Pennyslvania Ave 3939 Property Reclassification
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Prepared by: laura Carstens. City Planner Address: City Hall. 50 W. 13th Street Telephone: 589-4210
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ORDINANCE NO. 13 -99
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES, BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED ADJACENT TO 3939 PENNSYLVANIA AVENUE
FROM R-1 SINGLE-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 Appendix A (the Zoning Ordinance) of the City of Dubuque Code
of Ordinances is hereby amended by reclassifying the hereinafter described property from
R-1 Single-Family Residential District to C-3 General Commercial District, to wit:
The west 180 feet of Lot 2 of Lot 2 of Lot 1 of Byrne's Subdivision, and to
the center line 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.
Passed, approved and adopted this 1st day of March
, 1999.
Attest:
~
Mary A avis, City Clerk
bancshare.ord
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DUBL~E
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rl~nnlng ~er':lces iJivision
Citv Hall. : _,~~ .:;. C~n[rai Avenue
DubuQue. iowa 51001
(.119) 559-';::0
PLANNING APPLICATION FORM
Zoning Board ot Adjustment
Variance
Cone:tional Use Permit
Appeal
Spec:ei Exception
Umited Setback Waiver
Zoning Commission
1L Rezoning
_ Planned District
_ Preliminary Plat
_ Minor Final Plat
- Text/Plan Amendment
Development Services
- Simple Site Plen
- Minor Site Plen
_ Major Site Plan
_ Major Final Plat
PLEASE TYPE OR PRINT LEGIBLY IN INK
Property Owner(s): ~ Aasarblies of G:d
Address: 3939 R:nnsy1vania Avent..E City: D.:h.q..l2
Telephone: (319) S82-042.l
State: Io...a Zip: 5XD2
Applicant/Agenr: East D.:h.q..l2 ~ Telephone: (815) 747-3173
Address: 242 Wall StrBet City: East D.:b..q..E State: IL Zip: 61025
Prqaty cdjacent to
Site Location/Address: 3939 FEmsylvania Averll..E, D..:b..q.E, Io...a 52002
aing Zoning:
Rl
Proposed Zoning:
C3
Legel Description (metes and bounds. or lot number/block number/subdivision):
'llE VilesEetly 100 feet of J:Dt 2 of LDt 2 of rot 1 of ~ s..t.divisioo am the W=.st.ec1y 100 feet of Lot 1 of
rot 1 of LDt 2 of Byrnes s..t.divisioo 1~ Nxth of Ferlnsy1vania Averll..E, in the City of D.:h.q..l2, Io..a.
Totel Property (lot) Area (Sq. Feet or Acres):
Number of lots; 2
Describe proposal and reason necessary (attach letter of explanation if needed):
'llE='( a.nec:antic~tes: SLtxlivisioo ofit's~y~~f sarce to afP-licant for the d:!velcprmt
of a W1.th dcive-q:> lities am ofhce bliIain:3.
CERTIFICATION: I/we. the undersigned. do hereby certify that:
1) The information submitted herein is true and correct to the best of my/our knowledge and
upon submittel becomes a public record;
2) Fees ere not refundable and payme t does not guarantee approval; and
3) All eccrrionel required wr" en raphic materiels ere attached.
Property Owner(s):
?ppiiccnt I i\gem:
Rev.
Dete:
DeTe:
12/:l'I /93
12/~ /93
FOR OFFICE
.: "'3dD-cJO Rece.ived by:
dopeny O\.vnersnlo L:st:
Conceptuel Ceve!q:ment Plan:
LY - A PLICATION SUBMITTAL CHECKLISi
Date: L z( '$A('L<;::> Doc~ei: ~~ fle,
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S; elan: Ficcr Plen:
mcroveiL.em Pier.s: Other:
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3939 Pennsylvania Avenue
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I~)~}~ Area to be rezoned
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Assembly of God
Church
Applicant: East Dubuque Bancsharesl
Dubuque Assemblies of God
Location: Adjacent to 3939 Pennsylvania
Avenue
Proposal: To rezone from R-1
Single-Family Residential District
to C-3 General Commercial District.
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REZONING STAFF REPORT
Zoning Agenda: 2/4/99
Property Address:
3939 Pennsylvania Avenue
Property Owner:
Dubuque Assembly of God Church
Applicant:
East Dubuque Bancshares
Proposed Land Use: Commercial
Proposed Zoning: C-3
Existing land Use: Vacant
Existing Zoning: R-1
Adjacent Land Use: N--Residential: E--Residential: S--Residential: W--Commercial
Adjacent Zoning: N--R-1: E--R-1: S--R-1: W--C-2
Former Zoning:
1934 NA 1975 R-3 1985 R-1
Total Area: 1.35 acres
Property History: The subject parcel was rezoned as part of the 1985
comprehensive rezoning of the City of Dubuque, from R-3 Moderate Density Multi-
Family Residential District to R-1 Single-Family Residential District. A request to
rezone this property to C-3 in 1996 was denied by the City Council.
Physical Characteristics: The subject parcel proposed for rezoning is the west 180
feet of lot 2 of 2 of 1 of Byrne's Subdivision. The parcel has approximately 313
feet of frontage on the east right-of-way line of the Northwest Arterial (Highway
32) and 180 feet of frontage on Pennsylvania Avenue. The parcel generally slopes
away from Pennsylvania Avenue and toward the north. The Dubuque Assembly of
God Church is located just east of this property with a city park proposed to the
north.
Concurrence with Comprehensive Plan: 1965 Gruen Plan--public buildings. 1990
DMA TS Plan--Future Residential. 1995 Comprehensive Plan-- This area was not
included as part of the plan.
Impact of Request on:
Utilities: Existing utilities are adequate to serve this site.
Traffic Patterns/Counts: The Northwest Arterial (Highway 32) is rated as a
major arterial and the 1996 traffic count is 8,300 ADT north of Pennsylvania
REZONING STAFF REPORT
Page 2
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Avenue and 13,500 south of Pennsylvania Avenue. Pennsylvania Avenue is
rated as a minor arterial, and 1996 traffic counts equal 11,000 ADT east of
the Northwest Arterial and 9,900 west of the Northwest Arterial.
Public Services: Existing public services are adequate to serve the site.
Environment: Staff do not anticipate any adverse impacts to the environment
provided adequate erosion control measures are followed during construction
on the subject site.
Adjacent Properties: The adjacent property primarily is zoned for single-family
residential. The property immediately east of the subject site is being used as a
church and the property to the north and east of the church will become a city
park in the near future.
CIP Investments: None other than the proposed city park.
. Staff Analysis: The requested rezoning is from R-1 Single-Family Residential
District to C-3 General Commercial District. The applicants would like to develop
the property as a bank with drive-up facilities and an office building. The subject
property is the west 180 feet of Lot 2 of 2 of 1 of Byrne's Subdivision. The parcel
is approximately 1.35 acres is size, and has 180 feet of frontage on Pennsylvania
Avenue and 313 feet of frontage on the Northwest Arterial.
Currently, the proposed area to be rezoned is a portion of the property owned by
the Dubuque Assembly of God Church. The property immediately north of the
subject parcel has been dedicated to the City of Dubuque for use as a public park.
The surrounding zoning is as follows: southeast corner--R-1; southwest corner--PC;
northeast corner--C-2.
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Access from the subject parcel to the Northwest Arterial will be prohibited because
it cannot meet the 1 ,OOO-foot separation required by the IDOT and Section 41-34
of the City of Dubuque Municipal Code. Access to Pennsylvania Avenue is subject
to review and approval by the City Engineering Division. Previous rezoning requests
along the Northwest Arterial have been conditioned on a minimum setback from the
right-of-way. In 1992, a parcel at the northwest corner of the Northwest Arterial
and Pennsylvania Avenue was rezoned from R-3 Moderate Density Multi-Family
Residential to C-2 Neighborhood Shopping Center District with the following
conditions: 1) that there be a 100-foot building setback requirement along the
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REZONING STAFF REPORT
Page 3
easterly boundary of the property; 2) that access to the site be from Pennsylvania
Avenue only; and 3) that access from Pennsylvania Avenue shall be located not
less than 225 feet from the eastern property line along the Northwest Arterial.
In 1991, a rezoning at the northwest corner of Asbury Road and the Northwest
Arterial from AG Agricultural District to C-3 General Commercial District was
approved with the following conditions: 1) that access to the site shall be from
Asbury Road only; 2) that a commercial subdivision be approved prior to the start
of construction; 3) that any new construction be set back at least 50 feet from the
property line along the Northwest Arterial and Asbury Road; and 4) that access
from Asbury Road be located not less than 291 feet from the east property line
along the Northwest Arterial. The subject parcel was subsequently included in the
rezoning for the Asbury Plaza Shopping Center proposed by Wendell Corey in
January of 1996.
Jurisdiction of the Northwest Arterial has been transferred to the Iowa Department
of Transportation and is designated as Highway 32. The IDOT establishes a
minimum spacing for driveway accesses from state highways of 150 feet as
measured from the edge of the travel lane. Public Works Director Mike Koch has
indicated in the past that the requested area to be rezoned is outside the 1 50-foot
spacing requirement. Any proposed curb cuts will, however, be reviewed by the
City Engineering.
In 1996, a request to rezone this property to C-3 was denied by both the Zoning
Advisory Commission and the City Council. Issues discussed at that time included
concerns with generating additional traffic on Pennsylvania Avenue and the location
of the access to this property. A combined access for the church, city park and the
commercial use was discussed but never designed. A petition from neighboring
property owners was submitted which expressed opposition to the commercial
zoning request.
Staff recommend that the Commission review Section 6-1 .1 of the Zoning
Ordinance which outlines the standards for granting a rezoning request.
Prepared
Reviewed: 1;:/ ~ Date: I-t~-<t?
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DUB~
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Planning Services Department
50 West 13th Street
Dubuque, Iowa 52001-4864
February 10, 1999
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque, IA 52001
RE: Rezoning - R-1 Single-Family Residential District to C-3 General Commercial
District
Adjacent to and West of 3939 Pennsylvania Avenue
East Dubuque Bancshares
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 presenting a preliminary design of the building
and the site layout. The proposal included a bank with drive-up service and an office
building. One neighbor spoke in favor of the request.
Staff reviewed the request, noting the location of the proposed curb cut and City
Engineering's analysis of the curb cut location. They also reviewed previously approved
rezoning requests in the area that included specific conditions relating to the setback of
buildings and a curb cut.
The Zoning Advisory Commission discussed the request noting that a commercial use of
the property is appropriate as opposed to residential, that access is a concern and the
setback from the Northwest Arterial was discussed. The Commission reviewed that the
City Council had denied a C-3 rezoning request for this property, when a different
commercial use had been proposed at this site. Commissioners noted that they had
recommended denial because C-3 would have created an inappropriate spot zone.
Commissioners also noted that all uses in C-3 had to be considered, not just the bank
proposal.
In addition, the Commission discussed that signs would be allowed according to C-3
regulations, which was up to 300 square feet in size and 40 feet in height for on-premise
signs, and up to 750 square feet in size and 50 feet in height for off-premise signs, which
was greater than the signage permitted for any other property along the Northwest Arterial.
Service
People
Teilll1Work
Integrity
Responsibility
Innovation
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The Honorable Mayor and City Council Members
February 10, 1999
Page 2
The Commission also debated whether the curb cut and building setbacks established for
other commercial sites along the Northwest Arterial should be established for the subject
property. They reviewed the traffic improvements made to the intersection of the
Northwest Arterial and Pennsylvania Avenue in the last two years.
In response to questions from Commissioners, staff reviewed that the bank with drive-up
service would be a conditional use in the C-2 Neighborhood Shopping Center District.
Staff also reviewed the history of the limited signs along the Northwest arterial, and the
setbacks established for the C-2 zone across the arterial from the subject property.
Recommendation
By a vote of 7 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,
\ S~/~
J~es. Chairperson
City Zoning Advisory Commission
Attachments
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CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
Notice is hereby given that the Dubuque City Council will conduct a public hearing on
Monday, March 1, 1999 at a meeting to commence at 7:00 p.m. in the Public Library
Auditorium for the purpose to consider an Ordinance amending the Zoning Map by
reclassifying property located adjacent to 3939 Pennsylvania Avenue from R-1 Single-
Family Residential District to C-3 General Commercial District. (Copy of supporting
documents are on file in the City Clerk's Office and may be viewed during normal
working hours)
Written comments regarding above reclassification may be submitted to the City Clerk
on or before time of public hearing.
At said time and place of public hearing, all interested citizens and parties will be given
an opportunity to be heard for or against said reclassification.
Any visual or hearing impaired persons needing special assistance or persons with
special accessibility needs should contact the City Clerk's Office at (319) 589-4120 or
TDD (319) 589-4193 in the Human Rights Department at least 48 hours prior to the
meeting.
Published by order of the City Council given on the 15th day of February, 1999.
Mary A. Davis CMC
City Clerk
It 2/19
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CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
Notice is hereby given that the Dubuque City Council will conduct a public hearing on
Monday, March 1, 1999 at a meeting to commence at 7:00 p.m. in the Public Library
Auditorium for the purpose to consider an Ordinance amending the Zoning Map by
reclassifying property located adjacent to.a839Penn&ylvaniaA~ from R-1 Single-
Family Residential District to C-3 General Commercial District. (Copy of supporting
documents are on file in the City Clerk's Office and may be viewed during normal
working hours)
Written comments regarding above reclassification may be submitted to the City Clerk
on or before time of public hearing.
At said time and place of public hearing, all interested citizens and parties will be given
an opportunity to be heard for or against said reclassification.
.
Any visual or hearing impaired persons needing special assistance or persons with
special accessibility needs should contact the City Clerk's Office at (319) 589-4120 or
TDD (319) 589-4193 in the Human Rights Department at least 48 hours prior to the
meeting.
Published by order of the City Council given on the 15th day of February, 1999.
Mary A. Davis CMC
City Clerk
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FEB-15-99 MaN 02.: 28 PM
TELEGRAPH HERALD
FAX NO. 3195885782
P, 03
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CITY OF DUBUQUE. IOWA
OFPICIAL NOTICE
Notice is hereby given that !;035/'i
.,. . the Dubuque City Council will
..' ...... :. conduct a publIc he:lring on
, " ,;':.::::: . . ~~ . :~.~' \
. .... . '. .~,::' Monday, March " 1999 at ,
::.:.~. ',. .' . '..;"" meeting to COlTlmenC8 at 7:00
'" '. p.m. in the Public Library
":,'~'.' . ... . . ....: ';: .... Auditorium for the purpos8 to
, ',=..' considar an Ordinance
" alYlet'\dln~ the Zoning Map by
r/!cla&:solfy ng ~PQr1Y locat$d
adjacent to 3 Pennsylvania
Avenue from R-' Single-
Family Residential District to
C-3 General Commercial
District. (Copy of supporting
docurnenlS arG on tilt in the
City Clerk's OffiCI and ma~ bQ
viewed during normal wor Ing
/'lourc)
Written comments regarding
above r"cJasslllcation m.~ be
submitted to the City Cler on
or before time of pUblic hear-
11\'
. I said time and place of
public hearing, all interested
citizelns 2IIld parties will be
~iven an opportunity to be
aard for or Igainst said re-
clBSsiflcation.
Any visual or hearing im-
paired ~l'!Ons needIng spe-
cial assIstance or ~ersons with
special aoce~ibili~ needs
should contact the C ty Clerk's
Office at (319) 589-4120 or
TOO (319) 589-4193 In the
Human Rights Department at
least 48 hours prior to the
meelirn;
. ~ .... .;.('. .' Publis ed by order of the City
-"fl " ", Council given on the 15th day
~. ~~, of February, 1999.
.'" Mary A. Davis CMC
,,' City Clerk
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