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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 Ira -ti � * • 1 re 111. ' - ILI its 1 � 1 11.1.111 till 1 1 1 • UNIVER ITY if 43270- ',32 -� fir MCNIMINMIIIMEN 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.