Request to Rezone a Portion of Property at 1091 Rockdale Rd_Lange_Withdrawn Copyrighted
May 21 , 2018
City of Dubuque Public Hearings # 3.
ITEM TITLE: Request to Rezone a Portion of Property at 1091 Rockdale
Road
SUMMARY: Proof of publication on notice of public hearing to consider
approval of a request by Christopher Lange to rezone a
portion of property at 1091 Rockdale Road from R-4 Multi-
Family Residential District to C-3 General Commercial
District and the Zoning Advisory Commission
recommending denial.
ORDINANCE Amending Title 16 of the City of Dubuque
Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located at
1091 Rockdale Road from R-4 Multi-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 Material Supporting Documentation
Vicinity Map Supporting Documentation
Staff Material Supporting Documentation
Ordinance Ordinance
Suggested Nbtion Wording Supporting Documentation
Planning Services Deparhnent
Ciry Hall Du6uque
50 West 13�h Street THE CTTY OP �
Dubuque,IA 52001-4864 �� uFlmrinutl
(563)589-4210 phone � V L L 1 I I�t ��I
(563)559-4221 fax �
(563)690-6678 TDD �
planninQ��citwfdubuque.ocg L�[dSt21 f72BC2 012 f�1C MlSS15Slp�'J2 Z°°rZoiz
2013 2017
May 8, 2018
The Honorable Mayor and City Council Members ,
City of Dubuque '.
City Hall — 50 W. 13�h Street '
DubuquelA 52001
Applicant: Christopher J. Lange
Location: 1091 Rockdale Road
Description: To rezone a portion of the property from R-4 Multi-Family Residential 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 applicanYs attorney, Davin Curtiss, spoke in favor of the request, reviewing the mix
of uses in the neighborhood, and that the area to be rezoned is only the existing storage
garages. He explained the property has a 10-unit residential building on it, and is
located across from Conlon Construction, a dental office, and Glenview Motel on
Rockdale Road. He said the rezoning entails a small portion of 1091 Rockdale Road.
He referred to a map and explained that only a portion around an existing garage will be
rezoned to C-3. He said the intent will be to allow the detached garages to be rented
out for storage. He said the remaining property will not change and would continue to
be operated as a 10-unit residential property.
Staff reviewed the staff report, surrounding zoning and land use and previous use of the
site. Staff reviewed the site plan review process, noting that the applicant was informed
of the restriction that storage garages were only available to tenants. Staff reviewed the
allowed uses in the C-3 District and area proposed to be rezoned.
i
There were several public comments from neighbors regarding concerns that the i
change in zoning will have a negative impact on property values, is not consistent with I
surrounding zoning and development pattern, and opposition to non-residents using the
garages for storage.
The Zoning Advisory Commission discussed the request, reviewing C-3 uses and
limited nature of requested area to be rezoned. Commissioners felt that it represents a I
spot zone when the majority of the area is zoned for residential use.
Scivice People Integrity Respo�sibIlity Innovafion Teamwork
The Honorable Mayor and City Council Members '
Page 2
Recommendation
By a vote of 1 to 5, the Zoning Advisory Commission recommends that the City Council
deny the request.
A simple majority vote is needed for the City Council to deny the request.
A super majority vote is needed to approve the request over the Commission's denial.
Respectfully submitted,
��—/� ��,�
Thomas Henschel, Chairperson
Zoning Advisory Commission
Attachments
Service Peoplc Inkegrity Responsibllity Iniovation Teamwork
7'HH CITY Of
City of Dubuque
DT 7� � Planning Services Department
�J Dubuque, IA 52001-4805
Mnsterpiece on tlte Mississippi Phone: 563-589-4210
Fax: 563-589-4221
planninqC�citvofdubuoue 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-Viabilitv
❑Special Exception ❑Simple Site Plan ❑Annexation ❑Historic Designation �noose o�e
❑Limited Setback Waiver ❑Minor Site Plan ❑Historic Revolving Loan ❑Demolition
❑�Rezoning/PUD/ID ❑Major Site Plan ❑Historic Housing Grant ❑Port of Dubuque Design Review
Please tvpe or orint leaihlv in ink
Pro e Christopher J. Lange 563 581-6386
p rty owner(s): Phone:
Addres5:2659 White Street �.� Dubuque state: �P` Z;P:52001
Fax #: ce�� #: 563 581-6386 E-ma.i: imrabbit67@gmail.com
Applicant/Agent: Phone:
Addre55: 1091 Rockdale Road City: State: Zip:
Fax #: Cell #: E-mail:
Site location/address: Neighborhood Association: N�A
R-4 � C-3 N/A
Existing zoning: Proposed zoning: District: Landmark: ❑Yes ❑� No
Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): �0-336-4�3-047
Total property(lot) area (square feet or acres):A pOf'flOtl Of thE 2.5 BCCeS 0111y
Describe proposal and reason necessary(attach a letter of explanation, if needed):
To rezone�he designated ponion of Ihe property from R-4 Multi-Family Residen�ial to C3 General Commemial lo accommodate tM1e use of on site garage units
by residential tenants and by non-tenant third parties.
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 e attached.
P�opem,oW�er�s�: Christpher J. Lange � ,I ,y� oare: January 29, 2018
� �
nPPr�a�rin9ene: Same as above ` oate: January 29, 2018 �
� FOR OFFICE USE ONLY—APPLICATION SUBMITTAL CHECKLIST
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' Applicant: Christopher J. Lange
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REZONING STAFF REPORT Zoning Agenda: May 2, 2018
Property Address: 1091 Rockdale Road
Property Owner: Christopher J. Lange
i
Applicant: Christopher J. Lange i
Proposed Land Use: Commercial Proposed Zoning: C-3
Existing Land Use: Residential Existing Zoning: R-4 Multi-Family
Adjacent Land Use: North — Residential Adjacent Zoning: North — R-4 �
East — Commercial East — OS �
South — Residential South — R-1
West — Residential West — R-1
Former Zoning: 1934 — Total Area: 2.5 acres
1975 —
1985 —
Property History: This property is currently used as an apartment building. Planning
staff believe the structure was originally built as a road side motel when Rockdale Road
was part of the route for U.S. Highway 61.
Physical Characteristics: The subject property has frontage on Rockdale Road and
generally drains to the southeast.
Future Land Use Map: Multi-family.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site.
Traffic Patterns/Counts: Based on 2013 IDOT counts, Rockdale Road carries
4,900 average daily trips.
Public Services: Existing public services are adequate to serve the property.
Environment: Staff does not anticipate any adverse impact to the environment as
the structure is already built.
Adjacent Properties: The subject property is located in a primarily residential area
and the proposed area to be rezoned has single-family detached dwellings on two
Rezoning Staff Report — 1091 Rockdale Road Page 2 '�
sides to the west and south. The rezoning of the parcel to C-3 to allow self-storage
units should have little impact on adjacent properties.
CIP Investments: None proposed.
Staff Analysis: The applicant is requesting to rezone a portion of the parcel at 1091 I
Rockdale Road from R-4 Multi-Family Residential District to C-3 General Commercial ',
District. The applicant is seeking only the rezoning of the existing storage buildings i
behind his existing apartment building at the same address. '
The applicant constructed the new storage buildings in 2017 for the purpose of
providing storage space for tenants of the adjacent apartment building. City staff was
alerted to the fact that the units were being used for storage by people other than the
tenants of the apartment building which is not an allowed accessory use to the
apartment building, and contacted the property owner. The property owner is
requesting the C-3 General Commercial District be applied only to the storage buildings
to allow the renting out the units to the general public.
As part of the site plan review process prior to construction of these units, a site plan
approval letter was issued and signed by the property owner, and as part of that, the
regulation was included in the approval letter that the individual garage units were
restricted to personal storage by tenants of the apartment units at 1091 Rockdale Road.
Planning staff has attached to this staff report a copy of the C-3 District regulations that
includes a list of allowed uses and setbacks.
Planning staff recommends the Zoning Advisory Commission review the criteria
established in Section 9-5 of the Unified Development Code regarding property
reclassification applications.
Preparedby: � /, . Reviewed: dtJ�� Date: yl�• /8
5-13 C-3 General Commcrcial
The G3 District is intended to provide locations for coromcrcial uses �vhich are designed to scrve the
motoring public or uses requiring hi�hw�y or arterial Iocations.
5-131 Principal Permitted Uses
The following uses are permitted in the C-3 district
I. Agricultw�al supply sales
2. Animal hospital or clinic
3. Artist studio
4. Auditorium or assembly hall
5. Bakery (�vholesale/commercial)
6. Bank, savin�s and loan,or credit union
7. Bar or tavern
S. Barber or beauty shop
9. Business services
l0. Car«�ash,full service
11. Car�vash, self sen�ice
12. Construction supply sales or service
13. Contractor shop or yard
14. Dental or medical lab
l5. Department store (60,000 square feet maximum)
16. Farm implement sales or service
17. Furnihire upholstery or repair
18. Gas station
19. General oftice
?0. Grocery store
21. Hotel
22. Indoor amusement arcade
23. Indoor recreation facilit��
24. Incloor restaurant
25. Indoartheater
26. Laundry,dry cleaner, or laundromat
27. Medical office
28. Mini-�varehouse
29. Mobile or manuflctured home sales or service
30. Mortuary or funeral home
31. Movii��or storagc facility
32. Museum or libraq�
33.Neighborhood shopping center
34. Parkina structure
35. Pet daycare or grooming
36. Photographic studio
37. Place of reli�ious e�ercise or assembly
38. Printina or publishina
39. Private club
40. Public or private park, golf course, or similar natural recreation areas
41.Railroad or public or quasi-ptiblic utility, includin�substation
42. Re,idential use above the first floor only
43. Restaurant, drive in or carryout
44. Retail sales and sen;ice
45. School of priv2te instruction
46. Scrvice station
47. Tattoo parlor
43. Tourhomc
49. Vehicle body shop
50. Vehicle sales or rental
5]. Vehicle servicc or repair
52. Vendin�or game machine sales or service
�3. �Vholesale sales or distributor
�-13.2 Conditional Uses
The fo(lo�vin�conditional uses may be permitted in the C-3 District, subject ro the provisions of Section
8-5:
1. Licensed adult da�� serviccs
2. Licensed child care center
3. Outdoor rea'eation or outdoor amusement center
4. Passenger transfer facilit}�
5. �Vind energy conveision system
�-13.3 Accessory Uses
The follo���ina iues are pe�mitted as accessory uses as provided in Section 3-7:
l. Any use custom2ril�� incidental and subordinate to the principal use it serves
2. G�ematorium accessory to a mortuary or funeral home
3. �Vind turbine (buildin�-mounted)
5-13.4 Temporar��Uses
Temporary uses shall be regulafed in conforntance «�ith the provisions of Section 3-19.
5-13.� Parking
Minimum parking requirements shall be reoulated in conforma�ce���ith the provisions of Article 14.
5-13.6 Si�ns
Si�ns shall be regulated in conformance �vith the provisions of Article 15
5-13.7 13u1k Regulations
_,,.
. -
� - r.
� -
., , ., �
Licensed adultdaysennces,
Licensed child care center 5,000 50 50 20 -- -- -- 40
Vehide sales 20,000 -- -- 20 -- — -- 40
NIOIherUses -- -- --- 2� --- -- -- 40
'V�hen abutting a residential oroffice-residential district,a 20 footside selback is requlred.
'When abutting a resldential or offce-residential district,a 20 foot rear setback is required.
Prepared by: Laura Carstens. Citv Planner Address: Citv Hall. 50 W. 13th St Telephone: 589-4210
Return to: Kevin FimstahL CiN Clerk Address: Citv Hall-50 W. 13t°St Telephone: 589-4121
ORDINANCE NO. -18
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT 1091 ROCKDALE ROAD FROM R-4 MULTI-
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-4 Multi-Family Residential District to -3 General Commercial District, to wit:
As shown in Exhibit A, and to the centerline of the adjoining public right-of-way, all in
the city of Dubuque, lowa.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, lowa.
Section 3. This ordinance shall take effect immediately upon publication, as
provided by law.
Passed, approved and adopted this day of 2018.
Roy D. Buol, Mayor
Attest:
Kevin S. Firnstahl, City Clerk
Suggested Motion Wording for Ordinances - Motion B / Motion A
Motion B
I move to receive and file the communications and further move that the requirement
that a proposed Ordinance be considered and voted on for passage at two Council
meetings prior to the meeting at which is to be finally passed be suspended.
Second & vote called; then:
Motion A
I move final consideration and passage of the Ordinance.
Second & vote called
If Motion B does not pass:
I move to receive and file the communications and I move first (or second) consideration
of the Ordinance.
Upon third reading:
I move final consideration and passage of the Ordinance.
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
Christopher J. Lange
2659 White St.
Dubuque IA 52001
Masterpiece on the Mississippi
RE: City Council Public Hearing — Rezoning Request
Dear Applicant:
Dubuque
All- Imago Ci¢
xx1.2z
1111/1
2007.2012
2013.2017
May 3, 2018
The City Council will consider your request to rezone property located at 1091 Rockdale
Road at a public hearing on Monday, May 21, 2018. 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 6:00 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.
Sincerely,
Kyle L. Kritz
Associate Planner
Enclosures
cc: Kevin Firnstahl, City Clerk
Service People Integrity Responsibility Innovation Teamwork
Kevin Firnstahl
From: Davin C. Curtiss <DCurtiss@OCTHOMASLAW.COM>
Sent: Monday, May 21, 2018 2:19 PM
To: Laura Carstens
Cc: Kyle Kritz; Charles Miller; Kevin Firnstahl; Maureen Quann; Crenna Brumwell; Mike. Van
Milligen
Subject: RE: Chris Lange Proposal
Thank you, Laura.
Chris Lange withdraws his re -zoning request and agrees to bring his property into compliance on or before August 1,
2018.
Davin
Davin C. Curtiss, J.D.
Licensed in Iowa, Illinois, & Wisconsin
O'Connor & Thomas P.C.
1000 Main Street
Dubuque, IA 52001
P: 563-557-8400 ext 250
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For further information regarding any of the above notices, please visit: http://www.octhomaslaw.com. Thank you.
From: Laura Carstens [mailto:Lcarsten@cityofdubuque.org]
Sent: Monday, May 21, 2018 1:53 PM
To: Davin C. Curtiss
Cc: Kyle Kritz; Charles Miller; Kevin Firnstahl; Maureen Quann; Crenna Brumwell; Mike Van Milligen
Subject: RE: Chris Lange Proposal
Importance: High
Davin,
1
Kevin Firnstahl
From: Kevin Firnstahl
Sent: Monday, May 21, 2018 10:45 AM
To: City Council
Cc: Laura Carstens
Subject: FW: 1091 Rockdale Rd Public Hearing
Council Members,
I am forwarding a citizen correspondence regarding tonight's public hearing on rezoning 1091 Rockdale Rd.
Hard copies will also be provided at the meeting.
Thank you.
Kevin S. Firnstahl, City Clerk
50 W. 13th Street
Dubuque, IA 52001
kfirnstapcityofdubuque.org
563-589-4100
From: Kris Fair <thefourfairs@yahoo.com>
Sent: Monday, May 21, 2018 8:19 AM
To: Luis Del Toro
Subject: 1091 Rockdale Rd
Mr, Del Toro,
I am not able to attend the meeting tonight May 21st regarding this property. I however, would like to
express my concern about having this property zoned C-3. Christopher Lange knew he did not have
the proper zoning to build a storage unit to lease out, yet he still went ahead and built it anyway,
leased out the unit(s) and now because he got caught wants to get the proper zoning. I am sure this
may happen more often than I am aware of, but to me, he knew what he built was not zoned correctly
and tried to get away with it. I do not think this is how we should be running our city. Also, he never
got a fine or penalty but as a tax payer, the City had to send someone out to inspect after getting a
complaint and again Christopher Lange paid none of that expense.
Also, on Sunday, April 29th, I had a lady come to my door and tell me she wanted to talk about the
zoning on this property. I told her I already called the City and found out Christopher knew before he
built the units they could not be leased out and he built it any way. She said I was wrong and was
given the wrong information,, she was very rude and said, Christopher is only trying to get it re -zoned
so his brother can store one car there. I doubt this is the case.
currently rent a storage unit in Dubuque and I find there is a lot of garbage and things left behind,
not by me but other renters. My property is behind these units and I do not need to have garbage
blowing into my backyard as I take great pride in my home and property. I am against this being re-
zoned. And if it is re -zoned, maybe having a fence put up to block things from blowing into my
yard. Also, he could put anything commercial on this property if it is re -zoned and that concerns me
and the affect that could have on my property value. Today he may say it is for these storage units
but who is to stop him for adding something else.
1
Thank you for your time, and please vote no as the zoning committee did to re -zone the area he is
looking to re -zone.
Kris Fair
1405 Oeth Ct.
Click here to report this email as spam.
2
Kevin Firnstahl
From:Kevin Firnstahl
Sent:Monday, May 21, 2018 10:45 AM
To:City Council
Cc:Laura Carstens
Subject:FW: 1091 Rockdale Rd Public Hearing
Council Members,
I am forwarding a citizen correspondence regarding tonight’s public hearing on rezoning 1091 Rockdale Rd.
Hard copies will also be provided at the meeting.
Thank you.
Kevin S. Firnstahl, City Clerk
th
50 W. 13 Street
Dubuque, IA 52001
kfirnsta@cityofdubuque.org
563-589-4100
From: Kris Fair <thefourfairs@yahoo.com>
Sent: Monday, May 21, 2018 8:19 AM
To: Luis Del Toro
Subject: 1091 Rockdale Rd
Mr. Del Toro,
I am not able to attend the meeting tonight May 21st regarding this property. I however, would like to
express my concern about having this property zoned C-3. Christopher Lange knew he did not have
the proper zoning to build a storage unit to lease out, yet he still went ahead and built it anyway,
leased out the unit(s) and now because he got caught wants to get the proper zoning. I am sure this
may happen more often than I am aware of, but to me, he knew what he built was not zoned correctly
and tried to get away with it. I do not think this is how we should be running our city. Also, he never
got a fine or penalty but as a tax payer, the City had to send someone out to inspect after getting a
complaint and again Christopher Lange paid none of that expense.
Also, on Sunday, April 29th, I had a lady come to my door and tell me she wanted to talk about the
zoning on this property. I told her I already called the City and found out Christopher knew before he
built the units they could not be leased out and he built it any way. She said I was wrong and was
given the wrong information, she was very rude and said, Christopher is only trying to get it re-zoned
so his brother can store one car there. I doubt this is the case.
I currently rent a storage unit in Dubuque and I find there is a lot of garbage and things left behind,
not by me but other renters. My property is behind these units and I do not need to have garbage
blowing into my backyard as I take great pride in my home and property. I am against this being re-
zoned. And if it is re-zoned, maybe having a fence put up to block things from blowing into my
yard. Also, he could put anything commercial on this property if it is re-zoned and that concerns me
and the affect that could have on my property value. Today he may say it is for these storage units
but who is to stop him for adding something else.
1
Thank you for your time, and please vote no as the zoning committee did to re-zone the area he is
looking to re-zone.
Kris Fair
1405 Oeth Ct.
Click here to report this email as spam.
2