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Rhomberg, 800, Arthofer, C & J(563) 5894210 office (563) 5894221 fax planning~cityofdubuque.org November 13, 2001 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 RE: Rezoning Applicant: Charles & Joyce Arthofer Location: 800 Rhomberg Avenue Description: To rezone property from C-1 Neighborhood Commercial and R-2A Alternate Two-Family Residential District to CS Commemial Service and Wholesale District. Dear Mayor and City Council Membem: The 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 stating that he requested the rezoning to permit him to construct a freestanding sign and to have the ability to reconstruct his buildings if they are destroyed beyond 75 percent of their replacement value. Staff reviewed the rezoning request, noting that the existing car lot is a grandfathered use as the C-1 District does not allow car lots as a permitted use. The Commission received letters in opposition from neighboring property owners who had concerns with environmental issues, increased traffic, decline in property values, and the range of future uses. There were several people who spoke with concerns regarding the wide range of permitted uses in the CS District. The speakers indicated they did not object to the current car lot. The Zoning Advisory Commission discussed the request, noting that a grandfathered use is anticipated to eventually be replaced by a permitted use and that the C-1 District is often surrounded by a residential development, thus making it extremely important to be careful when considering rezoning of a C-1 parcel. Recommendation By a vote of 5 to 2, the Zoning Advisory Commission recommends that the City Council deny the request. The Honorable Mayor and City Council Members November 13, 2001 Page 2 A simple majority vote is needed for the City Council to concur with the denial. A super majority vote is necessary to approve the request. Respectfully submitted, Eugene Bird, Jr., Chairperson Zoning Advisory Commission Attachments City of Dubuque Planning Services Depar[ment Dubuque IA 52001-4864 Phone: 319-589-4210 Fax: 319-589-4149 [] Variance [] Conditional Use Permit [] Appeal [] Special Exception [] Limited Setback Waiver PLANNING APPLICATION FORM J,~q~ezoning [] Planned Distdct [] Preliminary Plat [] Minor Final Plat [] Text Amendment u Simple Site Plan u Minor Site Plan ~ Major Site Plan [] Major Final Plat [] Simple Subdivision [] Annexation [] Temporary Use Permit [] Certificate of Appropriateness [] Certificate of Economic Hardship [] O~er. PLEASE TYPE OR PRINT LEGIBLY IN INK Property Own e r(s):/4~../--L/.,ZC~'z'£,5' Address: Fax Number: Applican~Agent: Address: Fax Number: Site Io~tio~address: Mobile/Cellular Number: Mobile/Cellular Number: State:~4z.~ Zip: Existing zoning:/---[/~--C~roposed zoning:_~'~ Histodc district: I,J,E) State: Phone: __ Zip: Legal description (Sidwell Pamel ID number or lot numbeflblock numbedsubdivision): I'D- ~ -'L~,~ J Landmark: Total property (lot) area (square feet or acres): t.'~; ~ ~ O Number of lots: Describe proposal and r~ason necessary (attach a letter of explanation, if needed): -~'~ ~..~::~ CERTIFICATION: I/we, the undersigned, do hereby certify that: becomes public record; 2. Fees are not refundable and payment does not guarantee approval; and 3. All additional requi.r~d written and grap~ materials are attached. Applicant/Agent: The information submitted herein is true and correct to the best of my/our knowledge and upon submittal Date: Date: Fee:~¢~-~). ~ ¢ RecJved by: ~:~¢-,&-"~ r Date: ,~ l(D ~ Docket: [] Property ownership list [] Site/sketch plan [] Floor plan [] Plat [] Conceptual development plan [] Improvement plans u Design review project description [] Photo [] Other: RHOMBERG AVE. AUTO MART CHUCK and JERRY ARTHOFER 800 RHOMBERG AVENUE DUBUQUE, IOWA 52001 (319) 582-3554 Proposed area to be rezoned Applicant: Charles & Joyce Arthofer Location: 800 Rhomberg Avenue Description: To rezone property from C-1 Neighborhood Commercial District and R-2A Alternate Two-Family Residential District to CS Commercial Service and Wholesale District,. REZONING STAFF REPORT Zoning Agenda: October 3, 2001 Property Address: Property Owner: Applicant: 800 Rhomberg Charles Arthofer Charles Arthofer Proposed Land Use: Auto sales & service Proposed Zoning: CS Existing Land Use: Auto sales & service Existing Zoning: C-1/R-2A Adjacent Land Use: North - Single & Multi-Family Adjacent Zoning: North - R-2A Residential East - Office/Commercial East - C-1 South - Single & Multi-Family Residential South - R-2A West - Commercial West - C-1 Former Zoning: 1934- Business B; 1975- C-1/R-3; Total Area: 13,400 sq. ft. 1985- C-1/R-2A Property History: The property served as a residential lot until 1964 when the residence was replaced by the Dog and Suds drive in. In the 1970's the drive in was converted to a used automobile dealership. A service garage was added to the property in 1975. Physical Characteristics: The property consists of two level lots that total approximately 14,000 square feet. The tot to the north has a 1,400 square foot shop and the lot to the south has an approximately 3,000 square foot office and ceverad canopy area for automobile display. The lots are bordered by Rhomberg Avenue, Stafford Street and an alley. Concurrence with Comprehensive Plan: The Comprehensive Plan makes no recommendation for this area. Impact of Request on: Utilities: Existing utilities are adequate to serve the site. Traffic Pattems/Counts: Rhomberg Avenue at this location is heavily traveled and the continuation of the existing automobile dealership and service area should not generate additional traffic at this location. However, other CS uses may generate additional traffic and activity at this location. Public Services: Existing public services are adequate to serve the site. REZONING STAFF REPORT Page 2 Environment: Staff does not anticipate any adverse impact. Adjacent Properties: The property is bordered on two sides by existing commercial and office commercial development. The property is separated from the residential development to the south by the Stafford Street right-of-way and is buffered by a fence from the residential development to the north. Continuation of the automobile dealership at this location should have very limited impact on adjacent properties. However, other uses permitted in a CS District such as a contractors shop and yard may generate additional traffic, noise and activity, and could potentially have a negative impact on the adjacent residential properties. CIP Investments: None proposed. Staff Analysis: The request is to rezone two parcels of property, currently zoned C-1 Neighborhood Commercial and R-2A Two-Family Residential, to CS Commercial Service and Wholesale Zoning District. The property is currently an automobile sales and service lot and is a legally established non-conforming use. The shop and garage area is located on an approximately 7,000 square foot lot to the north which is zoned R- 2A. The office, canopy and most of the display area are located on the lot to the south, which is C-1. The applicant is asking to rezone both lots to CS so that he can continue operating his business as a conforming use, with the ability to add signage that is limited by C-1/R-2A zoning. The applicant has expressed his willingness to limit any other uses on this property as a condition of the rezoning. Prepared by: (4"t--¥E-.~-,,~C_-~.t~u~--1Reviewed: ~ Date: /o/$-/,~/ , / Prepared by: Laura Carstens, City Planner Address: 50 W. 13th St, C~ Hall Telephone: 589-4210 ORDINANCE NO. -01 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 800 RHOMBERG AVENUE FROM C-1 NEIGHBORHOOD COMMERCIAL DISTRICT AND R-2A ALTERNATE TWO-FAMILY RESIDENTIAL DISTRICT TO CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That AppendixA (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property from C-1 Neighborhood Commercial District and R-2A Alternate Two-Family Residential District to CS Commercial Service and Wholesale District, to wit: Lot 16, SW 6'8' of Lot 15 and NE 40' of Lot 15, Dreibelbis Addition, and to the centerline line 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 affect immediately upon publication, as provided by law. Passed, approved and adopted this day of ,2001. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider City Clerk C~TY Of DUBUQUE SEP 2 7001 TO: ZONING ADVISORY COMMISSION SUBJECT: REZONING PROPERTY AT 800 RHOMBERG IT IS REQUESTED THAT THE REZONING REQUEST BE DENIED UNTIL THE APPLICANT CONFORMS TO ACCEPTABLE ENVIRONMENTAL STANDARDS AND CITY CODE. MR ARTHOFER HAS CONSISTENTLY CLEANED ENGINE COMPARTMENTS AND WASHED CARS ON PUBLIC PROPERTY. TO AVOID OIL,GREASE , DIRT AND ANTI - FREEZE FROM RUNNING ONTO HIS CAR LOT, MR ARTHOFER HAS BUILT A SMALL DIVERSION DAM (OUT OF ASPHALT) ACROSS THE BACK OF HIS LOT. THE RUN OFF IS DIVERTED DOWN THE ALLEY THEN SOUTH ON STAFFORD PAST THE HOFFMAN INDUSTRIAL DEVELOPMENT CENTER AND SOUTH ON GARFIELD. OVER THE YEARS NUMEROUS PHONE CALLS HAVE BEEN MADE TO THE CiTY HEALTJ4 DEI~ARTMENT WITH NO RESULTS. UNTIL MR ARTHOF]ER ]~I~COMES A RESPONSIBLE ENVIRONMENTLY DU549 CH-01.TXT (3) permitted and conditional uses in the C-1 District: (1) The use shall be established in au cxis~ structure that was designed for public, quasi-public, commercial, office, i~stitmional, or industrial use. (2) The s~ucture was never conv~d to a residential use after the effective date of this sectiom (3) The use shall be conducted entirely within the saxtcture. (4) There shall be no outdoor storage of equipment or materials on the property or adjacent public ~ight-of-way. (5) All vehicles [in] excess of two (2), used in conjunction with the use shall be stored within a building when they remain on the property overnight or during periods ofnonuse, unless an alternate parking location is provided in a properly zoned are~ (6) No mechanical, electrical, or other equipmeat which produces electrical or magnetic interference, vibration, heat, glare, odor, noise or other nuisances shall occur outside the s~ucture which houses the use. C~TY OF DUGUQUE OCT 0 ~ ZOO1 Planning Services Department City Hall 50 West 13th Street Dubuque, la 52001-4864 721 Rhomberg Ave Dubuque, IA 52001 October 2, 2001 To Whom it may concern I, Dennis J Young, and my wife, Mary Ann Young, are opposed to changing the zoning on property located at 800 Rhomberg Ave from C-1 neighborhood commercial and R-2A Alternate Two-Family residential to C-3 General Commercial District. We are opposed for the following reasons 1) We feel that with the change in zoning that the value of our property will drop and traffic will increase on Rhomberg Avenue. 2) If the zoning is granted to the current owners, they could sell the property and a new business could move in that would come under a C-3 General Commercial District but not be for a neighborhood situation.. We would agree for the zoning change only if when the property is sold it would revert to the current zoning now. Thank you for your tiime ,~ennis,J Young Mary Ann Young.