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Request to Rezone_890 Cedar Cross Road_GeorgePlanning Services Department City Hall 50 West 13t1 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 THE CITY OF i ♦ Dubuque DUB E ARAmetIcaCily Masterpiece on the Mississippi 111111 2007 May 9, 2012 Applicant: Catherine George Location: 890 Cedar Cross Road Description: To rezone property from CS Commercial Service & Wholesale 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 previous use of the site and that the property is currently for sale. Staff reviewed the staff report, noting surrounding zoning and land use, and that several parcels have been rezoned to C -3 General Commercial in recent years. Staff discussed traffic volumes, planned capital improvements and site configuration. There were no public comments. The Zoning Advisory Commission discussed the request, reviewing the location of other C -3 zoned parcels and traffic counts along Cedar Cross Road, and felt it is appropriate. Recommendation By a vote of 5 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, ke.6 A bt/j-- Charlie Miller, Chairperson Zoning Advisory Commission Attachments Service People Integrity Responsibility Innovation Teamwork 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. 34 -12 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 890 CEDAR CROSS ROAD FROM CS COMMERCIAL SERVICE AND WHOLESALE 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 CS Commercial Service and Wholesale District to C -3 General Commercial District, to wit: Lot 2 of 1 of 3 Hansel's Addition and Lot 1, Block 1 Cedar Cross Industrial Park, 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 21st day of May -- Attest Trish L. Gleason, Assistant City Clerk 2012. Roy . Bur Mayor OFFICIAL PUBLICATION ORDINANCE NO. 34-12 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLAS- SIFYING HEREINAF- TER DESCRIBED PROPERTY LOCATED AT 890 CEDAR CROSS ROAD FROM CS COMMERCIAL SER- VICE AND WHOLE- SALE DISTRICT TO C- 3 GENERAL COM- MERCIAL 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 CS Commercial Service and Wholesale Dislritl to C -3 General Commercial District, to wit: Lot 2 of 1 of 3 Hansel's Addition and Lot 1, Block 1 Cedar Cross Industrial Park, and to the centerline of the adjoining pubhic 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 publi- cation, as provided by law. Passed, approved and adopted this 21st day of May, 2012. /s /Roy b. Buol, Mayor Attest /s/Trish L. Gleason, Assistant City Clerk Published officially, in the Telegraph Herald newspaper on the 25th day of May, 2012. /s/Trish L. Gleason, Assistant City Clerk It 5/25 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: May 25, 2012, and for which the charge is $15.11. Subscribed to before , Notary Public in and for Dubuque County, Iowa, this .f., day of 20,/, otary Public in and for Dub • que County, Iowa. MARY K WES7'ERMEYCR Commission Numbor 154885 l t "lSa" r 644 11 -IE CITY ON DUB Dubuque WWI E Masterpiece on the Mississippi 2007 ❑Variance ['Conditional Use Permit ❑Appeal ['Special Exception ❑Limited Setback Waiver 'rezoning /PUD PLANNING APPLICATION FORM ['Preliminary Plat ['Major Final Plat ['Minor Final Plat ❑Simple Site Plan ['Minor Site Plan ['Major Site Plan ❑Simple Subdivision DText Amendment ❑Terhporary Use Permit ❑Annexation ['Historic Revolving Loan ['Historic Housing Grant Planning Services Department City Hall — 50 W. 13th Street Dubuque, IA 52001 -4864 Phone: 563 - 589 -4210 Fax: 563 - 589 -4221 planningCa cityofdubuoue.orq ❑Certificate of Appropriateness DAdvisory Design Review (Public Projects) ['Certificate of Economic Non - Viability ❑Historic Designation ['Demolition in Conservation District Port of Dubuque Design Review Please type or print legibly in ink Propeowner(s): . ��`f h P R P Lk eoi) M e 6 2 (I e_ Phone: 5% .3 g Ci V Address: l 0 C `( (tie Ce 0 SS ¢City: D c{ u Q �ti e State: " 6l Zip: 00-3 Fax #: I Cell #: `� (03-- S'/?'O' 8' S37 E -mail: Applicant /Agent: C C{ )1 eYi' i r e LK >M 6 eo K y e Phone: Address: 5- W o 0 cf'Q k 4 euj I City: 1D U 1"J It (,L f State: J.— Zip:5: -2 OQ3 Fax #: Cell #: 5(n, 3 5S0- s31 E -mail: Site location /address: g `/ 6 Cecf4r( C(OSS k Neighborhood Association Existing zoning: C- ..S Proposed zoning: District: il.4 Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): Total property (lot) area (square feet or acres): ' 1 L� Lt�IE -S Landmark: ❑Yes No rsz 61(0 Describe proposal and reason necessary (attach a letter of explanation, if needed): 'r® M0.-0 I•-►t� '�° -Co r I L — 54 L S 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 pubiic 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): C.. q l A p re I tl e C/< r� y) / 6 e 0legate: Applicant /Agent(s): Date: FOR OFFICE USE ONLY Fee: 5 b Received by: (5tic1 Dater 11Zeeket: '�- ,C,°� `: /17 7, /// -- ' 697A-el ,442a1 cedie-ey. .,2 t? , �� iz �iCcfvl � raW -Aticw /4-62)-6-1 , ,7`-gr?)--11-te -AV-ity,-71,0;ti (2,471-dita9( e.-6taLee Cidat, G .1iv l> l -a,�/�_- zel 1, Seer a cn4 r t 4 gen IILLetiAl -Py�Pp U" sue 764e> , u,zeitt 35 . ��323 3233„3 4233233 32233 " 3293,320'33203 : - 32233203323 , 33233r 3264- ,3268 3288 328 3260 3280 4 32143 32 1432. 4 e, 3158 R -1 1.01:5;' CS ...✓ 1025., 06(1 Base Data Provided by Dubuque County GIS N Li Dubuque lailmerIca cro '111.` 2007 Masterpiece on the Mississippi Vicinity Map Applicant: Catherine George Location: 890 Cedar Cross Road Description: To rezone property from CS Commercial Service & Wholesale District to C -3 General Commercial District. Legend 890 Cedar Cross Road Zoning City Limits Path: H:1Planning Services\Vicinity Maps\ZAC Vicinity Maps1projects1890 Cedar Cross Road Rezoning 03_16_12.mxd REZONING STAFF REPORT Zoning Agenda: May 2, 2012 Property Address: 890 Cedar Cross Road Property Owner: Catherine George Applicant: Catherine George Proposed Land Use: Commercial Proposed Zoning: C -3 Existing Land Use: Commercial Existing Zoning: CS Adjacent Land Use: North — Commercial Adjacent Zoning: North — CS East — Commercial East — CS South — Commercial South — CS /AG West - Commercial West — CS Former Zoning: 1934 — County; 1975 — C -7; 1985 — CS Total Area: 1.1 acres Property History: The property was under cultivation until shortly before it was annexed to the City in 1979. It was subsequently developed for a contractor shop and commercial show room. A commercial building was constructed on the property in 1987 and an additional commercial building was added in 1990. Physical Characteristics: The property is an approximately 1 acre parcel located at the intersection of Cedar Cross Road and Cedar Cross Court that accommodates three steel commercial contractor's buildings. The property has access onto both Cedar Cross Road and Cedar Cross Court, with paved parking located in front of all three buildings. Concurrence with Comprehensive Plan: The Comprehensive Plan makes no recommendations for this area. Impact of Request on: Utilities: Existing utilities are adequate to serve the site. Traffic Patterns /Counts: The Iowa Department of Transportation 2009 Average Daily Traffic counts indicate 9,700 vehicle trips per day along Cedar Cross Road north of the subject property and 10,500 vehicle trips per day along Cedar Cross Road south of the subject property. Traffic from the site will flow east and west along Cedar Cross Road. Public Services: Existing public services are adequate to serve the site. Rezoning Staff Report — 890 Cedar Cross Road Page 2 Environment: Staff does not anticipate any adverse impact to the environment as the site is currently almost fully developed. Adjacent Properties: The subject parcel is surrounded primarily by commercial development and the proposed rezoning and additional commercial uses should have little impact on the use or value of adjacent properties. CIP Investments: Improvements to Cedar Cross Road that may affect this property are programmed in the City's Five -Year Capital Improvement Plan; however, rezoning this property should have limited impact on said investments, Staff Analysis: The applicant is proposing to rezone an approximately 1 acre parcel from CS Commercial Service and Wholesale District to C -3 General Commercial zoning district. There are three existing commercial buildings on this site. The first building, located at the corner of Cedar Cross Road and Cedar Cross Court, serves as an office /contractor shop and showroom. The other two commercial buildings behind serve as contractor's shops. There are 7 paved off - street parking spaces located directly in front of the main building with 25 additional parking spaces located behind the main building alongside and in front of the other two contractor's buildings. There is little room for additional development on this site. The applicant's intent is to utilize the main building for retail sales and service and to offer more flexibility in the range of uses permitted as the intent is to sell the property. The CS District permits commercial service type uses but does not; however, permit retail sales. The C -3 District also allows medical offices and other general retail uses such as indoor restaurants that are not permitted in the CS District. In general, some C -3 uses at this location may generate additional traffic in excess of the typical CS uses. Cedar Cross Road at this location is a minor arterial. The amount of additional traffic generated by the possible change in use should have very limited impact on the overall traffic in this area, which has been steadily increasing along Cedar Cross Road. There is also some overlap between the uses permitted in the C -3 and CS districts. In general, the adjacent commercial properties should experience little additional impact from potential C -3 commercial activity at this location. Staff recommends that the Commission review the criteria established in Section 9 -5 of the Unified Development Code regarding reclassification of property. Prepared by: Reviewed: f:lusersl kmunson lwplboards- commissionslzaclstaff reports\zac staff reports 2012890 cedar cross road (george) 04_24_12.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 - Min Rear Min Max (feet) (feet) Max Height (feet) '; Licensed Childcare Center, licensed adult day services 5,000 50 50 20 - -- 40 Vehicle Sales 20,000 - -- - -- 20 40 All Other Uses - -- 20 - -- 40 1 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. Planning 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 Catherine George 580 Woodland Ridge Dubuque IA 52003 THE CITY OF DUB Masterpiece on the Mississippi RE: City Council Public Hearing — Rezoning Request Dear Applicant: Dubuque Au-America CilY 11111! 2007 May 4, 2012 The City Council will consider your request to rezone property located at 890 Cedar Cross Road at a public hearing on Monday, May 21, 2012. Please attend this meeting, or send a representative to the meeting in your place to present your request and • answer questions. City Council meetings begin at 6:30 p.m. in the City Council Chamber, 2nd Floor, Historic Federal Building (Post Office), 350 W. 6th Street, Dubuque, Iowa. Please contact the Planning Services Department at (563) 589 -4210 if you need more information or have any questions. Sincerely, Kyle L. Kritz Associate Planner Enclosures cc: Kevin Firnstahl, City Clerk Service People Integrity Responsibility Innovation Teamwork CITY OF DUBUQUE, IOWA - OFFICIAL NOTICE NOTICE is hereby given that the Dubuque City Council will conduct public hear- ings at a Sheeting to commence at 6:30 p.m. on Monday, May 21, 2012, in the Hjstoric Federal Building, 350 West 6th St'eet, on the following: Rezoning ' Request by Catherine George to rezone property located at 890 Cedar Cross Road from CS Commercial Service & Wholesale District to C -3 General Commer- cial District. Request by Robert & Leann McDonald to rezone , located at 399 Eagle Point Drive from R -1 Single -Fami y Resi- dential Di ict to AG Agricultural 'District Copies of ,supporting documents for the public heariings are on file in the City Clerk's Office and may be viewed during normal working houars. 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 visuals 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 TDY (563) . 690 -6678 at least 48 hours prior to the meeting. Kevin S. Firnstahl City Clerk It 5/11 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: May 11, 2012, and for which the charge is $18.22. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this U r , day of t �_. , 20 ( - . NNt'ary Public in and for Dubuque County, Iowa. JANET K. PAPE Commission Number 199659 My Comm. Exp. DEC 11, 2013