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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 ~~~ June 10, 2005 (") 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 ~~~ 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 C-- 3 . . 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: c ('I') 1 I 0 >.0 c to 0 "0 a>__ ~ C. 0 co a. __ ..; o 0.0 Q) co >. 0 L.. .- L.. ..c r 0:: a.L..-- 0 -- en 0 ~ c a> en._ ~ .- 0 +-' co cO co Z ::] o - co Q) ~ .c ~ N co._ co ~ en a> L.. 0 ... <( L.. ::] L.. "U .- C -- a> C 0 0- E Q)"U > ~a (f) Q) .- a> ~ E o c 0 ~ ('I') 'C 0.0 ....r .. 0> o N C <( 0 .- o 0 ~ Q) > -- a..~ c c a <.9 co co 0 <jz 0 +:i 'C <( Q; lliJrn a. co ~ E c 0 a. 0 a>oa> <( ~ oJ:::<.9 ........ r 1 1 ~ I , :- ~} ~JIJ I ':' ~ J ! . : ill 11' o c.. a: c.. 00 D 00 o u c.. d 00 CI " <( 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