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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.