Zoning 3219 Asbury Rd I.Chong
~
THE CITY OF
~._..,~.- .-
C)i H' '('I r
,-~:~':':::. . ,. ~.-: -.: '-
Plarming Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 589-4210 office
(563) 589-4221 fax
(563) 690-6678 TOD
plarming@cityofdubuque.org
~ck~
April 10, 2006
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
Applicant:
Location:
Description:
Injun Chong '"
3219 Asbury Road
To rezone property from R-2c Two-Family Residential District, with
conditions, to OS Office Services District to permit a chiropractic office.
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, stating he was requesting the rezoning to
allow the size of his business to increase and be able to put up a sign.
Staff reviewed previous Zoning Board of Adjustment and enforcement actions on the
property. Staff reviewed surrounding zoning and land use.
There were no public comments.
The Zoning Advisory Commission discussed the request, noting that it appears the
applicant has outgrown the site, that there are existing single-family homes on either side
of the property, and that the property was limited in its ability to expand parking facilities.
Recommendation
By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council
deny the request.
A simple majority vote is needed for the City Council to concur in the recommended
denial. A super-majority vote is needed for the City Council to approve the request.
Respectfully submitted,
. .;y)1 ~;tz_i?,j-
\;:::/ I f' 11\ {.
Jeff Stiles, Chairperson
Zoning Advisory Commission
Attachments
Service
People
Integrity
Responsibility
Innovation
Teamwork
Thi~~E
~~~
Oty of Dubuque
Planning Services Department
Dubuque, IA 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
PLANNING APPLICATION FORM
o Variance
OConditional Use Permit
OAppeal
OSpedal Exception
OUmited Setback Waiver
~zoning
OPlanned District
OPreliminary Plat
OMinor Final Plat
OText Amendment
Please tvoe or orint leaiblv in Ink
Property owner(s): ...::[:n,1:f7 C 1.671
Address: '3)../c) Ash') Rd. Oty:
Fax Number:(<)"~ \St:: - '1;:;.'(;;)-
Applicant! Agent:
Address:
Fax Number:
OSimple Site Plan
o Minor Site Pian
o Major Site Plan
o Major Final Plat
OSimple Subdivision
OAnnexation
OTemporary Use Permit
OCertificate of Economic Non-Viability
OCertificate of Appropriateness
OOther:
D.C!.. Ph(lne:(?""b.$> S:S, - 51" '10
~OK( State:~ZiP: <".;T{)()!
Mobile/Cellular Number: (<J~) sKtJ ~ 9'1.5b
Phone:
Oty:
State: _ Zip:
Mobile/Cellular Number:
Site location/address: ~ Z-l '" 4_cAt. lrz...-t e r") .
Existing zoning: J::.-2. L Proposed zoning: () 5 Historic District: 1'-1 C> Landmark: />.J b
Legal Description (Sidwell parcel ID# or lot number/block number/subdivision):
10' z.z.. ,.;:;2.... O()4-
Total property (lot) area (square feet or acres): I I. 'S -0 0 ~ (? ,...~.
Describe proposal and reason necessary (attach a letter of explanation, if needed): -rt=' t? 0&"' ^ ...MF
-t""O Pc;t?.J..........\.t> ~\l"LD."...,'...J-:"I( b&:::"r:::,~
CERTIFICATION: I/we, the undersigned, do hereby certify that:
1. The infonmation submitted herein is true and correct to the best of my/our knowledge and upon
submittal becomes pUblic record;
Fees are not refundable and payment does not guarantee approval; and
All additional required written and graphic materials are attached.
""""" """"',), ~,4s- _?:G
~Applicant/ Agent:
2.
3.
Date:
;(~ftt
Date:
FOR OFFICE USE ONLY-APPUCATION SUBMITTAL HE KUsr
Fee~..3ec. Co" Received by: &::if- 1b Docket:
DSite/sketch plan 0 Conceptual Development Plan Dphoto DPlat
Dlmprovement plans DDesign review project description DFloor plan DOther:
~ 1 E....l3o.i .= 'J,I
1 ", 'I
0.200 ~. i J,
~~.~~ ... ,
1 ;>,.!!! Ql 0 a> .;.1!11 I
t:O(/)O ..c
r -c Ql .-
0. a.ro G>o 0
ra 0:.;::; (.) m .....
n:s 0 '- c:-- ?.- m
C) 0:: c-Qlll:: c-
O> Ql-cO 0 a>
:E c: <:: ~ C "en en .!:::: ....
0 ::3 OQlO'<:: <(
.- .<:: .0 No:: 0 Ol
~ c: u Ul Ql ora -0 -0 C
..... 0 <:: <( '- >-- - a> a> c
.- ::3 Q) 0= "E l/l c 0
c: N -, ~ f-E~~ 0 0 N
<:: N ..~OQl 0..
.- (1) C') c: :.;:::::; ~ 0 N >-
CJ ~ .;..; o I .- .... a> :!::
._ 0 -C 0 0- 0::: U
.- <:: <:: -3:r::::......
> ra 0 .g.f- 0 '0
<]z .2 <= o 0._ [ill ,,,_",,,,-,"_"""'~M.-,
c.. ra cno.c';:' l "
0 Q) ~:!:::.~ j. I
c- o
<( -l 00::3::0 ,~.""",,,,,,".J
/
/
/
,i
I
/
0/'
l
./
l
!
CJ
M"",
~~'..
'~'"
.~.,
"-"-.
\
\
\
\
\
,
\;
\
,
\,
\
\
~ t
t
,
f
~
~
f,.
I:
t
/
,I
/
/
!
/'-. 0 ,.
,1"', .I
f..... f
,. ~;...... ,I
i '. I
.....~ '
-...........1
"-...
REZONING STAFF REPORT
Zoning Agenda: April 5, 2006
Property Address:
3219 Asbury Road
Property Owner:
Injun Chong
Applicant:
Same
Proposed Land Use:
Medical Office
Proposed Zoning:OS
Existing Land Use:
Residential/medical office
Existing Zoning:R-2c
Adjacent Land Use:
North - Residential
East - Residential
South - Commercial/Multi-Family Residential
West - Residential
Adjacent Zoning: North - R-1
East - R-1
South - C-2/R-3
West - R-1
Former Zoning:
1934 -County; 1975 - R-2; 1985 - R-1
Total Area:11 ,500 sq.ft.
Property History: County tax records indicate the property was originally part of a farmstead.
The residence was built circa 1900. County records also indicate the building was refurbished in
1949. The property was annexed to the City in 1979 and the existing residence, appears no
older than 25 years.
Physical Characteristics: The property is an approximately 11,500 square foot lot with a 2,600
square foot duplex with a two-car garage and three paved off-street parking spaces. The
property slopes from the front of the house approximately 6 feet to the grade of the sidewalk and
street along Asbury Road. The backyard slopes gradually toward the commercial property
behind. There are single-family homes built within 20 feet of either side of the subject residence.
Concurrence with Comprehensive Plan: The Comprehensive Plan calls for this area to be
single or two-family residential. Goal 2.3 of the Land Use Element states, 'To provide
opportunity for neighborhood commercial centers to assure compatibility with residential
property." Goal 6.2 states, 'To buffer and protect incompatible uses from each other."
Impact of Request on:
Utilities: Existing utilities are adequate to seNe the site.
Traffic Pattems/Counts: The property has direct access from a driveway onto Asbury Road.
A medical office of this size should generate very little additional traffic relative to that
already present on Asbury Road, which is a minor arterial. The IDOT average daily traffic
counts for 2001 indicate 14,300 vehicle trips per day along Asbury Road directly west of the
subject property.
Public SeNices: Existing public seNices are adequate to seNe the site.
Environment: Staff does not anticipate any adverse impact to the environment as the site is
almost fully developed.
Rezoning Staff Report - 3219 Asbury Road Page 2
Adjacent Properties: A medical clinic tends to generate traffic and activity in excess of what
may be normal in a single-family residential setting. Also, any expansion of the clinic may
require additional off-street parking that will be directly adjacent to single-family residences.
CIP Investments: None proposed.
Staff Analysis: The applicant is proposing to rezone an approximately 11,500 square foot lot at
3219 Asbury from R-2c Two-Family Residential district with conditions to OS Office Service to
permit a chiropractic clinic. Prior to 1994, the property was a chiropractic clinic as a home
occupation. In 1993, after being issued a notice of violation for failing to follow the regulations
regarding home occupations, the former owner tried to rezone the property to allow a clinic as a
permitted use. The Zoning Commission denied the request. The applicant withdrew the request
before it could be heard at the City Council.
The property was rezoned in 1994 from R-1 Single-Family Residential district to R-2c Two-
Family Residential district with the condition that the conditional use permit issued for the former
chiropractic clinic be rescinded. The Zoning Commission and City Council approved the
request. When the property was rezoned, the former chiropractic clinic was relocated.
The current applicant applied for a conditional use permit to allow a chiropractic clinic as a home
occupation in the R-2c District. On September 22, 2005, the Zoning Board of Adjustment
approved the request with the condition that the business houlS be limited to Monday through
Friday, from 7:00 a.m. to 6:00 p.m., and Satuday from 7:00 a.m. to noon.
Because the existing chiropractic clinic is a home occupation in a residential district, the
business is limited to emplo)ees that are family members residing on the premises, is not
allowed exterior signage, and cannot advertise using other than the name, phone number and
P.O. Box. These regulations have been established to help mitigate the negati\e impacts that
can occur when a medical clinic is located directly adjacent to single-family residential
development. If rezoned, these provisions would no longer be applicable and the clinic could
operate under the OS district regulations that would not limit hours of operation, number of
employees and would allow exterior sign age. Also, if additional staff or doctors are hired for the
clinic, additional parking will be required. It may be difficult to expand parking at this location
because of the physical limitations of the lot.
Staff recommends the Commission review the criteria established in Section 6-1.1 regarding
rezoning reclassification.
Prepared by: ~ u:::...."Jl Reviewed:
Date: 3-&8'06
Prepared by: Laura Carstens. City Planner Address: City Hall. 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider. City Clerk Address: City Hall- 50 W. 13m St Telephone: 589-4121
ORDINANCE NO.
-06
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT 3219 ASBURY ROAD FROM R-2c TWO-
FAMILY RESIDENTIAL DISTRICT, WITH CONDITIONS, TO OS OFFICE SERVICE
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-2c Two-Family Residential Zoning District, with conditions, to OS Office
Service District; to wit:
Lot 2-1-2 of Stecher Place, 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.
Passed, approved and adopted this
day of
2006.
Attest:
Roy D. Buol, Mayor
Jeanne F. Schneider, City Clerk