Zoning 3280 Pennsylvania SelchePlanning Sexvices Department
City Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 589-4210 office
(563) 589-4221 fax
planning@cityofdubuque.org
May 12, 2003
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
RE: Rezoning
Applicant: Steve & Judy Selchert
Location: 3280 Pennsylvania Avenue
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, stating that he needs additional space to
store and display landscaping supplies and plants. Mr. Selchert indicated that he would
design and build a new access from his existing store down to the subject property.
Staff reviewed surrounding zoning and land use, and indicated that a portion of the
property lies in a flood plain.
There were several public comments opposed to the rezoning, expressing concerns
regarding traffic, existing problems with the sanitary sewer system and storm water.
Neighboring residents also were concerned about the impact of some land uses allowed
in the C-2 District.
The Zoning Advisory Commission discussed the request, noting that the subject parcel
does not lend itself to development for many of the listed C-2 uses, because of the lack
of visibility and poor access. The Commission noted that the rezoning of the parcel
itself would not allow construction in the floodplain, which is governed by the City's
Floodplain Ordinance.
Recommendation
By a vote of 5 to 1, the Zoning Advisory Commission recommends that the City Council
approve the request.
Service People Integrity Responsibility lnnovalion Teamwork
The Honorable Mayor and City Council Members
Rezoning - 3280 Pennsylvania Avenue
May 8, 2003
Page 2
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
Eugene Bird, Jr., Chairperson
Zoning Advisory Commission
Attachments
cc: Mike Koch, Public Works Director
Qb/of Dubuque
Planning Services Deparl~ent
Dubuque, IA 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
PLANNING APPLICATION FORM
~ Variance
D Conditional Use Permit
[] Appeal
C Special Exception
~ Umited Setback Waiver
~l[~Rezoning
O Planned District
[] Preliminary Plat
[] Minor Final Plat
[] Text Amendment
[] Simple Site Plan
[] Minor Site Plan
[] Major Site Plan
[~ Major Final Plat
E~ Simple Subdivision
~ Annexation
O Temporary Use Permit
g Ceddfmate of Economic Non-Viability
[] Certificate of Appropriateness
Please type or print leaJblv in ink
Properb/owner(s): ~T~/J~ ~- _~-~Oj
Fax Number: ~3- '75'~, -.~ -P ~--.<~
Applicant/Agent: %~-,~ ~-~
Mobile/Cellular Number:
Phone:
Address: Ob/:
Sl~e: .Zip:
Fax Number:
Mobile/Cellular Number:
Site location/address:
Existing zoning: ~'~- t Proposed zoning: (~, Historic District:
Landmark: -
Legal Description (Sidwell parcel ID# or lot number/block number/subdMsion):.
Totel property (lot) area (square feet: or acres): ~ ~ ]~ ~.. ~oO ~. ~
Describe proposal and reason necessaw (attach a lel:~' of explanation, if needed):
CERT~F~CATZON: I/we, the undersigned, do hereby certify that:
1. The information submittL~ herein is true and correct b3 the best of my/our knowledge and upon
submittal becomes public record;
Fees are net refundable and payment does not guarantee approval; and
All adcr~fional required wd[ten and graphic materials are attached.
Property Owner(s): ~ ~.~
ApPlicant/Agent:
Date:
FOR OFFZCE USE ONLY - APP~ZCATZON SUBMZTTAL CHECKLZST
[] Sit~/sketch plan [~ ConcePtual De,/~3ment Plan oPhoto [] Plat
[] Improvement plans [] Design review pro'j-ect descdpUon [] Floor plan [] Otfler:
To whom it may concern:
Gardening is the number one hobby of homeowners in the country today.
This trend shows no signs of waning, however, in Dubuque we do not have
a "Garden Center".
Over the past years there have been numerous references made by City
Council, Chamber of Commerce, and other business and civic leaders to
the fact that retail dollars are leaving our community. These dollars are
going to Cedar Rapids, Iowa City, Madison, Waterloo, and the Quad Cities.
In order to stop the flow of retail dollars to these areas, it would seem to
me that we must offer the residents of this area an alternative resource for
their shopping needs.
We therefore are applying for rezoning of the property behind 3280
Pennsylvania Avenue so that we can expand our Garden Center on JFK
Road.
We fully understand the reasoning and need for zoning laws. However, we
also feel that this change would vastly improve our Garden Center with
virtually no impact on the surrounding neighborhood. It would also create
a smooth transition between the commercial areas on JFK Road and the
single and multifamily areas on Butterfield Road and Kensington Place.
Since purchasing the property on Pennsylvania Avenue seven years ago,
we have cleaned up and maintained the property on a regular basis. We
have planted a row of arborvitaes on the east property line to provide a
screen. The area, to quote a neighbor, "looks like a park". We have every
intention of continuing our schedule of maintenance and being a good
neighbor to those who live in the area.
To remain a viable business in this highly competitive marketplace, we
must expand to meet the needs of our customers. Thank you for your time
and consideration.
Sincerely,
Steve Selchert
President
Steve's Ace Hardware
1670 JFK Road
Dubuque, IA 52002
Steve's Ace Hardware
1870 JFK Road
Dubuque Iowa 52002
PENNSYLVANIA AVE
Applicant: Steve & Judy Selchert
Location: 3280 Pennsylvania
Avenue
Description: To rezone property
from R-1 Single-Family Residential
Distdct to C-2 Neighborhood
Shopping Center District.
REZONING STAFF REPORT Zoning Agenda: May 7, 2003
Property Address:3280 Pennsylvania Avenue
Property Owner:Steve and Judy Selchert
Applicant:Steve and Judy Selchert
Proposed Land Use: Commercial
Proposed Zoning: C-2
Existing Land Use: Non-commercial nursery
Existing Zoning: R-1
Adjacent Land Use:North - Residential
East- Residential
South - Commercial/residential
West - Residential
Adjacent Zoning: North - R-1
East - R-1
South - C-3/PR
West - C-3
Former Zoning:1934 - County; 1975 - R-5; 1985 - R-1
Total Area: 17.3 acres
Property History: The subject property has been used as a single-family residence for
many years. The applicant currently owns this property and has utilized the south portion as a
non-commercial nursery. A non-commercial nursery is an allowed use in a R-1 Single-Family
Residential zoning district. In August 1993, the applicants requested rezoning of the subject
parcel to C-3 General Commercial and were denied by the City Council.
Physical Characteristics: The parcel has frontage on Pennsylvania Avenue and extends to
the south to a point behind the telephone facility on Kennedy Road. The property comprises a
total of 2.9 acres. The applicants are requesting approximately 32,000 square feet of the
property as shown in the attached location map be rezoned to C-2 Neighborhood Shopping
District. A portion of the property lies within the floodplain as indicated on the City's 1989
Floodplain Maps.
Concurrence with Comprehensive Plan: The Comprehensive Plan designates the property
for residential use.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site.
Traffic Patterns/Counts: The subject property fronts on Pennsylvania Avenue, which has
a 2001 traffic count of 11,000 average daily trips. Pennsylvania Avenue is designated as
a minor arterial. The parcel has direct street access to Kensington Place.
Public Services: Existing public services are adequate to serve the site.
Environment: The subject property is partially located in a floodplain of the middle fork of
the Catfish Creek. The applicant does not intend to develop any portion of the parcel
Rezoning Staff Report - 3280 Pennsylvania Avenue Page 2
that lies within the floodplain area. Any grading or construction on the property would
require that erosion control be provided.
Adjacent Properties: The rezoning of the subject parcel to C-2 Neighborhood Shopping
Center District can be anticipated that additional noise would be generated by any
additional use of the subject property. The Commission may want to discuss whether
access through the residential area served by Kensington Place should be allowed to the
proposed commercial area.
CIP Investments: None are proposed for this area.
Staff Analysis: The applicants are requesting rezoning of the subject parcel from R-1 Single-
Family Residential zoning district to C-2 Neighborhood Shopping Center District. The
rezoning is requested to facilitate the operation of Steve's Ace Hardware on the adjacent
parcel to the west, which is currently zoned C-3 General Commercial.
The subject parcel has an existing single-family home on it and the parcel runs from
Pennsylvania Avenue all the way to behind the telephone company building on John F.
Kennedy Road. The applicants are only requesting the rezoning of approximately 32,000
square foot of the parcel as shown on the attached IocaUon map. If the request is approved
by the City Council, the applicants will then subdivide the subject parcel to avoid having both a
commercial and residential use on the same parcel. The house is currently rented out and the
applicants intend to continue to rent the property in the future.
The subject area is currently used as a non-commercial nursery. A non-commercial nursery
is an allowed use in the R-1 Single-Family Residential District. A non-commercial nursery
allows for the growing of shrubs and trees, but does not allow for the sale of those plantings
on the site.
The subject property has frontage at the very end of Kensington Place. This public street
serves seven single-family homes and connects to Butterfieid Drive. There is an existing
arborvitae screening between the subject parcel and the last two single-family homes on
Kensington place. There is an existing gate that controls access to the parcel owned by the
applicants.
Planning staff recommends that if the Zoning Advisory Commission recommends approval,
that they consider restricting access to Kensington Place, and whether additional screening is
necessary. Planning staff also recommends that the Zoning Advisory Commission review
Section 6-1.1 of the Zoning Ordinance, which establishes cdteda for the review of rezoning
requests.
Prepared by:_____________________Reviewed:____________Date:________________
Proposed Area to be Rezoned
Applicant: Steve & Judy Selchert
Location: 3280 Pennsylvania
Avenue
Description: To rezone property
from R-1 Single-Family Residential
District to C-2 Neighborhood
Shopping Center District.
Prepared by: Laura Carste~ Address: 50 W. 13th St., City Hall Telephone: 589-4210
ORDINANCE NO. 39-03
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT 3280 PENNYSLVANIA
AVENUE FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO C-2
NEIGHBORHOOD SHOPPING CENTER.
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 R-1 Single-Family Residential District to C-2 Neighborhood Shopping
Center District as shown in Exhibit 1, 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 19th day of May, 2003.
Attest:
2003.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
1) Why we
Zoning Request for 3280 Pennsylvania
PLR~J~
1) Why we don't want a C2: ........ u SERVICES DEPART/~ENT
W~ ~c a d~ad end s~eet, ~d wc don't w~t ~c ex~a ~a~c.
~e~ usC to be no curb cm o~ Kc~s~o~, now ~cm is a ~i~cwa~ pm in
by ~e ciW, ~d we weren't notified- why?
Don't w~t a building put on ~e lot next to o~ homes.
Once ~e lot goes to a C2 zone, ~d Steve would sell for some reason, ~ey
c~ put ~ng on ~at l~d.
T~s lot is ~ a flood pla~.
The sto~ sewer system doesn't work now. ~en it ~s o~ homes on
Kens~on flood. The back flow v~ves ~e ci~ pm in 7 ye~s ago don't
work, ~d c~'t get fixed. ~e ci~ w~hed ~ek h~ds of it a~er they
were ins~led.
~ere wo~d be no p~hng spaces av~lable. The lot is "L~d Locked".
The o~y p~king wo~d be on Kens~on- which we don't w~t.
The m~n reason we bou~t ~e homes on Kensington was because of the
privacy ~d low ~c. 6 c~s leav~g in ~e morning, ~d 6 c~s
ret~ng m ~t.
Eveu ~mto~ ~at is over ~ inch, ~e city sends a ~ck ~ a prop
~d props ~e water out of ~e sewer. Last yem we pmped water out of
o~ b~ements ~om 2:30m ~til 4:30pm- caused us m miss work.
We ~ve been fi~t~g ~e water problem here ~e l~t 20 ye~s. We've all
had to replace items in o~ b~ements: ~i~e, c~eL washer ~d
~ers- all ofw~ch ins~ce does not cover.
· Leave the zoning an RI, with conditional zoning to allow Steve to sell trees.
· He could build the road down from his lot to allow customers to walk down and
view the trees.
· He can grow trees- bare root in his lot.
· When a customer buys a tree, they can pull it back up to the lot on Penn.
No loading of any kind on Kensington. We don't want any traffic or Semi's
unloading from the street. (Remember the auction & parking on Kensington)
· Water ponds attract mosquitoes. (West Nile Vires)
· Loud PA system is annoying.
· Valves from our houses would go down.
· Possibility of vandalism.
· If they want to build, let the city buy our flooded homes and they can do whatever
they want.
· We don't want to move from the level lots. It's a quiet neighborhood that's close
m the mail and grocery stores.
· The owners just about have the houses paid off and would like to sit back and
enjoy.