Request to Rezone University Avenue at Asbury Property_Rainbo OilPlanning Services Department
City Hall
50 West 13~ Street
Dubuque, IA 52001-4864
(563) 589-4210 phone
(563) 589-4221 fax
(563) 690-6678 TDD
planning@cityofdubuque.
THE CITY OF Dubuque
DUB E
Masterpiece on the Mississippi
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March 7, 2008
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
Applicant: Rainbow Oil Company
Location: North of the intersection of University Avenue ~ Asbury Road
Description: To rezone property from R-1 Single-Family Residential District to C-2
Neighborhood Shopping Center 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
Ken Buesing, Buesing 8~ Associates, introduced Jill Reimer, representing Rainbo Oil
Company. He distributed an aerial photo and noted that the rezoning is necessary for
redevelopment of the property. He said the existing building will be demolished and
replaced with a new building. He said a meeting had been held with the neighbors and
that everyone appeared to be satisfied with the proposed project.
Staff Member Kritz outlined the staff report. He said that the area has been zoned
commercial and residential for quite some time. He discussed permitted uses in the C-2
District, adjacent uses, setbacks and screening and light requirements. He discussed
the proposed Asbury Road reconstruction and local traffic flow. He said that there will
be two driveway accesses from the proposed site; one to Asbury Road and one to
University Avenue.
One neighbor spoke about concerns with the hours of operation of the business,
drainage from the site, the potential for increase in traffic along Irving Street, and that
there is a potential conflict between the development and the proposed reconstruction
of Asbury Road.
The Zoning Advisory Commission discussed the request. Commissioners discussed
the building design. Commissioners asked if the Dog House would utilize the parking
lot. Ms. Reimer said that the Dog House will use a portion of the parking area.
Service People Integrity Responsibility Innovation
The Honorable Mayor and City Council Members
Rainbo Oil Rezoning Request
Page 2
Commissioners asked about screening and lighting requirements. Commissioners felt it
would be advisable to block the access to the lower drive after hours. Commissioners
felt that additional screening should be located along the top of the drive through and
along the top of the slope. Commissioners expressed concern with screening and
security issues for the back of the building. Commissioners said that the extra turning
lane will help improve traffic flow in the area and that screening and security measures
should alleviate the concerns raised by the neighbor.
Recommendation
By a vote of 6 to 0 the Zoning Advisory Commission recommends that the City Council
approve the request, with the following conditions:
1) The back access drive area be blocked to vehicular traffic after close of
business; and
2) That screening be provided at the rear of the building sufficient to screen
vehicles using the drive through and access drive from the adjacent
residential properties.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
~~ ~~~ ~
`~~ ~
Eugene Bird Jr., Chairperson
Zoning Advisory Commission
Attachments
cc Gus Psihoyos, City Engineer
F:\USERSUCmunson\WP\City Council\CC 03_17 081Rainiao Oil Rezoning 03_03_08.doc
Service People Integrity Responsibility Innovation Teamwork
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THE CTIY OF
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Dubuque
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PLANNING APPLICATION FORM
^Variance ^Planned District
^Conditional Use Permit ^Preliminary Plat
^Appeal ^Minor Final Plat
^Special Exception ^Text Amendment
united Setback Waiver ^Simple Site Plan
Rezoning ^Minor Site Plan
Please type or print legibly in ink
Property owner(s):
^Major Site Plan
^Major Final Plat
^Simple Subdivision
^Annexation
^Temporary Use Permit
93',2- 719
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Address: ~,~ ~ `7 r'//~~/" ~C./ {~' Ci State: 1 /~ Zi ..Jr
~.~ / r~ ty: p~ ~~/
Fax Number: .~,~ ~ - /.yh~/ MMobile/Cellular Number: ~1 ~/J -~3~.~~~
Applicant/Agent: /~ ~~)~1 ~~/ / ~~~,1//~ 1/'Y7~~ Phone: ~ 'L~/YJP
Address: .5%%i'~'1 f City:
City of Dubuque
Planning Services Department
Dubuque, IA 52001-4864
Phone:563-589-4210
Fax: 563-589-4221
^Certificate of Economic Non-Viability
^Certificate of Appropriateness
^Historic Designation
^Other:
State: Zip:
Fax Number: ~'!.2/'Y) e Mobile/Cellular Number: ` C.la'Y1 P
Site location/address:
Existing zoning: ~.~ Proposed zoning: ~ Historic District: Landmark:
Legal Description (Bidwell parcel ID# or lot number/block number/subdivision): 'U .~'~-' ~~~ ~~ ~ ~
Total properly (lot) area (square feet or acres):
Describe proposal and reason necessary (attach a letter of explanation, if needed):
n
CERTIFICATION: I/we, the undersigned, do hereby c rtify that:
1. 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 not guarantee approval; and
3. All additional required written and graphic materials are attached.
Property Owner(s): Y ~ Date: 1 ,2/ ~1d
Applicant/Agent: Date: / .r'~/~
FOR OFFICE USE ONLY -APPLICATION SUBMI AL CHECKLIST
Fee `~3~p• oo Received by: Date: /• • oBDocket:
^ Site/sketch plan ^ Conceptual Devel pment Plan ^Photo ^ Plat
^ Improvement plans ^ Design review project description ^ Floor plan ^ Other:
Prepared by: Laura Carstens. City Planner Address: Citv Hall. 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider, City Clerk, City HaH 50 W. 13 Street, Dubuque, IA 520014884 563-589-4121
ORDINANCE NO. 22 -08
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY
OF DUBUQUE CODE OF ORDINANCES, BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATEDNORTH OF THE INTERSECTION OF UNIVERSITY
AVENUE AND ASBURY ROAD FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO
C-2 NEIGHBORHOOD SHOPPING CENTERDISTRICT, WITH CONDITIONS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying the hereinafter described property fromR-1 Single-
Family Residential District to C-2 Neighborhood Shopping Center District, with conditions to wit:
Lot 1 of Mineral Lot 170, and to the center 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 effect iTlmediately upon publication, as provided by law.
Passed, approved and adopted this 17th day of March2008.
Roy D. Buol, Mayor
Attest:
Jeanne F.Schneider, City Clerk
F:\USERS\KmunsonlWP\BoardsCommissions\ZNC\Ordinances_Resolution90rdinances_Resolutions\Rainbo Oil Ordinance 02_26_08.doc
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5 (2005), and as an express condition of rezoning
of the property described as:
Lot 1 of Mineral Lot 170, and to the center line of the adjoining
public right-of--way, all in the City of Dubuque, Iowa.
which is the subject of Ordinance No. 22-08 , a copy of which is attached hereto
and incorporated herein by reference, the undersigned property owners, agree to the
following conditions, all of which the property owner further agrees are reasonable and are
imposed to satisfy public needs which are caused directly by the rezoning:
A) Performance Standards
1) The back access drive area shall be signed as no parking.
2) That screening be provided at the rear of the building sufficient to screen
vehicles using the drive through and access drive from the adjacent residential
properties.
B) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate
zoning reclassification proceedings to the R-1 Single-Family Residential District
(which rezoning will include the removal of the performance standards in Section A
above) if the property owner fails to complete any of the conditions or provisions of
this Agreement.
C) Modifications. Any modifications of this Agreement shall be considered a zoning
reclassification and shall be subject to the provisions of the Zoning Ordinance
governing zoning reclassifications. All such mod cations must be approved by the
City Council of Dubuque, Iowa.
D) Recording. A copy of this Agreement shall be recorded with the Dubuque County
Recorder as a permanent record of the conditions accepted as part of this rezoning
approval within ten (30) days of the adoption of Ordinance No. X04 -08.
E) Construction. This Agreement shall be construed and interpreted as though it were
part of Appendix A of the Code of Ordinances of the City of Dubuque, also known
as the Zoning Ordinance of the City of Dubuque, Iowa.
F) This Agreement shall be binding upon the undersigned and his/her heirs, successor
and assignees.
F:\USERSU(munson\WP\Cily Council\CC 03_17_081Rezoning Rainbo Oil 03_17_08Vtezoning Rainbo Oil MOA.doc
03/20/2008 08:28
Ma r. 18. 2008 3: 22PM
RAIN80 OIL
SMG FAX
IFAX)5fi3 557 1541
No. 141 I Y. j
ACCEPTANCE OF ORDINANCE NO. 22-08
I, Jill Reimer representing Rambo Oil Company, having read the terms and
conditions of the foregoirig Ordinance No. 22-08 and being familiar with the
conditions thereof, hereby accept this same and agree to the conditions required
therein.
Dated in Dubuque, Iowa this 19 day of March 2008.
Jill Reimer, Rainbo Oil Company
P. 002/002
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SECTION 3. DISTRICT REGULATIONS
3-3. Commercial District.
3-3.2. C-2 Neighborhood Shopping Center District:
(A) General-Purpose And Description: The C-2 District is intended to provide small commercial
centers serving small clusters of neighborhoods. The C-2 District will be carefully placed to
ensure that the size of the commercial center, the nature of uses permitted and the locational
characteristics are such that the grouping of such uses will not adversely affect surrounding
residences and do not detract from the residential purpose and character of the surrounding
neighborhoods. The C-2 District shall be located in neighborhoods where parking and traffic
can be adequately handled, and the square footage, hours of operation and intensity of uses
are compatible with the neighborhoods.
(B) Principal Permitted Uses: The following uses shall be permitted in the C-2 District:
~1) Railroads and public or quasi-public utilities including substations-[47].
(2) Residential uses above the first floor only-[6].
(3) Schools of private instruction-[4].
(4) General offices-[14].
(5) Personal services-[14].
(6) Barber beauty shops-[16].
(7) Gas station-[18].
(8) Retail sales/service-[17].
(9) Laundry/dry cleaner-[19].
(10) Shoe repair-[18].
(11) Automated gas station-[18].
(12) Indoor restaurant-[20].
(13) Tailoring/alterations-[18].
(14) Furniture/home furnishings-[27].
(15) Appliance sales/service-[27].
(16) Catalog center-[23].
(17) Laundromat-[22].
(18) Furniture upholstery/repair-[18].
(19) Artist studio-[5].
(20) Photographic studio-[23].
(21) Neighborhood shopping center-[17].
(22) Dental/medical lab-[8].
(23) Business services-[29]
(C) Accessory Uses: The following uses shall be permitted as accessory uses as provided in
Section 4 of this Ordinance:
(1) Any use customarily incidental and subordinate to the principal use it serves.
(D) Conditional Uses: The following conditional uses are permitted in the C-2 District, subject
to the provisions of Section 5 of this Ordinance and are the minimum requirements for
application to the Board of Adjustment for a conditional use permit:
(1) Medical offices, provided that:
(a) The parking group requirements can be met-[36].
(2) Drive-in/carry-out restaurant, provided that:
(a) Opaque screening shall be provided for adjacent residential uses as required under the
site plan review provisions of Section 4-4 of this Ordinance; and
(b) The parking group requirements can be met-[28].
(3) Drive-up automated teller, provided that:
(a) Ingress, egress and traffic flow shall be acceptable to the City site plan review team;
(b) Opaque screening shall be provided for adjacent residential uses in conformance with
the site plan review provisions of Section 4-4 of this Ordinance; and
(c) The parking group requirements can be met-[8].
(4) Self-service carwash, provided that:
(a) A minimum of three (3) stacking spaces per bay be provided; and
(b) Ingress, egress traffic flow shall be acceptable to the City site plan review team; and
(c) Opaque screening shall be provided for adjacent residential uses in conformance with
the site plan review provisions of Section 4-4 of this Ordinance; and
(d) The parking group requirements can be met-[8].
(5) Animal hospitaUclinic, provided that:
(a) All operations and activities shall be conducted and maintained within. a completely
enclosed building; and
(b) The parking group requirements can be met-[23].
(6) Banks, savings and loans, and credit unions, provided that:
(a) The parking group requirements can be met-[31].
(7) Group day care center provided that:
(a) Forty (40) square feet of indoor floor area (excluding halls and bathrooms) is provided
per child in areas occupied by cribs, thirty five (35) square feet of indoor area (excluding
halls and bathrooms) is provided per child in areas not occupied by cribs times the
licensed capacity; and seventy five (75) square feet of fenced outdoor recreation space is
provided per child using the space at a given time;
(b) The parking group requirements can be met [8];
(c) Such facility shall supply loading and unloading of children so as not to obstruct
public streets or create traffic or safety hazards;
(d) All licenses have been issued or have been applied for awaiting the outcome of the
Board's decision;
(e) Signage for asingle-family home shall be limited to one nonilluminated, wall-
mounted sign not to exceed four (4) square feet in area; and
(f) No group day care center may be located within the same structure as any gas station,
bar/tavern, automated gas station or any facility selling, servicing, repairing or renting
vehicles.
(E) Temporary Uses: The following uses shall be permitted temporary uses in the C-2 district:
(1) Building or trailer for storage of materials and/or equipment necessary for construction
authorized by a valid building permit, provided the location of the building or trailer has been
approved by the building official.
(2) Any use listed as a permitted use within the district of a limited duration as established in
section 2-5.3 of this ordinance and as defined in section 8 of this ordinance.
(F) Bulk Regulations:
Front yard setback: Ten feet (10') (20 feet for garages facing street).
Side yard setback: Zero feet (0')*.
Rear yard setback: Zero percent (0%) lot depth*.
Building height: Forty feet (40').
*Except where abutting a residential or office residential district, then six foot (6') side yard
and twenty percent (20%) lot depth rear yard setbacks required.
(G) Parking Requirements: See section 4-2 of this ordinance.
(H) Signs: See section 4-3 of this ordinance.
Prepared by: Laura Carstens C' Planner Address: Citv Hall, 50 W. 13th St Telephone: 589-4210
Retum to: Jeanne Schneider, City Clerk, City Hall- 50 W. 13 Street, Dubuque, IA 52001-4864 563-589-4121
ORDINANCE NO. -08
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY
OF DUBUQUE CODE OF ORDINANCES, BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED NORTH OF THE INTERSECTION OF UNIVERSITY
AVENUE AND ASBURY ROAD FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO
C-2 NEIGHBORHOOD SHOPPING CENTER DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying the hereinafter described property from R-1 Single-
Family Residential District to C-2 Neighborhood Shopping Center District, to wit:
Lot 1 of Mineral Lot 170, and to the center 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 effect immediately upon publication, as provided by law.
Passed, approved and adopted this day of , 2008.
Roy D. Buol, Mayor
Attest:
Jeanne F.Schneider, City Clerk
F:\USERS\KmunsonlWP\Boards-CommissionslZAC\Ordinances Resolutions\Ordinances Resolutions\Rainbo Oil Ordinance 02 26 08.doc
REZONING STAFF REPORT
Commercial
Property Address: Vacant lot behind the Southeast Corner of University Avenue &
Asbury Road (parcel #10.26.126.010)
Property Owner: Rainbow Oil Company
Applicant: Rainbow Oil Company/Jill Reimer
Proposed Land Use:
Existing Land Use
Adjacent Land Use:
Former Zoning
Vacant
North -Residential
East -Residential
South -Commercial
West -Commercial
Zoning Agenda: March 5, 2008
Proposed Zoning: C-2
Existing Zoning: R-1
Adjacent Zoning: North - R-1
East - R-1
South - C-2
West - C-2
1934 -Single-Family; 1975 - R-2; 1985 - R-1
Total Area: Approximately 1/3 of an acre
Property History: The current vacant convenience store has never been developed.
The property was filled a couple of years ago to its current configuration, but has remained
vacant.
Physical Characteristics: The subject property lies below the existing vacant convenience
store at the corner of University Avenue and Asbury Road and the hillside slopes to the
northeast.
Concurrence with Comprehensive Plan: The proposed rezoning involves the
Comprehensive Plan's Land Use Element: Goal 2.2, 2.3, 6.2, 7.1, 7.2, 7.3, 8.2, and 9.2.
Impact of Request on:
Utilities: Existing utilities are sufficient to accommodate any future development of the
subject parcel.
Traffic Patterns/Counts: Asbury Road is classified as a minor arterial, and based on
2005 IDOT traffic counts, carries approximately 14,500 average daily trips.
Public Services: Existing public services are adequate to serve the site.
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 of the parcel.
Adjacent Properties: Development of the subject parcel could increase the ambient
light and noise levels to the surrounding residential properties.
Rezoning Staff Report -Rainbow Oil Page 2
CIP Investments: None proposed.
Staff Analysis: The applicant is proposing to rezone the subject parcel from R-1 Single-
Family Residential District to C-2 Neighborhood Shopping Center District. The subject
property is located behind the existing vacant convenience store located at the corner of
University Avenue and Asbury Road.
The applicants are requesting the rezoning to facilitate development of a new multi-tenant
commercial building that will be partially located on the parcel to be rezoned. The proposed
building will have a Dairy Queen as one of the tenants in the building with adrive-thru facility
at the rear of the building. The applicants also are seeking a conditional use permit for the
facility from the Zoning Board of Adjustment and will have their request heard at the Board's
March 27, 2008 meeting.
The applicants are negotiating with the City of Dubuque regarding swapping of property for
future roadway improvements. There is an existing platted, but not developed, alley that
runs along the back side of the existing vacant convenience store. The applicant and the
City are negotiating swapping the alley right-of-way for additional frontage along University
Avenue to facilitate a new right-turn lane.
The subject parcel was filled in previous years, and the attached aerial photograph shows
that the embankment comprises three quarters of the parcel. The subject parcel backs up to
residential structures along Avoca, Decorah and Irving Streets.
The C-2 Neighborhood Shopping Center District is intended to be located adjacent to
residential properties. Setbacks for the building would be 20% of the lot depth. This would
translate to approximately a 50 foot setback which would only extend two thirds of the way
up the embankment. Where commercial C-2 zoning is adjacent to residential zoning, the
Zoning Ordinances requires that a 6 foot high line of screening be required, unless there is
parking in the rear, then only a 3 foot high screen is required.
Attached to this staff report is a copy of the C-2 Neighborhood Shopping Center District
regulations. The proposed C-2 zoning would be considered an expansion of the existing C-
2zoning district that is along both University Avenue and Asbury Road frontage.
Planning staff recommends that the Zoning Advisory Commission review Section 6-1.1 of the
Zoning Ordinance that establishing criteria for the review of rezoning requests.
Prepared by: ~ Reviewed: ill/,A- Date: ~ •ZG '~~
F:\USERS\Kmunson\WP\Boards-Commissions\ZAC\Staff Reports\ZAC Staff Reports 20081Rainbo Oil Rezoning 02_26_08T.doc