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Zoning 1870 Asbury for County Right to LifePlanning Services Department City Hall 50 West 13th Street Dubuque, Iowa 52001~4864 (563) 5894210 office (563) 5894221 fax (563) 690-6678 TDD planning@cityof dubuque.or g The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 November 7, 2003 RE: Rezoning Applicant: Dubuque County Right to Life Location: 1870 Asbury Road Description: To rezone property from C-1 Neighborhood Commercial 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, indicating that the small size of the subject property restricts the potential number of land uses that can locate on the property. Staff reviewed surrounding zoning and land use. There were no public comments. The Zoning Advisory Commission discussed the request, noting that the list of allowed uses between C-1 and C-2 are very similar and that the proposed rezoning will not adversely impact adjacent property. Recommendation By a vote of 6 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 submitte~J, Eugene ~rd, Jr., Chairperson Zoning Advisory Commission Attachments Service People Integrity Respor[sibility Lin, ovation Teamwork PLANNING APPLICATION FORM [] V~ri~nce '/: E]ConditYoi~at Use Permi~-~ L]planned District []]Appeal []Preliminary Plat F-iSpecial Exception [-IMinor Rnal Rat E~Limited Setback Waiver ;i~¢~,A, ~ ~ ~,~t Please type or print leqlbly in ink Prope owner(s): Address: FqSimple Site Plan I"lMinor Site Plan [] Major Site Plan [] Major Final Plat F-1Simpte Subdivision City of Dubuque · Planning Services Departrr~nt Dubuque, LA 52001-4864 Phone: 563-589-4210 Fax: 563-589-4221 []Annexation []Temporary U~e Permit []Certificate of Economic Non-Viability [~Cer~ificate of Appropriaten~ Phone: State: ] Zip: Fax Number: Applicant/A~entk Address: Fax Number:. Site [of. ation"/ad, dress: tg'70 /~l~',.x,&~ ~C~ G Existlng~dlfffn~: -/ Proposed zoning: __ Histodc Distri6t: Landmark: Leg_al.~De~s~:.iption (Sid .well parcel tD# or lot number/block number/subdivisiQn): . pro~ (lot) area (square f~t'or a~): ~ ~ ~ ~ ~i~ pro~} and rea~n n~essa~ (a~ a le~er of explana~on, if n~):- ~< ,A~y,,-~, ~- , ~R~ON: :~/ e th ~e infoma~on submiE~ ~rein is ~ 8nd ~we~ to ~e ~st of my/our ~l~ge and u~n ~ub~l ~ public r~ord; Fees ~re not refu~ble and ~yment does not guarant~ppmvai; and ~ OR OFFICE USE ONLY - APPORTION SUBM~A~ CHE~KLI ~ A~ived by: [~ Date: ~ D~ket:. ~Site/sk~ plan ~ ~n~p~at Development Plan ~Photo ~Plat [About our services] We m~ke available ongoing educational programs de~igocd £or school, communi~ and service groups. [Say yes to life] Help By Becoming a Me~ and sta~n~ Most of our work h done by vo Mail membership form to: Dubuque County Right To Lift,, In~ I(no~/he U.S. ilupreme Court's R~e vs. Wade and le fa~p~eborn baby have a [Did you know] 1.5 million prebom babies ~e killed in the 3Ut % % SITE PLAN CONCEPTUAL SIGN END ELEVATION CONCEPTUAL SIGN FACE ELEVATION SOUTH ELEVATION Dubu~que Coun. ty ~ Right To Lite, ~c.~ REZONING STAFF REPORT Zoning Agenda: November 5, 2003 Property Address: Property Owner: Applicant: 1870 Asbury Road Dubuque County Right to Life Arthur Gilloon Proposed Land Use: Commercial Proposed Zoning: C-2 Existing Land Use: Commercial Existing Zoning: C-1 Adjacent Land Use: North- Single-Family Residential Adjacent Zoning: North-R-1 East - Church Campus East -R-1 South - Single-Family ResidentialSouth -R-1 West-Office/Single-Family Residential West-OS/R-1 Former Zoning: 1934 - Single family 1975 - R-2 1985 - C-1 Total Area 5,400 sq. ft. Property History: The property was developed as a gas station in 1959 and has served as a number of small commercial uses to the present. Physical Characteristics: The subject property is a level 5,400 square foot triangular shaped lot bounded by an alley on the west side, Asbury Road on the southwest side, St. Ambrose Street on the east side and a single-family home on the north side. There is an existing seven-space parking lot on the property with access to both St. Ambrose Street and Asbury Road. There is a 1,230 square foot two tenant space commercial structure on the north half of the property. Concurrence with Comprehensive Plan: The Comprehensive Plan makes no recommendations for this area. Impact of Request on: Utilities: Existing utilities are adequate to serve the site. Traffic Patterns/Counts: IDOT 2001 Annual Average Daily Traffic Counts indicate 11,900 vehicle trips per day along Asbury Road just north of the subject property. Public Services: Existing public services are adequate to serve the site. Environment: Staff does not anticipate any adverse impact to the environment as the site is currently fully developed. Rezoning Staff Report - 1870 Asbury Road Page 2 Adjacent Properties: Due to the limitation in the size of the subject parcel, commercial building and paved parking area, staff does not anticipate a dramatic change in the commercial character of this property. Although there are some uses permitted in the C-2 district that may be more intense, most are not likely to locate on a parcel of this size. CIP Investments: None proposed. StaffAnalysis: The applicant is proposing to rezone a 5,400 square foot level triangular shaped lot with a 1,200 square foot commercial building and seven paved parking spaces from C-1 Neighborhood Commercial to C-2 Neighborhood Commercial Shopping Center district. The parcel is located at the corner of Asbury Road and St. Ambrose Street at a signalized intersection. The parking lot can be accessed from either St Ambrose Street or Asbury Road. The subject property is located in a mixed use neighborhood that is primarily single-family residential with an adjacent church campus and dental office. The subject property is fully developed and does not have adequate room for future commercial expansion. Due to the limited size of the commercial building and associated paved parking, staff does not anticipate that the commercial activity generated by the proposed C-2 district will be much in excess of that generated by the existing C-1 district. Staff recommends that the Zoning Advisory Commission review the criteria in Section 6-1.1 of the Zoning Ordinance that establishes the criteria for granting a rezoning. Prepared by: Laura Carstens, City Planner Address: 50 W. 13th Street Telephone: 563-589-4210 ORDINANCE NO. -03 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1870 ASBURY ROAD FROM C-1 NEIGHBORHOOD COMMERCIAL DISTRICT TO C-2 NEIGHBORHOOD SHOPPING CENTER 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 C-1 Neighborhood Commercial District to C-2 Neighborhood Shopping Center Distdct to wit: Lot 1 of Lot 4 of Lot 128 and Lot 2 of Lot 4 of Lot 128 Finley Addition, and to the centedine 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 day of 2003. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk