owner(s). d~ [[['~" p~,~t'1-"~ w e/~ o~~'G Applicant/Agent: _ ~-~'/~~"- /t.Gi L - -7_ FOR OFFICE US ONLY-APPLICA~TION~SUBM~~CHECKLIST Fee: Received by: ~1/ ./- iEq" ^ Site/sketch plan ^ Conceptual Deveicl~ment Pian Date: %d~G-/Ii 9 Date: _ Date: ~~ ~ Docket: ^Photo ^ Plat ^ Improvement plans ^ Design review project description ^ Floor plan ^ Other: THE CT3'Y OF Dubuque TT ~ City of Dubuque V ~ E ~~ ~` Planning Services Department Masterpiece ott the Mississippi i~007! Dubuque, IA 52001-4864 Phone: 563-589-421fl Fax: 563-589-4221 PLANNING APPLICATION FORM ^Variance ^PI"anned District QMajor Site Plan QCertificate of Economic. Non-Viability ^Conditional Use Permit ^Preliminary Plat ^Major Final Piat ^Certiflcate of Appropriateness ^Appeal ^Minor Final Plat QSimple Subdivision ^Historic Designation ^Special Exception QText Amendment QAnnexation ^Neighborhood Assoc ^Lip~ed Setback Waiver ^Simple Site Plan QTemporary Use Permit ^Advisory Design Review [~l~ezoning ^Minor Site Plan ^Other: Please tune or print legibly in ink Property owner{s}; ~' n l 1n!Clnn C' (~n.5~"Y'1 IC`~1 C~ rl Phone: ~ In ~ - ~ S2 S? -- ~-1- r~"l Address: -1lrZaU CC~mrYV Y[ Q . Pnr1~,City: ~l -h~ \n \ \P State: \ c~~ ~~,~ Zip: Sc~00c~-. Fax Number:5b,~~h'~-y.~ ~ ~~ Ceilu[ar Number:~~in~, -,a1?,-1i1]~E-mail Address: ~(\~~(~YiYI l rlC t~ ypl~~ .1'1( Applicant/Agent: ~ ~t1Q .~ ~' fl \ 1 Cl 1"l~l rl Phone: ~~, ~O.a - S~g -- ~~-1.~ Address: ~11n~~1 (^f`X~(11MP 1rt Q ~'Ir~.City: 1~ 1k111(}t 1 P State: ~C1t~~C'~ Zip:~(~~~ Fax:~en~ -.SAa- ~-1-,~ i ~ Cell: 5b.~ -~~~-1n~~ E-mail: CC1\iC~irnn~.rc' ,~\~p,L1~. t1~~ Site location/address:~.,_f>~' ~~ ~' ~ (")C ~ :~ ~~ ~nl P C-~~1YIlt\~(, ~1 1 YY~ i ~l ~ ~1(1~1 Existin zoning: ~ Proposed zoning: ~~r District: ~\ 1 R ~ Landmark: Co rn 1^`t2 rcia 1 ResiU~n-ric~\ `'~1 ~ 1Q (~tl~ Legal Description (Bidwell parcel ID# or lot number/block numberJsubdivision}: ~~ Total property (lot} area (square feet or acres): ~~i .c~~l <~ . ~~- . ~ Cl .GLI rl ~ rn .C1 Describe proposal and reason necessary (attach a letter of explanation, if needed):. CERTIFICATION: I/we, the undersigned, do hereby certify that: 1. It is the property owner's responsibility to {ocate property lines and to check your abstract for easements and restrictive covenants. 2. The information submitted herein is true and correct to the best of myJour knowledge and upon submittal becomes public record; 3. Fees are not refundable and payment does not guarantee approval; and 4. All additional required wr~ritten and graphi/c~materials are [[attached. Property Owner(s): / ~! i.u( T~~~d L Date; ~O//l~/I'% ~~ Applicant/Agent: _ Date: /l/ ~ ' lj_- --- _ _ _ ---- -_ FOR OFFICE USE~O Y - APPLIC~ON$UBM AL CHECKLIST Fee: Received by: ~i' //~%/ Date: ~~ ~ ocket: ^ Site/sketch plan ^ Conceptual Deve pment Plan ^Photo ^ Plat ^ Improvement plans ^ Design review project description ^ Fioor plan ^ Other: Tlifi CITY CF Dubuque ~ City of Dubuque ~~~ E ~~ ~f Planning Services Department Maste iece on. the Mississl I ,~ Dubuque, IA 52001-4854 rP pP oo~ Phone: 563-589-4214 Fax: 5b3-5$9-4221 PLANNING APPLICATION FORM ^Variance ^Conditional Use Permit ^Appeal ^Special Exception ^Limited Setback Waiver ^R~e oning ^Planned District ^Preliminary Plat ^Minor Final Plat ^Text Amendment ^Simple Site Plan ^Minor Site Plan ^Major Site Plan ^Major Final Plat ^Simple Subdivision ^Annexation ^Temporary Use Permit ^Certificate of Economic. Non-Viability ^Certificate of Appropriateness ^Historic Designation ^Neighborhood Assoc ^Advisory Design Review ^Other: Please tune ar mint leaiblu in ink Property owners}: ~ (i ~ ~ ll ~'Y1 r l ~' nn~~r 1 l(" ~-i (1 t%-1 Phone: ~In~ ' ~R R - ~ cam' +-1 Address: -l lr~G l' t~mP rr P Can rl~ City: n1 111 1(~1 1 P State: ~ (~l I Yt Zip: ~C~C~c~ Fax Number:~tn~-~S~r1-~-1?~~~1 Cellular Number:~C..i~-a1?,-II~ISE=mail Address: Cn~~(11~CtCl\ rC~yc,>L\~ C1C~ Applicant/Agent: ~ ill? ~ ~ R 1 \ (lI('1(l \~ Phone: ~11n ~- X52 R ' \~ c~1-'~ . Address: `-1ln~C~l ~(lrnt'~IOrCQ ~1rk. city:\~\c~l \P State: 1t'~\ ,~1Q zip:~'~~~ Fax: ~ln~.- SR c~ - ~ ~1 ~ Cell: ~n~ - a\~ - - i~15 E-mail: ~,~(~~Y'1t'11 ~' ~ \lf~1 ~~, , ~-t- Site IocationJaddress: 1.111 ~"" 1 ~ ~~ 11C ~( ~ l~~ ~l\l ~ C~hml1~L . ~l 111 ~i ~.C1 n Cl Existing zoning: ~' . Proposed zoning: P1`~ District: 1\ 1 (~ ~ landmark: CO111\"`t1~Y"C~C\1 ~5\~\'1~RQ~ Legal Description (Bidwell parcel IDft or lot numberJblock number/subdivision): ~ ~,~1~~~1~['~ ~,n~ Total property (lot) area (square feet or acres): \ d1 .~ $Z ~ ~ . ~ . (l~ , ~.-~ n C~~C' `C'P ~~ Describe proposal and reason necessary (attach a letter of explanation, if needed):. CERTIFICATION: I/we, the undersigned, do hereby certify that: 1. It is the property owner's responsibility to locate property lines and to check your abstract for easements and restrictive covenants. 2. The information submitted herein is true and correct to the best of myJour knowledge and upon submittal becomes public record; 3. Fees are not refundable and payment does not guarantee approval; and 4. All additional require/d~jwr/itten and graphic,~ma~terials~are attached. /~l /~ Property Owner(s): I "d l~ c~~ G~_-l/tis / u:~~d ^:: .Date: %~! `~ /fig' _ d Applicant/Agent: Date: FOR OFFICE U ONLY - APPLICAT O SUB AL CHECKLIST Fee: Received by: _ ~/ /. .!~~~ Date: // ~G D{~ocket: L `` ^ Site/sketch plan D Conceptual Dev~lOpment Plan ^Photo ^ Plat ^ Improvement plans 0 Design review project.description 0 Fioor plan ^ Other: G ~ ~ nni~ni F ~ _ ___... ~~a ~° N ... , o0 O ` CS ~ ~ AG Q Dubuque. THE CTTY OP ~,,,~ D~u;B ~ ~ . u~~; ~, ,~ . ~, 4 Masterpiereon flreMississippi 2007 Vicinity Map. Applicant: Joel Callahan o ~ _- ~ . ter`-I ~~ ~ - L ~~ LI `~ T4 SF GJ- ~~~ I I I I~ I ~/~ %/ ~~~ ~, \ / R.~ ~--~ - - 0 Location: Commerce Park (Lots 7 , 3, 10 and C ni Block 3 Westbrook Subdivision) Description: To rezone property from CS Commercial Service & Wholesale District to R-4 Multi-Family Residential District. ~,J ~ ~. ~I t _ ~ n I ~ r / I 7 1 1~ Data Provided by Dubuque County GIS ~\ I ,.,/ -. ~ Legend ~~~/~ Proposed Area to be Rezoned Zoning (B&1!~ ~` ~ City Limits REZONING STAFF REPORT Zoning Agenda: December 2, 2009 Property Address: North and 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 - R-2 East - CS South - R-4/PI West - CS Former Zoning: 1934 -County Total Area: 2.48 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 parcels are served by Commerce Park a public street built as part of the subdivision that runs east to west. The properties are on the north and 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 four parcels, approximately 2.48 acres in size, and located on the north and south side of Commerce Park. The applicant has indicated he proposes to develop the parcels with apartment buildings. The applicant has estimated that 40 apartment units could be constructed on the four parcels. The 2030 Future Land Use Map and the City's Comprehensive Plan designate 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 259 ADT when all 40 dwelling units 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 of the 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: A///~ Date: ~~ ~~09 ~Gy~°'Y Page 1 of 2 Jeanne Schneider -Fwd: Jane Ainley From: Kevin Lynch <klynch~anet-smart.net> To: <jschneid(a~cityofdubuque.org> Date: 12/02/2009 9:29 AM Subject: Fwd: Jane Ainley Hi Jeanne, This is the message I called you yesterday morning. Can you please include it with Council material as we discussed on the phone? Also can you please add Jane to the email list of people that get the council agendas when they come out? Thanks! Kevin Lynch ---------- Forwarded message ---------- From: Kevin Lynch <klvnch(a~.citvofdubuque.org> Date: Tue, Dec 1, 2009 at 2:35 PM Subject: Fwd: Jane Ainley To: KLvnch(n net-smart.net ---------- Forwarded message ---------- From: "Info" <infonainlevkennels.com> To: <klvnch(a~citvofdubuque.org> Date: Mon, 30 Nov 2009 15:50:46 -0600 Subject: Jane Ainley Dear Mr. Lynch, This letter is written to voice my concern with the zoning change(commercial -2 to PUD) Lot 8 Westmark next to the industrial park. We, Ainley Kennels & Fabrication, Inc., were not notified of this proposed change because of our distance from the site, but feel we should have had some input since we are governed by a convenants for the entire park. We also feel it is typical that this was quickly pushed through to avoid objections. What will the city do when the industrial park is a recreational park for the residents of the 214 unit apartment complex? Who will foot the bill when we property owners, are asked to fence, lay cement for sidewalks etc? We are each trying to run viable enterprises in a tough economy. We also currently employ Dubuque residents. The liability issues are clear and we have already contacted our law firm concerning those that are most obvious. It is very clear that the small existing file://C:\Documents and Settings\jschneid\Local Settings\Temp\XPgrpwise14B163396DB... 12/02/2009 Page 2 of 2 businesses in this community are expendable. It is very frustrating when you have invested large amounts of time and money to run a nice, decent business that respects their employees. One thing is sure, there are a handful of folks that are benefiting in a large way. I would like your thoughts on why it appears that the well publicized 1300 jobs seem to be for those other than Dubuque residents. When the IBM promotion began we were told about the 1300 jobs to be available. The focus now seems to be housing for all the new employees of IBM that are relocating here. Please explain the benefit for Dubuque. Ron and I would like you to revisit the zoning change. I know this is difficult since our city employees have control, but I do believe in capitalism and democracy. Does our city government believe the same? Sincerely, Ron and Jane Ainley file://C:\Documents and Settings\jschneid\Local Settings\Temp\XPgrpwise\4B163396DB... 12/02/2009