Zoning Key Gate Ctr 2 PR to C3Planning Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 52001-1864
(563) 589-4210 office
(563) 589-4221 fox
planning@cityofdubuque.org
April 8, 2003
The Honorable Mayorand City Council Members
City of Dubuque
City Hall- 50W. 13th Street
Dubuque IA 52001
RE: Rezoning
Applicant: Dan Mueller (tabled)
Location: South of Highway 61/151 and Highway 52 (Lot I of Key Gate Center No. 2
Description: To rezone property from PR Planned Residential Distdct to C-3 General
Commercial zoning 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 access to the site,
potential commercial businesses that would be interested in the site and the
surrounding land use. There was no public input.
Staff reviewed the history of the rezoning request for the subject property, and noted
that the C-3 Distdct is intended to be placed along highways and arterials.
The Zoning Advisory Commission discussed the request, noting that the C-3 District
required that six-foot high screening be provided adjacent to residential districts.
Recommendation
By a vote of 7 to 0, 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,
Eugene Bird, Jr., Chairperson
Zoning Advisory Commission
Attachments
C'Fo/of Dubuque
Planning Services Department
Dubuque, ~A 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
PLANNING APPLICATION FORM
[] Vadance
r-iconditional Use Permit
E]Spedal Exception
E]Umited Setback Waiver
~pRlezoning
armed Distdct
[]PreJiminary Plat
[]Minor ~nal Plat
[]Text Amendment
[]Simple Site Plan
r~Hinor Site Plan
[] Hajor Site Plan
[] Major Final Plat
n]simpie Subdivision
[]Annexation
[-lTemporary Use Permit
]-]Certificate of Economic Non-Viability
E]Certificate of Appropriateness
I-]Other:
Please Woe or orint legibly in ink
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Legal Description (Sidwell parcel_ ID# or lot_number/block numb~ r/subdivision):.
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Total property (lot) area (square feet or acres): /¢2 ~ / ~
CERTiFiCATiON: ~/we, the undersigned, do hereby ceCdfy that:
The infarma~an submitted herein is true and correct te ~ best of my/our knowledge and upan
submittal becemes public record;
2. Fees are not refundable and payment does not guarantee approval; and
3. All addiUanal required written and graphic materials are attached.
Applicant: Dan Mueller
Location: South of Highway 61/151
and Highway 52 (Lot 1 of Key Gate
Center No. 2)
Description: To rezone property from
PR Planned Residential District to C-3
General Commercial zoning district.
REZONING STAFF REPORT Zoning Agenda: April 2, 2003
Property Address:Lot I of Keygate Center No. 2
Property Owner:Daniel J. Mueller
Applicant:Daniel J. Mueller
Proposed Land Use: Commercial
Proposed Zoning: C-3
Existing Land Use: Vacant
Existing Zoning: PR
Adjacent Land Use:
North - U.S. Highway 52
East - Vacant
South - Mobile Home Park
West - Commercial
Adjacent Zoning: North - County
East - PR
South - County
West- Planned Commercial
Former Zoning:1934 - County; 1975 - County; 1985 - County Total Area: 10.15 acres
Property History: The subject property was annexed to the City in 1988. At that time, the
owner requested Planned Residential zoning, as he was not sure how he planned to
develop the property at that time. In February 2003, the applicant applied for rezoning to
Planned Industrial District to allow establishment of a concrete batch mix concrete plant.
The City Council referred the applicant's request back to the Zoning Advisory Commission
to allow him to apply for rezoning to a commercial designation.
Physical Characteristics: The subject property is relatively fiat and is located at an
elevation that is higher than U.S. Highway 52 but slightly below the adjacent mobile home
park.
Concurrence with Comprehensive Plan: The area is designated for multi-family
development in the Comprehensive Plan.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site through extension of existing
water and sewer mains.
Traffic Patterns/Counts: The IDOT 2001 traffic count for U.S. Highway 61/151 is
15,700 average vehicle trips per day. The count for U.S. Highway 52 is 7,700
average vehicle trips per day.
Public Services: Existing public services are adequate to serve the site.
Environment: Staff does not anticipate any significant impacts to the environment
provided adequate erosion control is provided during ali phases of development and
that storm water control is adequately controlled as it flows off the site.
REZONING STAFF REPORT - Keygate Center No. 2 Page 2
Adjacent Properties: Planning staff anticipates that adjacent properties will be
impacted primarily by increased levels of light and noise associated with development
of the parcel for commercial businesses.
CIP Investments: None proposed.
Staff Analysis: The applicant is requesting rezoning of the subject parcel from PUD
Planned Unit Development with a PR Planned Residential designation to C-3 General
Commercial. The C-3 General Commercial District is, "intended to provide commercial
uses which are designated to serve the motodng public or uses requiring highway or
artedal location for their most beneficial operation." The subject property is located
adjacent to the applicant's existing planned commercial district and the request represents
a continuation of the commercial zoning.
In 1988, the applicant requested the western portion of his property be zoned planned
commercial as he proposed constructing pdvate streets, which at that time, required that
the property be zoned to a Planned Unit Development designation. The City Zoning
Ordinance now has been amended to allow private streets within districts other than
planned unit development districts. The applicant intends to construct a new access from
U.S. Highway 52, which would be built to City standards and dedicated to the City to serve
the property included in this rezoning request. The applicant has reviewed the proposed
new street, which will have access to Highway 52, with the City Engineering Division.
Final approval of the access requires both Iowa Department of Transportation and City of
Dubuque approval.
The C-3 General Commercial District allows for a wide range of permitted uses, and a
copy of that district is attached for the Commission's review. The subject property is set
back from the U.S. Highway 52 right-of-way as well as the right-of-way for Highway
61/151. Planning staff anticipates that the commercial businesses that may locate to the
proposed area will tend to generate a lower level of traffic when compared to retail
commercial businesses that prefer a more visible location closer to the adjoining
highways.
The subject property is well buffered from most adjacent land uses except for the mobile
home park to the south. The Zoning Ordinance requires that where commercial
abuts residential developments that screening be provided to a height of six feet along the
common boundary line.
Staff recommends the Zoning Advisory Commission review Section 6-1.1 of the Zoning
Ordinance that establishes criteria for reviewing rezoning requests.
Prepared by: Reviewed: Date:
Prepared by:. Laura Carstens, City Planner Address: 50 W. 13th St,, City Hall Telephone: 589-42'i0
ORDINANCE NO. 32-03
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY
OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED SOUTHEAST OF HIGHWAY 61/151 AND HIGHWAY
52 INTERSECTION FROM PUD PLANNED UNIT DEVELOPMENT WITH A PR PLANNED
RESIDENTIAL DISTRICT DESIGNATION TO C-3 GENERAL COMMERCIAL 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 PUD
Planned Unit Development with a PR Planned Residential Distdct designation to C-3 General
Commemial District, to wit:
Lot 1 of Keygate Center No 2, and to the centefline 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.
Attest:
Section 3.
Passed, approved and adopted this
This ordinance shall take effect immediately upon publication, as provided by
21st
day of April 2003.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
DU549 CH-01 .TXT (1)
3-3.3. C-3 General Commercial District.
(A) Generalpurpose and description. The C-3 District is intended To provide commercial uses
which are designed to serve the motoring public or uses requiring highway or arterial
locations for their most beneficial operation and which cannot be more appropriately located
in other commercial districts.
03) Principal,permitted uses. The following uses shall be permitted in the C-3 District.
(1) Railroads and public or quasi-public utilities including substations-[47].
(2) Residential uses above the first floor ordy-[6].
(3) Mortuary/funeral home-[6].
(4) Museum/library-[13].
(5) Schools of private instruction-[4].
(6) Private club-[20].
(7) General offices-[14].
(8) Medical office/cliuic-[36].
(9) Dental/medical lab-[8].
(10) Personal services-[ 14].
(11) Barber/beauty shops-[16].
(12) Motel-[24].
(13) Gas station-[18].
(14) Retail sales/service-[17].
(15) Laundry/dry cleaner- [ 19].
(16) Shoe repair-[18].
(17) Bakery (wholesale/commercial)-[19].
(18) Indoor restaurant-[20].
(19) Bar/tavern-[20].
(20) Automated gas station-[18].
(21) Service station-[21].
(22) Supermarket-[ 17].
(23) Tailoring/alterations-[18].
(24) Furniture/home furnishing-[27].
DU549 CH-01.TXT (3)
(55) Farm implement sales and service-[39].
(56) Mobile home sales-[40].
(57) Motorcycle sales and service-[41].
(58) Boat sales and service-[40].
(59) Recreational vekicles sales and service-[39].
(60) Vehicle rental-[47].
(61) Upholstery shop-[42].
(62) Local shopping center-[17].
(63) Parking su'ucmres-[N/A].
(64) Contractor shop/yard-[33].
(65) Wholesale sales/distributor-[29].
(66) Agricultural supply sales-[19].
[ ] Parking group - See Section 4-2 of this Ordinance.
(C) Accessory uses. The following uses shall be permitted as accessory uses as provided in
Section 4 of this Ordinance:
(1) Any use customarily incidental and subordinate to the principal use it serves.
(D) Conditional uses. The following conditional uses are permitted in the C-3 District, subject to
the provisions of Section 5 of this Ordinance and are the minimum requirements for
application to the Board of Adjustment for a conditional use permit:
(1) Outdoor recreation/outdoor amusement center provided that:
(a) Hours of operation shall be limited, 8:00 a.m. to 12:00 midnight, unless further
limited by the Board of Zoning Adjustment.
(b) The parking group requirements can be met-[37].
[ ] Parking group - See Section 4-2 of this Ordinance.
(2) Group day care center provided that:
(a) Forty (40) square feet of indoor floor area (excluding halls and bathrooms) is provided
per child in areas occupied by cribs;
(b) Thirty five (35) square feet of indoor floor area (excluding halls and bathrooms) is
provided per child in areas not occupied by cribs times the licensed capacity;
(c) Seventy five (75) square feet of fenced outdoor recreation space is provided per child
using the space at a given time;
(d) Such facility shall provide for the loading and unloading of children so as not to
obstruct public streets or create traffic or safety hazards;
2100 Stonehill Drive
KEY WEST
Hardware
Help Is Just Around The Comer
Dubuque, Iowa 52003-7017
· (319) 582-2100 · Fax. {319) 582-0084
To: Kyle Kritz
Associate planner
planning Services Depastmcrtt
City of Dubuque
From: Larry Blatz
Key West True value & Commexcial Supply
Re-zoning request
Lot 1 of Key Gate Center No. 2
By Mr, Daniel Mueller
We would like to encourage the members of the City of Dubuque Zoning Advisory
Commission to vote in support of the request to rezone the property located South of Highway
61/151 and Highway 52 (Lot 1 of Key Gate Center No. 2), to rezone the property from PR
Planned Residential District to C-3 General Commercial zoning district.
We feel that this is a very suitable requet for use of the property. The area South of
Dubuque is growing and as you know the request for retail and commercial property is growing
in this part of town.
We ask that you please support Mr. Daniel Mueller request to rezone to C-3 Commercial.
April - 2 2003
CITY OF DUBUQUE
PLANNING SERVICES DEPARTMENT
TOTAL P.01