Request to Rezone 607 E. 22nd Street_WheelockTHE CITY OF DUBUQUE
Masterpiece on the Mississippi
Dubuque
All-American City
2007
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@cityof dubuque.org
January 12, 2009
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
Applicant: Paul Wheelock
Location: 607 E. 22nd Street
Description: To rezone property from C-1 Neighborhood Commercial District, with
conditions, to C-1 Neighborhood 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, noting that the existing conditions make
leasing the tenant spaces exceedingly difficult. The applicant noted that most
businesses open before 10:00 a.m.
Staff reviewed previous requests for the subject property in 1992 and 1996. Staff
reviewed surrounding zoning, land use and traffic.
There was a neighboring resident who spoke in opposition to removing the existing
conditions except for hours of operation. The resident stated that the other conditions
are necessary to ensure that any future business does not adversely impact traffic and
parking, and doesn't become a hangout for school-age kids.
The Zoning Advisory Commission discussed the request, noting that the small size of
the parcel and the requirement that many of the businesses allowed the C-1 District
require a conditional use permit will limit potential negative impacts to surrounding
residential properties.
Recommendation
By a vote of 7 to 0, the Zoning Advisory Commission recommends that the City Council
approve the request subject to prohibiting gas stations.
Service People Integrity Responsibility Innovation Teamwork
The Honorable Mayor and City Council Members
Rezoning - 607 E. 22nd Street
Page 2
A simple majority vote is needed for the City Council to approve the request. A super
majority vote is needed to remove the condition recommended by the Zoning Advisory
Commission.
Respectfully submitted,
Jeff Stiles, Chairperson
Zoning Advisory Commission
Attachments
Service People Integrity Responsibility Innovation Teamwork
THE CITY OF DUBUQUE
Masterpiece on the Mississippi
Dubuque
All-American City
2007Dubuque, IA 52001-4864
Phone:563-589-4210
Fax: 563-589-4221
PLANNING APPLICATION FORM
^Variance
^Conditional Use Permit
^Appeal
^Special Exception
^Limited Setback Waiver
,Rezoning
^Planned District
^Preliminary Plat
^Minor Final Plat
^Text Amendment
^Simple Site Plan
^Minor Site Plan
^Major Site Plan ^Certificate of Economic Non-Viability
^Major Final Plat ^Certificate of Appropriateness
^Simple Subdivision ^Historic Designation
^Annexation ^Neighborhood Association
^Temporary Use Permit ^Other:
Please tune or urirrt legibly in ink ~/
Property ow//Her(s): /~UQ ~./~coce Phone: .S1o3~583-~1~~7
Address: 1e~7^l>D~ / ~ ~Z~~ ~ City: ~dBUQv~- State~A Zip: SZDU3
Fax Number:J~6.3'Sy 3~s~~!f ~ Cellular Number: Jcls.3" y1~.~I ~•~~ E-mail Address: ~17T~'I df~G,~.bP ~~/''G~
Applicant/Agent: ~~G GY/~E~LOGr- Phone: _ Slo 3''/~g-3""~~ y 1
Address: •~~~ ,~u1Ja ~ ~~~lo City:~US~ e: ~ Zip~~
Fax Number: ~^""~ Cellular Number: E-mail Address:%~~
Site location/address: ~ O 7 G . 7i Z ~ S~~GT
Existing zoning: ~ 1~ Proposed zoning: ~_Historic District: /~/O Landmark: b
Legal Description (Bidwell parcel ID# or lot number/block number/subdivision): ~d' ~~• T ~Z • ~~ Z
Total property (lot) area (square feet or acres):
Descr' proposal and reason necessary (attach a letter of explanation, if needed):. ~ f~~ ~1'r 6QS
~>E~D ~ ay ~/NG ~i9G~ UD C /
CERTIFICATION: I/we, the undersigned, do hereby certify that:
1. It is the properly owner's responsibility to locate property lines and to check your 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~ials are attached.
Property Owner(s): ~~ i~-t" Date: ~~ G~oB
Applicant/Agent: Date: /l ~ d~
FO~FFICE USE ONLY -APPLICATION SUBMITTAL CHECKLIST
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Fee: 7~~. Received by: ~~i ~ Date: ~Z'~-~4Docket:
^ Site/sketch plan^ Conceptual Development Plan ^Photo ^ Plat
^ Improvement plans ^ Design review project description ^ Floor plan ^ Other:
THE CITY OF DUBUQUE
Masterpiece on the Mississippi
Dubuque
All-American City
2007
REZONING STAFF REPORT
Zoning Agenda: January 7, 2009
Property Address: 607 E. 22"d Street
Property Owner: Paul Wheelock
Applicant: Paul Wheelock
Proposed Land Use: Commercial
Existing Land Use:
Adjacent Land Use:
Commercial
North -Church parking
East -Residential
South -Residential
West -Church parking
Former Zoning:
Total Area:
Proposed Zoning: C-1
Existing Zoning: C-1c
Adjacent Zoning: North - R-2A
East - R-2A
South - R-2A
West - R-2A
1934 -Business District; 1975 - R-4; 1985 - R-2A
5,800 square feet
Property History: The property was platted as part of the original Sanford Subdivision
in the late 1800s and atwo-story commercial building with apartments above was built
at this location circa 1900. In 1990 the property was rezoned to C-1 c Neighborhood
Commercial District, with conditions. In February of 1992, the City Council denied the
request to remove the zoning district conditions previously placed on this property. In
May of 1992, the Zoning Board of Adjustment approved a conditional use permit to
allow an indoor restaurant in this building with the conditions that the parking lot be
paved to City standards, the property be screened from the adjacent residential
properties and a site plan be submitted and approved by the Development Review
Committee.
In June of 1992, the City Council modified the conditions on the original C-1c district by
modifing the hours of operation, limiting them from 10:00 a.m. to 10:00 p.m. (see
attached Ordinance and Memorandum of Agreement). In June of 1993, a conditional
use permit was approved by the Zoning Board of Adjustment to allow an indoor
restaurant with the same conditions, but also limiting the"hours of illumination for signs
so as to not exceed the business .hours. In May of 1996, the City Council denied the
property owner's request to remove the zoning district conditions established for this
property.
Physical Characteristics: The property is a level approximately 6,000 square foot lot
located at the corner of Queen and 22"d Streets. The property has approximately five .
paved off-street parking spaces with a small landscaped area accessed from an alley
Rezoning Staff Report - 607 E. 22"d Street
Page 2
behind. The building consumes the balance of the lot being built to the property lines
on both the north, west and south sides.
Concurrence with Comprehensive Plan: Land Use and Urban Design Goals
encourage opportunities for convenient and concentrated commercial development that
provides support to the local market. Land Use goals also encourage the concept of
mixed use development to create diverse and self-sufficient neighborhoods.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site.
Traffic Patterns/Counts: There are no IDOT counts for 22"d Street at this location.
Rezoning this property from C-1 c to C-1 should have very limited additional impact
on the overall traffic in this neighborhood.
Public Services: Existing public services are adequate to serve this site.
Environment: This site is fully developed and staff does not anticipate any
additional adverse impact to the environment.
Adjacent Properties: Rezoning from C-1 c to C-1 will remove a number of
conditions placed on the original rezoning. These conditions include reducing the
number of permitted uses, not permitting conditional uses, and limiting hours of
operation. Removal of the conditions may permit uses and operational
characteristics that have a slight impact on the adjacent neighborhood.
CIP Investments: None proposed.
Staff Analysis: The applicant is requesting to rezone an approximately 6,000 square
foot lot that accommodates atwo-story commercial building with upper story residential
from C-1c, Neighborhood Commercial district, with conditions, to C-1 Neighborhood
Commercial district. The applicant's intent is to remove the conditions that had been
placed on the property in a series of rezonings dating back to 1990. The property is
located in a mixed-use neighborhood with a church and associated parking, single- and
multi-family residences and another commerical building.
Currently, the conditions placed on the property: 1) Limit the hours of operation from
10:00 a.m. to 10:00 p.m; 2) Prohibit gas stations/services stations, grocery stores, drug
stores/health care supplies, TV, radio, video sales and services and any use that
Rezoning Staff Report - 607 E. 22nd Street
Page 3
includes the selling or providing of beer, wine or alcoholic beverages; 3) Prohibit
conditional uses except for indoor restaurants.
These conditions were initially established in an effort to reduce the number of
permitted uses and to limit the amount and timing of commercial activitiy that could
potentially be generated by businesses in this building. These conditions are rather
restricitve and make it difficult to lease the building as a commercial enterprise.
Requiring a 10:00 a.m. start time eliminates many of the potential commercial users for
this site. Also, prohibiting uses such as grocery store, health care supply, drug store,
TV or video sales, and not allowing conditional uses, leaves very few uses available for
this building.
Under the proposed C-1 district regulations, uses for the property would be limited to
relatively low-intensity commercial/retail uses. Under C-1 district regulations, auto
sales/service/repair, body shop, auto service station and bars/taverns are prohibited.
Under C-1 district regulations, conditional uses for indoor restaurants, gas stations,
medical offices under 2,500 square feet and similar and compatible retail and service
oriented uses are permitted. This means that if a business owner proposes one of the
conditional uses listed above, the Zoning Board of Adjustment would review the
request. The Board would determine if the proposed conditional use was compatible
with the adjacent residential property and meets all of the requirements set forth for the
specific conditional use. Also, written notification regarding the proposal is sent to
neighbors within 200 feet of the property. The Board can choose to approve, approve
with conditions, or deny a conditional use permit.
Staff feels that the conditions established for the existing C-1 c district will have little
overall effect, over and above standard C-1 district regulations, on mitigating the
potential negative impacts that businesses that choose to locate on the subject property
may generate. However, these conditions limit the property owners' ability to lease this
space to low intensity retail and service oriented businesses permitted in a C-1 district.
These conditions may increase the possibility that all, or a portion of, this building will
remain vacant.
Staff recommends that the Commission review the criteria established in Section 6-1.1
of the Zoning Ordinance regarding reclassification of property.
Prepared by: G~ ',~- Reviewed: Date: /z -~ - 08
F:\USERS\Kmunson\WP\Boards-Commissions\ZAC\Staff Reports\Wheelock rezoning stf r[t12_10_08.doc
SECTION 3. DIST1tICT REGULATIONS
3-3. Commercial District.
3-3.1. C-1 Neighborhood Commercial District.
(A) General purpose and description. The C-1 District is intended to provide individual parcels
for commercial and residential uses in older buildings in the city's established neighborhoods,
while maintaining neighborhood character and fostering opportunities for affordable housing.
The C-1 District is not intended to be an expandable district but one that is established on a
very limited basis. Larger neighborhood commercial districts are to be established under the
C-2 District classification as neighborhood shopping center districts.
(B) Principal permitted uses. The following uses shall be permitted in the C-1 District.
(1) Railroads and public or quasi-public utilities including substations-[47].
(2) Single-.family detached dwellings-[11].
(3) Two-family dwelling (duplex)-[11].
(4) Multifamily dwelling (maximum six (6) dwelling units)-[9].
(5) Townhouses (maximum six (6) dwelling units)-[11].
(6) Schools of private instruction-[4].
~7) General offices-[14].
(8) Personal services-[14].
(9) Business services-[29].
(10) Barber/beauty shop-[16].
(11) Grocery store/drug store (maximum three thousand five hundred (3,500) square feet)-
[17].
(12) Bakery (retail only)-[19].
(13) Laundromat-[22].
(14) Flower/garden store/commercial greenhouse~[l7].
(15) Shoe repair-[18].
(16) Photographic. studio-[23~.
(17) Sewinglfabric stofe~[17]°.
`(18) Book/sfationery store=[17].•
(19) To,y-hobby shops=[17].
(20) Sporting goods (sales/rental)-[17].
(21) Bicycle shop (sales/rental)-t17].
(22) Camera/photo supply store-[17].
[] Parking group-See section 4-2 of this ordinance.
(C) Prohibited uses. The following uses shall be prohibited:
(1) Auto sales/service/repair/body shop.
(2) Auto service station.
(3) Bar/tavern.
(D) 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.
(E) Conditional uses. The following conditional uses are permitted in the C-1 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) Indoor restaurant, provided that:
(a) The parking group requirements can be met-[20].
(2) Gas stations (not including service stations), provided that:
(a) The parking group requirements can be met-[20].
(3) Similar and compatible retail and service oriented uses as determined by the zoning board
of adjustment provided the use would be in an existing public, quasi-public, institutional,
commercial, office or industrial building-[47}.
(4) Medical office, provided that:
(a) Maximum of two (2) health practitioners as defined in Section 8;
(b) Maximum of two thousand five hundred (2,500) square feet of floor area; and
(c) Bulk regulations and parking requirements can be met-[36].
(F) Temporary uses. The following uses shall be permitted as temporary uses in the C-1 District:
(1) (Reserved for future use).
(G) Bulk regulations:
Front yard setback: ten (10) feet (twenty (20) feet for garages facing street)
Side yard setback: zero (0) feet*
Rear yard setback: zero (0) percent lot depth*
Building height: thirty (30) feet
*Except where abutting a residential or office residential district, then six-foot side yard and
twenty (20) percent lot depth rear yard setbacks required.
(H) Parking requirements. See section 4-2 of this ordinance.
(I) Sign regulations. See section 4-3 of this ordinance.
(J) Standards for nonresidential uses. The following standards shall apply to all nonresidential
permitted and conditional uses in the C-1 District:
(1) The use shall be established in an existing structure that was designed for public, quasi-
public, commercial, office, institutional, or industrial use.
(2) The structure was never converted to a residential use after the effective date of this
section.
(3) The use shall be conducted entirely within the structure.
(4) There shall be no outdoor storage of equipment or materials on the property or adjacent
public right-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 of nonuse, unless an
alternate parking location is provided in a properly zoned area.
(6) No mechanical, electrical, or other equipment which produces electrical or magnetic
interference, vibration, heat, glare, odor, noise or other nuisances shall occur outside the
structure which houses the use.
ORDINANCE N0. -92
AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA AMENDING
ORDINANCE N0. 75-90 OF THE CITY OF DUBUQUE, IOWA, WHICH
ESTABLISHED A C-1 NEIGHBORHOOD COMMERCIAL DISTRICT, WITH
CONDITIONS, FOR PROPERTY LOCATED AT 607-609 E. 22ND
STREET, BY DELETING (3) IN THE MEMORANDUM OF AGREEMENT
AND ADOPTING, IN LIEU THEREOF, A NEW (3) FOR HOURS OF
OPERATION.
Whereas, the City Council of the City of Dubuque on September 17,
990, adopted Ordinance No. 75-90 rezoning 607-609 E. 22nd Street from R-2A
lternate Two-Family Residential District to C-1 Neighborhood Commercial
istrict, with conditions as established in the attached Memorandum of Agreement;
nd
ours of opeWationsas establish d in the~Memorandum~of Agreement toebeechan ede
nd 9
~nditions fore the ~ Ct le Ne ghborhoods CommercialppDistricte t g607t609c Eang22nd
treet; and
Whereas, the City Council concurs in amending Ordinance No. 75-90 as
requested.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Operation" ine the Memorandum of Agreemen~ ~andmadopting din el ieu thereof rsthe
following:
"(3) Hours of Operation
The hours of operation shall be limited from 10:00 a.m. to
10:00 p.m."
Section 2. This amended shall take effect immediately upon
publication. The City Clerk is hereby directed to publish this ordinance and
record this ordinance with the County Recorder.
Passed, approved and adopted this day of 1992.
James E. Brady
Mayor
ATTEST:
~! Mary A. Davis
City Clerk
PL\COUNCIL\ORD\fuller2.ord
MEMORANDUM OF AGREEMENT
Pursuant to Iowa Code Section 414.5 (1989), and as an express
condition of the rezoning of the property at 607-609 East 22nd Street, legally
described as Lot 10 of Sanford Subdivision in the City of Dubuque, and extending
to the center line of abutting right-of-way, which is the subject of Ordinance
No. -92, a copy of which is attached hereto and incorporated herein by
reference, the undersigned, being all of the property owners of the foregoing
property, hereby agree to the following conditions, all of which the property
owners further agree are reasonable and are imposed to satisfy public needs that
are caused directly by the rezoning.
1. Prohibited Uses. The following uses shall be prohibited:
(1) Railroads and public or quasi-public util ities including substations;
(2). Gas station, including service stations;
(3) Grocery store;
(4) Drug store/health care supplies;
(5) TV/radio/video sales and services;
(6) Any use that includes the selling or providing of beer, wine or
alcoholic beverages.
2. Conditional Uses. No conditional uses shall be permitted except an indoor
restaurant, provided that the parking group requirements can be met.
3. Hours of Operation. The hours of operation shall be limited from 10:00
a.m. to 10:00 p.m. '
4. ~. Sale of Beer Wine and Alcoholic Beverages Prohibited. The .selling or
providing of beer, wine or alcoholic beverages on the property shall be
prohibited.
5. Recording. A copy of this Agreement shall be recorded by the property
owners with the Dubuque County Recorder as a permanent record of the
conditions accepted as a part of this rezoning approval within ten (10)
days of the adoption of Ordinance No. -92, and the property owners
shall provide a copy of this Agreement, showing its recording, to the City
Clerk within such ten days.
6. Binding on Successors. This Agreement shall be binding upon the
undersigned and the property owners' heirs, successors and assigns.
7. Construction. This Agreement shall be construed and interpreted as though
it were a part of Appendix A of the Code of Ordinances of the City of
Dubuque, Iowa, also known as the Zoning Ordinance of the City of Dubuque,
Iowa.
~~
Prepared by: Laura Carstens. Citv Planner Address: Citv Hall. 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider. Citv Clerk Address: City Hall- 50 W. 13 St Telephone: 589-4121
ORDINANCE NO.
09
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT 607-609 E 22ND STREET FROM C-1
NEIGHBORHOOD COMMERCIAL DISTRICT WITH CONDITIONS, TO C-1
NEIGHBORHOOD COMMERCIAL DISTRICT, 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 from C-1 Neighborhood Commercial District, with conditions, to C-1
Neighborhood Commercial District, with conditions, to wit:
Lot 10 Sanford Subdivision, 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 day of 2009.
Roy D. Buol, Mayor:
Attest:
Jeanne F. Schneider, City Clerk
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5 (2007), and as an express condition of rezoning
of the property described as:
Lot 10 Sanford Subdivision, 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. -09, 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) That gas stations are prohibited.
B) 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 modifications must be approved by the
City Council of Dubuque, Iowa.
C) 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 (10) days of the adoption of Ordinance No. -09.
D) 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.
E) This Agreement shall be binding upon the undersigned and his/her heirs, successor
and assignees.
ACCEPTANCE OF ORDINANCE NO. -09
I, Paul Wheelock, property owner, having read the terms and conditions of the
foregoing Ordinance No. -09 and being familiarwith the condition thereof, hereby
accept the same and agree to the condition required therein.
Dated in Dubuque, Iowa this day of 2009.
BY:
Paul Wheelock