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Request to Rezone 2155 Rockdale Road_Joe ZwackPlanning Services Department City Hall 50 West 13th Street Dubuque, IA 52001 -4864 (563) 589 -4210 phone (563) 589-4221 fax (563) 690 -6678 TDD planning @cityofdubuque.org The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 Masterpiece on the Mississippi Dubuque AJ- Ama1°cIIy 2007 November 4, 2011 Applicant: Joe Zwack, Triple J Land Co, LLC /Daryl Biechler, DSD Properties Location: 2155 Rockdale Rd Description: To rezone property from R -3 Moderate Density Multi - Family Residential 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 the requested rezoning, proposed use of property, anticipated number of employees, surrounding land use, and existing volume of traffic on Rockdale Road. Staff reviewed surrounding zoning and land use, previous use of the property, and noted submittal of a petition in opposition, which was received and filed by the Commission. There was one person who spoke in opposition to the requesting, citing concerns for negative impact on property values, traffic and lighting. The Zoning Advisory Commission discussed the request, noting that the property's small size would limit the number of uses that could locate on the subject property. Recommendation By a vote of 4 to 1, the Zoning Advisory Commission recommends that the City Council approve the request. The petition filed in opposition equals 57.8% of the adjacent property owners within 200 feet of the subject property. Therefore, a super majority vote is needed for the City Council to approve the request. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 Respectfully submitted, *cQt- Patrick Norton, Vice Chairperson Zoning Advisory Commission Attachments Sery ice People Integrity Responsibility Innovation Teamwork THE CITY OF DUB E Masterpiece on the Mississippi ['Variance ❑Conditional Use Permit ['Appeal ❑Special Exception [ilited Setback Waiver aimezoning/PUD Dubuque limmd 2007 PLANNING APPLICATION FORM ['Preliminary Plat ['Major Final Plat ['Minor Final Plat ❑Simple Site Plan ❑Minor Site Plan ❑Major Site Plan Please type or print legibly in ink Property owner(s): -7( P�Q �' t16 ESimple Subdivision ['Text Amendment ['Temporary Use Permit ❑Annexation ❑Historic Revolving Loan [Historic Housing Grant Joe Address: crib- ?) / or kf 2.et Q, City: 1JUkt Fax #: Cell fJ E -mail: Applicant/Agent: D51) Prvprr3 C7, / hied:k Phone: � P-- 4' Co Address: '776a (t • 1 �kr', L City: bt5 State: T� Zip: 3? / Planning Services Department City Hall — 50 W. 13th Street Dubuque, IA 52001 -4864 Phone: 563- 589 -4210 Fax: 563 - 589 -4221 planninc acitvofdubu iue.orq ['Certificate of Appropriateness EAdvisory Design Review (Public Projects) DCertificate of Economic Non - Viability [Historic Designation ['Demolition in Conservation District ❑Neighborhood Assoc. Phone: Stater Zip: _5LJc Fax #: — Cell #: '— {, E -mail: Site location /address: 21S-5- I S y Q.t(-%Cit /e r/ Existing zoning: R -3 Proposed zoning: C.,-..3 District: AA Landmark: ❑Yes le:No Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): SO/3 2, 6 0 6 9 • Total property (lot) area (square feet or acres): 0 ficae. S Describe proposal and reason necessary (attach a letter of explanation, if needed): ✓ L) .4-( 4-" L C.CSVYLoort.QAAjetk CLn I_ , a, $ kle CERTIFICATION: I /we, the undersigned, do hereby certify /acknowledge that: 1. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants. 2. The information submitted herein is true and correct to the best of my /our knowledge and upon submittal becomes public record; 3. Fees are not refundable and payment does not guarantee approval; and 4. All additional required written and graphic materials are attached. Property Owner(s): Applicant/Agent(s): •� L4 Date: t1A tt t6 ( Date: FOR OFFICE USE ONLY 7j, it 1C Received by: Date: ` l .)N Docket: C -3 BELLEVUE Base Data Provided by Dubuque County GIS Masterpiece on the Mississippi Dubuque 2007 Vicinity Map Applicant: Joe Zwack, Triple J Land Co LLC / Daryl Biechler, DSD Properties Location: 2155 Rockdale Road N A Description: To rezone property from R -3 Moderate Density Multi - Family Residential District to C -3 General Commercial District. Legend Zoning Proposed Area to be Rezoned City Limits Path: H: \Planning Services \Vicinity Maps\ZAC Vicinity Maps \projects\2155 Rockdale Road Vicinity Map 09_08_11.mxc REZONING STAFF REPORT Zoning Agenda: October 5, 2011 Property Address: Property Owner: Applicant: 2155 Rockdale Road Joe Zwack, Triple J Land Co LLC Daryl Biechler, DSD Properties Proposed Land Use: Contractor Shop Existing Land Use: Vacant/Church Adjacent Land Use: North — Residential East — Residential South — Residential /Commercial West - Residential Proposed Zoning: C -3 Existing Zoning: R -3 Adjacent Zoning: North — R -3 East — R -1 South — OS West — OS /R -1 Former Zoning: 1934 — County; 1975 — County; 1985 — R -3/C -1 Total Area: Approximately % acre Property History: The property was annexed into the City in 1979 and rezoned R -3 Moderate Family Multi - Family Residential District in 1981. The eastern half of the property was subsequently rezoned to C -1 and the balance of the property was rezoned to OS Office Services district in 2000. The entire subject lot was rezoned to R -3 in 2004 to accommodate a church. Physical Characteristics: The property is a relatively level, approximately % acre lot, with a 2,200 square foot building. The property has 135 feet of frontage along Rockdale Road that has no curb, gutter or sidewalk at this location. Concurrence with Comprehensive Plan: Land use and urban design goals encourage the concept of mixed -use development to encourage diverse and self - sufficient neighborhoods. The Comprehensive Plan recommends buffering incompatible uses from each other. The proposed land use map recommends commercial use for this property. Impact of Request on: Utilities: Existing utilities are adequate to serve the site. Traffic Patterns /Counts: The Iowa Department of Transportation 2005 average daily traffic counts indicate 7,000 vehicle trips per day on Rockdale Road north of the subject property and 5,200 vehicle trips per day on Rockdale Road south of the Rezoning Staff Report — 2155 Rockdale Road Page 2 subject property. Rockdale Road is 20 feet wide with no curb and gutter at this location. Public Services: 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 conveyance is provided during site development. Adjacent Properties: The existing vacant church building is approximately 2,200 square feet in area. There is a large 7,000 square foot single - family residence on a one -acre lot directly south of the subject property and two single - family homes directly north of the property. There is a possibility that a contractor shop could generate noise, activity, traffic and outdoor storage in excess of what would be generated by a multi - family development, or the former church use. Prior to the church use, the property formerly accommodated a contractor shop and yard with associated vehicles and storage. CIP Investments: None proposed. Staff Analysis: The applicant is proposing to rezone an approximately % acre lot located at 2155 Rockdale Road from R -3 Moderate Density Multi - Family Residential district to C -3 General Commercial district to permit a contractor's shop and yard. The property currently accommodates a vacant church building and has a single access to Rockdale Road. The property is located in close proximity to several single - family residences. A contractor shop at this location may generate noise, activity, traffic and outdoor storage that may impact the adjacent residential properties. This activity, however, may be somewhat similar to the former church or contractor shop uses. If the property is redeveloped and additional vehicle use or storage area is paved, a site plan and storm water management will be required. Staff recommends that the Zoning Advisory Commission review the criteria established in Article 9 -5 of the Unified Development Code regarding reclassification. Prepared by: Reviewed: Date: q' Zg' f:\ users\ kmunson \wp\boards- commissions\zac\staff reports\zac staff reports 2011\2155 rockdafe road stf rpt 09_27_11.doc 5 -13 C -3 General Commercial The C -3 District is intended to provide locations for commercial uses which are designed to serve the motoring public or uses requiring highway or arterial locations. 5 -13.1 Principal Permitted Uses The following uses are permitted in the C -3 district: 1. Agricultural supply sales 2. Animal hospital or clinic 3. Artist studio 4. Auditorium or assembly hall 5. Bakery (wholesale /commercial) 6. Bank, savings and loan, or credit union 7. Bar or tavern 8. Barber or beauty shop 9. Business services 10. Carwash, full service 11. Carwash, self service 12. Construction supply sales or service 13. Contractor shop or yard 14. Dental or medical lab 15. Department store (60,000 square feet maximum) 16. Farm implement sales or service 17. Furniture upholstery or repair 18. Gas station 19. General office 20. Grocery store 21. Hotel 22. Indoor amusement arcade 23. Indoor recreation facility 24. Indoor restaurant 25. Indoor theater 26. Laundry, dry cleaner, or laundromat 27. Medical office 28. Mini - warehouse 29. Mobile or manufactured home sales or service 30. Mortuary or funeral home 31. Moving or storage facility 32. Museum or library 33. Neighborhood shopping center 34. Parking structure 35. Pet daycare or grooming 36. Photographic studio 37. Place of religious exercise or assembly 38. Printing or publishing 39. Private club 40. Public or private park, golf course, or similar natural recreation area 41. Railroad or public or quasi- public utility, including substation 42. Residential use above the first floor only 43. Restaurant, drive in or carryout 44. Retail sales and service 45. School of private instruction 46. Service station 47. Vehicle body shop 48. Vehicle sales or rental 49. Vehicle service or repair 50. Vending or game machine sales or service 51. Wholesale sales or distributor 52. Tattoo parlor 53. Tour home 5 -13.2 Conditional Uses The following conditional uses may be permitted in the C -3 District, subject to the provisions of Section 8 -5: 1. Licensed adult day services 2. Licensed child care center 3. Outdoor recreation or outdoor amusement center 4. Passenger transfer facility 5. Wind energy conversion system 5 -13.3 Accessory Uses The following uses are permitted as accessory uses as provided in Section 3 -7: 1. Any use customarily incidental and subordinate to the principal use it serves. 2. Wind turbine (building - mounted). 3. Crematorium accessory to a mortuary or funeral home. 5 -13.4 Temporary Uses Temporary uses shall be regulated in conformance with the provisions of Section 3 -19. 5 -13.5 Parking Minimum parking requirements shall be regulated in conformance with the provisions of Article 14. 5 -13.6 Signs Signs shall be regulated in conformance with the provisions of Article 15. 5 -13.7 Bulk Regulations C3 General Commercial Min Lot Min Lot Max Lot Area Frontage Coverage (square (% lot feet) (feet) area) Setbacks Front (feet) Min Side 1 Min Rear 2 Min Max (feet) (feet) Licensed Childcare Center, licensed adult day services ' 5,000 50 50 20 Vehicle Sales _ j, 20,000 20 ' When abutting a residential or office - residential district, a 20 foot side setback is required. 2 When abutting a residential or office- residential district, a 20 foot rear setback is required. All Other Uses Max Height (feet) 40 40 40 CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE is hereby given that the Dubuque City Council will conduct public hear- ings at a meeting to commence at 630 p.m. on Monday, November 21, 2011, in the Historic Federal Building, 350 West 6th Street, on the following: Rezonings Request from Joe Zwack, Triple J Land Co., LLC / Daryl Biechler, DSD Proper- ties to rezone property located at 2155 Rockdale Road from R- 3 Moderate Density Multi-Family. Residen- tial District to C -3 General Commercial District. Request from Peter ArLing, O'Connor & Thomas, P.C. / Asbury Dubuque, LC / Rich- ardson Investments, LLC to amend the Planned Unit Develop- ment (PUD) for property located in the Asbury Plaza Shopping. Center to allow for the right -in / right -out access to the Northwest Arterial and to amend the list of permitted uses, height and sign regulations. Copies of supporting documents • for the public hearings are on file in the City Clerk's Office and may be viewed during normal working hours. Written comments regarding the above public hearings may be submitted to the City Clerk's Office on or before said time of public hearing. At said time and place of public hearings all interested citizens and parties will be given an opportunity to be heard for or against said rezoning. Any visual or hearing impaired persons need- ing special assistance or persons with special accessibility needs should contact the City Clerk's Office at (563) 589 -4120 or TTY (563) 690 -6678 at least 48 hours prior to the meeting. Kevin S. Firnstahl City Clerk it 11/11 a/� iz7`V7i STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: November 11, 2011, and for which the charge is $21.80. Subscribed to before me, a otary Public in and for Dubuque County, Iowa, this //0 day of 024,9z , 20 ,j . Notary Public in ubuque County, Iowa. MARY K. WESTERMEYER Commisslon Number 1540E5 Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210 Return to: Kevin S. Firnstahl, City Clerk Address: City Hall, 50 W. 13th St Telephone: 589 -4121 ORDINANCE NO. -11 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2155 ROCKDALE ROAD FROM R -3 MODERATE DENSITY MULTI - FAMILY RESIDENTIAL 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 Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter described property from R -3 Moderate Density Multi - Family Residential District to C -3 General Commercial District, to wit: Lot 1 Nick Weber Place, 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 upon publications, as provided by law. Passed, approved and adopted this Attest: Kevin S. Firnstahl, City Clerk day of 2011. Roy D. Buol, Mayor October 5, 2011 Petition u (C C Ulf OF DI iBLIOUE To: City of Dubuque Zoning Advisory Commission ENT Neighborhood and surrounding families would like the parcel at 2155 Rockdale Rd. remain an R -3 Moderate Density Multi- family Residential District and not be changed to C -3 General Commercial District. Noise, Traffic and Safety 1. Noise level with over 10,000 cars daily very high from Rockdale Rd. 2. Community school buses picking up and dropping off High School Students in front of the property asking for C -3 zoning. 3. Property to be rezoned surrounded by all residential properties. 4. C -3 at 2155 has too many opportunities for Noisy and high traffic businesses. 5. Access From Brian Dr. & Tower Dr. is very difficult at all times. 6. Enough noise from Rockdale Rd. daytime and nighttime. 7. New tenant informed us that would be used office and storage. 8. Thank you from citizens of Rockdale area. Page 1 Petition/ Name/ Address/ note concern se dIA I/ 2. -Q-/Ktr2_9..0VY(A z�.6 kockda1e ROI �1 i L\At 1) h , P ls it ,©, ,,;23-0 ( „Jib, prop y . 4. 1C tC-- �1 cQvA- 152t 2t br'\&r1C - OKy:et. +4:1 5. 6. 17. /37-5-'10 /4-1 /8. -/e)M- i6et_u5oLdLit, 1`)A 9* -0/N 1\11.0. 7///4 2tP t��� --?» vg D► i G-.3 70,4114G �' , �� �� �3 ° (r r ;/ { �. �� r / f - /Ci C 12. ,f C --,3 20(45 page 2. 13.\i 044. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 4 Mvm, /5-35 /d7MtV7.-64a7 0-3 &romp /O024p -12-C s-aoa� 2.630 Rc ack k Okie =3 zonka_ MEMORANDUM November 3, 2011 TO: Michael Van Milligen, City Manager Cindy Steinhauser, Assistant City Manager Kevin Firnstall, Acting City Clerk Barry Lindahl, City Attorney �(�,� FROM: Laura Carstens, Planning Services Manager 59 SUBJECT: Percentage of Opposition for Proposed Rezoning at 2155 Rockdale Road. Planning Services staff has reviewed a petition submitted by adjacent property owners opposed to the request submitted by Joe Zwack, Triple J Land Co., LLC and Daryl Biechier, DSD Properties, to rezone property located at 2155 Rockdale Road from R -3 Moderate - Density Multi- Family Residential district to C -3 General Commercial district. The request is to permit an existing building that is currently a vacant church to be converted to a contractor's shop. The Zoning Advisory Commission approved the request to rezone the property at their November 2, 2011 meeting. The property in opposition equals 57.8% of the adjacent property within 200 feet of the rezoning. Therefore, it will require a super- majority of the City Council to approve the rezoning request. This memo is provided for your information. Property @ 2155 Rockdale Road To whom it may concern: As a property owner /neighbor directly adjacent to the property at 2155 Rockdale Road, I / we wanted to make it known that we support the new owners and the masonry business that they are proposing to operate from that address. We do not have any problems having an office space and storage shop for their business purposes being next to our homes. Signed: --(2& ZG1-61:27 Date: rn a C s Property @ 2155 Rockdale Road To whom it may concern: As a property owner /neighbor directly adjacent to the property at 2155 Rockdale Road, I / we wanted to make it known that we support the new owners and the masonry business that they are proposing to operate from that address. We do not have any problems having an office space and storage shop for their business purposes being next to our homes. P -1 t2A, /(0 tatiL_ 0164511111W 16"." NHOP -vn r"--• ..cc • Nov 1111111.1. / Ott • ',30•040...-: -• '1.ZE