Zoning 4310 Asbury, Conlon's
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
T~:CI~OFl~~__
DLTBOQUE
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June 10, 2005
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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: Kevin & Nancy Conlon
Location: 4310 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 the existing development of the
site for a single-family home.
Staff reviewed the surrounding zoning, land use and access to the property.
There were no public comments.
The Zoning Advisory Commission discussed the request, noting that the area is already
predominantly zoned C-3 General Commercial.
Recommendation
By a vote of 6 to 0, 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,
- ~ Ak1. ~fl-
~~I~, Chairperson
Zoning Advisory Commission
Attachments
Service
People
Integrity
Responsibility
Innovation
Teamwork
Prepared by: Laura Carstens. City Planner Address: 50 W. 13th St.. City Hall Telephone: 589-4210
ORDINANCE NO. 40-05
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT 4310 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 2-1-1-1-1-1 SW % SW % 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.
20th
Passed, approved and adopted this 20th day of June 2005.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
DU~~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
o Variance
OCol'1ditional Use Permit
OAppeal
OSpedal Exception
OUmited Setback Waiver
~oning
OPlanned District
DPreliminary Plat
DMinor Rnal Plat
OText Amendment
OSimple Site Plan
OMinor Site Plan
o Major Site Plan
o Major Rnal Plat
DSimple Subdivision
DAnnexation
DT emporary Use Permit
DCertificate of Economic Non-Viability
OCertificate of Appropriateness
OOther:
Please tvoe or Drint leoiblv in Ink
~Property owner(s): ~\.Il~ ~ .. tJAN(.'1 4\. CoJJL.otJ
,,<' Address: '/1,/0 A-S'KIlf2.y i2~ Oty: bu6u.tLu.c9
5'S1"18o! -}-\
Phone:S,,! S8Z.~:ac:r1- w
State:~ Zip: 52.00 I
(<fax Number: ~~J ..5B2. -z,"Z"1'3 Mobile/Cellular Number: ~O"'32.q,
~plicant/Agerit: ~\~~. <<~N~ .A.Coto.lL-o,.,) Phone: ~'1.S'~1.."18o!
Address: 1'81'0 4JoM.~~D t.N Oty: -DLtAAfJ6o State: ~Zip: S:z.D!~
Fax Number: oS,=, ~ -582. -2.:Z.. 7:3 Mobile/Cellular Number: ~BD _ ~ 2-CJ 1
Site location/address: 13/0 4 SB t.-t14j 120AD
Existing zoning: ,.6.~ Proposed zoning: c- ~ Historic Disbict: ~ Landmark: }-..fD
Legal Description Sidwell parcel ID# or lot number/block number/subdivision):
-6
Total property (lot) area (square feet or acres): Z.Jf1 L:\ {.,- fZ.-t" S
Describe proposal and reason necessary (attach a letter of explanation, if needed):
C-H4 fI/ (. G 1+" 1" C. . ~ ZcDto.I/~" - ~ ""'D JilIa PIz.,..,.,1\.f 2oJv&o
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CERl1ACATION: I/we, the undersigned, do hereby certify that:
1. The information submitted herein is true and OJrrect to the best of my/our knowledge and upon
submittal bemmes public record;
2. Fees are not refundable and payment does not guarantee approval; and
3. All additional required written and graphic materials are attad1ed.
Property Owner(s): ~ . 17M 0. .~ Date: ()5 -at. -2.'S
Applicant! Agent: Date:
J FOR OFFICE USE ONLY - APPUCATION SUBMITTAL CHECKUST
Fee: 3~. oUReceived by: ,1{1u.~ Date: 5/5/ t/"'; Docket:
DSitejsketch plan 0 Conceptual Development Plan o Photo DPlat
OImprovement plans DDesign review project description OFloar plan o Other:
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N'w. ARTERIAL
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:
(1) Railroads and public or quasipublic utilities including substations-[47].
(2) Residential uses above the first floor only-[6].
(3) Mortuary/funeral home-[6].
(4) Museum/library-[13].
(5) Schools of private instruction-[4].
(6) Private club-[20].
(7) General offices-[14].
(8) Medical office/clinic-[36].
(9) Dentallmedicallab-[8].
(10) Personal services-[I4].
(11) Barberlbeauty shops-[I6].
(12) Motel-[24].
(13) Gas station-[I8].
(14) Retail sales/service-[I7].
(15) Laundry/dry cleaner-[19].
(16) Shoe repair-II8].
(17) Bakery (wholesale/commercial)-[19].
(18) Indoor restaurant-[20].
(19) Barltavem-[20].
(20) Automated gas station-[I8].
(21) Service station- [21].
_ (22) Supermarket-[17].
(23) Tailoring/alterations-[18].
(24) Furniture/home furnishing-[27].
(25) Appliance sales/service-[27].
(26) Catalog center-[23].
(27) Drive in/carryout restaurant-[28].
(28) Drive up automated bank teller-[8].
(29) Self service car wash-[8].
(30) Animal hospitallclinic-[23].
(31) Laundromat-[22].
(32) Furniture upholstery/repair-[18].
(33) Artist studio-[5].
(34) Photographic studio-[23].
(35) Neighborhood shopping center-[17].
(36) Business services-[29].
(37) Department stores/sixty thousand (60,000) square feet maximum-[17].
(38) Hotels-[30].
(39) Auditoriums/assembly halls-[20].
(40) Indoor theater-[ 48].
(41) Banks/savings and loans, and credit unions-[3I].
(42) Indoor amusement center-[23].
(43) Vending/game machine sales and service-[19].
(44) Indoor recreation facilities-[37].
(45) Mail order houses-[23].
(46) Lumberyardslbuilding materials sales-[19].
(47) Construction supply sales and service-[19].
(48) Printing/publishing-[32].
(49) Moving/storage facilities-[33].
(50) Full service car wash-[8].
(51) Auto service centers (TBA)-[34].
(52) Auto sales/service-[38].
(53) Auto repair/body 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-[41].
(58) Boat sales and service-[49].
(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 shop/yard-[33].
(65) Wholesale sales/distributor-[29].
(66) Agricultural supply sales-[19].
[ ] 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:
(1) Any use customarily incidental and subordinate to the principal use it serves.
(D) 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 a.m. 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:
(a) Forty (40) square feet of indoor floor area (excluding halls and bathrooms) is provided
per child in areas occupied by cribs;
(b) Thirty five (35) square feet of indoor floor area (excluding halls and bathrooms) is
provided per child in areas not occupied by cribs times the licensed capacity;
(c) Seventy five (75) square feet of fenced outdoor recreation space is provided per child
using the space at a given time;
(d) Such facility shall provide for the loading and unloading of children so as not to
obstruct public streets or create traffic or safety hazards;
(e) All licenses have been issued or have been applied for awaiting the outcome of the
board's decision;
(f) No group daycare center may be located within the same structure as any gas station,
bar/tavern, automated gas station or any facility selling, s~rvicing, repairing or renting
vehicles;
(g) The parking group requirements can be met-[8]; and
(h) Signage for a single-family home location shall be limited to one nonilluminated wall
mounted sign not to exceed four (4) square feet in area.
(3) Miniwarehouse facilities provided that:
(a) The entire perimeter be enclosed by a security fence.
(b) All outdoor lighting for the facility utilize cut off luminaries.
(c) All vehicle access and staging areas be paved.
(d) Screening of at least six foot (6') in height shall be placed along the property line
between the miniwarehouse facility and all adjacent residential property.
(e) The parking group requirements can be met [47].
(E) Temporary Uses: The following uses shall be permitted as temporary uses in the C-3 district:
(1) Any use listed as a permitted use within the district of a limited duration as established in
section 2-5.3 and as defined in section 8 of this ordinance.
(F) Bulk Regulations:
Group daycare centers:
Lot area: Five thousand (5,000) square feet.
Lot frontage: Fifty feet (50').
Lot coverage: Fifty percent (50%) oflot area.
All other permitted and conditional uses:
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 5T AFF REPORT
Zoning Agenda: June 1, 2005
Property Address: 4310 Asbury Road
Property Owner: Kevin and Nancy Conlon
Applicant: Kevin and Nancy Conlon
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 - R-1
South - C-3
West - C-3
Former Zoning:
1934 - County; 1975 - County; 1985 - AG Total Area: 2.3 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 access to 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.
Rezoning Staff Report - 4310 Asbury Rd.
Page 2
Adjacent Properties: The adjacent properties will be most impacted by the
development of this parcel by an increase in the volume of traffic on surrounding
streets.
CIP Investments: None proposed.
Staff Analysis: The applicant is requesting rezoning of the subject from AG
Agricultural to C-3 General Commercial. The property is an irregular shaped parcel
located approximately 900 feet east of the intersection of the Northwest Arterial and
Asbury Road. The subject property encompasses approximately 2.3 acres and is
currently developed as a single-family home. Resurrection Church is located
immediately east of the subject parcel.
The requested rezoning is to C-3 General Commercial. The'surrounding property on
the north, south and west sides was rezoned to C-3 General Commercial in March
2004. The property across Asbury Road to the south is currently zoned Planned
Commercial. The Comprehensive Plan Land Use Map designates the subject property
for multi-family residential. Access to the property is from Asbury Road.
Planning staff recommends the Zoning Advisory Commission review the criteria for
granting a rezoning request contained in Section 6-1.1 of the Zoning Ordinance.
Prepared by: -:p";1 ~
Reviewed: PIA
Date: ~-2q-O S