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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