Request to Rezone_Key City Investment Company, Kennedy RoadPlanning Services Department
City Hall
50 West 13th Street
Dubuque, IA 52001 -4864
(563) 589 -4210 phone
(563) 589 -4221 fax
(563) 690 -6678 TDD
planning@cityofdubuque.org
The Honorable Mayor and City Council Members
City of Dubuque
City Hall — 50 W. 13 Street
Dubuque IA 52001
Applicant: Key City Investment Co.
Location: 75 Kennedy Road
Description: To rezone property from PUD Planned Unit Development with a PC Planned
Commercial designation to C -3 General Commercial 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 the C -3 zoning designation would
allow him more latitude in redeveloping the property.
Staff reviewed surrounding zoning and land use and noted that the existing Planned District
was tailored to the former use of the site as the Cinema 8 Movie Theater and had no
provision for any other uses.
There were no public comments.
THE CITY OF
DUB
Masterpiece on the Mississippi
The Zoning Advisory Commission discussed the request, noting that the request is
consistent with the surrounding zoning.
Recommendation
By a vote of 7 to 0 the Zoning Advisory Commission recommends that the City Council
approve the request, as submitted.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
Jeff Stiles, Chairperson
Zoning Advisory Commission
f: \users \kmunson \wp \city council\2010 \cc jul 07 2010 \request to rezone 75 kennedy road (key city inv. co.) ccltr 07_08_10.doc
Service People Integrity Responsibility Innovation Teamwork
Dubuque
E
111.
2007
July 13, 2010
THE CITY OF
DUB
Masterpiece on the Mississippi
['Variance
['Conditional Use Permit
❑Appeal
❑Special Exception
['Limited Setback Waiver
Rezoning
Please type or print legibly in ink
Property owner(s): Key City Investment Co. Phone: (563) 583 -6101
Address: PO Box 3127
Fax Number: (563) 583 -5004
Applicant/Agent: N.J. Yiannias Phone: (563) 583 -6101
Address: PO Box 3127 City: Dbq State: IA
Fax Number: (563) 583 -5004 Cellular Number: _E -mail Address: T A(aaol . com
Site location /address: 75 Kennedy Road, Dubuque, IA 52002
Existing zoning: PUD Proposed zoning: C Historic District:
Legal Description (Sidwell parcel ID# or lot number /block number /subdivision):Parcel ID 1027152006
10- 27- 301 -002
Total property (lot) area (square feet or acres): 4.18 acres
Describe proposal and reason necessary (attach a letter of explanation, if needed):.The prospective uses (i e.
restaurant) are not allowed pursuant to the existing PUD. Development of only outlots
is anticipated.
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 my /our knowledge and upon submittal becomes public
record;
3. Fees are not refundable and payment does not guarantee approval; and
4. All additional required written and graphic materials are attached.
Property Owner(s):
Applicant/Agent:
Dubuque
'III'►
2007
PLANNING APPLICATION FORM
['Planned District
['Preliminary Plat
DMinor Final Plat
['Text Amendment
❑Simple Site Plan
['Minor Site Plan
❑Major Site Plan
['Major Final Plat
❑Simple Subdivision
['Annexation
DTemporary Use Permit
City: Dubuque State:
Cellular Number:
Date:
['Certificate of Economic Non - Viability
❑Certificate of Appropriateness
❑Historic Designation
['Neighborhood Association
❑Other:
IA
City of Dubuque
Planning Services Department
Dubuque, IA 52001 -4864
Phone: 563-589-4210
Fax: 563 - 589 -4221
zip:
E - mail Address: TEGEA @aol com
zip: 2004
Landmark:
June 4, 2010
Date: June 4 , 2010
FOR OFFICE USE ONLY - APPLICATIOON SUB AL CHECKLIST n
Fee: 5 Received by: 21!, Date: " 4-1 . '"Docket:
❑ Site / sketch Plan P
piano Conceptual Develo p me
❑ hoto ❑ Plat
❑ Improvement plans ❑ Design review project description ❑ Floor plan ❑ Other:
Base Data Provided by Dubuque County GIS
Masterpiece on the Mississippi
Vicinity Map
Applicant: Key City Investment Co.
Location: 75 Kennedy Road
Description: To rezone property from PUD
Planned Unit Development with a PC
Planned Commercial designation to C -3
General Commercial District.
Legend
75 Kennedy Road
Zoning (B&VV)
Dubuque
an
2007
REZONING STAFF REPORT Zoning Agenda: July 7, 2010
Property Address:
Property Owner:
Applicant:
Former Zoning:
75 John F. Kennedy Road
Key City Investment Co.
N. J. Yiannias
Proposed Land Use: Commercial
Existing Land Use: Vacant
Adjacent Land Use: North — Commercial
East — Commercial
South — Commercial
West — Commercial
Impact of,Request on:
1934 — Business B
1975 — C -6
1985 — PC
Proposed Zoning: C -3
Existing Zoning: PC
Adjacent Zoning: North — C -3
East — C -3
South — PC /C -3
West — PC
Total Area: 4.18 acres
Property History: The subject property was until recently the site of Cinema 8 Theaters
that existed on the site for the last almost 30 years. The property was recently cleared
and the applicant is now requesting rezoning to C -3 General Commercial.
Physical Characteristics: The subject parcel is located along John F. Kennedy Road
between ShopKo and Walgreen's, and has access directly to John F. Kennedy Road as
well as U.S. Highway 20.
Concurrence with Comprehensive Plan: The subject request involves the following
Comprehensive Plan Land Use Element Goals: 2.2, 5.3, 6.1, 6.1, 7.2, 7.3 and 9.1.
Utilities: Existing utilities are adequate to serve the site.
Traffic Patterns /Counts: John F. Kennedy, Principle Arterial: 16,900 ADT; U. S.
Highway 20, Principle Arterial: 28,600 ADT based on 2009 IDOT vehicle counts.
Public Services: Existing public services are adequate to serve the subject parcel.
Rezoning Staff Report — 75 John F. Kennedy Road Page 2
Environment: Staff does not anticipate any adverse impact to the environment
provided adequate erosion control is provided during all phases of development of
the property and City's requirements for storm water control are complied with.
Adjacent Properties: Planning staff does not anticipate any adverse impacts to
adjacent parcels as they are developed for commercial businesses, and the
proposed rezoning will not increase the intensity or uses allowed on the subject
parcel.
CIP Investments: None proposed.
Staff Analysis: Key City Investment Company is requesting rezoning of approximately
four acres of land located at 75 John F. Kennedy Road from PC Planned Commercial
to C -3 General Commercial District. The property is the former site of the Cinema 8
Theaters that were recently demolished.
The requested rezoning from Planned Unit Development with a Planned Commercial
designation to C -3 General Commercial is necessary as the Planned Commercial
regulations adopted in 1981 and 1985 for the subject property were specifically written
for development of the Cinema 8 Theaters. The regulations did not anticipate
redevelopment of this site for any other use.
The requested C -3 General Commercial zoning is consistent with'surrounding zoning
and would not represent an increase in intensity over the previous use of the site for
movie theaters, in terms of vehicle trips generated and impermeable area.
The redevelopment of the site will be subject to the City's Unified Development Code,
including the site design standards contained in Article 13 of the Ordinance that have
specific requirements for landscaping and parking lot setbacks.
Planning staff recommends that the Zoning Advisory Commission review Article 9 -5(A)
of the Unified Development Code that establishes the criteria for reviewing zoning
reclassifications.
Prepared by:
Reviewed: N/A Date: G • Zf3 • /a
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Prepared by: Laura Carstens, City Planner Address: City 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. 38-10
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT 75 JOHN F KENNEDY
ROAD FROM PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PC
PLANNED COMMERCIAL 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 Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, is hereby amended by reclassifying the hereinafter described
property from PUD Planned Unit Development District with a PC Planned Commercial
designation to C -3 General Commercial District, to wit:
Lot 1, Lot 1A, and Lot 3 Yiannias Place and Lot 2 and Lot 3 Hawkeye Highway
20 Place, 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.
Attest:
Section 3. This Ordinance shall take effect upon publications, as provided by law.
Passed, approved and adopted this
eanne F. Schneider, City Clerk
Roy D. B I, Mayor
day of , 2010.