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Request to Rezone - 2162 Rockdale Road_Radtke_Hearing Copyright 2014 City of Dubuque Public Hearings # 2. ITEM TITLE: Request to Rezone -2162 Rockdale Road SUMMARY: Proof of publication on notice of public hearing to consider a request by Bruce Radtke to rezone a portion of 2162 Rockdale Road from R-1 Single-Family Residential to C-3 General Commercial District to permit business expansion 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 2162 Rockdale Road from R-1 Single-Family Residential 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 Proof of Publication Supporting Documentation Suggested Motion Supporting Documentation Planning Services Department Dubuque City Hall THE crry of 50 West 13�Street Dubuque,IA 52001-4864 ��I 111_r L U (563)5894210 phone [[[ 111 (563)589-4221 fax W-W12•mu Masterpiece on the Mississippi (563)690-6678 TDD planning@dtvofdubuque.org July 11, 2016 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street DubuquelA 52001 Applicant: Bruce Radtke Location: 2162 Rockdale Road Description: To rezone a portion of the surrounding property from R-1 Single-Family Residential District 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 he wanted to purchase the property to facilitate the possible expansion of his business. Staff reviewed the staff report, noting the location of the property, property history, and lot configuration. Staff reviewed the permitted uses in the C-3 District. There were no public comments. The Zoning Advisory Commission discussed the request, and found it compatible with surrounding zoning and land use and would allow the applicant to expand his business. 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, Z ..l- Thomas Henschel, Chairperson Zoning Advisory Commission Attachments Service People Integrity Responsibility Innovation Teamwork Dubuque Planning Services Department THE crry OF � City Hall-50 West 13 Street DUB a ,pr Dubuque,IA 52phone 05 ''I I (563)589-4210 phone (563)589-4221 fax Masterpiece on the Mississippi (563)690-6678 TDD planning0citvofdubuque org 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 ❑Limited Setback Waiver ❑Minor Site Plan ❑Historic Revolving Loan ❑Demolition in Conservation Districts ;gp&zoning/PUD/ID ❑Major Site Plan []Historic Housing Grant ❑Port of Dubuque Design Review Please type or print legibly in in Property owner(s): E44 OD (7 LAQ n F/II .V jD U J:�- Phone: Address: Qty: D_6kV State:,fV Zip: Fax#: Cell #: S?Q • On q_-_%_E-mail: Applicant/Agent: ri 7—k SNI�EiJLD�� . Phone: Address: � City:��1 state:_w4zip : Fax#:590 • y87 7Cell #: s� 77 E-mail: S, fiOL.Z' 5774102 Z�- - �lanyp- mom Site location/address: (..� 6P I1_. �7 Neighborhood Association: 7-1&Z- t LOCAL- .6Lro ,cJ2. Existing zoning: Proposed zoning: 1--3 District:�LJD Landmark: ❑ Yes No Legal Description (Sidwell parcel ID#or lot number/block number/subdivision): I L.. 4-8.2_ Total property(lot)area (square feet or acres): Ti iYCX� Describe proposal and reason necessary(attach a letter of explanation, if needed): TO Wl%z:,pUiG To W_rA!Jp-C �3L1 �4-!_k6 t a 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: 02&ZT Date: FOR OFFICE USE ONLY—APPLICATION SUBMITTAL CHECKLIST Fee: 1• Received by: Date:S l _1 Docket: G 4�cK-*I N KZ 1 • L , THE CITY OF *TE DUbUyue Du$ IIkA c4 •.., . • i n;•� , Masterpiece on the Mississippi _001 Iml N135 r Vicinity Map JW Applicant: Bruce Radtke x Kr +.. Location: 2162 Rockdale Road Pal, e79 fe • �' Description: To rezone a portion of the ' ,f �/ * subject property from R-1 Single-Family ti Residential to C-3 General Commercial District to permit business expansion. Legend 1 a Applicant Property 1 y F Notified Properties - DISCLAIMER:Ths-Mormation was compiled using the Din cudes ull dataceefetl yGeographic DolM1Information the Cty of Dubuque end), which 1 `k• Dubuque County. It 1s understood that,while the City of 1 • r'�, ,!' Oubuqueand participating age utilized the most current ^I y- antlaccurate informationavailable.DAGIS and its suppliers it IV Ti not warrantfM1 Y or c rency oflh information data �r Y 7 cote ned harm The Qty and partclpatl ng agencies she 11 not ,N\ 1 e b held liable f d directes rolled, , q 1 1 ♦ 1 k"' ,y punitive,orspecialdamages M1eu t r bl o unforeseeable, g [ tyt a ' tl th tl flit {� brach this data or wnisoeero use this data or out or any f a t f ti i �' . . y ,� Map rl It by Ido �'F. ;�.� ��. +'.•�. 202 ` '•� ya r5�; s_y �". Act w I \\ • � � �� / � ,fig � � 2 5 � V 216� C Y':P fes, A xy ` BELLEVUE � � 'tib •�, �� , t " h p �V 17 i a 2300 tr 227 / ♦ • 0 30 60 120 Feet a 2155n n v �/ B DT" +- t. ity of Df hu�ue/vcses REZONING STAFF REPORT Zoning Agenda: July 6, 2016 Property Address: 2162 Rockdale Road Property Owner: Lloyd Gudenkauf Applicant: Bruce Radtke Proposed Land Use: Commercial Proposed Zoning: C-3 Existing Land Use: Residential Existing Zoning: R-1 Adjacent Land Use: North — Residential Adjacent Zoning: North — R-1 East— Commercial East — C-3 South — Commercial South — C-3 West — Residential West— C-3(c)/OS Former Zoning: 1934 — County Total Area: 2 acres 1975 — County 1985 — County Property History: The subject property has been occupied as a single-family residence since its construction. Physical Characteristics: The subject property is located east of Rockdale Road and was annexed into the city in 1989. Access to the parcel is by way of an existing gravel access on the old Bellevue Road right-of-way. Concurrence with Comprehensive Plan: The 2030 Future Land Use Map of the Comprehensive Plan designates the property for commercial use. Impact of Request on: Utilities: Existing utilities are adequate to serve the site. Traffic Patterns/Counts: Based on 2013 [DOT traffic counts, Rockdale Road carries approximately 4,820 average daily trips south of the Twin Valley/Rockdale Road intersection, and 10,300 average daily trips north of the intersection. 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. Rezoning Staff Report— 2162 Rockdale Road Page 2 Adjacent Properties: The proposed rezoning of the subject property to C-3 General Commercial allows for a 53 permitted and five conditional uses. The size and location and topography of the parcel will limit the number of potential uses further. CIP Investments: None proposed. Staff Analysis: The applicant's request is to rezone the property from R-1 Single- Family Residential to C-3 General Commercial. The subject property is located in a mixed use area of the community and is bordered by commercial and office uses on two sides and single-family residential properties on the other two sides. The subject property is currently vacant and has been split off from an existing single- family detached structure that lies closer to Rockdale Road near its intersection with Twin Valley Drive. The parcel is bordered by C-3 Zoning on the east and south sides and R-1 zoning on the west and north sides. The subject parcel can be served by either access along the Old Bellevue Road right-of-way or from adjacent properties to the south. Attached to this staff report are the district standards for the C-3 General Commercial District. Staff recommends the Commission review Article 9-5 of the Unified Development Code regarding criteria for the reclassification of property. Prepared by: Reviewed: Date: �'Z8•/� 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 The following uses are permitted in the C-3 district: 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,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 Indoor amusement 19. General office arcade 20. Grocery store 21. Hotel 22. Indoor amusement arcade 23. Indoor recreation facility 24. Indoor restaurant 25. Indoor theater r 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 Mini warehouse 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 7-r-- 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 Vehicle sales 45. School of private instruction or rental n�€crtv ov DUB 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 faneral 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. TIE CFFV aF I ✓V U 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. 35-16 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2162 ROCKDALE ROAD 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, 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 of Mineral Lot 482, 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 18th day of July, 2016. Roy D. Buol Mayor Attest: Kevi6 S( Firnstahl, City Clerk STATE OF IOWA ISS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION b 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 8, 2016, and for which the charge is $23.86. I, Subscribed to before me Notary Public in and for Dubuque County, Iowa, this day ofZa , 20 . l qo,tary Public in and for Dubuque County, Iowa. I 61TY`6F DUBUQUE, Written comments re- IOWA garding the above pub- OFFICIAL NOTICE lic hearings may be NOTICE, IS HEREBY submitted to the City GIVEN that the Dubu Clerk's Office, 50 W. ' 13th St., Dubuque, IA que City Council will conduct a public hear 52001 on or before said ing at a meeting to time of public hearing. At said time and place commence at 620 p.m. of public hearings, all h�PMARY K,WESTERMEYER on July 18,2016,in the31 �P ("gYnnllu&ion Number l,)4685 Historic Federal Build- interested citizens and ing Council Chambers Parties will be given an _Yiti. My f"O�Irfl ExpFEB. i 2017 (second floor), 350 opportunity_ to be ;i West 6th Street,on the heard for or against following: said actions. Copies of supporting Rez®ng: Request- by Richard documents for thepub- lics,are on file Hartig to rezone prop- in he hearinC y Clerk'sOf- erty, 'located at 485 fice and may ' be North Grand View Ave- viewed during,regular nue from >OC Office i Commercial District to C-2 Neighborhood working hours. Commercial Shopping Any visual or hearing Center District. impaired. . persons Request by Bruce 'heeding special assis- Radtke to rezone a por- :tance or persons with tion,of 2162-Rockdale special accessibility Road from R-1 Single-'I needs should contact Family Residential to the City Clerk's Office C-3' General Commer- :at (563) 589-4100' or cial District to permit TTY.(563) 690-6678 at business expansion. least 48 hours prior to Expand institutional the meeting. District Kevin S.Firnstahl, Request from.Straka CMC,City Clerk Johnson Architects, PC I'lt7/8 / Stonehill Fransican Services, 3160' Sheri- dan Road, to:,expand the Padre Pio'Health Care Center i Institu tional,District to facili- tate,construction of a secondary access to Sheridan Road. G 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 22, 2016, and for which the charge is $14.61. Subscribed to before me, Notary Public in and for Dubuque County, Iowa, this C,j 2 qday of - , 20 /6 . tary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 is9y Comm, Exp. FEB, 1, 2017 OFFICIAL PUBLICATION ORDINANCE NO. 35-16 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DU- BUQUE CODE OF OR- DINANCES, UNIFIED DEVELOPMENT CODE, BY RECLAS- SIFYING HEREIN- AAP EREIN AFTER`- DESCRIBED PROPERTY, ESCRLOCATED.! AT 2162 `ROCKDALE ROAD FROM R-1 SINGLE-FAMILY •RESI- DENTIAL DISTRICT TO C-3 GENERAL COM- MERCIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, 10 - Section 0Section, 1. That ,Title 16 of the City of Dubu- que Code of Ordinan- ces, Unified 'Develop- 1. ment Code, is hereby amended by reclas- sifying the hereinafter - described property from R-1 Single -Family Residential District to C-3 General Commer- cial District, to wit: Lot 2 of Mineral Lot 482, 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 lication as provided by law.immediately upon pub- Passed, approved and adopted this 18th day of July, 2016. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 22nd day of July, 2016. /s/Kevin S. Firnstahl, City Clerk • it 7/22