Zoning Rhomberg Ave.City Hall
(563) 589-4210 office
(563) 589-4221 fax
(563) 690-6678 TDD
August 21, 2002
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
RE: Rezoning
Applicant: City of Dubuque
Location: 2701, 2705 & 2711 Rhomberg Avenue
Description: To rezone property from R-1 Single-Family Residential District to CR
Commercial Recreation Distdct and CS Commercial Service &
Wholesale 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 rezoning is part of selling
the City property to the adjacent landowners.
Staff reviewed the surrounding zoning and land use.
There were no public comments.
The Zoning Advisory Commission discussed the request, noting that eight (8)
conditions have been proposed by City staff and agreed to by the prospective buyers.
Recommendation
By a vote of 5 to 0, the Zoning Advisory Commission recommends that the City
Council approve the request, subject to the following conditions:
1)The storage of junk, salvage material, debds, unlicensed vehicles, inoperable
vehicles and automobile parts shall not be permitted outside on the property.
All vehicles parked and stored outside must display current state registration.
Se~dce People Integrity- Respormibility Itmovat4on Teamwork
2701, 2705 & 2711 Rhomberg
August 21, 2002
Page 2
2)An occupant or owner of the property cannot engage in the business of a
vehicle recycler or vehicle salvager on the property as defined by Chapter 321H
of the Iowa Code and which would require a State vehicle recycler license.
3)An occupant or owner of the property cannot maintain a salvage yard or auto
salvage business on the property as defined in Chapter 29-1 of the City Code
and which would require a City license.
4)Storage of products, equipment, or materials in semi trailers or containers is
prohibited.
5)Building permits must be obtained for all existing structures that do not have a
building permit, and for all new structures.
6) Exterior storage of materials which could be blown into the air or strewn about
by the wind is prohibited.
7) Exterior storage of products, equipment or materials that are not accessory to
or necessary for the operation of the principal use is prohibited.
8) Exterior storage shall be limited to products, equipment or material that are
accessory to, and necessary for, the operation of the principal use. Exterior
storage must be 100% screened from view from adjacent public right-of-way. All
exterior entrances to a screened area must be provided with a gate or door of
similar design to the screen. The design and location of the screening must be
reviewed and approved by the Planning Services Department pdor to
installation.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
Eugene Bird, Jr., Chairperson
Zoning Advisory Commission
Attachments
City af Dubuque
Planning Services D, epaC, ment
Dubuque IA 52001-4864
Phone: 319-589Jt210
Fax: 315-589-4149
PLANNING APPLICATION FORM
r~ Variance ~st
D Conditional Use Permit rict
o Appeal ~ Preliminary Plat
D Special Exception o Minor Final P~at
[] Limited Setback Waiver [] Text Amendment
Simple Site Plan
Minor Site Plan
Major Site Plan
Major Final Plat
Simple Subdivision
[] Annexation
o Temporary Use Permit
o Certificate of Appropriateness
o Cer'dficate of E~onomic Hardship
:3 Other:
PLEASE TYPE OR PRINT LEGII~LY IN INK
Prope~yOwner(s): City of Dubuque - Leisure services Department
Address: 2200 Bunker Hill Road
Fax Number:. 563-589-4391
Applicant/Agent: Gil D. Spence
2200 Bunker Hill Road
Address:
Fax Number. 563-589-4391
Phone:563-sRg-4763
City:. Dubuque
Mobile/Cellular Number.
City: Dubuque
Mobile/Cellular Number:
State: Iowa Zip: 5200'1-3010
Phone: 563-RRg~42R~
State: Iowa Zip: 52001-3010
Sitalocationtaddress: 2701, 2705 and 2711 Rhomberg Avenue
Existing zoning: R-1 Proposed zoning: CS/CR Histodc district: No ~
Legal description (SidweJl Parcel ID number or lot number/block number/subdivision):
Lot 1 (CR), Lot 2 (CS) and Lot 3 (CS) /I. ~'/.~a(~.~o~)
Landmark: Nm
Total property (lot) area (square feet or acres): 319,798 sq. ft. Number of lots:
Describe proposal and reason necessary (attach a letter of explanation, if needed):
Please see attached letter.
3
CERTIFICATION: I/we. the undersigned, do hereby certify 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 end payment does not guarantee approval; and
3. All additional require~written and graphic materials are attached.
Property Owner(a): , ' ,~,/~,~//,~--/ Date'.
OFF,CT USE O. LY-^PPUC^ ,O. SUS,,,qA'
Fee: ~
~ Property ownership list ~ Site/sketch plan [] Floor plan j~l~latI
/,
o Conceptual development plan
c~ Improvement plane o Design review prOject description [] Photo [] Other`
Leisttre Services Dep02°cment
2200 Bunker Hi]i Road
Dubuque, Iowa 52001-3010
(563) 5894263 office
(563) 5894391 fax
July 10, 2002
Planning Services
Attn: Mr. Guy Hemenway
City Hall
50 West 13th Street
Dubuque, Iowa 52001
Dear Guy:
This letter will describe the rezoning request for City owned property along
Rhomberg Avenue.
The property owners, Clint Johnson, John Duccini and Mike Schmalz,
would like to purchase City owned property that adjoins their properties along .
Rhomberg Avenue. Prior to the sale, the City of Dubuque would like to rezone
Lots 1,2 and 3 and have the following conditions as part of the zoning:
-The storage of junk, salvage material, debris, unlicensed vehicles,
inoperable vehicles and automobile parts shall not be permitted outside on
the property. All vehicles parked and stored outside must display current
state registration.
-An occupant or owner of the property cannot engage in the business of a
vehicle recycler or vehicle salvager on the property as defined by Chapter
321H of the Iowa Code, and which would require a State vehicle recycler
license.
-An occupant or owner of the property cannot maintain a salvage yard or
auto salvage business on the property defined in Chapter 29-1 of the City
Code and which would require a City license.
-Storage of products, equipment, or materials in semi trailers or containers
is prohibited.
-Building permits must be obtained for all existing structures that do not
have a building permit, and for all new structures.
-Exterior storage of materials which could be blown into the air or strewn
about by the wind, is prohibited.
continued
Service People lute~ii3r Responsibility Innovation Teamwork
page two
-Exterior storage of products, equipment or materials that are not
accessory to, or necessary for the operation of the principal use is
prohibited.
-Exterior storage shall be limited to products, equipment or material that
are accessory to and necessary for the operation of the principal use.
-Exterior storage must be 100% screened from view from adjacent public
right-of-way. All exterior entrances to a screened area must be provided
with a gate or door of similar design to the screen. The design and
location of the screening must be reviewed and approved by the Planning
Services Department prior to installation.
- The City would not be responsible for rocks and other items falling from
the bluff.
-The City would not be responsible for water runoff from the bluff.
The request is that Lot 1 be rezoned to CR and sold to Clint Johnson, Lot
2 will be rezoned to CS and sold to John Duccini, and Lot 3 be rezoned and sold
to Mike Schmalz. All lots are presently zoned R1.
Call if you have any questions.
Sincerely,
_____________
Gil D. Spence
Leisure Services Manager
GDS:jlr
enclosures
R-t
Proposed Area to be
rezoned to CR
Applicant: City of Dubuque
Location: 2701, 2705 & 2711
Rhomberg Avenue
Description: To rezone property
from R-1 Single-Family Residential
District to CR Commercial
Recreation District and CS
Commercial Service& Wholesale
District.
Proposed Area to be
rezoned to CS
t Proposed Area
ACRES SQ. FT.
FINAL PLAT
EAGLE POINT NO. 2
IN, THE CITY OF DUBUQUE, IOWA
DESCRIPTION: LOT 2-1-1, LOT 2-1-1-1, LOT 2-1-1-1-1, AND
LOT 2-1-1--1-1-1 ALL OF MINERAL LOT 305A
IN THE OITY OF DUBUQUE, IOWA
LOT 1 2.450 293~622
LOT 2 0.387 16,844
LOT 3 0.214 9,332
LOT 4 1.239 53,980
TOTAL 4,290 186~889
S 04'2T52" W '
i L--3 S 36'06'55" E 55.45; J
L-4 S 20'35'08" E 68.93' J
L-5 S 54'32'41" E 78.69' J
L-6 S 00'02'27" E 21.64' J
LEGEND
PLAT BOUNOARY
· FOUND S/B" IRON ROD W/ PLASTIC
DAP NO. 1265~ OR AS NOTED
· FOUND 1" IRON PiPE UNLESS NOTED
SET 5/8" IRON ROD W/
PLASTIC DAP NO, 12631
~ SET NAIL W/ WASHER'NO. 12651
( ) RECORD INFORMATION
R.O.W. RIGHT-OF-WAY
NOTE'
THIS SURVEY IS SUBJECT TO EASEMENTS. COVENANTS,
SER~TUDES, RESERVA~ONS, RESTRICqONS AND
RIGHTS--OF--WAY OF RECORD AND NOT OF RECORD.,
LOT 1--1-1--1-I--1--1-ML 305A
S
N 88'48'34" E
LOT 4
,.y LOT 1 /
12'52'15" W
50.58'
N 89'42'22" W
14.0.22' tZ8.66'
LOT 2
N
/
2-1-5-ML 305A
LOT 3
NORTH
LOT 2-2-ML 305A
,/o CAP
GRAPHIC SCALE
0 100 200
(IN FEET)
DRA~NO MAY HAVE BEEN REDUCED
SURVEYED FOR: CITY OF DUBUQUE
_~- ~ TRANMER : ,=~
PROPRIETOR: CITY OF DUBUQUE
DATE OF SURVEY: NOVEMBER 2001
IIWENGINEERS &
SURVEYORS, P.C.
DRAWN SAF PLAT NO.
CHECKED dMT PROd. N0.01006--10
DATE 12--19--01 SHEET 1 of 2
REZONING STAFF REPORT
Zoning Agenda: August 14, 2002
Property Address: 2701, 2705 and 2711 Rhomberg
Property Owner: City of Dubuque
Applicant: City of Dubuque
Proposed Land Use: Commercial
Proposed Zoning: CPJCS
Existing Land Use: Vacant
Existing Zoning: R-1
Adjacent Land Use:
North - Park
East -Industrial/Commercial
South - Residential/Commercial
West - Park
Adjacent Zoning: North -R-1
East- CPJCS
South - R-1
West - R-1
Former Zoning:
1934 - SF; 1975 - R-2; 1985 - R-1
Total Area: 3 acres
Property History: The property served as a limestone quarry before being acquired
by the City of Dubuque as part of the Eagle Point Park property. The property was
subsequently leased to Eagle Point Fun Land. After Eagle Point Fun Land
discontinued operation the property remained vacant. Several adjacent businesses
have encroached onto this property and began storing equipment and materials.
Physical Characteristics: The subject property is a flat, Iow lying, quarry bottom
bounded on the north and west by sheer bluffs on top of which Eagle Point Park is
located. The property is bordered on the east by three businesses with several large
commercial/industrial buildings and two residences. The property is surrounded by
vegetation and wooded bluffs and is screened from both the public right-of-way and
Eagle Point Park areas.
Concurrence with Comprehensive Plan: The Comprehensive Plan makes no
recommendation for this property.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site; however, because this
site is Iow lying, storm water tends to collect in this area.
Traffic Patterns/Counts: The IDOT 1997 annual average daily traffic counts
indicate 4,500 vehicle trips per day several blocks south of the subject property
along Rhomberg Avenue. Subsequent to the closure of the Wisconsin bridge just
north of the subject property, this area lies along a dead-end street that terminates
in the parking area of the Tollbridge Restaurant. There is, therefore, very little
traffic along Rhomberg Avenue in front of the subject property.
REZONING STAFF REPORT Page 2
Public Services: Existing public services are adequate to serve the site.
Environment: Staff does not anticipate any adverse impact to the environment by
development of this property.
Adjacent Properties: The subject parcel is adequately screened by wooded bluffs
and existing warehouse buildings. Therefore, adjacent residential property should
not be significantly impacted.
ClP Investments: None proposed.
Staff Analysis: The City of Dubuque is requesting a rezoning of three separate
parcels that total approximately 3 acres. The parcels are situated behind three existing
businesses at the northern terminus of Rhomberg Avenue. Lot 1 is approximately 2.5
acres and abuts an existing CR District that accommodates a boat sales and repair
business. Lots 2 and 3 total approximately % acre and are positioned behind a former
precast concrete business and a wood products business which are both located in a
CS Commercial Service District.
The three subject lots are located in a former quarry and have subsequently become
part of the Eagle Point Park property. The lots sit approximately 120 feet below Eagle
Point Park and directly abut the sheer rock cliff of the former quarry. The eastern
edges of the lots abut the three businesses along Rhomberg Avenue and are screened
from all adjacent residential properties by a wooded bluff line and commercial
structures.
Eagle Point Park abuts the property on the north and west, to the east is the Rhomberg
Avenue right-of-way, industrial property and the railroad right-of-way;to the south is
existing single and multi-family residential properties.
The City, in conjunction with three adjacent property owners, are asking to rezone City-
owned R-1 park property behind the existing CR and CS zones to enable the three
property owners to expand their businesses into this area. Historically, this land has
either been vacant or has been utilized for storage by property owners along Rhomberg
Avenue. The Commercial Service and Commercial Recreational activity, such as
equipment and boat storage, will be compatible with the adjacent commercial activity
along Rhomberg Avenue, while screened from the adjacent residential and park activity
or uses, and confined to this area by existing topography.
Staff recommends that the Commission approve the rezoning request as submitted.
Prepared by:______________________Reviewed:____________________Date: 8/7/02
Prepared by.' Laura Carstens. City Planner Address: 50 W. 13th St.. City Hall Telephone: 589-4210
ORDINANCE NO. 69-02
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY
OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT THE END OF RHOMBERG AVENUE FROM R-1
SINGLE-FAMILY RESIDENTIAL DISTRICT TO CS COMMERCIAL SERVICE AND
WHOLESALE DISTRICT AND CR COMMERCIAL RECREATION 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 R-I
Single-Family Residential District to CS Commercial Service and Wholesale District, with
conditions, to wit:
Lot 2 and Lot 3 of Eagle Point No. 2, and to the centerline of the adjoining public
right-of-way, all in the City of Dubuque, Iowa.
Section 2. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassKrying the hereinafter described property from R-1
Single-Family Residential District to CS Commercial Service and Wholesale District, with
conditions, to wit:
Lot 1, Eagle Point No. 2, and to the centeriine of the adjoining public right-of-way,
all in the City of Dubuque, Iowa.
Section 3. The foregoing amendment has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, Iowa.
Section 4. This ordinance shall take effect immediately upon publication, as provided by
law.
Passed, approved and adopted this 3rd day of September, 2002.
_______________________
Terrance M. Duggan, Mayor
Affest:
__________________________
Jeanne F. Schneider, City Clerk
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5 (1993), and as an express condition of rezoning
of the property described as:
Lot 1, Lot 2 and Lot 3 of Eagle Point No. 2, and to the
centerline of the adjoining public right-of-way, all in the City of
Dubuque, Iowa.
which is the subject of Ordinance No._________-02, 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 storage of junk, salvage material, debris, unlicensed vehicles,
inoperable vehicles and automobile parts shall not be permitted outside on
the property. All vehicles parked and stored outside must display current
state registration.
2)An occupant or owner of the property cannot engage in the business of a
vehicle recycler or vehicle salvager on the property as defined by Chapter
321H of the Iowa Code, and which would require a State vehicle recycler
license.
3)An occupant or owner of the property cannot maintain a salvage yard or auto
salvage business on the property as defined in Chapter 29-1 of the City
Code and which would require a City license.
4)Storage of products, equipment, or materials in semi trailers or containers is
prohibited.
5)Building permits must be obtained for all existing structures that do not have
a building permit, and for all new structures.
6)Exterior storage of materials which could be blown into the air or strewn
about by the wind is prohibited.
7)Exterior storage of products, equipment or materials that are not
accessory to or necessary for the operation of the principal use is
prohibited.
8)Exterior storage shall be limited to products, equipment or material that are
accessory to and necessary for the operation of the principal use. Exterior
storage must be 100% screened from view from adjacent public right-of-way.
All exterior entrances to a screened area must be provided with a gate or
door of similar design to the screen. The design and location of the
screening must be reviewed and approved by the Planning Services
Department prior to installation.
B)Reclassification of the Subiect Property. The City of Dubuque, Iowa may initiate
zoning reclassification proceedings to the District (which rezoning will include the
removal of the performance standards in Exhibit "A") 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 modifications 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 (10) days of the adoption of Ordinance No._________-02.
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.
ACCEPTANCE OF ORDINANCE NO. 02
We, John W. Duccini, Clint V. Johnson, and Michael Schmalz, purchasers of
herein described property, having read the terms and conditions of the foregoing
Ordinance No. -02 and being familiar with the conditions thereof, hereby accept
this same and agree to the conditions required therein.
Dated in Dubuque, Iowa this
day of ,2002.
By.
______________
John W. Duccini
By
_____________
Clint V. Johnson
By
_______________
Michael Schmalz