Zoning 940 990 Cedar Cr MalonePlanning Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 589-4210 office
(563) 5894221 fax
(563) 690-6678 TDD
planning~cityofdubuque.org
April 8, 2002
RE: Rezoning
Applicant:
Location:
Description:
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque lA 52001
Ron Malone/Keith Wolff
940 to 990 Cedar Cross Road
To rezone property from CS Commercial Service and Wholesale District
to
C-3 General Commercial Distil.
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 Keith Wolff, spoke in favor of the request, stating that the increasing
vehicle trips along Cedar Cross Road has made commercial property along the
roadway more attractive for retail businesses. The applicant stated he did not feel the
rezoning would adversely impact adjacent property owners.
Staff reviewed surrounding zoning, C-3 uses, and IDOT vehicle counts for 1993 and
1997.
There were no public comments.
The Zoning Advisory Commission discussed the request, noting that the area has
undergone significant development in the last several years. Commissioners discussed
the higher volume of traffic along Cedar Cross Road, and whether the request to rezone
the property to C-3 will not be adverse to surrounding property.
Recommendation
By a vote of 4 to 2, the Zoning Advisory Commission recommends that the City Council
approve the request.
Service People Z~te~z Respotmibfllty kmovation Teamwork
The Honorable Mayor and City Council Members
940-990 Cedar Cross Road
April 8, 2002
Page 2
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
Eugene Bird, Jr., Chairperson
Zoning Advisory Commission
Attachments
[] Variance
[] Conditional Use Permit
[] Appeal
r~ Special Exception
r~ Limited Setback Waiver
PLANNING APPLICATION FORM
~v'Rezoning
[] Planned District
[] Preliminary Plat
[3 Minor Final Plat
[] Text Amendment
PLEASE TYPE OR PRINT LEGIBLY IN INK
Property Owner(s):
Address:
F~ Numben
Appli~n~Agen~
Address:
Fax Number: (~]
sit oc tio./ed ras :
City of Dubuqt~e
Planning Services Department
Dubuque IA 52001-4864
Phone: 319-589-42 0
Fax: 319-589-41. ~9
[~ Simple Site Plan
[] Minor Site Plan
u Major Site Plan
[] Major Final Plat
[] Simple Subdivision
U
Mobile/Cellular Number:
[] Annexation
[] Temporary Use Permit
[] Certificate of Appropriateness
[] Certificate of Economic Hardship
[] Other:
Phone: ~
State:-.~C~t Zip:
City:
Mobile/Cellular Number:
PhonedO~
State: -~ Zip:
Existing zoning: ~-- ,~ Proposed zoning:. ~., ~ Histodc district: Landmark:
Legal descdpti0n (Sidwell Pardi ID number or lot numbedblock number/subdivision):
Total prope~ (lot) area (square feet or acres): /[~ ~ Number of Io~:
Describe proposal and reason necessa~ (a~ch a leper of explanation, if n~ed):
CERTIFICATION: I/we, the undersigned, do hereby certify that:
The information submitted herein is true and correct to the best of my/our knowledge and upon submittal
becomes public record;
2. Fees are not refundable and payment does net guarantee approval; and
3. Ail additional required written and graphic materi~ls are attached.
Property Owner(s,: ~,.~-~L~ ~/d/~
Applicant/Agent: ./~:~~a-~"~--~ ,,
'--/ '
FOR OFFICE USE O/~LY..- APPLICATION SUBMI~TTA~. CHECKLIST
Fee~'~_. ¢r'O Received by: ~ Date:~--~/ I j~---' Docket:
~ ProperLy ownership list [3 Site/sketch plan [] Fleer plan [] Plat [] Conceptual development plan
[] Improvement plans [] Design review project description a Photo [] Othen
UR HEALTHCARE
950 Cedar Cross Rd.
Dubuque, IA 52003
Phone: (563) 585-0139
Fax: (563) 585-0140
36 W. Main St.
P. O. Box 353
Benton, WI 53803
Phone: (608) 759-3000
February 27, 20O2
o f Dubuque
Planning Services Department
Dubuque, IA 520014864
Dear Planning Services Department:
I would like to propose that the property located at 940 to 990 Cedar Cross Road,
Dubuque, IA, be rezoned from CS-Commercial Service and Wholesale District to C3-
General Commercial District. The request is being made to bring the building and all of
its tenants into compliance with zoning regulations.
In January 2002, I contacted the City of Dubuque w/th questions about the building.
At that t/me, Mr. Guy Hemenway informed me that I was occupying space in the
building without the proper zoning.
On October 14, 2000, in good faith, I began renting the space at 950 Cedar Cross
Road, Dubuque, IA, to relocate my office from Asbury, IA into the city of Dubuque. I
worked through a local, commercial realtor who had the unit listed for lease. Nothing
was ever brought to my attention that the unit might not be properly zoned for use as a
chiropractic office. In the lease, it even spelled out the intent of the use of this space.
Since this time, the building was sold to a new owner, Keith Wolff.
Before relocating, I took out a building p~mit from the City of Dubuque and invested
serial thousand dollars to build out the space. I was never informed by the city that the
use of this space as a chiropractic office might be a violation of the existing zoning for
the building.
I
I have now operated my business, Malone Family Chiropractic, out of this space for
the past fourteen months. During this time, I have never received any complaints from
the neighbors about how I've used my space. I am also unaware of any complaints made
about the other tenants in the building. I even had the mayor out to my office for a ribbon
cutting to celebrate our new location. Again, nothing was ever mentioned (or suspected),
as the building appears to be a general commercial estabhshment.
Over the past fourteen months, my office has grown nicely and in January of this year,
I made an offer to purchase the building from Mr. Wolff. The purchase is being made to
allow me to expand my office space while controlling my cost for space.
With an accepted offer, I contacted the City of Dubuque to obtain information about
the building. At that time, Mr. Guy Hemenway informed me that I was occupying space
in the building without the proper zoning.
I need to resolve this zoning problem for several reasons.
1. It is not economically feasible for me to move due to the cost of moving, because I
have already invested a great deal of money to build out the space and because of the
insurance and patient conflicts this is likely to create.
2. I am being denied financing for the purchase of this property until the zoning issue is
resolved. This is also holding up plans of the existing owner.
3. The City of Dubuque is interested in getting this zoning problem corrected.
Over the past few weeks, I have spent much time working with employees from the
City of Dubuque to determine how to best correct this problem. I believe that it is most
easily corrected by rezoning the property from CS to C3. I beheve that the city
employees also believe this to be the best way to resolve this issue. The property has
essentially been used as a C3 zoning for at least the past fourteen months without any
problems. The rezoning of this property also seems to fit into the City's strategic plan to
promote "Smart Growth Neighborhoods" with a great variety of local businesses so that
residents do not have to drive across the city to get what they need.
In closing, I wish to have the property at 940 to 990 Cedar Cross Road, Dubuque,
rezoned from CS - Commercial Service and Wholesale District to C3 - General
Commercial. I hope this information provides you with information needed to bring this
issue to resolution~ Thank you for your assistance in this matter.
Sincerely,
CS
! LI
AG
CS
Proposed Area to be Rezoned
Applicant: Ron Malone/Keith Wolff
Location: 940 to 990 Cedar Cross Road
Description: To rezone property from CS
Commercial Service & Wholesale District
to C-3 General Commercial District.
Proposed Area
to be Rezoned
March 29, 2002
C~TY OF DUBUQUE
Dolphin Custom Cabinets, Ino.
3160 Cedar Cross Court
Dubuque Iowa 52003
(563) 556-6881 office
(563) 556-2611 fax
To: The Zoning Advisory Commission
Frorrr Dean and Catherine Dolphin
Re: Rezoning for 940 to 990 Cedar Cross Road
Meeting scheduled Wednesday April 3~d. 2002
To Whom It May Concern,
We are the owners of a manufacturing business (Dolphin Custom Cabinets, Inc.- 3160
Cedar Cross Court) located just one block east of the business property known as 940 to
990 Cedar Cross Road. We also own residential property just 3 blocks north east of the
Cedar Cross Road property.
We will be unavailable to attend this rezoning meeting but wish to state to the Zoning
Advisory Commission that ,we are in favor of the rezoning from CS to C-3. We know
Mr. Malone to be a good businessman wi, th, high ethical values and trust our
neighborhood will only prosper from any changes in businesses located at these
addresses.
If you have any questions you may contact us during business hours.
Sincerely,
Catherine J. Dolphin
Dolphin Custom Cabinets, Inc.
REZONING STAFF REPORT
Zoning Agenda: April 3, 2002
Property Address:
Property Owner:
Applicant:
940 thru 990 Cedar Cross Road
Keith Wolff
Ron Malone
Proposed Land Use: Commercial
Proposed Zoning: C-3
Existing Land Use: Commercial
Existing Zoning: CS
Adjacent Land Use:
North ~ Commercial
East - Commercial
South -Industrial
West - AG/Commercial
Adjacent Zoning: North - CS
East - CS
South - CS
West -AG
Former Zoning:
1934-County; 1975-C-7;1985-CS TotalArea: 16,855s.f.
Property History: The property was under cultivation until 1979, when it was
annexed to the City and subsequently developed for a six tenant strip commercial
building. The property has continued as an occupied commercial building since its
construction in 1979.
Physical Characteristics: The property is an approximately .4 acre parcel with a 6,000
square foot steel multi-tenant building and associated sixteen space parking lot. The
property is situated on a corner lot at intersection fo Cedar Cross Court and Cedar
Cross Road with two similar strip commercial multi-tenant commercial buildings
adjacent. The lot is level and has access from Cedar Cross Court.
Concurrence with Comprehensive Plan: The Comprehensive Plan makes no
recommendations for this area.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site.
Traffic Patterns/Counts: The Iowa Department of Transportation 1997 average
daily traffic counts indicate 4,580 vehicle trips per day on Cedar Cross Road north
of Cedar Cross Court, and 6,200 vehicle trips per day on Cedar Cross Road south
of Cedar Cross Court. This represents an increase on Cedar Cross Road from the
1993 count of 5,400 just south of Cedar Cross Court.
Public Services: Existing public services are adequate to serve the site.
I
REZONING STAFF REPORT
Page 2
Environment: Staff does not anticipate any adverse impact to the environment
because the site is currently fully developed.
Adjacent Properties: The subject parcel is surrounded by primarily commercial
development and should have little impact on the use or value of adjacent
properties.
CIP investments: None proposed.
Staff Analysis: The applicant is proposing to rezone an approximately 1/3-acre parcel
from CS Commercial Service and Wholesale District to C-3 General Commercial zoning
district. The existing building is a 6,000 square foot multi-tenant strip commercial
building with 16 parking spaces. The parcel is fully developed and there is no room for
additional development. The applicant wishes to continue to operate a medical
chiropractic clinic at this location. The CS district does not permit medical clinics. The
C-3 district, however, does allow medical offices and other kinds of general retail not
permitted in a CS district.
Potential C-3 uses at this location may generate some additional traffic. The property
abuts an access along Cedar Cross Court and a minor arterial along Cedar Cross
Road. The amount of traffic generated by the center should have very limited impact
on traffic overall in this area which has been steadily increasing along Cedar Cross
Road. There is some overlap between C-3 and CS permitted uses and adjacent
commercial uses should experience limited impact from C-3 style commercial activity at
this location.
Prepared by: ~, J"'~b. dl~l,.J'~L/~ .'-'~/Reviewed:
Prepared by: Laura Carstens, City Planner Address: 50 W. 13th St., City Hall Telephone: 589-4210
ORDINANCE NO. 30-02
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT 950 CEDAR CROSS
ROAD 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 Appendix A (The Zoning Ordinance) 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 6, Block 4 Cedar Cross Industrial Park, and to the centerline of the
adjoining public right-of-way, all in the City of Dubuque, Iowa~
Section 2. 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 April ,2002.
Attest:
Terrance M. Duggan, Mayor-
Jeanne F. Schneider, City Clerk