Molo Big 10 Mart - Rezoning Request
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Prepared by: Laura Carstens. City Planner Address: 50 W. 13th St.. Citv Hall Telephone: 589-4210
ORDINANCE NO. 108-00
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE)
OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2120 JOHN F.
KENNEDY ROAD FROM C-2 NEIGHBORHOOD SHOPPING CENTER
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 C-2 Neighborhood Shopping Center District to C-3 General Commercial District, to
wit:
Lot 1 of Lot 2 Asbury Springs Subdivision No. 5
Section 2. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Passed, approved and adopted this '8~y of December, 2000.
Terrance M. Duggan, Mayor
Attest:
Jeanne Schneider
City Clerk
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Planning Services Department
50 West 13th Street
Dubuque, Iowa 52001-4864
Phone (319) 589-4210
Fax (319) 589-4221
DUB~E
~Yk-~
December 12, 2000
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque lA 52001
RE: Rezoning Reconsideration (referred by the City Council) to rezone from C-2
Neighborhood Shopping Center District to C-3 General Commercial District
2100 John F. Kennedy Road
Molo Big 10 Mart
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 the company's reasons for requesting a
rezoning from C-2 to C-3 that were included in a letter dated November 9, 2000. Staff
reviewed surrounding zoning and land use and indicated that car washes and fast food
restaurants were conditional uses in a C-2 district, but that oil change businesses were not
allowed.
The Zoning Advisory Commission discussed the request, noting that the subject property is in a
transition area between the more predominant commercial uses on the west side of John F.
Kennedy Road and the office residential areas on the east side. The Commission discussed the
additional signage allowed- by the C-3 district and whether this could add to the sign clutter
along John F. Kennedy Road. The Board felt that the applicant did have sufficient flexibility
under the C-2 district to change the business to allow for sale of fast food or provide car
washes. The Commission also directed staff to prepare a text amendment to allow oil
change/lube businesses as a permitted use in the C-2 district. The Commission believed this
would address the applicant's concern that if the business was destroyed by fire, that they
could not rebuild.
Recommendation
By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council deny
the request.
A super majority vote is needed for the City Council to approve the request.
Respectfully submitted
r' ~
c;u:~ Bird~,<~;~
Zoning Advisory Commission
Service
People
Integrity
Responsibility
Innovation
Teamwork
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DU~~E
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City of Dubuque
Planning Services Department
Dubuque IA 52001-4864
Phone: 319-589-4210
Fax: 319-589-4149
PLANNING APPLICATION FORM
o Variance
o Conditional Use Permit
o Appeal
o Special Exception
o Limited Setback Waiver
~oning
o Planned District
o Preliminary Plat
o Minor Final Plat
o Text Amendment
o Simple Site Plan
o Minor Site Plan
o Major Site Plan
o Major Final Plat
o Simple Subdivision
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o Annexation
o Temporary Use Permit
o Certificate of Appropriateness
o Certificate of Economic Hardship
o Other:
PLEASE TYPE OR PRINT LEGIBLY IN INK
Property Owner(s):
MOLO OIL COMPANY
Phone: 557-~540
Zip: 52004-0719
Address:
P.O. Box 719
State: IA
City: Dubuque
Fax Number:
557-9632
Mobile/Cellular Number:
Applicant/Agent: Mo 1 0 Oil (;ompAny
Address: same City:
Fax Number: Mobile/Cellular Number:
Site location/address: Z- \ 2-0 ~bLlL.L ~. lL~l...1 ..JeJ?'-(
Phone:
State: Zip:
D1Z\y'~
Existing zoning: L--Z- Proposed zoning: (....,.,-.3
Historic district: t-J 0
Landmark: Wo
Legal description (Sidwell ParcellD number or lot number/block number/subdivision): I 0... 72- - L-=5"l - OD 7
Total property (lot) area (square feet or acres): I k~
Number of lots:
Describe proposal and reason necessary (attach a letter of explanation, if needed):
to change existing zoning from C-2 to C-3 to allow for more f1ex~hility for th~
property and it's use for any future exPansions on a main commercial arterial such as
John F. Kennedy Road.
CERTIFICATION: Ilwe, the undersigned, do hereby certify that:
The information submitted herein is true and correct to the best of my/our knowledge and upon submittal
becomes public record;
Fees are not refundable and payment does not guarantee approval; and
All additional required written and graphic materials are attached.
Property Owner(s): ~~/ ~
1.
2.
3.
Date:
10-2-2000
Applicant/Agent:
Date:
. ds FOR OFFICE USE ONL TION SUB~I~AL CHECKLIST
Fee: 2no. ~ Received by: Date: /l)~/G:'O Docket:
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o Property ownership list 0 Site/sketch plan loor plan 0 Plat 0 Conceptual development plan
o Improvement plans 0 Design review project description 0 Photo 0 Other:
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C-3
'i~~~~~ijiji~~1 Proposed area to be rezoned
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Applicant: Molo Big 10 Mart
Location: 2120 John F. Kennedy
Road
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Area.. PI'()P()S~cJ
10 befetol'led
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Description: To rezone property
from C-2 Neighborhood Shop-
ping Center District to C-3
General Commercial District.
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Hillcrest Rd.
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MOLO
OIL
COMPANY
123 SOUTHERN AVENUE
P,O BOX 719
DUBUQUE, IOWA 52004-0719
PHONE 319 557-7540
November 9, 2000
Dear Council Members:
I am writing regarding Molo Big 10 Mart's application to rezone our Big 10 Mart at
2100 JFK Rd. from C-2 to C-3. As directed under 6-1.1 of the zoning
reclassification procedure in paragraph two, we will demonstrate that the requested
reclassification is more appropriate then the present classification. Based on the
results of the zoning advisory commission meeting of November 1, 2000, it is
obvious that we have not presented our rezoning request adequately. We are not
requesting this rezoning just for the sake of rezoning itself, there are several
compelling reasons for this property to be zoned correctly.
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Presently, the Big 10 Mart is a non-conforming C-2. When our property was initially
zoned and our facility built, it was a conforming C-2, things developed and we
excepted the special use permit to operate our Quick Lube instead of asking to be
properly zoned as a C-3.
We have recently completed a major re-model of this facility which updated our
building to an attractive facility which greatly enhances the JFK corridor. It is
important to protect our asset, we have put a considerable amount of money into
making this location desirable and attractive to the community. As a non-
conforming C-2 site, if a tornado, fire or other disaster were to destroy our location,
we could not rebuild as is under the current C-2 zoning. If we wish to add a car
wash to our facility, we couid not, we wouid need to apply for another special use
permit with no guarantees of acceptance. If we wanted to add a quick serve
restaurant to our facility (such as Burger King, McDonalds, etc.) in place of the
current Quick Lube or added as a separate entity along with the existing facility, we
would not be allowed under the present C-2 zoning.
This puts us at a considerable competitive disadvantage, particularly with the other
locations that are currently properly zoned as C-3 on JFK Rd. All of the
convenience stores currently located on JFK except ourselves are zoned C-3.
Because of this, our resale value is lower, our expansion possibilities are limited
and we have less signage flexibility under our current C-2 zoning.
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We realize keeping sign integrity on JFK Rd. is an important issue, our plan is to
keep the existing free-standing sign as is. The signs that we plan to attach to the
building will be less total square footage then what is presently allowable. The only
difference being that the square footage will be divided into 3 signs instead of 1 (I
will have photos available for you to view at the November 20th meeting).
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Our property fits the C-3 zoning criteria as noted on page 2 of the rezoning staff
report. The general purpose and description of C-3 General Commercial district
indicated that it is to "provide commercial uses, which are designed to serve the
motoring public or uses requiring highway or arterial location for the most beneficial
operation."
City zoning staff have recommended approval for our application, in addition, not a
single person attended the hearing to oppose the rezoning and finally, all of the
convenience stores on JFK Rd. are zoned C-3 with the exception of ours. With all
of these compelling reasons, we urge you to approve the rezoning of our property
from C-2 to C-3 in accordance with article 6-1 .1 .
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Steve Gorius
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REZONING STAFF REPORT
Zoning Agenda: November 1, 2000
. Property Address: 2120 John F. Kennedy Road
Property Owner:
Molo Oil Company
Applicant:
Molo Oil Company
Proposed Land Use: Commercial
Proposed Zoning: C-3
Existing Land Use: Commercial
Existing Zoning: C-2
Adjacent Land Use: North - Office Adjacent Zoning: North - C-2
East - Multi-Family Residential/Office East - R-3/0S
South - Commercial South - C-3
West - Multi-Family/Office West - R-4/0S/0R
Former Zoning:
1934 -County; 1975 - R-5; 1985 - R-3
Total Area:
Property History:
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Physical Characteristics: The subject property is located at the northeast corner of
John F. Kennedy Road and Foothill Drive. The property is relatively flat and has
access to both John F. Kennedy Road and Foothill Drive.
Concurrence with Comprehensive Plan: The subject parcel is not included as part of
the 1995 Comprehensive Plan.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site.
Traffic Patterns/Counts: John F. Kennedy Road is designated as a principal
arterial and carries approximately 18,000 vehicle trips per day.
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Public Services: Existing public services are adequate to serve the site.
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REZONING STAFF REPORT
Page 2
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Environment: Staff does not anticipate any adverse impact to the environment
because of the proposed rezoning request.
Adjacent Properties: Staff does not anticipate any adverse impact to the adjacent
properties because of the proposed rezoning request. While the C-3 District does
allow wider ranger of uses than the C-2 District, staff does not anticipate any
significant impact to adjacent property as the existing use of the property as a
convenience store, gas station and service station is one of the more intense uses
allowed by the C-2 or C-3 District.
CIP Investments: None proposed.
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Staff Analysis: The proposed rezoning by Molo Oil Company is to rezone the property
at 2120 John F. Kennedy Road from C-2 Neighborhood Shopping Center district to C-3
General Commercial District. The property is located at the northeast corner of John F.
Kennedy Road and Foothill Drive. The applicant is requesting the change to allow
more flexibility for future expansions on the property and because the C-3 General
Commercial district is appropriate along John F. Kennedy Road.
The subject parcel is surrounded by a mixture of commercial, office and multi-family
zoning. The property immediately south of this parcel is occupied by Eagle Country
Market. Property on both sides of John F. Kennedy Road is primarily zoned C-3
General Commercial south of Foothill all the way to Highway 20.
The general purpose and description of C-3 General Commercial district indicated that
it is to .provide commercial uses which are designed to serve the motoring public or
. uses requiring highway or arterial location for the most beneficial operation."
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REZONING STAFF REPORT
Page 3
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Staff recommends that the Zoning Advisory Commission review Section 6-1.1 of the
Zoning Ordinance that establishes criteria for the review of rezoning requests.
Prepared by: ~ ~ Reviewed: .v,t4
Date: /~b~o
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CITY OF DUBUQUE, IOWA
MEMORANDUM
November 28, 2000
TO:
Zoning Advisory Commission
Kyle L. Kritz, Associate Planner ~ t.1!:
FROM:
SUBJECT: Molo Oil Company Rezoning (referral by City Council)
The City Council reviewed the rezoning request of Molo Oil Company for their business
at 2120 John F. Kennedy Road on November 20,2000. The City Council received a
letter from Molo Oil Company that provided a detailed explanation of their reasons for
seeking the rezoning of their property from C-2 Neighborhood Shopping Center District
to C-3 General Commercial District. It was pointed out that this information was not
made available to the Zoning Advisory Commission during your public hearing of
November 1, 2000, and that if available, may have altered the recommendation
forwarded by the Zoning Advisory Commission.
The City Council has referred the rezoning request by Molo Oil Company back to the
Zoning Advisory Commission for their review in light of the additional information
presented by the Company. Attached to this memo is the original staff report and the
associated documents as well as the letter from Molo Oil Company.
Staff recommends the Zoning Advisory Commission review the enclosed information
and make a recommendation to the City Council.
KLK/mkr
Attachments
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