Request to Rezone 3125 Cedar Crest Ridge_Two Bits (Bitter) Copyright 2014
City of Dubuque Public Hearings # 1.
ITEM TITLE: Request to Rezone 3125 Cedar Crest Ridge
SUMMARY: Proof of publication on notice of public hearing to consider
a request from Joe Bitter to rezone property located at
3125 Cedar Crest Ridge from CS Commercial Service and
Wholesale to C-3 General Commercial, to permit an indoor
recreation facility and the Zoning Advisory Commission
recommending approval.
ORDINANCE Amending Title 16 of the City of Dubuque
Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located at
3125 Cedar Crest Ridge from CS Commercial Service and
Wholesale District to C-3 General Commercial District
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion
A
ATTACHMENTS:
Description Type
ZAC Letter Staff Memo
Applicant Materials Supporting Documentation
Staff Materials Supporting Documentation
Ordinance Ordinance
Suggested Motion Supporting Documentation
Planning Services Department Dubuque
City Hall THE CNBQTE
50 West 13M Street Dubuque,IA 52001-4864 •
(563)589-4210 phone
(563)589-4221 fax mn•mi:•m., Masterpiece on the Mississippi
(563)690-6678 TDD
planning®cityofdubuque^ore
March 7, 2016
The Honorable Mayor and City Council Members
City of Dubuque
City Hall — 50 W. 13th Street
DubuquelA 52001
Applicant: Joe Bitter
Location: 3125 Cedar Crest Ridge
Description: To rezone from CS Commercial Service &Wholesale District to C-3 General
Commercial District to permit an Indoor Recreation Facility.
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's representative spoke in favor of the request, reviewing the location of
adjacent C-3 zoned property and that there are other existing indoor recreation facilities in
the area.
Staff reviewed the staff report, noting surrounding zoning and land use. Staff reviewed
allowed uses in the C-3 and CS zoning districts, and discussed potential vehicle trips and
parking demand. Staff noted they received no input from adjacent property owners.
There were no public comments.
The Zoning Advisory Commission discussed the request, and felt it was appropriate.
Recommendation
By a vote of 5 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
Attachments
cc: Maurice Jones, Economic Development Director
Service People Integrity Responsibility Innovation Teamwork
THE CITY of City of Dubuque
Dub JE Planning Services Department
Dubuque,IA 52001-4805
Phone:563-589-4210
Masterpiece oil the Mississippi Fax: 563-589-4221
laanninciOcitvofdubuaue ora
PLANNING APPLICATION FORM
❑Variance ❑Preliminary Plat ❑Simple Subdivision ❑Certificate of Appropriateness
❑Conditional Use Permit ❑Major Final Plat ❑Text Amendment ❑Advisory Design Review(Public Projects)
❑Appeal ❑Minor Final Plat ❑Temporary Use Permit ❑Certificate of Economic Non-Viability
❑Special Exception ❑Simple Site Plan ❑Annexation ❑Historic Designation choose one
❑Limited Setback Waiver ❑Minor Site Plan ❑Historic Revolving Loan ❑Demolition
WRezoning/PUD/ID ❑Major Site Plan ❑Historic Housing Grant ❑Port of Dubuque Design Review
Please type or print legibly in in
Property owner(s):Two Bits LLC Phone: 563-590-4271
Address: PO Box 3066 city: Dubuque State:LA Zip;52004
Fax#: Cell #: 563-590-4271 E-mail, joebitter@gmail.com
Applicant/Agent: Joe Bitter Phone: 563-590-4271
Address, 2275 Wedgewood Dr. City, Dubuque state: IA Zip;52002
Fax#: Cell #:563-590-4271 E-mail: joebitter@gmail.com
3125 Cedar Crest Ride N/A
Site location/address: g Neighborhood Association:
Existing zoning: CS Proposed zoning: C-3 District: N/A Landmark: ElYes X No
Legal Description(Sidwell parcel ID#or lot number/block number/subdivision):
1034401011
- - -
Total property(lot)area(square feet or acres): 1 .00 acre
Describe proposal and reason necessary(attach a letter of explanation,if needed): I Would like to request rezoning from
CS to C3 on the property located at 3125 Cedar Crest Ridge. The request is made to accommodate an
existing tenant and any future tenants.
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:
Applicant/Agent: Date:
FOR OFFICE USE ONLY—APPLICATION SUBMITTAL CHECKLIST
u' Date: I�'+ ticket:
Fee: � �• Received by:
W
y Oil
\ O THE MY of Dubuque
DUB &TE 1�ir
Masterpiece on the Mississippi 2M-2013
Vicinity Map
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Applicant: Joe Bitter
Location: 3125 Cedar Crest Ridge
Description: To rezone from CS
Commercial Service & Wholesale
° to C-3 General Commercial, to
permit an indoor recreation facility.
s�
Legend
Applicant Property
Notified Properties
Road Centerline
DISCLAIMER:TMs W...tion was cengiled using IM1e
Dubuque Ame Geog phicI rtt ti.n System(DAGI%which
includes dale cleated by both IM1e City of Wbuque entl
Wbuque Count'. It is uMarstood that,wMle IM1e City of
Dubuque entl pro t Miong eg<ncles unfixed the most c ll e
ntl aecuMel awura n eveileonoy*fGIS aidl I,Iff"Mi.ord tl
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U.duid.�of eable,arising out of tie authodxetl or ur t Ofdxed
use of of date aIM1e IneblOryto use tMs tlete or atof arty
death of wanenry whatsoever.
REZONING STAFF REPORT Zoning Agenda: March 2, 2016
dd C .
rrUpe"r ayA%oeictiresg: 0"145 �eaar l ieSi Ridge
Property Owner: Two Bits, LLC
Applicant: Joe Bitter
Proposed Land Use: Commercial Proposed Zoning: C-3
Existing Land Use: Commercial Existing Zoning: CS
Adjacent Land Use: North — Commercial Adjacent Zoning: North— C-3
East— Commercial East — CS, C-3c
South —Commercial South — CS
West— Commercial West—CS
Former Zoning: 1934 — County AG Total Area: 1.5 Acres
1975 —AG
1985 —AG
Property History: The subject property was fallow or under cultivation in the county and
was annexed circa 1970. The property was subdivided in the early 2000s and a
commercial contractor's building was built here in 2003.
Physical Characteristics: The subject property is a relatively level 1.5 acre lot with 400
feet of frontage along Cedar Crest Ridge. The lot accommodates an approximately -
14,000 square foot multi-tenant contractor's building, an approximately 6,000 square
foot storage building and associated parking.
Concurrence with Comprehensive Plan: The Comprehensive Plan encourages
mixed use development and also cautions that incompatible uses should be buffered
from each other. The 2030 Future Land Use Map calls for this area to remain
commercial.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site.
Traffic Patterns/Counts: 2013 IDOT average daily trip counts indicate 9,100
vehicle trips per day along Cedar Cross Road just east of the intersection with
Cedar Crest Ridge. Rezoning the property to C-3 General Commercial district has
the potential to slightly increase the amount of traffic traveling along Cedar Crest
Ridge. However, the additional commercial uses permitted in the C-3 district
i
Rezoning Staff Report s 3125 Cedar Crest Ridge Page 2
r
should have little impact on overall traffic traveling along Cedar Crest Ridge and
Cedar Cross Road.
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.
Adjacent Properties: The subject property is located in a commercial corridor with
contractor's buildings and multi-tenant commercial buildings along both Cedar
Crest Ridge and Cedar Cross Road. Rezoning the subject property to C-3 General
Commercial district may slightly increase the amount of traffic in the development;
but, should have limited impact on the other commercial businesses in the
neighborhood.
i
CIP Investments: None proposed.
Staff Analysis: The applicant is proposing to rezone and approximately 1.5 acre
commercial lot from CS Commercial Service and Wholesale district to C-3 General
Commercial district. There are two commercial buildings on the lot that total
approximately 20,000 square feet in area and an approximately 1/2 acre paved parking
and storage area. Currently the primary commercial building is a 14,000 square foot
metal multi-tenant contractor's building and the secondary building is a 6,000 square
foot multi-tenant contractor's storage building. The property is located in a mixed-use
commercial area adjacent to multi-tenant retail buildings and metal contractor's -
buildings.
The property to the north of the subject lot is zoned C-3 and; therefore, the request
represents an expansion of the C-3 district. The development along Cedar Crest Ridge
consists of the subject property and five other contractor's buildings. There are also
two multi-tenant retail buildings zoned C-3 that have frontage along both Cedar Crest
Rirl^� and Cedar Cross Road. One -of these commercial buildings abuts the Subject lot
uJ
The uses permitted in the C-3 district include many of those permitted in the CS district
such as vehicle sales and repair, contractor's shop and mini-warehousing; however,
there are a number of retail uses such as bar/restaurant.and retail sales that are only
permitted in the C-3 district. These retail uses tend to generate more traffic and activity
and have longer hours of operation than the CS uses. However, the subject lot is
almost fully developed and any redevelopment of the site for C-3 uses should not
generate excessive traffic.
Staff recommends the Commission review Article 9-5 of the.Unified Development Code
regarding reclassification of property.
Rezoning Staff Report— 3125 Cedar Crest Ridge Page 3
Prepared by:
Reviewed: 00 Date: .12'Z3•�6
Section 2-Land Use Regulations 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
ME The following uses are permitted in the C-3 district:
I 1. Agricultural supply sales
2. Animal hospital or clinic
3. Artist studio
Department store 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,fall service
j 11. Carwash,self service
i 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
Indoor amusement 20. Grocery store
arcade 21. Hotel
22. Indoor amusement arcade
23._indoor recreation facility
24. Indoorrestaurant
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
Mini warehouse 34. Parking structure
35. Pet daycare or grooming
36. Photographic studio
37. Place of religious exercise or assembly
3 8. 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 fast floor only
43. Restaurant,drive in or carryout
44. Retail sales and service
Vehicle sales 45. School of private instruction
or rental
Section 2—Land Use Regulations Article 5:Zoning Districts
46. Service station
47. Tattoo parlor
48. Tour hone
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.
Dus .
Section 2—Land Use Regulations Article 5:Zoning Districts
5-13.7 Bulk Regulations
Min Lot Min
C-3 Genetal Commercial Area ..- w.YrQrW,
Licensed adultdayseNces,
Licensed child care center 5,000 50 50 20 -- --- --- 40
Vehicle sales 20,000 --- - 20 -- ---
Al 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.
_ --•-t--Midpoidt
Lot Area Height
ru Fro rty Ione ' ;' Shed Roof
Midpoint
G i�yF
All
i � � Height
1
I I I I I 'Y e! Gable or Hi Roof
' Deckime
LI '
Is�rr� Ito 1i , ; __ Mansard or Gambrel Roof
Lot Width• I Required Front 5 tin Highest Level
I'-Lot Frontage T Height
Street 5treeE flat 00
DUB
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. 6-16
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT -- CODE, BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT 3125 CEDAR CREST
RIDGE FROM CS COMMERCIAL SERVICE AND WHOLESALE 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, Unified
Development Code, is hereby amended by reclassifying the hereinafter—described
property from CS Commercial Service and Wholesale District to C-3 General
Commercial District, to wit:
Lot 2 Cedar Ridge Farm Place #4, 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 March
Attest:
ones Mayor yor Pro -Tem
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@cityofdubuque.org
Joe Bitter
2275 Wedgewood Drive
Dubuque IA 52002
Dubuque
THE CITY OF
111I -America City
'1111'
2007 • 2012 • 2013
RE: City Council Public Hearing — Rezoning Request
Dear Applicant:
DUB F,
Masterpiece on the Mississippi
March 7, 2016
The City Council will consider your request to rezone property located at 3125 Cedar
Crest Ridge ata public hearing on Monday, March 21, 2016. 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, 2" 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: Kevin Firnstahl, City Clerk
Service
People
Integrity
Responsibility
Innovation
Teamwork
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: March 11, 2016, and for which the charge is $21.53.
Subscribed to before me,
this /,50' day of
Notary Public in and for Dubuque County, Iowa,
,20 /6' .
CITY OF DUBUQUE,.
IOWA
OFFICIAL NOTICE
NOTICE IS HEREBY
GIVEN that the
Dubuque :City Council
will conduct a public
hearing at a meeting to
commence at 6:30 p.m.
o8 Monday, March 21,
2016, in the Historic
Federal Building Coun-1
cil Chambers; (second
floor), 350 West 6th
Street, Dubuque, on
the following:
REZONINGS
Request from Chris
Miller to rezone pro-
perty located at 210
Jones Street from C-4
Downtown, Commercial
to C-3 General Com-
mercial - for climate
controlled storage and
commercial/retail use.
' Request from Joe
Bitter to rezone pro-
perty:located at, 3125
Cedar Crest Ridge from
CS Commercial Service
& Wholesale to C-3 i
General Commercial, to
permit an , indoor
recreation facility.
Written comments
regarding the above
public hearings may be
submitted to the City
Clerk's Office, 50 W.
13th St., Dubuque, IA
52001, ctyclerk®cityof':
dubuque.org on or
before said time of
public hearing. At said
time and place of
public hearings all
interested citizens and
parties will be given an
opportunity to be
otary Public in and for Dubuque County, Iowa.
MARY K. WESTERMEYER
Commission Number 184885
My Comm, Fzrl: FEB, 1, 2017
heard for or against
said actions.,
Copies of supporting
documents for the
public hearings are on
file in the City Clerk's
Office, and may be
viewed during regular
working hours or at
http://publicagenda.cit
yofdubuque.org/.
Any visual or hearing
impaired persons need-
ing special assistance
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. Firnstahl,
CMC, City Clerk
It 3/11
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: March 25, 2016, and for which the charge is $15.05.
Subscribed to before me a Notary Public in and for Dubuque County, Iowa,
this J' day of Q J , 20 /c .
Notary Public in and for Dubuque County, Iowa.
OFFICIAL
PUBLICATION
ORDINANCE NO. 646
AN ORDINANCE
AMENDING TITLE 16
OF THE CITY /OF
DUBUQUE 'CODE; `OF
ORDINANCES, UNI-
FIED DEVELOPMENT
CODE, BY RECLAS-
SIFYING HEREINAF-
TER'DESCRIBED PRO-
PERTY LOCATED AT
3125 CEDAR CREST
RIDGE FROM CS
COMMERCIAL SER I
VICE AND WHOLE-
SALE DISTRICT TO C-
3 GENERAL COMMER-
CIAL 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, Unified
Development Code, is
hereby amended by
reclassifying the 'here-
inafter -described ° pro-
pertyfrom CS Com-
mercial. Service and
Wholesale District to C-'
3 General Commercial
District, to wit:
Lot 2 Cedar Ridge
Farm. Place #4, 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 March, 2016.
/s/Ric W. Jones,
Mayor Pro -Tem
Attest: /s/Kevin S.
Firnstahl, City Clerk
Published officially in
the Telegraph Herald
newspaper on the 25th
day of March, 2016.
/s/Kevin S. Firnstahl,
City Clerk
Yt 3/25
MARY I{, WESTERMEYER
Commibsion Number 154885
My Cr.),, F)n FES, 1, 2017