Loading...
Request to Rezone 3674 Crescent Ridge_NeumeisterPlanning 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 cityofdubuque.org The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 Dubuque Auseicctr �I a lir ron-ton •NU THE CITY OF DUB Masterpiece on the Mississippi May 13, 2014 Applicant: Mary Lynn Neumeister Location: 3674 Crescent Ridge Description: To rezone property from R-1 Single -Family Residential to C-3 General Commercial zoning 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 existing uses around property to be rezoned, and the existing topography and trees of the site. The applicant noted that they have been approached in the past regarding selling the property for commercial use. Staff reviewed the staff report, noting the surrounding zoning, land use, and access to the site. Staff reviewed that the property was within the U.S. Highway 20 Corridor Preservation Zone, and that the request has been forwarded to the IDOT for their review. There were no public comments. A letter in opposition was received and filed. The Zoning Advisory Commission discussed the request, and asked for clarification of the Corridor Preservation Zone requirements. Recommendation By a vote of 3 to 1, the Zoning Advisory Commission recommends that the City Council deny the request, due to the request not receiving the four concurring votes necessary to approve. A simple majority vote is needed for the City Council to deny the request. A super majority vote is needed for the City Council to approve the request. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 Respectfully submitted, Patrick Norton, Chairperson Zoning Advisory Commission Enclosures cc: Gus Psihoyos, City Engineer Service People Integrity Responsibility Innovation Teamwork THE CITY OF Dubuque uFAnete,cey DUB E '� �.► II Masterpiece on the Mississippi 2007.2012.2013 ❑Variance ❑Conditional Use Permit DAppeal ❑Special Exception DLimited Setback Waiver tezoning/PUD/ID 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 DHistoric Housing Grant Please type or print legibly in ink rroperty owner(s):is �)tL a til Vv Ll vi V\ Pei", ask -k%/ Address: 30'1 C�?5C�tn`11 ` k��e 1 City: l\_)wbRz State: or - Zip: 6:91003 Planning Services Department City Hall - 50 West 13th Street Dubuque, IA 52001-4805 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD planninci citvofdubuaue.orq ❑Certificate of Appropriateness DAdvisory Design Review (Public Projects) ❑Certificate of Economic Non -Viability ❑Historic Designation ❑Demolition in Conservation Districts ['Wort of Dubuque Design Review Phone: 61)3 - f5f. ('] Fax #:.1; •• 5`0l��Cell #: b' . r ., 0'50 E -ma : Applicant/Agent: 6t l� IAA k{? u 6)4 el' Phone: 5193 S-1.,) 1 1 yy�City: u�U;,1 -- State:�k Zip: �J aoo3 Address: �J 6 '� t! �'V`eSC r•tti PitZtie, 'd 3- at 1 : 5 ' (a - O 3O E -ma Fax #. � � � IOTA #. L Site location/address: S IO��`-t ((r -,'47f e vvi- t n Existing zoning: Proposed zoning: 3 Neighborhood Association: District: i4 Landmark: ❑ 'Yes -No Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): -- `-- 00-5 Total property (lot) area (square feet or acres): ' U(,rC•� Describe proposal and reason necessary (attach a letter of explanation, if needed): 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 req ired written and graphic mterials are attached. 1� Property Owner(s): _,r, L�� 1�' Date: Applicant/Agent: -- Vit Date: 1/gb FOR OFFICE USE ONLY — APPLICATION SUBMITTAL CHECKLIST Fee: Received by: IP 9 7 Date: 3/-3/4f-/ Docket: WA THE CITY OF DJU Masterpiece on the Mississippi Dubuque AFArminca 11 11 IF 2007•2012•2013 Vicinity Map Applicants: Dr. Mary Lynn Neumeister Location: 3674 Crescent Ridge Description: To rezone the property from R-1, Single Family Residential, to C-3, General Commercial zoning district. Legend 3674 Crescent Ridge DISCLAIMER: This infommtion 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 utilized the most cement and accurate Information available, DAGIS and Its suppliers do not warrant the accuracy or cunancy of the information or data contained herein. The City and participating agencies shall not be held liable for any dreg, indirect, Inddental, consequential, punitive, or special damages, whether foreseeable or unforeseeable. arising out of the authodzed or unauthorized use of this data or the Inability to use this data or out of any breach of warranty whatsoever. Base Data Provided by Dubuque County GIS Path: H:1Planning Services\EVB1ArcGISMaps\Vicinity Map 3674CrescentRidge.mxd 1:4,000 NORTH REZONING STAFF REPORT Zoning Agenda: May 7, 2014 Property Address: Pr.perty Owner: Applicant: 3674 Crescent Ridge Mary Lynn Neumeister Same Proposed Land Use: Commercial Existing Land Use: Residential Adjacent Land Use: Former Zoning: North — Office/Residential East — Residential South — Commercial West — Commercial 1934 — County AG 1975 — County Residential 1985 — R-1 Proposed Zoning: C-3 Existing Zoning: R-1 Adjacent Zoning: North — R -1/C-3 East — R-1 South — PC West — PC Total Area: 2 acres Property History: This property was part of Mineral Lot 289 and is located along Crescent Ridge that was at the time U.S. Highway 20. The roadway was subsequently reconfigured and Highway 20/Dodge Street was relocated north of the subject property. The property was purchased by the Neumeisters and a new single-family home built here in conjunction with the veterinary clinic across the street in 1961. The property has remained as a single-family residence; however, commercial uses have developed on the south and west sides of the subject lot. Physical Characteristics: The subject property is an approximately two -acre lot with 170 feet of frontage along Crescent Ridge. The property slopes from the high point along Crescent Ridge approximately 32 feet to the rear of the lot. The property is bordered on three sides by an unbroken row of large evergreen trees. Concurrence with Comprehensive Plan: The comprehensive Plan encourages mixed use areas but also recommends that incompatible uses be buffered from each other. The future Land Use Map calls for this area to remain single-family residential. Impact of Request on: Utilities: Existing utilities are adequate to serve the site. Traffic Patterns/Counts: There are no IDOT average daily traffic counts for Crescent Ridge Road. At the intersection of Crescent Ridge and Dodge Street Rezoning Staff Report e 3674 Crescent Ridge Page 2 IDOT counts indicate approximately 8,000 vehicle trips per day. However, the IDOT has proposed reconfiguring this intersection in the near future adding frontage roads to improve traffic flow. This may affect both the subject property and the surrounding property's access. Commercial development at this location should have limited impact in the overall amount of traffic generated by the commercial activity in this neighborhood. 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 control is provided during all phases of development. Adjacent Properties: The subject parcel is bordered on three sides by commercial and office development. However, it is also directly adjacent to residential development along Crescent Ridge. Rezoning this parcel will move the commercial activity further into the existing single-family neighborhood. There is currently a robust evergreen buffer along the property's east side that, if left intact, will screen the subject lot from the adjacent residential properties. Commercial activity at this location may generate more traffic, noise and activity than the existing residential development. CIP Investments: None proposed. Staff Analysis: The applicant is proposing to rezone an approximately two acre parcel of property located directly adjacent to the intersection of Crescent Ridge and the Wal- Mart/Lowe's access road and Dodge Street from R-1 Single-family Residential to C-3 General Commercial zoning district. The property currently accommodates an approximately 3,500 square foot single-family home and out buildings and is bordered on the west by Lowe's access road and parking lot, on the south by vacant commercial property and a detention area. There is a veterinary clinic and small commercial building north of the subject property and single-family residential development across Crescent Ridge and to the east of the subject lot. Rezoning this property will serve to move the commercial activity further into what is currently a single-family neighborhood. The property is, however, screened with a robust row of evergreen trees from the adjacent residential development to the east. Reconfiguration this intersection will alter the current traffic patterns in the neighborhood and should improve access to Dodge Street. The subject property is located within the IDOT Corridor Preservation Zone (CPZ) for U.S. Highway 20. The CPZ allows the IDOT 30 days to review any proposed rezoning request to determine if there will be any impacts to future improvements for the highway project. As of April 30, 2014, Planning Services staff has not received a reply from the Rezoning Staff Report — 3674 Crescent Ridge Page 3 IDOT regarding the proposed rezoning of the subject property. Attached is the current preliminary design for improvements to the U.S. 20 corridor. Staff recommends the Commission review Article 9-5 of the Unified Development Code regarding reclassification of property. Prepared by: rsit -;0-; Reviewed: Date: fr' 3O'�y LEGEND PROPOSED PAVEMENT PROPOSED GRANULAR SURFACE PROPOSED BRIDGE PROPOSED RAISED MEDIAN CORRIDOR PRESERVATION ZONE ANTICIPATED CONSTRUCTION IMPACTS PROPOSED ACCESS CLOSURE PROPERTY LINE 1111. CITY CORPORATE LIMITS ▪ ANTICIPATED BUSINESS IMPACTS O ANTICIPATED PARTIAL BUSINESS IMPACTS • ANTICIPATED RESIDENTIAL IMPACTS ® FEMA 100 YEAR FLOOD PLAIN O SITES WITH RECOGNIZED ENVIRONMENTAL CONDITIONS • ARCHITECTURAL! HISTORIC PROPERTIES ANTICIPATED WALL LOCATION TRAFFIC SIGNAL LOCATION STOP SIGN LOCATION ri • ,T;lr`' . _111 1 I 4z4,,• • %, 0 600 L 1 SCALE IN FEET is - • MoV-7.101 —ie. STATE OF IOWA_i 1 � Se4lf, F -.,14 "W�atjham_--- /` `. , TSCHIGGFRIE, EDWARD D r t, , -f ry .•''' ii.777;13./..,,,,i ,. 0 1 • MERARDS ,y PRELIMINARY PLAN NOT FINAL - SUBJECT TO CHANGE Iowa Department of Transportation Sources: 1. Aerial Photography - City of Dubuque, Iowa, 2011 2. Federal Emergency Management Agency, Flood Boundary and Floodway Maps, 1983 and 1989. 3. Hazmat Potential REC Sites - IIW Engineers & Surveyors, P.C., October 2002 4. Architectural NRHP Eligible Sites - Tallgrass Historians L.C., March 2003 5. Concept - HDR Engineering, October 2012 • Refined Alternative B 6 -1 -ane Arterial US 20 Location Study / EA Addendurif� Dubuque Conntj, Iowa ®ate Oct 2013 Figme 2 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. 34-14 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 3674 CRESCENT RIDGE FROM R-1 SINGLE- FAMILY RESIDENTIAL DISTRICT 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 R-1 Single -Family Residential District to C-3 General Commercial District, to wit: Lot 2-1-1-1-1-1 Mineral Lot 289 Mineral Lot 287, 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 19th day of May/2014. Z6j Roy D. BuOI, Mayor Attest: Kevi S. Firnstahl, C"''" erk 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: May 23, 2014, and for which the charge is $14.84. RIF Subscribed to before me, Notary Public in and for Dubuque County, Iowa, this ,ataii, day of ,20/14- . Notary Public in and for Dubuque County, Iowa. OFFICIAL PUBLICATION: ORDINANCE NO. 34-14 AN ORDINANCE AMIr11DING : TITLE' 16 OF THE CITY OF IDU+ BUQUE C9DE? OF OR, DINAItCES, IINIFIEQ DEVELOPMENT. CODE, BY RECLASS- IFYING HEREINAFTER DE CdiIBED PROPER: TY LOCATED AT 3674 CRESCENT RIDGE FROM R-1 SINGLE- FAMILY RESIDENTIAL DISTRICT TO C-3' CIAHL,R S''MMER-;' 11 ITOW,QTHEREFORE, BE. IT ORDAINED BY THE CITY COUNCIL OF THE CITY, OF DUBUQUE, IO- WA: Section 1. That Title 16.of the City of Dubu- que Code of Ordinan- ces, the- Unified Devel opt'ent Code, Is here- by amended by re- classifying the here- inafter -described prop- ;I erty from R-1 Single - Family Residential Dis7 trict to C-3 General Commercial District to I wit: Lot 2-14-1-1-1 Miner- al Lot '289 .Mineral Lot 287, and to the center: i line of the adjoining public right-of-way, all in the City of Dubuque; IQWa. 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 Ia%. -Passed,:approvgd,�nd a .ojlted this 19th ddy ofMay; 2014. /s/Roy D. Buoj, Mayor Attest: /s/Kevin S. F(rnstahl, City Clerk Published officially In the Telegraph Herald newspaper on the 23rd day of May, 2014. /s/Kevin S, Firnstahl, City Clerk. It 5/23 I1ARY K, WESTERMEYER Commission Number 154885 My Comm. Exp. FEB, 1, 2017 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: May 09, 2014, and for which the charge is $18.59. Subscribed to before me, Notary Public in and for Dubuque County, Iowa, , Notary Public in and for Dubuque County, Iowa. art OF DUBUQUE, IOWA OFFICIAL IdBYICE 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 May 19, 2014, in the Historic Federal Build ing, 350 West 6th Street, on the follow- ing: IRezonitigs Request by the Sisters of Charity BVM / The Lakota Group to rezone, property at 1100 Mt. Carmel Drive from R-1, Single -Family Residen- tial, to PUD, Planned Unit Development Request by Dr. Mary Lynn Neumeister to rezone the property at 3674 Crescent Ridge from R-1, Single -Family Residential, to C-3, General Commercial Zoning District MARY WESTERMEYER Commiasi00n Number 154885 My Comm, exp, FEB, 1, 2017 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. Copies of supporting documents for the pub- lic hearings are on file in the City Clerk's Of- fice and i may be viewed during regular working hours. 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) 589-4100 or TTY (563)'690-6678 at least 48 hours prior to the meeting. Kevin S. rirnstahl, CMC, City Clerk 5/9 a o 7 C,ke-Jam 71.4-a-rajt A,.cdJ �d , j R/ jp GC�COML J MAY - 6 2014 CITY OF DUBUQUE PLANNING SERVICES DEPARTMENT C/ e 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@citvofdubuque.org Mary Lynn Neumeister 3674 Crescent Ridge Dubuque IA 52003 Dubuque All-AmedcaCily 11111! 2012 RE: City Council Public Hearing — Rezoning Request Masterpiece on the Mississippi October 3, 2013 Dear Applicant: The City Council will consider your request to rezone property located at 3674 Crescent Ridge at a public hearing on Monday, May 19, 2014. 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. 6t" 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: Kevin Firnstahl, City Clerk Service People Integrity Responsibility Innovation Teamwork