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Request to Rezone 380 White Street_Royal Oaks, Steve MorePlanning Services Department City Hall 50 West 13th Street Dubuque, IA 52001 -4864 (563) 589 -4210 phone (563) 589 -4221 fax (563) 690 -6678 TDD planning©cityofdubuque.org The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 Rezoning Applicant: Location: Description: Dubuque THE CITY OF NF AmericaChy 1 I I I 1 2012 Masterpiece on the Mississippi July 8, 2013 Royal Oaks Development, Inc. /Steve Moore 380 Cedar Cross Road Rezone 11 acre parcel from AG Agricultural 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 the size, location and current zoning of the property. Mr. Moore indicated they are seeking C -3 zoning because it's the highest and best use of the property. Staff reviewed the staff report, noting that the property is currently zoned AG Agricultural and that the list of permitted uses for the C -3 General Commercial District is attached. Staff reviewed the surrounding zoning and land use and the property's designation on the 2030 Future Land Use Map. There were several public comments regarding the requirements and options for screening between the proposed commercial area and the residential area to the south. The Zoning Advisory Commission discussed the request, and discussed the planting of deciduous trees along the south hillside between the residential properties and proposed commercial development. Recommendation By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council approve the request. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, k48 Charles Miller, Chairperson Zoning Advisory Commission Service People Integrity Responsibility Innovation Teamwork Masterpiece on the Mississippi DVariance ❑Conditional Use Permit ❑Appeal ❑Special Exception ['Limited Setback Waiver NTRezoning /PUD /ID Dubuque 'x111' 2012 PLANNING APPLICATION FORM ❑Preliminary Plat ['Major Final Plat DMinor Final Plat ['Simple Site Plan ❑Minor Site Plan ❑Major Site Plan ❑ Simple Subdivision ❑Text Amendment ❑Temporary Use Permit ❑Annexation ❑ Historic Revolving Loan ❑Historic Housing Grant City of Dubuque Planning Services Department Dubuque, IA 52001 -4805 Phone: 563- 589 -4210 Fax: 563 - 589 -4221 planning@cityofdubuaue.orq ['Certificate of Appropriateness ❑Advisory Design Review (Public Projects) ❑ Certificate of Economic Non- Viability ❑Historic Designation ❑ Demolition in Conservation Districts ['Port of Dubuque Design Review Please type or print legibly in ink R. ' �_ (IHS h �. +8+ Property owner(s): � �" V Phone: ; ��x '� - r �% ��.,� " r 1 I p t - EN-re /� ,, , : : 5'�.L�l�' Address: 0 'l..t+.�U �rl. �1�. � S G- City: � L� �'��1 State' � Zip' Fax #: 3"` h-5i:1=6:c75 ell #: E -mail: +J (a..)1 eh @-1)11 -km , GoYr1 Applicant /Agent: RLYV A I_ GYe\< /J f \" f Y O..* J, Phone: Address: S R 1A City: State: Zip: Fax #: Cell #: E -mail: Site location /address: Neighborhood Association: Existing zoning: fi Proposed zoning: 0 -'r District: Landmark: ❑ Yes ❑ No Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): P: Total property (lot) area (square feet or acres): C >( P(-14.1-: Describe proposal and reason necessary (attach a letter of explanation, if needed): -r`O!\ B 1 1 -R /_' ' 1 k -S .'Y n' -' Of' 0oVnyn 2R OJf +1_ CERTIFICATION: I /we, the undersigned, do hereby certify /acknowledge that: 1. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants. 2. The information submitted herein is true and correct to the best of my /our knowledge and upon submittal becomes public record; 3. Fees are not refundable and payment does not guarantee approval; and 4. All additional required written and graphic materials are attached. Property Owner(s): Applicant /Agent: Date: J- 0-c)- -�.� Date: FOR OFFICE USE ONLY — APPLICATION SUBMITTAL CHECKLIST Fee: BQO•0nReceived by: 9� Date: 5'23 /3Docket: Lot 2 of Lot 2 of Mineral Lot 230, Lot 1 of Lot 3 of Mineral Lot 232, and, Lot 2 of Merfeld Acres, all in the City of Dubuque, Iowa, according to the respective recorded plats thereof, Base Data Provided by Dubuque County GIS THE CITY OF DUB Masterpiece on the Mississippi Dubuque 'I I' II 2012 Vicinity Map Applicant: Royal Oaks Development, Inc. c/o Steve Moore Location: 380 Cedar Cross Road Description: To rezone subject property from AG Agricultural District to C -3 General Commercial District Legend Area to be Rezoned DZoning District Boundary Dubuque City Limits _1 ,1'" Path: I- I:1Planning ServicesWUcinity Maps\ZAC Vicinity Maps\projectslvcinity Map 380 Cedar Cross Road 6- 17- 2013.mxd REZONING STAFF REPORT Zoning Agenda: July 2, 2013 Property Address: Property Owner: Applicant: 380 Cedar Cross Road Royal Oaks Development, Inc. Royal Oaks Development, Inc. / Steve Moore Proposed Land Use: Commercial Existing Land Use: Vacant Adjacent Land Use: Former Zoning: North — Residential East — Vacant/Residential South — Commercial West — Commercial 1934 — County 1975 — AG 1985 — AG Proposed Zoning: C -3 Existing Zoning: AG Adjacent Zoning: North — PR East — PR South — CS West — CS Total Area: 11.06 acres Property History: The property has been the site of a single family home and agricultural use for many years. Physical Characteristics: The subject property has approximately 400 feet of frontage on Cedar Cross Road. However, a significant portion of the property is not visible from Cedar Cross Road with the current topography of this site. The property is comprised of approximately 11 acres, and water flows to the northeast toward the Catfish Creek. Concurrence with Comprehensive Plan: The 2030 Future Land Use Map designates the property for mixed residential. The Comprehensive Plan also includes goals to promote redevelopment of infill sites, encourage expansion of commercial opportunities in existing commercial corridors, and encourage protection of existing residential areas from encroachment by incompatible development. Impact of Request on: Utilities: Existing utilities are adequate to serve the site. City water is located within the right -of -way of Cedar Cross Road while the City sanitary sewer is available in the Catfish Creek valley to the east of the site. Traffic Patterns /Counts: 2009 IDOT annual average daily traffic counts indicates 9,100 vehicle trips per day along Cedar Cross Road directly across from the subject property. Rezoning Staff Report — 380 Cedar Cross Road Page 2 Public Services: Existing public services are adequate to serve the property. Environment: Staff does not anticipate any adverse impact to the environment provided adequate erosion control and storm water management is provided during all phases of construction and operation of the subject property. Adjacent Properties: The requested rezoning to C -3 General Commercial may increase the volume of traffic on Cedar Cross Road dependent on the mix of businesses that actually are developed on the site. The development of property for commercial uses will also raise the ambient light level in this area of the community. CIP Investments: None proposed. Staff Analysis: The applicant has requested rezoning of the subject property from AG Agricultural District to C -3 General Commercial. The property has approximately 400 feet of frontage along Cedar Cross Road and is approximately 11 acres in size. Attached to this staff report is a copy of the C -3 District standards that includes the list of permitted and conditional uses allowed in the C -3 General Commercial District. The 2030 Land Use Map for the Comprehensive Plan designated the parcel or mixed - use residential. The mixed -use residential designation could include residential uses from single - family detached structures to apartments and condominiums with building heights two to three stories. The 11 acres of property could conceivably allow for development of approximately 240 dwelling units based on the development and density allowed if zoned for multi - family residential use. The applicant's request for rezoning to C -3 General Commercial is intended to facilitate the development of two building pads for new commercial businesses. The C -3 General Commercial District allows for a wide range of retail and service oriented businesses including restaurants, convenience stores, gas stations and vehicle service and repair. Approval of the rezoning request and development of the parcel to C -3 will also require that a 20 -foot setback be provided between the existing residential homes to the south and the commercial businesses. The lay of the land is such that development of the commercial parcels will necessitate cutting and filling of the site that will result in the commercial sites being lower than the existing residences. The City's Unified Development Code also requires that a six -foot screen be provided between the residential properties on the south and the commercial uses. Rezoning Staff Report — 380 Cedar Cross Road Page 3 All new outdoor lighting will be required to utilize 72- degree cut -off luminaries that, because of the lower elevation of the building pads, should effectually reduce direct glare to the residential properties to the south. Planning staff recommends that the Zoning Advisory Commission review the criteria established in Article 9 -5 of the Unified Development Code regarding criteria for the reclassification of property. Prepared by: a " 9 Reviewed: t)/4 Date: G • Zf ''3 Section 2 -Land Use Regulations Indoor amusement arcade Mini warehouse Vehicle sales or rental Article 5: Zoning Districts 5 -13 C -3 General Commercial The C -3 District is intended to provide locations for commercial uses which are designed to serve the motoring public or uses requiring highway or arterial locations. 5 -13.1 Principal Permitted Uses The following uses are permitted in the C -3 district: 1. Agricultural supply sales 2. Animal hospital or clinic 3. Artist studio 4. Auditorium or assembly hall 5. Bakery (wholesale /commercial) 6. Bank, savings and loan, or credit union 7. Bar or tavern 8. Barber or beauty shop 9. Business services 10. Carwash, full service 11. Carwash, self service 12. Construction supply sales or service 13. Contractor shop or yard 14. Dental or medical lab 15. Department store (60,000 square feet maximum) 16. Farm implement sales or service 17. Furniture upholstery or repair 18. Gas station 19. General office 20. Grocery store 21. Hotel 22. Indoor amusement arcade 23. Indoor recreation facility 24. Indoor restaurant 25. Indoor theater 26. Laundry, dry cleaner, or laundromat 27. Medical office 28. Mini - warehouse 29. Mobile or manufactured home sales or service 30. Mortuary or funeral home 31. Moving or storage facility 32. Museum or library 33. Neighborhood shopping center 34. Parking structure 35. Pet daycare or grooming 36. Photographic studio 37. Place of religious exercise or assembly 38. Printing or publishing 39. Private club 40. Public or private park, golf course, or similar natural recreation area 41. Railroad or public or quasi- public utility, including substation 42. Residential use above the first floor only 43. Restaurant, drive in or carryout 44. Retail sales and service 45. School of private instruction Section 2 —Land Use Regulations Article 5: Zoning Districts 46. Service station 47. Tattoo parlor 48. Tour home 49. Vehicle body shop 50. Vehicle sales or rental 51. Vehicle service or repair 52. Vending or game machine sales or service 53. Wholesale sales or distributor 5 -13.2 Conditional Uses The following conditional uses may be permitted in the C -3 District, subject to the provisions of Section 8 -5: 1. Licensed adult day services 2. Licensed child care center 3. Outdoor recreation or outdoor amusement center 4. Passenger transfer facility 5. Wind energy conversion system 5 -13.3 Accessory Uses The following uses are permitted as accessory uses as provided in Section 3 -7: 1. Any use customarily incidental and subordinate to the principal use it serves 2. Crematorium accessory to a mortuary or funeral home 3. Wind turbine (building- mounted) 5 -13.4 Temporary Uses Temporary uses shall be regulated in conformance with the provisions of Section 3 -19. 5 -13.5 Parking Minimum parking requirements shall be regulated in conformance with the provisions of Article 14. 5 -13.6 Signs Signs shall be regulated in conformance with the provisions of Article 15. TIM CITYOF DUB Section 2 —Land Use Regulations 5 -13.7 Bulk Regulations Article 5: Zoning Districts Setbacks C -3 General Commercial Licensed adult day services, Licensed child care center Min Lot Area (square feet) 5,000 Min Lot Max Lot Frontage Coverage (% lot (feet) area) 50 50 Front (feet) Min Rear Max Min Side 1 2 Height Min 20 40 Vehicle sales 20,000 20 40 All Other Uses 20 40 When abutting a residential or office- residential district, a 20 foot side setback is required. When abutting a residential or office- residential district, a 20 foot rear setback is required. Lot Area Prop rty Line 111111111 111111111 `"'°` 11 ll _ Lot Width --Lot Frontage Street Buildable Area —— I I I h FT1T7 I 11 11111111IP 1111... �i " 1IIj�.,1111II11 ?qtr - ... r y !.{ 'Required Front Seitbarrk f Street Shed T---T---1---- Height ! Roof Midpoint I Midpoint Height $ Gable or Hip Koof + Decklme Relight Mansard or Gambrel Roof f Highest Level Reigl,t a Flat Roof LIE CM or D Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210 Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589 -4121 ORDINANCE NO. 36-13 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 380 CEDAR CROSS ROAD FROM AG AGRICULTURAL TO C -3 GENERAL COMMERCIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, the Unified Development Code, is hereby amended by reclassifying the hereinafter - described property from AG Agricultural to C -3 General Commercial District, to wit: Lot 2 -2 Mineral Lot 230, Lot 1 -3 of Mineral Lot 232, and Lot 2 Merfeld Acres, and to the centerline of the adjoining public right -of -way, all in the City of Dubuque, Iowa. Section 2. That 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 15th day of ly, 2013. Roy D. BuofMayor Attest: Page 1 of 1 Departmental Email Planning - Request from AJ Spiegel to rezone from Ag to C3 on Cedar Cross Rd From: Keith Wolff <1<wolff @dubuquesign.com> To: <planning @cityofdubuque.org> Date: 6/19/2013 9:10 AM Subject: Request from AJ Spiegel to rezone from Ag to C3 on Cedar Cross Rd To Members of the Zoning Advisory Commission and City Staff: From: Keith Wolff 210 Cedar Cross Rd. Dubuque, IA. 52003 I am sending this letter in support of Mr. Spiegel's request to have the property 380 Cedar Cross Rd, rezoned from AG to C3 commercial. He has already made big improvements to the property and neighborhood by cleaning up the debris left from the previous owners. I believe Mr. Speigel's development will be an asset to the neighborhood and the City of Dubuque. Thank you for time and consideration, Keith Wolff o1E©EOVI 11 JUN 2 1 2013 ID CITY OF DUBUQUE PLANNING SERVICES DEPARTMENT file: / / /C:/Users /mrettenb /AppData/Local /Temp /XPgrpwise /51 C 17591 DBQ_DODBQ_PO 1... 6/21/2013 Planning Services Department City Hall 50 West 13th Street Dubuque, IA 52001 -4864 (563) 589 -4210 phone (563) 589 -4221 fax (563) 690 -6678 TDD planning @cityofdubugue.org Steve Moore Royal Oaks Development 8650 Enterprise Peosta IA 52068 Dubuque bieltill All-America City 111 /1 °! 2012 RE: City Council Public Hearing — Rezoning Request Masterpiece on the Mississippi July 8, 2013 Dear Applicant: The City Council will consider your request to rezone property located at 380 Cedar Cross Road at a public hearing on Monday, July 15, 2013. Please attend this meeting, or send a representative to the meeting in your place to present your request and answer questions. City Council meetings begin at 6:30 p.m. in the City Council Chamber, 2nd Floor, Historic Federal Building (Post Office), 350 W. 6th Street, Dubuque, Iowa. Please contact the Planning Services Department at (563) 589 -4210 if you need more information or have any questions. Sincerely, Kyle L. Kritz Associate Planner Enclosures cc: �evin Firnstahl, City Clerk Service People Integrity Responsibility Innovation Teamwork CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE IS HEREBY GIVEN that the Dubu- que City Council will conduct public hear- ings at a meeting to commence at 6:30 p.m. on July 15, 2013, in the Historic Federal Build- ing, 350 West 6th Street, on the follow- ing: Rezonings Request by Royal Oaks Development, Ina /Steve Moore, 380 Cedar Cross Road, to rezone an 11 acre par- cel from AG Agricultur- al to C -3 General Com- mercial District. Request by Miner Properties to rezone 1048 & located 1060 White Street from Historic Millwork District -Plan- ned Unit Development to C-4 Downtown Com- mercial zoning district. PUD Amendment Request by City of Du- buque to amend the Historic Millwork Dis- trict Planned Unit De- velopment District Conceptual Plan to al- low off - street parking needed for redevelop- ment projects. Copies of supporting documents for the pub - lic hearings are on file in the City Clerk's 'Of- fice and may be viewed during normal working hours. Written comments re- garding the above pub- lic hearings may be submitted to the City Clerk's Office on or be- fore said time of public hearing. At said time and place of public hearings all interested citizens and parties will be given an oppor- tunity to be heard for or against said actions. Any visual or hearing impaired persons needing special assis- tance or persons with special accessibility needs should contact the City Clerk's Office at (563) 589 -4120 or TTY (563) 690 -6678 at least 48 hours prior to the meeting. Kevin S. Firnstahl, CMC, City Clerk It 7/5 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: July 05, 2013, and for which the charge is $21.74. f)d, Subscribed to before m— otary Public in and for Dubuque County, Iowa, this // day of , 20 /J . Notary Public in and for Dubuque County, Iowa. s MARY K. WESTERMEYER COmmIS01011 Number 154885