Request to Rezone 16th Street and Kerper Blvd.Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Rezoning of City Property at 16th Street & Kerper Boulevard
DATE: July 2, 2012
Dubuque
bierd
All-America City
1
2007
At the June 18, 2012 City Council meeting, a public hearing was held and a vote was
taken on the request to rezone City property at the southwest corner of 16th Street and
Kerper Boulevard. The vote was taken on a resolution, however, a rezoning must be
approved by ordinance, which requires a different motion.
Planning Services Manager Laura Carstens recommends City Council approval of an
ordinance approving the rezoning of City property at 16th Street and Kerper Boulevard.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
dbt)144
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Laura Carstens, Planning Services Manager
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager
Rezoning of City Property at 16th Street & Kerper Blvd.
DATE: June 29, 2012
Dubuque
AII•AmeneaCity
'1111'
2007
At the June 18, 2012 City Council meeting, a public hearing was held and a vote was
taken on the enclosed request to rezone City property at the southwest corner of 16th
Street & Kerper Blvd. The vote was taken on a resolution, however, and rezoning must
be approved by ordinance, which requires a different motion.
The Rezoning of City Property at 16th Street & Kerper Blvd. has been placed on the
July 16, 2012 action agenda for the City Council's consideration of an ordinance.
Since the public hearing was held, it does not need to be re- opened.
I recommend that the City Council approve the request, as recommended by staff and
the Zoning Advisory Commission.
Enclosures
cc: David Heiar, Economic Development Director
F: \USERS \LCARSTEN \WP \COUNCIL \Staff Memo 16th & Kerper Rez.doc
1
Planning Services Department
City Hall
50 West 13«' 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 Dubuque
DUBE All.Amedca City
Masterpiece on the Mississippi 11 1 1 1
2007
June 11,2012
Applicant: City of Dubuque
Location: Southwest Corner of 16th Street and Kerper Boulevard
Description: To rezone property from POS Public Open Space 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
Planning Staff Member Kyle Kritz spoke in favor of the request, reviewing past zoning of
the parcel, surrounding zoning and land use. He noted that the City is analyzing future
improvements to the 16th Street Corridor to address higher traffic volumes in the future.
There were no public comments.
The Zoning Advisory Commission discussed the request, and reviewed open space/
bike trails in the vicinity and as part of the Bee Branch Creek Restoration Project.
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,
ko6 A.
Charles Miller, Chairperson
Zoning Advisory Commission
Enclosures
cc: David Heiar, Economic Development Director
Service
People
Integrity Responsibility Innovation Teamwork
THE CITY OF
DUB
E
Masterpiece on the Mississippi
❑ Variance
❑Conditional Use Permit
['Appeal
['Special Exception
❑Limited Setback Waiver
® Rezoning /PUD
Dubuque
'111J'
2007
PLANNING APPLICATION FORM
['Preliminary Plat
['Major Final Plat
DMinor Final Plat
❑Simple Site Plan
❑Minor Site Plan
['Major Site Plan
Please type or print legibly in ink
Property owner(s): City of Dubuque
Address: 50 W. 13th Street
['Simple Subdivision
['Text Amendment
['Temporary Use Permit
['Annexation
['Historic Revolving Loan
❑Historic Housing Grant
Fax #: 563- 589 -4221
Applicant /Agent: Same
Address:
Fax #:
City: Dubuque
City of Dubuque
Planning Services Department
Dubuque, IA 52001 -4805
Phone: 563- 589 -4210
Fax: 563- 589 -4221
planning a@cityofdubuque.orq
['Certificate of Appropriateness
❑Advisory Design Review (Public Projects)
['Certificate of Economic Non - Viability
['Historic Designation
['Demolition in Conservation Districts
❑Port of Dubuque Design Review
Phone: 563- 589 -4210
State: IA Zip: 52001
Cell #: E -mail:
Phone:
City: State: Zip:
Cell #: E -mail:
Site location /address: Neighborhood Association:
Existing zoning: POS Proposed zoning:
C -3
District: N/A Landmark: ❑ Yes ® No
Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): Lot 1 Bee Branch Sub #2
Total property (lot) area (square feet or acres): Approximately 9 acres
Describe proposal and reason necessary (attach a letter of explanation, if needed): To rezone property from POS Public Open
Space to C -3 General Commercial District.
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 v�rl'tten and graphic materials are attached.
Property Owner(s):
Date /(-1)VA
Applicant /Agent: Date:
FOR OFFICE USE ONLY — APPLICATION SUBMITTAL CHECKLIST
Fee: N/A Received by:
Date: / - // Docket:
12/14/11
Base Data Provided by Dubuque County C3IS
THE CITY OF *
DUB E Dubuque
man
Masterpiece on the Mississippi
11 ll��
2007
Vicinity Map
Applicant: City of Dubuque
Location: Southwest Corner of 16th
Street & Kerper Boulevard
Description: To rezone property from
POS Public Open Space to C -3
General Commercial District.
Legend
Proposed Area to be Rezoned
® Zoning
ratn: H:1Plannmg Services \vicinity Maps\GAC Vicinity Maps\projects \Rezoning at 16th & Kerper (Detention Basin) 05_08_12.mxd
REZONING STAFF REPORT Zoning Agenda: June 6, 2012
Property Address:
Property Owner:
Applicant:
Southwest corner of 16th Street and Kerper Boulevard
City of Dubuque
City of Dubuque
Proposed Land Use: Commercial
Existing Land Use: Vacant
Adjacent Land Use:
Former Zoning:
North — Commercial
East — River
South — Detention basin
West — Vacant
1934 — HI
1975 — HI
1985 — HI
Proposed Zoning: C -3
Existing Zoning: POS
Adjacent Zoning: North — C -3
East— HI
South — POS
West— HI
Total Area: Approx. 9 acres
Property History: The property has been part of the 16th Street Detention Basin since
the construction of the City's levee along the riverfront in 1968 -71. The property was
rezoned from HI Heavy Industrial to Public Open Space in 1993 as part of a series of
rezonings undertaken to implement the Freeway Corridor Plan. As part of the Bee
Branch Creek Restoration Project, material was excavated from the 16th Street
Detention Basin and deposited in the subject area to create developable property.
Physical Characteristics: The subject property is approximately nine acres in size and
located at the southwest corner of the intersection of 16th Street and Kerper Boulevard.
The property is level, and is adjacent to the 16th Street Detention Basin.
Concurrence with Comprehensive Plan: The 2030 Future Land Use Map of the
Comprehensive Plan designated the area as part of the Mississippi River floodplain.
Adjacent property is planned, used, and zoned for a combination of commercial and
industrial land use.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site.
Traffic Patterns /Counts: Based on 2009 IDOT counts, Kerper Boulevard carries
7,400 Average Daily Trips north of 16th Street and 2,310 Average Daily Trips south
of 16th Street. 16th Street carries 6,800 Average Daily Trips.
Rezoning Staff Report — 16th & Kerper Boulevard Page 2
Public Services: Existing public services are adequate to serve the property.
Environment: Staff does not anticipate any adverse impact to the environment
provided that adequate erosion control is provided during all phases of
development of this site.
Adjacent Properties: The subject property is surrounded primarily by commercial
development or vacant commercially -zoned property. The development of
additional commercial uses should have little impact on existing uses or future
development of adjacent properties.
CIP Investments: The subject parcel was created as part of the Bee Branch Creek
Restoration Project.
Staff Analysis: The City of Dubuque is requesting rezoning of the subject property at
the southwest corner of 16th Street and Kerper Boulevard from POS Public Open Space
to C -3 General Commercial District. The property was formerly part of the 16th Street
Detention Basin but as part of the Bee Branch Creek Restoration Project, material from
the detention basin was excavated, dewatered and compacted in this area to create the
nine acre site.
The City of Dubuque intends to lease the property for commercial businesses. City
water and sewer are available along 16th Street to the site. In addition, there is a 20-
inch water main running along Kerper Boulevard.
The subject property is in an area developed for commercial and industrial uses.
Directly across the street is an existing Wendy's Restaurant and BP gas station, with
the former Dubuque Pack site to the west. Pyatigorsk Park is located at the northeast
corner of the intersection of 16th Street and Kerper Boulevard.
In general, the development of this parcel for commercial uses will generate additional
traffic on 16th Street. City Engineering is in the process of evaluating 16th Street, and
working with the developer of the former Dubuque Pack site to coordinate
improvements to the 16th Street Corridor. The study included looking at the
intersections along it from Elm Street to Admiral Sheehy Drive to identify appropriate
improvements in the future to accommodate increased vehicle trips.
Staff recommends the Commission review the criteria established in Section 9 -5 of the
Unified Development Code regarding reclassification of the property.
Prepared by: k 1 �- ,1-Tll
Z Reviewed: Date: 05-P- l-2--
200cr roor Track C.wfs
STATE OF WISCONSIN
STATE OF ILLINOIS
7
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
Bulls Regulations
C3 General Commercial
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.
Min Lot Min Lot i Max Lot
Area Frontage Coverage
(square (%9 lot
feet) (feet) area)
Setbacks
Front; ( feet)
Max
MinlRear2
Max
Height
(feet)
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. 44 -12
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT THE SOUTHWEST CORNER OF 16TH STREET
AND KERPER BOULEVARD FROM POS PUBLIC OPEN SPACE 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 POS Public Open Space District to C -3 General Commercial District, to wit:
North 375 feet of Lot 1 Bee Branch Subdivision No. 2, Balance of Lot 1 Block 2
Dubuque Packing Company Lots 444, 445, 446, Balance of Lot 447, Part of Lot 448,
Balance Lots 471 & 472 and all of Lot 437 East Dubuque Addition, Lot 2, Sub Lot
587 East Dubuque Addition, 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 16th day of July,
Attest:
Kevin
F'irnstahl, Ci
y
Cler
Roy D. B61, Mayor
2012.
OFFICIAL •
PUBLICATION
ORDINANCE NO. 44-12
AN ORDINANCE
AMENDING TITLE 16
OF THE CITY OF
DUBUQUE CODE OF
ORDINANCES, UNI-
FIED
DEVELOPMENT
CODE, BY RECLASS-
IFYING HEREINAFTER
DESCRIBED PROPER-
TY LOCATED AT THE
SOUTHWEST CORNER
OF 16TH STREET AND
KERPER BOULEVARD
FROM POS PUBLIC
OPEN SPACE DIS-
TRICT TO C -3
GENERAL COMMER-
CIAL 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 POS
Public Open Space
District to C-3 General
Commercial District, to
wit:
North 375 feet of Lot 1
Bee Branch Subdivision
No. 2, Balance of Lot 1
Block 2 Dubuque
Packing Company Lots
444, 445, 446, Balance
of Lot 447, Part of Lot
448, Balance Lots 471 &
472 and all of Lot 437
East Dubuque Addition,
Lot 2, Sub Lot 587 East
Dubuque Addition, 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 publi-
cation, as provided by
law.
Passed, approved and
adopted this 16th day
of July, 2012.
/s /Roy D. Buol, Mayor
Attest /s /Kevin S.
Firnstahl, City Clerk
Published officially in
the Telegraph Herald
newspaper on the 20th
day of July, 2012.
/s /Kevin S. Firnstahl,
City Clerk
It 7/20
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: July 20, 2012, and for which the charge is $16.96.
a,Pd„
Subscribed to before me, . otary Public in and for Dubuque County, Iowa,
this day of �s , 20 Af--- .
Notary Public in and for Dubuque County, Iowa.
MARY K. WESTERMEYER
Commission Number 154685 y�
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 6:30 p.m.
on Monday, June 18,
2012, in the Historic
Federal Building, 350
West 6th Street, on the
following:
Rezoning
Request by the City of
Dubuque to rezone
property lopated at the
. southwest corner of
16th Street and Kerper
Boulevard from POS
Public Open space to C-
- 3 General Commercial
District
Planned Unit Devel-
opment Amendment
Request from Peter
Arling, O'Connor &
Thomas, P.C. / Asbury
Dubuque, LC / Richard-
son Investments, LLC
to amend the Planned
Unit Development
(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 TDY (563)
690 -6678 at least 48
hours prior to the
meeting.
Kevin 5. Firnstahl
City Clerk
it 6/8
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: June 08, 2012, and for which the charge is $21.53.
Subscribed to before m
this X' day of
I �
otary Public in and for Dubuque County, Iowa.
otary Public in and for Dubuque County, Iowa,
,20 /x— .
MARY K. WESTERME`'ER
tP Commission Number 154
FEP. 1 204 c