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Zoning Crescent Ridge, Zalaznik -- ..-- - - 5'/11/0(, /IIJ J- ~ ov-'\. ~f^~ ~~tk~ ~~i~ ~ j)j). /J: 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 "~ THE CITY OF (.,:.~'___~~ [)L~ rIT}OUE "~ ~ck~ 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 ~ck~ 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: J ~ ~ ~ .~ ~o ~ c. co :E >a .... .- ~ c: N III III N (I) .;:: 0.><: (ij 'c > N oil.!!! III UlN III (I) E,;:: 00 ..c:- I-Ill > ';";0.5 c: 1ll"E .g III a.~ c. -0 <(W s::::: .- (.) .- > -<:1 z '" U . ".;'~:M:~';I,:f;t_',:iC:"'fl " C) a. // // / -J! /. } / ?,(.I' C A' -""". ..".' -0 III o a:: (I) 0) -0 0:: (ij '0 ~ E (I) o E ol::E >-0 1::U (I) en . c. 0 e t) 'i:: a.Ocn -.- (I)-a c: C) 0.;:: Q) N-- Ullll (1).- Ul ~a(l) 0-- 1-1ll0 ~..c: .. ::I> c.-:!::> 0::1 .- 0 oil 15.."i:: (I) .- 0) ~ 0 0<('- Ul C) 2': ~<(J.l rr-' ~ ;1 ,~E f','~"~~::",:~;::?"':: - c: (I) o Ul (I) ~ U ~ ro -c c: ::J o CO 0) c: c: o N - o ..c: 1:: o Z c: o ::;::: III o .9 : ,:!i!:::;~-'..~","""i~,e:*;i::;;";;~'~~ '" '" ':' ! ,:-~' ~llj I:,' ; ! . "" 11' ,;,1111 I / -",. 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. \.-..---- ! i i ' j--- ./ / ./ / ./ LOT 78 \ CENTER GROVE ,0.00,,"'- \ (10-28-478-00)),..... \ ../C~~ 2-1-2 i // 1Il~2JJ .-.....(10-27-351-001I) '~ '~ /" ( '~ '- '- '-..- '-"- .-.--..---- .--.- LOT 78 CENTER GROVE ADO. (10-28-4715-001) AG ./ ./ -- ./ -- ) -- / / /., / / \ ^ / ZO~NG\ /A:' L~:~" /// PROPOSED \ (10-27- \. / CS LOT 2~~'-oo7) )// \(10-27- \ / R...,...l LOT J~:)H'OI5) / .-..-.-..--.----""1 LOT 1-1-1-1-1-1-1-1 ,,( \ (10-27- \. /Y /...... I ML 232 ,<'. LOT 4'1.:)1-00:)) \/' /' , \ (10-27- \ /./ .' AG I (10-27-J51-008)~ \151 (04)" /' --< .~: , EXISTING ZONING _..I. LOT 5 - \.../ . . 1 AG k9u" \ (10-27- \.//" \. \ . ~" "_ \ ~~ \ LOT 5'35l-()OJ) ~,/..IJ\; .~./ \. \ '-r- .<:, (10-27- \ . ...s.V- ./' \ /'~ ,.--..-.-T---.----,.----.-t ~o LOT7\}51-(02) \.,.-? 'V.....-. /. \. \ ./ i ~R':""'"l "'0 i r\ V; \(10-27-\,..p /'. \. \ /--1 i ~! ....: 8 \ LOT 8 \351_001> \......,; . / \. \. Y' : ~ 'I' " 0 -! ~ "" \ R 1 "aT ,\ (10-28- \ dY ..-< \ \ "\ I S:~"" I 1'1 I ~ i" ,'- -..77-017)' . . .....-. : ,'1 i S:.,~'t! S:~I\ LDT10.(10-28-\ ..... \ \ y.. ! 9, ~I ,: - i .l.",_: \ \ LOT 11\(10-28- ~77-018) \ ~'/, ,..... \, \ //-\ ! 2~1: :::l~!. i :::It:!. \LOT13\LOT12~(10-2a-\4n-01!l)\...1 ...... \ . ~ I ~"'!. 2 I I {10-28- .(10-28- :477_014) \'. /. \ ......-~. \ I .... I. .g I j ~ I :477-012) i477-01J) \ \ /"\,.../ \ ~-....... \ \. '-..-..1..-.._..1__ I! !. ..1-.. ._J-..-.- //../ L, ......-.....-. ....-.. I, \" \, _.--L-..___ ...- 1 _,f" "\ i, i '\ -..j....--..-. j -"-'.--1...._ AG cs \ LOT 77 CENTER GRovr ADD. (10-28-478-001) " " ", ", - ~ - 0 ? ~ !~r _N, t~1 ~ - - '. '-..- .-..- 'j-'- j j j j j j j i \, \ \ i \ \ 1-.--' .-..- -' ----- '-"- -..-' -"- -"- '-..--.- ~ --,. , . 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