Zoning Crescent Ridge, Zalaznik
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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
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THE CITY OF (.,:.~'___~~
[)L~ rIT}OUE
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May 8, 2006
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
Applicant:
Location:
Description:
Thomas & Valorie Zalaznik & Edward & Valorie Zalaznik
North of Crescent Ridge Road
To rezone property from AG Agricultural District to CS Commercial
Services & Wholesale 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 topography of site, proposed
use of site for miniwarehousing, and access. The applicant also indicated possible
conditions to approval they would accept, including restrictions on screening and
hours of operation.
Staff reviewed surrounding zoning and land use, and history of rezoning requests at
this site.
There were several public comments in opposition to the request because of traffic,
light, noise, loss of green space and adverse impact to the value of their homes.
The Zoning Advisory Commission discussed the request, noting that placing CS
zoning and miniwarehousing next to single-family homes can adversely impact
existing single-family homes. The Commission was not supportive of changing the
zoning to CS for this parcel in 2003 and nothing has changed since then to warrant
the change.
Recommendation
By a vote of 7 to 0, the Zoning Advisory Commission recommends that the City
Council deny the request.
Service
People
Integrity
Responsibility
Innovation
Teamwork
UUBDt1UE
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Dubuque,IA 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
PLANNING APPLICATION FORM
o Variance
o Conditional Use Permit
o Appeal
o Special Exception
o Umited Setback Waiver
~ Rezoning
o Planned District
o Preliminary Plat
o Minor Final Plat
o Text Amendment
o Simple Site Plan
o Minor Site Plan
o Major Site Plan
o Major Final Plat
o Simple Subdivision
o Annexation
o Temporary Use Permit
o Certificate of Economic Non-Viability
o Certificate of Appropriateness
o Other:
Please tvDe or Drint leaiblv in ink
Property owner(s): Zalaznik Thomas & Valorie E" and Zalaznik Edward Jr. & Valorie M" Phone: 588-1017 Tom S88-4143 Ed
Address: 2360 Cherrv St.
City:
Dubuaue
State: ...lL lip: 52001
Fax Number:
Mobile/Cellular Number:
Applicant! Agent:
Phone:
Address:
City:
State: _ lip:
Fax Number: Mobile/Cellular Number:
Site location/address: North of Crescent Ridae Rd.
Existing zoning: AG
Proposed zoning: CS
Historic District:
Landmark:
Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): 1028476001
Total property (lot) area (square feet or acres): 2.99 ac.
Describe proposal and reason necessary (attach a letter of explanation, if needed):
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;
2. Fees are not refundable and payment does not guarantee approval; and
3. All additional required written and graphiC materials are attached.
Property Owner(s): blh _dP ;; ~__,.k
Applicant! Agent: (/
Date: '1-03'" Dc..
Date:
FOR OFFICE U~ ~TION SUBMITTAL CHECKUST
Fee: <Vc~. CO Received by: - Date: 9" 3'Ob Docket:
DSite/sketch plan DConceptual Development Plan DPhoto DPlat
Dlmprovement plans DDesign review project description DFloor plan DOther:
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PREPIIR BY: BU SING & AS elATES
ADDRESS: 121 OCUST STR[ T DUBUO IOWA S2001
PHON:
563 556~43a9
ZALAZNIK
REZONING PLAN
PART OF LOT 1-1-1-1-1-1-1-1
SEC.27 & SEC.28 T89N, R2E,
DUBUQUE, IOWA.
OF ML 232
5TH P.M.
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SHEET TITLE
PROJECT
NO. 05055
BlJsI5JsIJ~G
ENGINEERS AND SURVEYORS
121l~S1S1.OUlllOUE."
(illl3I!l$f-UU
DATE
3/31/06
SCALE:
18 200'
REVISIONS
DRAWN BY:
TPC
CHECKED BY:
KlB
ZALAZNIK
REZONING PLAN
PREPARED FOR:
TOM AND EO ZALAZNIK
2~DCHERRYST.
DUBUOUE. IA 52001
G:\0S\0S5\dwg\OSOSS.Q3'zonirlll.dwq, lonlng.map, 4/3nOO6 10:04:39 AM, Buesing &Assoc.
REZONING STAFF REPORT
Zoning Agenda: May 3, 2006
Property Address: North of Crescent Ridge Road
Property Owner: Thomas, Valerie, and Edward Zalaznik
Applicant: Edward Zalaznik
Proposed Land Use: Commercial
Proposed Zoning: CS
Existing Land Use: Vacant
Existing Zoning: AG
Adjacent Land Use: North - VacanUcommercial
East - VacanUcommercial
South - Residential
West - VacanUAG
Adjacent Zoning: North - AG
East - CS(c)
South - R-1
West - R-1/AG
Former Zoning: 1934 -County
1975 - County
1985 - Agricultural
Total Area: Approx. 3 acres
Property History: The property has been vacant since its annexation into the City. A
portion of the property was agricultural and has recently been filled.
Physical Characteristics: The property is located on the north side of Crescent Ridge
Road behind 11 existing single-family residential lots that are approximately 104 feet
deep. The property sits slightly below the houses along the Catfish Creek drainage on
floodplain.
Concurrence with Comprehensive Plan: The Comprehensive Plan identifies the
area as open space as it was vacant at the time of adoption of the new Comprehensive
Plan. Goal 6.2 of the Land Use Element states, "To buffer and protect incompatible
uses from each other."
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site.
Traffic Patterns/Counts: Crescent Ridge Road is designated as a collector street.
1997 lOOT average daily traffic counts indicated 1 ,260 average daily trips on
Crescent Ridge Road by the subject property.
Public Services: Existing public services are adequate to serve the site.
Rezoning Staff Report - North of Crescent Ridge Road
Page 2
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, and that any future filling does not occur on the
established floodwaylflood plain of the middle fork of Catfish Creek. Any such filling
requires IDNR, Army Corps of Engineers and City of Dubuque review for
compliance with all relevant laws.
Adjacent Properties: A commercial development of this nature typically increases
the amount of traffic, noise and outdoor storage impacting adjacent properties.
The level of impact is dependent on the commercial business that is established.
The property is directly adjacent to and abuts the rear yards of 11 single-family
residences on Crescent Ridge Road.
CIP Investments: None proposed.
Staff Analysis: The applicants are requesting to rezone the subject property from AG
Agricultural to CS Commercial Service and Wholesale District. The Commercial
Service and Wholesale district allows a wide range of commercial and service uses. In
2003, the applicants were granted a rezoning of the eastern of their property adjacent
to this subject lot to Commercial Services with conditions. The applicants originally
requested rezoning of the same area they are requesting now, but modified their
request based on input from the Commission and neighbors. At that time, the Zoning
Advisory Commission eliminated auto service centers, auto sales/service, auto
repair/body shop, truck sales/service, farm implement sales/service, freight and transfer
facility, fuel/ice dealers and manufacturers, engine motor sales, service and repair,
refrigeration equipment supply sales and service, animal hospital/clinic and kennels
from the list of permitted uses in this CS District. The City Council approved the
rezoning to CS with conditions on March 17,2003. Attached to this staff report is a
copy of the CS Commercial Service and Wholesale District regulations that provides a
list of uses allowed by this district. The eastern portion of the subject property has been
a fill site for a number of years. Recently, the subject property to the west has also
been filled. Planning staff have investigated encroachments of the fill toward the
established flood plain of the middle fork of the Catfish Creek. In staff's opinion, the fill
is very close to the floodway. Planning staff has notified the applicants that any further
development of the property will require that the floodway line of the middle fork of the
Catfish Creek be established to ensure that no fill encroaches on the floodway.
Access to this site would be from Crescent Ridge Road across the existing CS(c)
property. Crescent Ridge Road is designated as a collector street and based on 1997
IDOT traffic counts, Crescent Ridge currently carries approximately 1,260 vehicle trips
per day. Many of the businesses allowed in the CS Commercial Service and
Wholesale District tend to generate a relatively low level of vehicle trips compared to
the more intense retail commercial district within the City. Any commercial activity will,
however, be located directly behind and slightly below the single-family residences
along Crescent Ridge Road.
Rezoning Staff Report - North of Crescent Ridge Road
Page 3
Planning staff recommends that the Zoning Advisory Commission review the standards
for granting a rezoning as established in Section 6-1.1.
Prepared by: ~""" I!;; ",",,^-N\'1 Reviewed: .~ -1 ~ Date: ~ Zt:, 'Ob
SECTION 3. DISTRICT REGULATIONS
3-3. Commercial District.
3-3.6 CS Commercial Service and Wholesale District.
(A) General purpose and description. The CS District is intended to provide areas for a variety of
business services, office uses, limited industrial activity and major wholesale operations. The
CS uses are primarily characterized by large storage space requirements, high volume truck
traffic and low volume customer traffic. Special emphasis shall be placed on selection of
areas to be granted CS classification. It is intended that the CS District is one that provides a
transitional zone that can be used between industrial and commercial uses and in cases where
topography establishes a transitional area due to physical limitations between industrial and
higher density residential development.
(B) Principal permitted uses. The following uses shall be permitted in the CS District:
(1) Railroads and public or quasi-public utilities including substations-[47].
(2) General office-[I4].
(3) Medical/dentallab-[8].
(4) Personal services-[I4].
(5) Off-street parking lot-[N/A].
(6) Furniturelhome furnishing-[27].
(7) Appliance sales and service-[27].
(8) Furniture upholstery/repair-[I8].
(9) Business services-[29].
(10) Office supply-[I9].
(11) Vending/game machines sales and service-[I9].
(12) Mail-order houses-[23].
(13) Lumberyards/building material sales-[I9].
(14) Construction supplies, sales and service-[I9].
(15) Printing/publishing-[32].
(16) Moving/storage facilities-[33].
(17) Auto service centers (TBA)-[34].
(18) Auto sales/service-[38].
(19) Auto repair/body shop-[35].
(20) Truck sales/service repair-[39].
(21) Farm implements sales and service-[39].
(22) Auto parts/supply~[17].
(23) Mobile home sales-[ 40].
(24) Motorcycle sales and service-[41].
(25) Boat sales and service-[ 40].
(26) Recreational vehicles sales and service-[38].
(27) Vehicle rental-[ 47].
(28) Upholstery shop-[42].
(29) Contractor shop/yard-[33].
(30) Wholesale salesldistributor-[29].
(31) Freight transfer facilities-[44].
(32) FueVice dealers and manufacturing-[33].
(33) Agricultural supply sales-[19].
(34) Processing or assembly-[33].
(35) Tool, die and pattem-making-[33].
(36) Miniwarehousing-[47].
(37) Engine/motor sales, service and repair-[19].
(38) Refrigeration equipment and supply, sales and service-[19].
(39) Landscaping services (not including retail sales as primary use)-[29].
(40) Welding services-[29].
(41) Animal hospitallclinic-[23].
(42) Kennel-[23].
[] Parking group - See Section 4-2 of this Ordinance.
(C) Accessory uses. The following uses shall be permitted as accessory uses as provided in
Section 4 of this Ordinance:
(1) Any use customarily incidental and subordinate to the principal use it serves.
(D) Conditional uses. The following conditional uses are permitted in the CS District, subject to
the provisions of Section 5 of this Ordinance and are the minimum requirements for
application to the Board of Adjustment for a conditional use permit:
(1 ) (Reserved)
(E) Temporary uses. The following uses shall be permitted as temporary uses in the CS District:
(1) (Reserved)
(F) Bulk regulations.
Front yard setback: 20 feet
Side yard setback: 0 feet*
Rear yard setback: 0 percent lot depth *
Building height: 40 feet
*Except where abutting a residential or office residential district, then six foot (6') side yard
and twenty percent (20%) lot depth rear yard setbacks required.
(0) Parking requirements. See Section 4-2 of this Ordinance.
(H) Signs. See Section 4-3 of this Ordinance.
Prepared by: Laura Carstens. Citv Planner Address: Citv Hall. 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider. City Cieri< Address: Citv Hall- 50 W. 13'" 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 NORTH OF CRESCENT RIDGE FROM AG
AGRICULTURAL DISTRICT TO CS COMMERCIAL SERVICE AND WHOLESALE
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 AG Agricultural Zoning District to CS Commercial Service and Wholesale
District; to wit:
Lot 1-1-1-1-1-1-1-1 Mineral Lot 232, 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.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
We the undersigned oppose the rezoning of the property North of Crescent Ridge
Road from AG Agricultural to CS Commercial Services and Wh .. W ~ ~
as proposed by Thomas, Edward, and Valorie Zalaznik:. \0) ~ ~
l\ffi APR 2 4 2006
Name ADDRESS P ONE
cm Of DUBUQUE
IN SE VICES DEPARTMENT