Zoning 3366 Crescent Rdg Steve
Plannffig Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 589-4210 office
(563) 589-4221 fax
(563) 690-6678 TDD
P lannffi g@cityofdubuque. 0 rg
www.cityofdubuque.org
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September 10, 2004
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The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
RE: Rezoning
Applicant: Marie Steve/Burt Steve & Son Garage Inc.
Location: 3366 Crescent Ridge
Description: To rezone property from R-1 Single-Family Residential District to CS
Commercial Service & Wholesale 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's attorney spoke in favor of the request, reviewing that he believes that R-
1 zoning was mistakenly applied when the property was annexed into the City in the late
1970's.
Staff reviewed surrounding zoning and land use and noted that the surrounding property
was primarily developed with residential uses when the subject property was annexed
into the City.
There were several public comments both for and against the requested rezoning.
The Zoning Advisory Commission discussed the request, noting that only a portion of
the property requested for rezoning is actually used by the applicant for their operation.
Recommendation
Bya vote of 5 to 0, the Zoning Advisory Commission recommends that the City Council
approve the request subject to the following conditions:
1) Restrict rezoning of only the north portion of the property to CS
Commercial Service and Wholesale District as shown in Exhibit A.
2) That six-foot high screening shall be provided along adjacent R-1
Single-Family Residential property.
Se<Vke
People
Integrity
R"ponsibility
Innovation
Teamwork
Rezoning - 3366 Crescent Ridge
September 10, 2004
Page 2
The percent opposition from property owners within 200 feet of the total area requested
for rezoning is 14.5%. This percent is less than the 20% minimum opposition level that
triggers a super-majority vote by City Council to approve a rezoning.
A simple majority vote is needed for the City Council to approve the request. A super
majority vote is needed for the City Council to modify the conditions.
Respectfully submitted,
~ ~ JÁ P!:fd
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Jeff Stiles, Chairperson
Zoning Advisory Commission
Attachments
Prepared by: Laura Carstens. City Planner Address: 50 W. 13th Street Telephone: 563.589-4210
ORDINANCE NO. 66-04
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT 3366 CRESCENT RIDGE FROM R-1
SINGLE-FAMILY RESIDENTIAL 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 R-1 Single-Family Residential District and CS Commercial Service and
Wholesale District, with conditions, and as shown in Exhibit A, and to the centerline of
adjoining public right-of-way, all in the City of Dubuque, Iowa; and
Section 2. The foregoing amendment has heretofore been reviewed b 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 20th day of September
2004.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
D)
E)
F)
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5 (2001), and as an express condition of
rezoning of the property as shown in Exhibit A, and to the centerline of the adjoining
public righ!-of-way, all in the City of Dubuque, Iowa, which is the subject of Ordinance
No. ¿:;.¿;;; -04, a copy of which is attached hereto and incorporated herein by
reference, the undersigned property owners, agree to the following conditions, all of
which the property owner further agrees are reasonable and are imposed to satisfy
public needs which are caused directly by the rezoning:
A)
Conditions: The following conditions shall apply to the subject property:
1)
Restrict rezoning of only the north portion of the property to CS
Commercial Service and Wholesale District as shown in Exhibit A.
2)
B)
That 6-foot high screening shall be provided along adjacent R-1 Single-
Family Residential property.
Reclassification of the Subject Propertv. The City of Dubuque, Iowa may initiate
zoning reclassification proceedings to the R-1 Single-Family Residential District
(which rezoning will include the removal of the performance standards in Section
A above) if the property owner fails to complete any of the conditions or
provisions of this Agreement.
C)
Modifications. Any modifications of this Agreement shall be considered a zoning
reclassification and shall be subject to the provisions of the Zoning Ordinance
governing zoning reclassifications. All such modifications must be approved by
the City Council of Dubuque, Iowa.
Recordinq. A copy of this Agreement shall be recorded with the Dubuque
County Recorder as a permanent record of the conditions accepted as part of
this rezoning approval within thirty (30) days of the adoption of Ordinance No.
t:: ¿; -04.
Construction. This Agreement shall be construed and interpreted as though it
were part of Appendix A of the Code of Ordinances of the City of Dubuque, also
known as the Zoning Ordinance of the City of Dubuque, Iowa.
This Agreement shall be binding upon the undersigned and his/her heirs,
successor and assignees.
ACCEPTANCE OF ORDINANCE NO. 66-04
I, Marie Steve, property owner, having read the terms and conditions of
the foregoing Ordinance No. 66 -04 and being familiar with the conditions thereof,
hereby accept this same and agree to the conditions required therein.
Dated in Dubuque, Iowa this 20th day of September
2004.
By /s/ Marie Steve
Marie Steve
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aty of Dubuque
Planning Services Department
Dubuque, IA 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
PLANNING APPLICATION FORM
0 Variance ~ning
OConditionai Use Permit OPlanned District
OAppeal . OPreliminary Plat
OSpedal Exception OMinor Finall'lat
OUmited Setback WaNer []Text Amendment
OSimple Site Plan
OMinor S'lte Plan
0 Major Site Plan
0 Major Final Plat
OSimpie Subdivision
OAnnexation
[]Temporary Use Pen'nit
OCertificate of Economic Non-Viability
OCertificate of Appropriateness
OOther:
Please tvoe or Drint leGibly in Ink
Propertyowner(s): ßm..-J. J'/~J~> <¡So-", GcuvtJ'-' :;rnr- poone:,?ô"?-,rð.F..2
Mdress:.3 ? 1.1. ¡; YO"'.u .....i. æ,~<.- Oty: p u .6 u r"" ¿ State: q,4 Zip: ç.) õD '1
Fax Number: ")rl'-';¡.:/h'Ý.:J Mobile/Cellular Number: ,-1""'9é1 7.:1./,,-
Fax Number:
Phone: f.::r¿ ¿ ".I..r;>
Oty: tJ~, r. State:Ú Zip:5-,;zOé/¡
Mobile/Cellular Number: "Í 9't: ? '/ /, ~
Applicant/Agent: rfJ-"';" 5..,...""., "
Address: /.f09r: t;¿.../ú' /2,,1
Sitelocationjaddress: :?3~" Cresc".,r R,,)c.~
ExistIng zoning: J.2. I Proposed zoning: ~ Historic District: ~ Landmark: 1tJ"
Legal Desaiption (SIdwell parcel ID# or lot number/bled< number/subdivision): Ny..). 7 -1 5J.. .. 00(;,
/ I'J . :J. 7, 3 ,-)"' ~ t'J /"7 a "'..{ (J) / If' .
Total property Oat) area (square feet or acres): , 7.. 000 Sc:r.. .Ç r.
Describe proposal and reason necessary (attach a letter of explanation, If needed): J I!' ..
4'//QrJ. f"y,¡<J/c; '1<, /..'"" ""ÍO IZß7-ON-FJ" P\Zo¥'.eIz/'r"'¡ ¿¿" :š'3~
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CERTIFICATION: I/we, the undersigned, do hereby certify that:
1. The information subr11Jt:Œd herein is true and CDJTeCt to the best of my/our knowledge and upon
submittal beoomes public reCDrd; .
Fees are not refundable and payment does not guarantee approval; and
All addtionaI required written and graphic materials are attached.
2.
3.
Property Owner(s): ß;;,r-I JYè:.i/r: féJ¿;~ fo)Q........,~L.Date: :2 /O-óý
Applicant/Agent ~a~ J~~ c7 Date: ?-/ô--a"l
FOR OFFICE USE ONLY - APPUCATION SUBMITTAL CHECKLIST
Feeff~oo . ~ved by: ~ Date: ~<þooœt:
OSite/sIœtch plan 0 COOœptuaI Development Plan OPhoto Dplat
OImprcvement plans ODesign review projE:ct deso1ption OAoor plan OOther:
Burt Steve and Son Garage Inc. wolÙd like to bring the zoning to CS. This wolÙd
betteT correspond to the current uses which date back over fifty years. In 1979 we
were annexed into the city as Rl, instead of commercial. The properties
immediately to the east are CS, the properties to the north are CS, and the
property south is PC. This in effect wolÙd be an extension of the CS district that
encompasses most of Cedar Cross Road.
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Zoning Advisory Commission
Proposed Partial Rezoning
Steve Property
3366 Crescent Ridge
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Vicinity Map
Applicant: Marie Steve/Burt
Steve & Son Garage Inc.
Location: 3366 Crescent Ridge
Description: To rezone property
from R-1 Single-Family Residential
District to CS Commercial Service
& Wholesale District.
[[TI[J
Proposed Area to be
Rezoned
REZONING STAFF REPORT
Zoning Agenda: September 1, 2004
Property Address:
3366 Crescent Ridge
Property Owner:
Marie Steve/Burt Steve & Sons Garage, Inc,
Applicant:
Same
Proposed Land Use: Commercialllndustrial
Proposed Zoning: CS
Existing Land Use: Towing Contractor/Storage
Existing Zoning: R-1
Adjacent Land Use:
North-Vacant
East - Contractor ShoplYard
South - Bank/Residential
West - Single-Family Residence
Adjacent Zoning: North - CS
East - CS
South - PR/PC
West - R-1
Former Zoning: 1934 - County; 1975 - County; 1985 - R-1
Total Area: 1,5 acres
Property History: The north half of the property has served as a towing contractor's
shop and storage yard since before its annexation in 1979, The south half of the
property has remained vacant. Subsequent to annexation, the property was rezoned to
R-1 Single-Family Residential.
Physical Characteristics: The north half of the property is a level lot at grade with
Crescent Ridge that accommodates a towing contractor's shop, storage buildings and
stored vehicles. The south half of the property is vacant and pie-shaped and terraced
with two levels, The upper level is at grade with Cedar Cross and Starlite Drive, and the
lower level lies approximately 15 feet below the grade of Starlite Drive, There is
currently no access to the upper property from either Cedar Cross Road or Starlite
Drive.
Concurrence with Comprehensive Plan: The proposed land use for this property is
industrial for the north half of the property (the portion that is currently being used as a
towing contractor's shop) and single-family residential for the south half of the property
(that portion that is currently vacant), Goal 3.1 of the Land Use Element of the
Comprehensive Plan states, "To promote the retention and expansion of existing
industrial development opportunities".," and Goal 3,4 states, "To lessen negative
impacts to residential areas which are located near industrial areas,"
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site.
REZONING STAFF REPORT -3366 Crescent Ridge
Page 2
Traffic Patterns/Counts: The IDOT 2001 annual average daily traffic counts
indicates 11,300 vehicle trips per day on Crescent Ridge Road approximately two
miles west of the subject property, 11,700 vehicle trips per day on Cedar Cross
Road directly south of the subject property, and 12,100 vehicle trips per day on
Cedar Cross Road at its intersection with Dodge Street.
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, and that any outdoor storage area is screened,
Adjacent Properties: The northern portion of the lot at grade with Crescent Ridge
is fully developed and bordered on two sides by vacant commercially zoned land or
developed commercial land, The southern half of the property; however, is
bordered by two single-family residences and is across Cedar Cross Road from
Cedar Lake Subdivision, Development of this half of the property for uses
permitted in the CS District could potentially generate noise, activity, storage and
traffic in excess of that generated by a single-family home,
CIP Investments: None proposed.
Staff Analysis: The applicant is proposing to rezone three lots (approximately 1,5
acres of property) from R-1 Single-Family Residential Development to CS Commercial
Service and Wholesale District. The northern portion of the property has been a towing
contractor shop and storage yard since prior to its annexation to the City in 1979, This
portion of the property is at grade with Crescent Ridge and is bordered by vacant or
developed commercial properties, There is also a single-family residence on the west
side of the contractor shop that takes its access from Crescent Ridge,
The southern portion of the property is vacant, terraced, with single-family homes
adjacent to the west and southeast. There is a contractor's shop to the north and a
bank to the south, This property is located at the corner of Cedar Cross Road and
Starlite Drive and currently has no access, Access to this property from either Cedar
Cross Road or Starlite Drive would potentially pose a traffic hazard,
Currently, a portion of the south half of the property is being illegally used for storage of
vehicles, The towing contractor shop began to use this property for storage in violation
of zoning rules regarding expansion of a non-conformity,
The Commission can consider rezoning a portion of the property to Commercial Service
while leaving the balance R-1 Single Family Residential. Staff has included a map
showing the extent of the level lot that accommodates the towing contractor shop and
storage yard and illegal expansion area. This contractor's shop and storage area is
REZONING STAFF REPORT -3366 Crescent Ridge
Page 3
separated from the property to the south by a grade change and large concrete
retaining wall. If the north half of the property were to be rezoned, the contractor shop
and yard would become legally conforming, as would the currently illegal storage area,
The southern half of the property, that is adjacent to single-family residences and has
poor access, could remain zoned R-1.
Staff recommends the Commission review the criteria for granting a rezoning,
Prepared by: G; ~~""'5~W P-1 Reviewed:
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3367 Starlite Dr CITY OF DUBUQUE
PHON Dubu~~O¡J3 ~2532 PLANNING SERVICES DEPARTMENT
~ ~63) 588-1337
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Turnberry Condominium Owners Association
Woodland Ridge Drive
POBox 1262
Dubuque, Iowa 52004
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IJ1) AUG 30 2004 ~.
August 27, 2004
Jeff Stiles, Chairman
Zoning Advisory Commission
Planning Services
Second Floor
City Hall
50 West 13th Street
Dubuque, IA 52001
CI1Y OF DUBUQUE
PtANNING SERVICES DEPAI!TMm
RE: Marie Steve/Burt Steve & Son Garage Inc. application to rezone
property from RI Single-Family Residential District to CS-
Commercial Services and Wholesale District.
Dear Mr. Stiles and Members of the Zoning Advisory Commission:
I am writing to you in my capacity as President of the Turnberry
Condominium Owners Association to convey that the Association's Board
of Directors unanimously opposes the above-referenced rezoning.
Turnberry is located on Woodland Ridge Drive, Lake Ridge Drive and
Starlight Drive. The southern portion of the 3366 Crescent Ridge property
under rezoning consideration is also located on Starlight Drive. This street is
currently occupied with single family dwellings2:oned (RI) and at the south
side of the street is a Planned Unit Development designated as C2
Neighborhood Shopping Center District (Ord. No. 63-97). Turnberry is
zoned R3.
The intersection of Cedar Cross Road at Starlight Drive is at the crest of a
hill. The property under the rezoning request is at the intersection of these
increasingly high-volume-traffic streets. Drivers have a very limited view of
vehicle traffic coming from the north on heavily traveled Cedar Cross Road.
Any Commercial Services operations on this property will add to the safety
concerns at this intersection.
Secondly, we are concerned that property owners who are currently RI, R3
and C2 zoned would experience diminishing property values by a CS zoning
on their neighborhood street. Additional curb cuts for access to this property
at Starlight drive and any buildings or vehicles located on this property will
detract from this residential area.
Consequently, on behalf ofthe Turnberry Homeowners Association, we urge
the Zoning Advisory Commission to recommend against the application to
rezone the Marie StevelBurt Steve and Sons Garage mc property at 3366
Crescent Ridge.
Respectfully submitted,
Turnberry Condominium Owners Association.
By: ¿~ß
Clark K. Payne, President
2