Zoning 4855 Old Highway Rd. J. Walbrun
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
THE CITY OF ~~\
DUBC~E
~Yk.~
October 10,2005
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
DubuquelA 52001
RE: Rezoning
Applicant: Joseph Walbrun
Location: 4855 Old Highway Road
Description: To rezone property from R-3 Moderate Density Multi-Family Residential 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 recent commercial construction in close
proximity to his property.
Staff reviewed surrounding zoning and land use, and reviewed the former use of the property
prior to annexation.
There were no public comments.
The Zoning Advisory Commission discussed the request, noting that the rezoning, if approved,
would be between two properties still zoned R-3 Moderate Density Multi-Family Residential.
The Commission discussed whether C-2 would be more appropriate than C-3 zoning, and
expressed concems about the intense commercial development between residential.
Recommendation
By a vote of 3 to 2, the Zoning Advisory Commission recommends that the City Council deny
the request, due to the lack of four (4)'affirmative votes necessary for approval.
A simple majority vote is needed for the City Council to concur with the recommendation to
deny the request. A super majority vote is needed for the City Council to approve the request.
Respectfully submitted,
~ ~/'t18c
Jeff ~i1es, Chairperson
zoning Advisory Commission
Attachments
Service
People
lntegrity
Responsibility
Innovation
Teamwork
DU"'B~E
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Oty of Dubuque
Planning Services Department
Dubuque, IA 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
PLANNING APPLICATION FORM
o Variance
DConditional Use Permit
DAppeal
DSpecial Exception
DUmited Setback Waiver
!k1Rezoning
DPlanned District
DPreliminary Plat
DMinor Rnal Plat
DText Amendment
DSimple Site Plan
DMinor Site Plan
o Major Site Plan
o Major Rnal Plat
DSimple Subdivision
DAnnexation
DTemporary Use Permit
DCertificate of Economic Non-Viability
DCertificate of Appropriateness
DOther:
Please tvoe or Drint leoiblv in Ink
Property owner(s): j 0:5 ~V h
Address: IO~03 L,q.kf:: v ;oQ..lJ
Fax Number:
,j W A r.J> fI.. v n.J Phone: 56.3 - 5~- 3J- I ~
~ Oty: E>-e. "'I\}II~R.cl StJ:Jte: 74 Zip: S:J- 0:3> :L.
Mobile/Cellular Number: 56.3 - S~3 - 3>;)...7 '{
Applicant! Agent:
Phone:
Address:
Oty:
StJ:Jte: _ Zip:
Fax Number: Mobile/Cellular Number:
Site location/address: l.{~ 5 S aiel H~CJ^t.v4-j {':(~ ( \)uhu'S";e.. IA- SdOD~
Existing zoning: ~ ~ Proposed zoning: L -5 Historic District:}..Jo Landmark: ~
Legal Description (Sidwell parce,l 10# or l~tnumtJE:r/plock number/subdivision): L-c ~ ~ of LoT -/ of LoT 1
o~ Loil~ 'T v'.' 5t' o~ 5e.e.,..; . f'f3"tW t c"' 51-I,
p'm" PJbJ~"e. covvT'j :7"....,14 I C. ;'Tjj c>~ :JDiJ'(;~c.. 10 - L.CK- LkS" - e'~
TotJ:J1 property (lot) area (square feet or acres): [ . q q '( A--C-
Describe proposal and reason necessary (attach a letter of explanation, if needed):
CERllACA110N: 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
submittal becomes public record;
2. Fees are not refundable and payment does not guarantee approval; and
3. All additional required written and graphic materials are attached.
-
Date:
Date: ~q~fl
Property Qwner(s): ~ ) J
Applicant! Agent: ~ I ~
-
FOR OFFICE USE ONLY - APPLICATION SUBMITTAL CHECKLIST
Fee:4r~oo. Received by: ~-. Date: B/Z-'/a5Docket:
DSite/sketdl plan 0 Conceptual Development Plan Dphoto o Plat
Dlmprovement plans DDesign review project description DFloor plan DOther:
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REZONING STAFF REPORT
Zoning Agenda: October 5, 2005
Property Address: 4855 Old Highway Road
Property Owner: Joseph Walbrun
Applicant: Same
Proposed Land Use: Commercial
Proposed Zoning: C-3
Existing Land Use: Residential
Existing Zoning: R-3
Adjacent Land Use: North - Commercial ServiceNacant Adjacent Zoning: North - CS
East - Residential East - R-3
South - Vacant South - C-3
West - Residential West - C-3
Former Zoning:
1934 -County Residential
1975 - County Residential
1985 - County Residential
Total Area: Approx. 2 acres
Property History: The property was developed as part of a residential subdivision in the
County and was annexed to the City in 2000.
Physical Characteristics: The property is an approximately two acre parcel with 220
feet of frontage along Old Highway Road and 350 feet of depth. The property is
relatively level along the Old Highway Road frontage and then drops approximately 34
feet in elevation toward the back of the yard. The property drains across the adjacent
property into the Catfish Creek drainage. There is an existing 1,200 square foot
residence on the property and numerous accessory structures.
Concurrence with Comprehensive Plan: The Comprehensive Plan goals state, "To
provide opportunities for neighborhood commercial centers, to assure compatibility with
residential property, and to buffer and protect incompatible uses for each other."
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site. However, if the site is
redeveloped, storm water detention and improved drive access may be required.
Traffic Patterns/Counts: lOOT 2001 average daily traffic counts indicate 2,610
vehicle trips on Old Highway Road directly east of the subject property and
20,200/22,800 vehicle trips on the west and east bound lanes of U.S. Highway 20
adjacent to its intersection with Old Highway Road.
Rezoning Staff Report - 4855 Old Highway Road
Page 2
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 and storm water control is provided during all
phases of development.
Adjacent Properties: The property directly north of the subject property, which lies
behind the subject lot, has two contractor shop buildings and is zoned Commercial
Service. The property directly south of the subject property across Old Highway
Road is zoned C-3 and is currently vacant. The proposed commercial use should
have very limited impact on these properties. However, the properties both to the
east and west of the subject lot currently have single-family residences on them
with large lots. This may create a situation where commercial activity is placed
between two existing residential lots.
CIP Investments: None proposed.
Staff Analysis: The applicant is proposing to rezone an approximately two-acre parcel
from R-3 Multi-Family Residential to C-3 General Commercial zoning district. The
property is located on Old Highway Road and lies across from a vacant C-3 zoned lot
with frontage on both Old Highway Road and U.S. Highway 20. The property has a
contractor's shop and commercial service behind and below with an approximate 34
foot change in grade from Old Highway Road to the northern commercial service
property. There are existing single-family residences on large lots located both east
and west of the subject property.
There are two lots approximately 260 feet east of the subject property along Old
Highway Road that have been rezoned recently from R-3 Multi-Family to C-3 General
Commercial and have accommodated the conversion of existing residences to a
chiropractic office and photo studio.
Staff recommends the Commission review the criteria established in Section 6-1.1
regarding zoning reclassification.
Prepared by: ~.....u.L--( Reviewed:"j:t -;t ~ Date: 9-713 . of>
Prepared by: Laura Carstens. City Planner Address: 50 W. 13th S1.. City Hall Telephone: 589-4210
Return to: Jeanne Schneider, City Clerk, City Hall- 50 W. 13m Street, Dubuque, IA 52001-4864 563-589-4121
ORDINANCE NO.
-05
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT 4855 OLD HIGHWAY
ROAD FROM R-3 MODERATE DENSITY MULTI-FAMIY 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-3 Moderate Density Multi-Family Residential District to C-3 General
Commercial District, to wit:
Lot 2 of Lot 1 of Lot 1 of Lot 1 SW % SE % Section 29, 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.
Passed, approved and adopted this
day of
2005.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk