Zoning 4616 Asbury Rd Nauman & Roussel
Planning Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 589-4210 office
(563) 589-4221 fax
(563) 690-6678 TDD
planning@cityofdubuque.org
www.cityofdubuque.org
THE CITY OF ~
DUB E
~~~
February 9, 2005
t-,
The Honorable Mayor and City Council Members
City of Dubuque
City Hall- 50 W. 13th Street
Dubuque IA 52001
RE: Rezoning ",
Applicant: Chuck Nauman/Maxine Roussel
Location: 4616 Asbury Road
Description: To rezone property from AG Agricultural District 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, reviewing with the Commission that subject
parcel is surrounded by commercial zoning.
Staff reviewed surrounding zoning and land use, and indicated that if the parcel is
rezoned, access will be from Asbury Road.
There were no public comments.
The Zoning Advisory Commission discussed the request, noting that the request is
consistent with surrounding zoning.
Recommendation
By a vote of 5 to 1, 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 submitted,
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Jeff Stiles, Chairperson
Zoning Advisory Commission
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Service
People
Integrity
Responsibility
Innovation
Teamwork
Prepared by: Laura Carstens, City Planner Address: City Hall. 50 W. 13th 5t Telephone: 589-4210
ORDINANCE NO.
-05
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT 4616 ASBURY ROAD
FROM AG AGRICULTURAL DISTRICT TO C-3 GENERAL COMMERCIAL
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 AG Agricultural District to C-3 General Commercial District, to wit:
Lot 1 of 2 of 1 SW Y. SW Y. Section 16, T89N, R2E, 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.
Passed, approved and adopted this
day of
2005.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Thi~~E
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Oty of Dubuque
Planning Services Department
Dubuque, IA 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
PLANNING APPLICATION FORM
D Variance
DConditional Use Permit
DAppeal
DSpecial Exception
DUmlted Setback Waiver
~zoning
UPlanned District
DPreliminary Plat
DMinor Final Plat
DText Amendment
DSimple Site Plan
D Minor Site Plan
D Major Site Plan
D Major Final Plat
DSimple Subdivision
DAnnexation
DT emporary Use Penmit
DCertificate of Economic Non-Viability
DCertificate of Appropriateness
DOther:
Please tvoe or Drint leaiblv in Ink
Property owner(s): Maxine Roussel
Address: 4616 Asbury Road Oty: Dubuque
Phone: 563-582-4102
State:~ Zip: 52002
Fax Number:
Mobile/Cellular Number:
Applicant/Agent:
Chuck Nauman
Phone: 563-599-7708
Address: 800 Kane street
Oty: Dubuque
State: ~ Zip: 52001
Fax Number: 563-588-2276
Mobile/Cellular Number:
Site location/address: 4 &,,1 c.:... bs~ ~ 12-0
Existing zoning: A&- Proposed zoning: L -.3 Historic District: J-J 0 Landmark: I'" 0
Legal Description (Sidwell parcel 10# or lot number/blQ9< number/subdivision):
I rJ - I (0 -"':l;.z; l - I'Jc7
Tolal property (lot) area (square feet or acres): 3G.. I 000 ~ F-f
,
Describe orooosaltand reason ne!;eSsary (attach a letter of explanation, if needed):
ReZohe 0 allow tor future development
CERTIFICATION: I/we, the undersigned, do hereby certify that:
1. The information submitted herein is true and oorrect to the best of my/our knowledge and upon
submittal beoomes public reoord;
2. Fees are not refundable and payment does not guarantee approval; and
3. All additional required written and graphic materials are attached.
Pro__",)Ji..~,,,,~J.
Applicant/Agent: ~_ _ ___
Date: j,~ - /~ - 6t
Date:~
FOR OFFICE USE ONLY - APPUCATION SUBMITTAL CHECKUST
Fee: ~300. Received by: J;I/;(~
DSite/sketch plan 0 Conceptual Development Plan
Dlmprovement plans DDesign review project description
Date: 11./:J-c'lDocket:
DPhoto DPlat
DFloor plan DOther:
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SECTION 3. DISTRICT REGULATIONS
3-3. Commercial District.
3-3.3. C-3 General Commercial District:
(A) General Purpose And Description: The C-3 district is intended to provide commercial uses
which are designed to serve the motoring public or uses requiring highway or arterial
locations for their most beneficial operation and which cannot be more appropriately located
in other commercial districts.
(B) Principal Permitted Uses: The following uses shall be permitted in the C-3 district:
(I) Railroads and public or quasipublic utilities including substations-[47J.
(2) Residential uses above the first floor only-[ 6].
(3) Mortuary/funeral home-[6].
(4) Museumllibrary-[13].
(5) Schools of private instruction-[4].
(6) Private club-[20].
(7) General offices-[I4].
(8) Medical officelclinic-[36].
(9) Dental/medicallab-[8}.
(10) Personal services-[I4}.
(II) Bar~erlbeauty shops-[I 6}.
(12) Motel-[24].
(13) Gas station-[18}.
(14) Retail sales/service-[I7].
(15) Laundry/dry cleaner-[I9].
(16) Shoe repair-[I8].
(17) Bakery (whoIesalelcommercial)-[19].
(18) Indoor restaurant-[20].
. (19) Bar/tavem-[20].
(20) Automated gas station-[I8].
(21) Service station-[21].
. (22) Supermarket-(I7}.
(51) Auto service centers (TBA)-[34].
(52) Auto sales/service-[38}.
(53) Auto repairlbody shop-[35].
(54) Truck sales/service and repair-[39].
(55) Farm implement sales and service-[39].
(56) Mobile home sales-[40].
(57) Motorcycle sales and service-[4I].
(58) Boat sales and service-[40}.
(59) Recreational vehicles sales and service-[39}.
(60) Vehicle rental-[47}.
(61) Upholstery shop-[42].
(62) Local shopping center-[17].
(63) Parking structures-[n/a}.
(64) Contractor shoplyard-[33].
(65) Wholesale sales/distributor-[29].
(66) Agricultural supply sales-[I9].
[ ] 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:
(I) Any use customarily incidental and subordinate to the principal use it serves.
(0) Conditional Uses: The following conditional uses are permitted in the C-3 district, subject to
the provisions of section 5 of this ordinance and are the minimum requirements for
application to the board of adjustment for a conditional use permit:
(1) Outdoor recreation/outdoor amusement center provided that:
(a) Hours of operation shall be limited, 8:00 am. to 12:00 midnight, unless further
limited by the board of zoning adjustment.
(b) The parking group requirements can be met-[37].
[] Parking group - See section 4-2 of this ordinance.
(2) Group daycare center provided that:
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 office residential district, then six-foot side yard and
twenty (20) percent lot depth rear yard setbacks required.
(G) Parking requirements. See Section 4-2 of this Ordinance.
(H) Signs. See Section 4-3 of this Ordinance.
REZONING STAFF REPORT
Zoning Agenda: February 2, 2005
Property Address: 4616 Asbury Road
Property Owner: Maxine Roussel
Applicant: Chuck Nauman
Proposed Land Use: Commercial
Proposed Zoning: C-3
Existing Land Use: Residential
Existing Zoning: AG
Adjacent Land Use: North - Agricultural
East - Agricultural
South - Agricultural
West - Residential
Adjacent Zoning: North - C-3
East - C-3
South - PC
West - C-3
Former Zoning:
1934 - County; 1975 - County; 1985 - AG Total Area: .8 acres
Property History: The subject property has been used as a residence since its
annexation into the city.
Physical Characteristics: The subject property generally slopes to the southeast and
has frontage on Asbury Road.
Concurrence with Comprehensive Plan: The Comprehensive Plan designates the
northeast quadrant of the Northwest Arterial and Asbury Road for a mixture of
commercial and multi-family development. This project also implements the
Comprehensive Plan's Land Use Goal 2.2 and Economic Development Goal 8.1.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site.
Traffic Patterns/Counts: Asbury Road is designated as a minor arterial and carries
approximately 11,600 average vehicle trips.
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 is provided during all phases of development,
and storm water control is provided in compliance with City of Dubuque Standards.
Mayor Duggan and Members of the Council,
I wish to bring to your attention an issue involving the upcoming request for commercial rezoning of property
located at 4616 Asbury Road by Maxine Roussel/Chuck Nauman. As an adjacent landowner who has always
followed the recommendations and direction of the city council regarding access to commercial development from
main thoroughfares such as the NW Arterial and Asbury Rd., I am concerned the issue of access to this parcel
has not been adequately addressed. Over the years, in attempting to rezone various property in this area, access
off the Arterial/Asbury Rd. has been highly scrutinized and rightfully so considering the traffic congestion on JFK
Rd. and increasing congestion on Asbury Rd. The ideology has always been to keep access to commercial
development in this area as far away from this intersection as possible. If possible, take a moment to drive
westerly on Asbury Rd. between 4 and 6 PM (especially Friday) to observe the traffic back up at the NW Arterial
signal. I can't imagine eastbound Asbury Rd. traffic turning left smoothly into a retail business at this location. I
believe this may even cause disruption with traffic backed up to the Arterial signal. Even a right in right out access
wouid create problems with right out traffic attempting to cross multiple lanes to head south on the Arterial. I
believe a similar example exists with the current KFC on JFK with vehicles attempting to travel north on JFK or
crossing multiple lanes to travel east on Pennsylvania. Let's learn from previous mistakes. In conclusion, I don't
oppose the rezoning, but question the access to this parcel. I feel if this access is indeed granted then my
adjacent properly to the west (4730 Asbury Rd.) which has two access points off Asbury Rd. should also be
approved when requested. Thank you for your time.
Respectfully,
Timothy J. Quagliano
2/16/2005
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