Zoning 5255 Pennsylvania J Rund(563) 5894210 office
(563) 589~Z?t fox
(5635 69~-6678 TDD
planning~cityo£dubuque.org
December 4. 2003
The Honorable Mayorand Ci~ Council Membem
Ci~ofDubuque
City Hall- 50W. 13~ Stre~
Dubuque IA 52001
RE: Rezoning
Applicant:
Location:
Description:
Jim Runde
5255 Pennsylvania Avenue
To rezone property from C-3 General Commemial District to CS
Commercial Service and Wholesale District.
Dear Mayor and City Council Members:
The City of Dubuque Zoning Advisory Commission has reviewed the above-cited rec uest. The
application, staff report and related materials are attached for your review.
Discussion
The applicant spoke in favor of the request, reviewing that the rezoning to CS District allows
construction of a new commercial building that will be used for a new machine shop business.
Staff reviewed surrounding zoning and land use, and noted that the back 75 feet of the subject
parcel is already zoned CS with conditions.
There were two public comments in opposition to the request by neighboring property owners
who felt that existing zoning was intense enough and should not be changed.
The Zoning Advisory Commission discussed the request, noting that the request is consistent
with existing zomng on the north side of Pennsylvania Avenue and that the requested zoning
change will not adversely impact adjacent property.
Recommendation
By a vote of 7 to 0, the Zoning Advisory Commission recommends that the City Council
approve the request.
A simple majodty vote is needed for the City Council to approve the request.
Respectfully submitted, _
Eugene'Bird, Jr., Chairperson
Zoning Advisory Commission
Attachments
Service People Integrity Responsibility hmovation feamwork
[] Vadanc~
r-lCondifiona~ Use Permit
I--~Spedal Exception
PLANNZNG APPLI'CATION FORM
~/~oning
r-'~Manned District
[]Preliminary Mat
[--~Minor Fina~ Mat
[~Text Amendment
['-]Simple Site Ran
i--]Minor Site Plan
[] Major Site Man
[] Ma.hr final Plat
[]Simple Subdk, ision
CYe/of Dubuque
Planning Services Department
Dubuque, IA 52001-4864
Phone: 563-589-~-210
Fax: 563-589-4221
F-1Anne. x~t~on
r'-ITempora~ Use Permit
[]Cer~ficate of Economic Non-Via~iity
[--ICertificate of Appropriateness
Phone:
State: - Zip:
Mobile/C llular Numb r.
Applicant~Agent:
Address:
Phone:
City: State: Zip:.
Fax Number:.
Edge locaUor,/address:
Existing zoning:
Proposed zoning:
Mobile/Cellular Number:
d~ Historic Di~
Legal D.escripfion (Sidwell~arcel ID# or lot number/block number/subd?vision):
Landmarlc
Property Owner(s):
Applican~Agent:
Total pmberb/(lot) area (square feet or ac~s):
Describe proposal and reason neces~, r~ (attad~ a lett~ of e:x~]a..na~o,n, if needed): ~,~
CERT[F~CATZON: I/we, ~ undersigned, do hereby certify that:
1. The informaUon submitted herein is t~e and correct to the best of my/our knowledge and upon
submittal becomes public record;
2. Fees are not refundable and payment does r~t guarantee approval; and
3. All adoTdonal required written and graphic materials are attached.
FOR OFF/CE USE ONLY - APPI TCATZON SUBM.[ ~ m AL CHECKL.I:ST
Fee.'~--."~ Received by:~. Date: ,o/Zs/OTqpocket:
i--i$ite/sketch plan [] Conceptual Development Plan []Photo '/[]plat
[]Improvement plans []Design review project description i-"lFIoor plan []Other:
runc.~rezoning/11/14/03 ~
N
Vicinity Map
Applicant: Jim Runde
Location: 5255 Pennsylvania
Avenue
Description: To rezone property
from C-3 General Commercial
district to CS Commercial Service
and Wholesale District.
Proposed Area to be Rezoned
City Limits
REZONING STAFF REPORT Zoning Agenda: December 3, 2003
Property Address:
Property Owner:
Applicant:
Description:
5255 Pennsylvania Avenue
Jim Runde
Jim Runde
To rezone property from C-3 General Commercial District to CS
Commercial Service and Wholesale District.
Proposed Land Use: Commercial
Proposed Zoning: CS
Existing Land Use: Vacant
Existing Zoning: C-3
Adjacent Land Use:
North - Vacant
East - Commercial/Service
South - AgdculturalNacant
West - Agricultural
Adjacent Zoning: North- CSc
East - C-3
South - AG
West - Asbury A-1
Former Zoning:
1934 -County AG
1975 - County AG
1985 - AG
Total Area: 1.35 Acres
Property History: The property was annexed in 1979 and has either been under
agricultural production or vacant. The property was subdivided and rezoned in 1986.
Subsequently, a portion of the property was rezoned to CSc Commercial Service with
conditions and the other portion rezoned to C-2 Neighborhood Commercial Shopping
Center District. In 1990, the southern 256 feet of the lot was rezoned to C-3 General
Commercial. The property remained vacant until 2003 when Mr. Jim Runde began
construction of a 5,000 square foot steel building for Runde's Upholstery. The north
half of the property is currently vacant.
Physical Characteristics: The parcel has approximately 185 feet of frontage along
Pennsylvania Avenue and s approximately 315 feet deep. The property slopes uphill
from Pennsylvania Avenue to the north, with approximately 24 feet of grade change on
the lot. The western 50 feet of the property serves as a drainage swale, carrying runoff
from the adjacent farm fields in Asbury, and from the property to the north of the subject
property, south to a drainage ditch along Pennsylvania Avenue. The eastern two-thirds
of the property has been graded and is relatively level. The property is accessed from a
single driveway to Pennsylvania Avenue.
Concurrence with Comprehensive Plan: The Land Use and Urban Design element
of the Comprehensive Plan encourages the creation of opportunities for convenient and
concentrated commercial development to support both the local and regional market,
and redevelopment opportunities within the City, in an effort to revitalize unused or
underused property. The Economic Development element of the Comprehensive Plan
Rezoning Staff Report - 5255 Pennsylvania Avenue
Page 2
encourages retention and expansion of existing local businesses in an effort to
strengthen the local tax base.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site and storm water detention.
for the proposed development has been approved by the City Engineering
Department.
Traffic Patterns/Counts: The 2001 annual average dally traffic counts provided by
IDOT indicate 2.230 vehicle trips along Middle Road just south of the subject
property, and 12,700 vehicle trips along Pennsylvania Avenue at its intersection
with the Northwest Arterial east 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
provided adequate erosion control and storm water control is provided during all
phases of development.
Adjacent Properties: The nearest residence ~s approximately 300 feet southwest of
the subject property across the Pennsylvania Avenue/Middle Road right-of-way.
The property to the south is vacant or agricultural, to the east and north industrial
or commercial and to the west agricultural. The rezoning of this portion of the
property to CS Commercial Service and Wholesale District should have very
limited impact on all adjacent properties.
CIP Investments: None proposed.
Staff Analysis: The subject property is approximately 1.25 acres in size. 320 feet
deep, and has 190 feet of frontage along Pennsylvania Avenue. The subject property is
bisected by a zoning district boundary; the north portion (approximately ¼ acre) is
zoned CSc, Commercial Service district with conditions, and the southern portion of the
property (approximately one acre with frontage along Pennsylvania Avenue) is zoned
C-3 General Commercial district. The back portion of the lot that is zoned CSc is
approximately 190 feet wide by 65 feet deep. The original conditions placed on the
CSc portion of the subject property required that a deciduous tree buffer be placed
along the western property line and that all structures be set back a minimum of 30 feet
from the western property line. Access to the site is from a single driveway along
Pennsylvania Avenue.
The property is bounded by an existing CS Commercial Service development to the
north, a contractor shop and yard on the C-3 property to the east, a vacant agricultural
lot across Pennsylvania Avenue to the south, and an actively cultivated agricultural lot
Rezoning Staff Report - 5255 Pennsylvania Avenue Page 3
in Asbury to the west. This request represents an expansion of the existing
Commercial Service District.
The applicant is currently developing the southern portion of the property within the C-3
General Commercial District for an upholstery shop. The building is under construction
and should be completed soon. Upholstery shops are allowed in both the CS
Commercial Service and the C-3 General Commercial districts.
The applicant wishes to develop the rear portion of the lot for another commercial
building. The applicant stated that the use anticipated for the new structure is not
permitted in a C-3 General Commercial District. Therefore, the applicant wishes to
rezone the entire lot to CS Commercial Service and Wholesale to enable his business
to be conforming while permitting different uses on the back half of the property.
Staff recommends that the Commission review the criteria established in Section 6-1.1
of the City of Dubuque Zoning Ordinance.
Prepared by: ~ Reviewed:
DU549 CH-01.TXT (1)
3-3.6 CS Commercial Service and Wholesale District.
(A) Generalpurpose and descriptio~ The CS District is intended to provide areas for a variety o~'
business services, office uses, limited industrial activity and major wholesale operations. The
CS uses are primarily characterized by large storage space requirements, high volume truck
traffic and low volume customer ~rafflc. Special emphasis shall be placed on selection of
areas to be granted CS classification. It is intended that the CS District is one that provides a
transitional zone that can be used between industrial and commercial uses and in cases where
topography establishes a transitional area due to physical limitations between industrial and
higher density residential development.
(B) Principal permitted uses. The following uses shall be permitted in the CS District:
(1) Railroads and public or quasi-public utilities including substations-J47].
(2) Gene=d office-Il4].
(~) ~ica~dent~ iai-ISl.
(4) Personal services-[14].
(5) Off-street parking lot-I-N/Al.
(6) Furniture/home furnishing-J27].
(7) Appliance sales and service-J27].
(8) Furniture upholstery/repair-It 8].
(9) Business services-J29].
(~0) Omce
(11) Ve~dln~game machines sales and service-II9].
(12) M ail-order houses-J23 ].
(13) Lurnbory',trds~uiiding material sales-Il 9].
(14) Construction supplies, sales and service-II 9].
(15) Printing/publishing-J32].
(16) Moving/storage facilities-J33].
(l 7) Auto service centers (TBA)-[:;4].
(18) AuIo sales/service-J38].
(19) Auto repair/body shop-J35].
(20) Truck sales/service repair-J39].
(21 ) Farm implements sales and service-J39].
(22) Auto parts/supply-II7].
DU549 CH-01.TXT (2)
(23) Mobile home sales~[40].
(24) Motorcycle sales and service-J41].
(25) Boat sales and service-[40].
(26) Recreational vehicles sales and setvice-[38].
(27) Vehicie rental~J47].
(28) Upholstery shop-J42].
(29) Contractor shup/yarcl-[33].
(30) Wholesale sales/distn'butor-[29].
(31 ) Freight transfer facilities-J44].
02) Fuel/ice dealers and manufacttning-[33].
03) Agricultural supply sates-Il 9].
04) Processing or assembly-[33].
05) Tool, die and pattern-making-[33].
06) Miniwarehousing-[47].
O7) Engine/motor sales, service and repair-II 9].
O8) Refiigeration equipment and supply, sales and service-[19].
09) Landscaping services (not including retail sales as primary use)-[29].
(40) Welding services-J29].
(41) Animal hospital/clinic-J23].
(42) Kenuel-[23].
Parking group - See Section 4-2 of this Ordinance.
(C)Accessory uses. The following uses shall be permitted as accessory uses as provided in
Section 4 of this Ordinance:
(1) Any use customarily incidental and subordinate to the principal use it serves.
(D)Conditionul uses. The following conditional uses are permitted in the CS District, subject to
the provisions of Section 5 of this Ordinance and are the minlmlma requirements for
application to the Board of Adjustment for a conditional use permit:
(1) (Reserved)
(E) Temporary uses. The following uses shall be peamitted as temporary uses in the CS District:
(I) (Reserved)
Bulk regulations.
DU549 CH-01 .TX4' (3)
Front yard setback: 20 feet
Side yard setback: 0 feet*
Rear yard setback: 0 percent lot depth*
Building height: 40 feet
*Except where abutting a residential or o/~fice residential district, then six foot (6') side yard and
twenty percent (20%) lot depth rear yard setbacks required.
(G)Park/ng requirements. See Section 4-2 of this Ordinance.
(II)Signs. See Section 4-3 of this Ordinance.
Prepared by: Laura Carstens, City Planner Address: 50 W. 13th Street Telephone: 563-589-4210
ORDINANCE NO. 98-03
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT 5255 PENNSYLVANIA AVENUE FROM C-3
GENERAL COMMERCIAL DISTRICT TO CS COMMERCIAL SERVICE AND
WHOLESALE DISTRICT, WITH CONDITIONS.
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-3 General Commercial District to CS Commercial Service and
Wholesale District, to wit:
Lot 2 Northrange Industrial Park, 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.
Attest:
Passed, approved and adopted this 15th day of December 2003.
Terrance M. Duggan, Mayor
Jeanne F. Schneider, City Clerk