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Request to Rezone 4396 Peru RoadPlanning Services Department City Hall 50 West 1301 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 battli THE CITY OF ALAmMeae!r 1!17 • M •hill Masterpiece on the Mississippi October 10, 2013 Nancy Heiar 4396 Peru Road To rezone a portion of the property from R -1 Single - Family Residential to OR Office Residential 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 bait and tackle shop operated on the site, access to the site, and noted that there are other commercial businesses along Peru Road. The applicant supplied a petition in support. Staff reviewed the staff report, noting that the bait and tackle business was started prior to receiving zoning approval. Staff reviewed that access was provided from a driveway owned by Four Mounds who provided a letter included in the packet. Staff reviewed the surrounding zoning and land use. There were no public comments. The Zoning Advisory Commission discussed the request, reviewing that the proposed use was small and had little impact on surrounding property. 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, Patrick Norton, Chairperson Zoning Advisory Commission Service People Integrity Responsibility Innovation Teamwork THE CITY OF Dubuque DUB QUE 'iiir Masterpiece on the Mississippi 2012 ['Variance ['Conditional Use Permit DAppeal ❑Special Exception ❑Limited Setback Waiver zoning /PUD /ID PLANNING APPLICATION FORM ▪ Preliminary Plat ▪ Major Final Plat DMinor Final Plat ❑Simple Site Plan DMinor 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©©cityofdubuoue.orct ❑Certificate of Appropriateness DAdvisory Design Review (Public Projects) ['Certificate of Economic Non - Viability DHistoric Designation DDemolition in Conservation Districts ❑Port of Dubuque design Review Please type or print legibly in ink V Property owner(s): /1/29 /70 Or ie /e f • a F Phone: 5 3 - 53 -7' 58 Address: /3 G 3 /9 i%R/v7` /c� City: a c./ 6 [/ Q C! G State:.i■ Zip: 5200 / Fax #: Cell #: E -mail: Applicant /Agent: Phone: Address: City: State: Zip: Fax #: Cell #: E -mail: Site location /address: (C- 1 e4, • Neighborhood Association: Existing zoning: Proposed zoning: L— Z- District: N� lJ� Landmark: ❑ Yes g.No Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): I ` O 1 35 — on 1 Total property (lot) area (square feet or acres): ZS 1 2.0 Describe proposal and reason necessary (attach a letter of explanation, if needed): —re) r---V-7.—c• ire i-i r L V SAS, J W 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): Date: gO3 • ix)) Re/3 Applicant /Agent: Date: FOR OFFICE USE ONLY - APPLICATION SUBMITTAL CHECKLIST Fee: .3 MZ 34-3. -b- 14 Received by: Date$ d3 IS Docket: Me 0/- , (/7/`5 -17/3q ertL amt., Acid its 3 tacm. ,( le-r• ur-F- 2.44 'e)L, Phe.)►i e F ta y7 c/ Co /k eL 7) JF15G3- -G 4'3 (`-27(cc kt vitberfi .505- -7'f ATE c. 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Da se Data Provided by Dubuque County GIS cote• F•\I ISFRS \Fvanhusk \ArcGIS Maos \Vicinity Mao 4396Peru.mxd Masterpiece on the Mississippi Applicants: Location: Description: Vicinity Map Nancy Heiar 4396 Peru Road Dubuque AFaeenaca 11, 2007.2012.2013 To rezone a portion of the property from R -1 Single Family Shopping Center District. Legend 4396 Peru Road DISCLAIMER: TNs information was compiled using the Dubuque Area Geographic Information System (DAGIS). which includes data created by both the City of Dubuque and Dubuque County. It Is understood that, while the City of Dubuque and participating agencies uti tzed the most current and accurate tnfamatlon available. DAGIS and its suppliers do not warrant the accuracy or currency of the information or data contained herein. The City and participating agencies shall not be held table for any direct, Indirect. incidental, consequenti punitive. or special damages. whether foreseeable or unforeseeable, arising out of the authorized or unauthorized use of this data or the inability to use this data or out of any breach of warranty whatsoever. al, 1:4,000 NORTH REZONING STAFF REPORT Zoning Agenda: October 2, 2013 Property Address: 4396 Peru Road Property Owner: Nancy Heiar Applicant: Same Proposed Land Use: Commercial Proposed Zoning: C -2 Existing Land Use: Residential /Commercial Existing Zoning: R -1 Adjacent Land Use: North — Park Adjacent Zoning: North — AG East — Park East — AG South — Residential /AG South — R -1 West — Residential West — County R -3 Former Zoning: 1934 — County AG 1975 — County AG 1985 — R -1 Total Area: Approx. 3,500 sq.ft. Property History: The property was originally platted circa 1900 and a single - family home built at this location in 1919. Subsequently, several out buildings were built on the subject property. The property was annexed to the City and rezoned to R -1 in 1979. The applicant has been operating a small retail shop from one of the out buildings located at the rear of the property. Physical Characteristics: The property is a relatively level lot that is approximately 3,500 square feet in area. Access is taken from a driveway along the Four Mounds Foundation property to the south as the property does not have frontage along Peru Road. Concurrence with Comprehensive Plan: The Comprehensive Plan encourages mixed use development and also recommends buffering incompatible uses from each other. The Future Land Use Map shows this area to be low density residential and park. Impact of Request on: Utilities: Existing utilities are adequate to serve the site. Traffic Patterns /Counts: The IDOT 2009 Average Daily Trip counts indicates 5,700 vehicle trips per day along Peru Road just south of the subject property. Rezoning Rezoning Staff Report — 4396 Peru Road Page 2 this 3,500 square foot lot for commercial use should have very limited impact on the traffic volume or traffic safety at this location. Public Services: Existing public services are adequate to serve the property. Environment: Staff does not anticipate any adverse impact to the environment as the property is almost fully developed and the current out building is serving as the retail shop. Therefore, no further development is anticipated at this time. Adjacent Properties: The subject parcel is bordered on three sides by open agriculturally zoned property and vacant residentially zoned property. The subject lot is located directly across Peru Road from 7 homes in the Ginger Ridge Subdivision that area zoned County residential. These house's rear yards back up to the Peru Road right -of -way and there is no access to this subdivision immediately across from the subject lot. Therefore, a small commercially zoned property at this location should have limited impact on the adjacent properties. CIP Investments: None proposed. Staff Analysis: The applicant was issued a notice for operating a small bait and tackle shop in an out building located at the rear of their residential property at 4396 Peru Road in an R -1 Single - Family Residential zoning district. Retail sales is not allowed in this district. The applicant has requested to rezone a 27' by 130' lot at the rear of their property that currently accommodates the bait shop to C -2 Neighborhood Shopping Center District to allow retail sales. Access to the outbuilding at the rear of the subject property is currently taken from a farm lane owned by Four Mounds Foundation. Christine Happ - Olson, Executive Director of Four Mounds Foundation, has submitted an e-mail noting that Four Mounds allows the applicants conditional access along their farm lane to the rear of the subject lot. They also note that this access could be denied at some point in the future. In the event access from the Four Mounds farm lane is denied access could then be taken from Peru Road across the existing residential lot to the rear of the property. The area of the subject property requested to be rezoned is located at the rear of the lot and will be well buffered from the adjacent park, agricultural and residential uses, and should generate very little additional traffic, demand on parking, noise or activity. However, rezoning the rear portion of the lot for commercial purposes creates a situation where commercial traffic has to drive across residentially -zoned property to access the site. This is less than ideal from a land use perspective. Planning staff recommends that the Commission review Article 9 -5 of the Unified Development Code regarding property reclassification. Rezoning Staff Report — 4396 Peru Road Page 3 Prepared by: 4P'YJYer -tf Reviewed: Section 2 -Land Use Regulations Article 5: Zoning Districts Drycleaner Retail sales and service Animal hospital Passenger transfer facility 5 -11 C -2 Neighborhood Shopping Center The C -2 District is intended to ensure that the size of the commercial center, the nature of uses permitted and the locational characteristics are such that the grouping of such uses will not adversely affect surrounding residences and do not detract from the residen- tial purpose and character of the surrounding neighborhoods. 5 -11.1 Principal Permitted Uses The following uses are permitted in the C -2 District: 1. Appliance sales or service 2. Artist studio 3. Automated gas station 4. Bank, savings and loan, or credit union 5. Barber or beauty shop 6. Furniture upholstery or repair 7. Furniture or home furnishing sales 8. Gas station 9. General office 10. Indoor restaurant 11. Laundry, dry cleaner, or Laundromat 12. Medical office 13. Neighborhood shopping center 14. Personal services 15. Photographic studio 16. Place of religious exercise or assembly 17. Public or private park, golf course, or similar natural recreation area 18. Railroad or public or quasi- public utility, including substation 19. Residential use above the first floor only 20. Retail sales and service 21. School of private instruction 5 -11.2 Conditional Uses The following conditional uses may be permitted in the C -2 District, subject to the provi- sion s of Section 8 -5: 1. Animal hospital or clinic 2. Carwash, self - service 3. Licensed adult day services 4. Licensed child care center 5. Passenger transfer facility 6. Pet daycare or grooming 7. Restaurant, drive -in or carryout 8. Tattoo parlor . Wind energy conversion systems 5 -11.3 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 Wind turbine (building- mounted) 5 -11.4 Temporary Uses Temporary uses shall be regulated in conformance with the provisions of Section 3 -19. Section 2 —Land Use Regulations Article 5: Zoning Districts 5 -11.5 Parking Minimum parking requirements shall be regulated in conformance with the provisions of Article 14. 5 -11.6 Signs Signs shall be regulated in conformance with the provisions of Article 15. 5 -11.7 Bulk Regulations C -2 Neighborhood Shopping Center Min Lot Min Lot Area Frontage (square feet) (feet) Max Lot Coverage (% lot area) Setbacks Front (feet) Min Max Min Side2 (feet) Min Rear3 (feet) Max Height (feet) - Al Uses 10' 30 ' Minimum 20 feetforgarages facing a street. 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. 14—Lot Frontage r{ Street TIEC TYOF DUB E VA z Ittpuilda le Area Required ry � Front a44 Setback _ Jet• Street t Midpoint [fHek3ht Shed Roof r_ Midpoint Height Gable or Hip Roof t Height Deckline Mansard or Gambrel Roof fHighest Level Height it Roof 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. 51 -13 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 4396 PERU ROAD FROM R -1 SINGLE - FAMILY RESIDENTIAL DISTRICT TO C -2 NEIGHBORHOOD SHOPPING CENTER 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 R -1 Single - Family Residential District to C -2 Neighborhood Shopping Center District, to wit: Lot 2 -1 -4 and Lot 1 -1 -2 -4 Section 1 T89N, R2E, 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 21st day of October, 2013. Attest: Roy D. Buol, Mayor 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 @cityofdubu ue.or Nancy Heiar 4396 Peru Rd Dubuque IA 52001 Dubuque kdkil AlI- AmedcaCily �1 I 11" 2012 RE: City Council Public Hearing — Rezoning Request Masterpiece on the Mississippi October 4, 2013 Dear Applicant: The City Council will consider your request to rezone property located at 4396 Peru Road at a public hearing on Monday, October 21, 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. Kyle L. Kritz Associate Planner Enclosures cc: ,Kevin 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 a public hear- ing at a meeting to commence at 6:30 p.m. on October 21, 2013, in 'the Historic Federal Building, 350 West 6th Street, on the follow- ing: Requests to Re- zone: Request by Harry Blewett (Dubuque Board of Realtors) to .. rezone property at 1828 Carter Road from OR Office Residential to C -2. Neighborhood Shopping Center Dis- trict Request by Deanne & David Hohmann DBQ Dance Studio and Gym - nastics Club, to rezone at 2612/ 614/2616 Univer- sity Avenue from C -1 Neighborhood Com- mercial and R -1 Single- ; Family Residential Dis- trict to OR Office Resi- dential District Request by Nancy Helar to rezone a por- tion of property at 4396 Peru Road from R -1 Single Family Residen- tial- to C -2 Neighbor- hood Shopping Center District. 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 I 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 10/11 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: October 11, 2013, and for which the charge is $20.59. 'S'=? taz-e Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this „s /,( day of ��,�� , 20/.3 . Notary Public in and for Dubuque County, Iowa. KilArlY K. WLf31'i RMI YEFI t thttiIfsIbt'I Nurbor 16085 OFFICIAL PUBLICATION ORDINANCE NO. 51-13 AN ORDINANCE ■ AMENDING TITLE 16 OF THE CITY OF DU- BUQUE CODE OF OR- DINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DE- SCRIBED PROPERTY LOCATED AT 4396 PE- RU ROAD FROM R -1 SINGLE- FAMILY RESI- DENTIAL DISTRICT TO C -2 NEIGHBOR -, HOOD SHOPPING' CENTER DISTRICT. NOW, THEREFORE, BE IT ORDAINED SY THE CITY COUNCIL OF THE, CITY OF DUBUQUE, IO- i WA: Sectlpn 1. That title 16 of the City of Dubu • que Code of Ordinan -1 ces', the Unified Devel- opment Code, Is here- by amended by reclas- sifying the hereinafter- described property ,from R -1 Single- Family ` Residential District to C -2 Neighborhood Shopping Center Dis- trict, to wit: Lot 2 -1 -4 and Lot 1 -1- 2 -4 Section 1 T89N, R2E, and to the center- line 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 Ordi- nance shall take effect immediately upon pub - lication, as provided by law. Passed, approved and adopted this 21st day ' of October, 2013. /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, City Clerk - Published officially in I the Telegraph Herald newspaper on the 25th , day of October, 2013. /s /Kevin.S. Firnstahl, City Clerk It 10/25 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: October 25, 2013, and for which the charge is $14.84. -024 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this caOf day of , 20 /3 Notary Public in and for Dubuque County, Iowa. ► • MARY K. WESTERMEYER f Commission Mumbo! 1114845