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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