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Molo Big 10 Mart - Rezoning Request . . . 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 . . . 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 . . DU~~E ~~~ 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 ~. - 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: . 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: \~"""'I " o . .~ . 0 . r . (l 2h .r:~__ ~.lo:.. .. oJt.:>>lMt~'; :"'-~~l!'UO:i:lll'!.lt:.*" Os D DoG;] ] ~ o C- o C-2 " . ^ CD =' =' CD 0. 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" ....... ......... ................. ........................... ......... ......... ...... ......... ........... ................ ... ...... .......... .............. ....... .............. ..... ........ ....... ..... .......... .. ............ ..................... .. ............ '" .................. ........... ............ ............ ................. ........ ........... ........... ....... ................. ........... ...... ..... ... ........... ........................ ........... .................... ...... .......... ...... ...... '" .................... .. ........... ....... ...... ........... ..................... ...... ........ .... .......... ... ........... ........ .. ....... ..... ......... ............ ........................ .... ....... '" ........... .... ...... ........... ......... ... '" ... ................. ......... ............ D os C-3 'i~~~~~ijiji~~1 Proposed area to be rezoned Ke Wa [ Applicant: Molo Big 10 Mart Location: 2120 John F. Kennedy Road ~ o 8- ~ Q. Area.. PI'()P()S~cJ 10 befetol'led .... - - -. -----.. Description: To rezone property from C-2 Neighborhood Shop- ping Center District to C-3 General Commercial District. ~ Hillcrest Rd. . . . (L''-,_,,>4 , -\ ! _____ \;, ---A ~/ l' " \; 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. . 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. . 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). . ' . . 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 . ~ Steve Gorius . . . . 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: . 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. . Public Services: Existing public services are adequate to serve the site. . . REZONING STAFF REPORT Page 2 . 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. . 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." . . REZONING STAFF REPORT Page 3 . 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 . . ~. . . . . . 7 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. 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