Zoning 1875-95 University FriedPlam2ng Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 52001-,1864
(563) 5894210 office
(563) 5894221 fax
(563) 690~6678 TDD
pIam4ng@cityo fdubuque.org
The Honorable Mayor and City Council Members
City of Dubuque
City Hail - 50 W. 13~ Street
Dubuque IA 52001
September 11, 2002
RE: Rezoning
Applicant: Patricia Friedman/Lee Manor Investments, Ltd.
Location: 1875-1895 University Avenue
Description: To rezone property from C-1 Neighborhood Commercial 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
The applicant spoke in favor of the request, stating that she wished to open a carry-out coffee
shop.
Staff reviewed traffic and parking issues and discussed two letters submitted by concerned
neighbors.
There were no public comments.
The Zoning Advisory Commission discussed the request, noting concerns for traffic and
parking safety.
Recommendation
By a vote of 4 to 2, the Zoning Advisory Commission recommends that the City Council
approve the request, with the following conditions: (1) That a permanent barrier be placed in
the visibility triangle (Auburn & University) and (2) that gas station/automated gas station be
eliminated from the list of permitted uses.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
Zoning Advisory Commission
Attachments
cc: Mike Koch, Public Works Director
Service People Integrity Respor~ibili~ Innovation Teamwork
Prepared by:. Laura Carstens, City Planner Address: 50 W..13th St.. City Hall Telephone: 589-4210
ORDINANCE NO. 76 -02
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1875-1895
UNIVERSITY AVENUE FROM C-1 NEIGHBORHOOD COMMERCIAL DISTRICT
TO C-2 NEIGHBORHOOD SHOPPING CENTER, 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 to C-2 Neighborhood Shopping
Center District, with conditions, to wit:
Lot I of Lot 1 of Tschirgi and Schwind's 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.
Attest:
Passed, approved and adopted this 16thday of Sep~cembe~' , 2002.
~e~nne 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 of Lot 1 of Tschirgi and Schwind's Subdivision, to the
center line of the adjoining public right-of-way, all in the C~ 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 properW 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) Conditions: The following conditions shall apply to the subject property:
1) A permanent barder must be placed in the visibility triangle at the corner of
Auburn Street and University Avenue.
B)
C)
2) Gas station and automated gas station are eliminated from the list of
permitted uses.
Reclassification of the Subiect Property. The City of Dubuque, Iowa may initiate
zoning reclassification proceedings to the C-:[ Neighborhood Commercial Distdct
(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.
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)
Recordinq. 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 (:[0) 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.
This Agreement shall be binding upon the undersigned and his/her heirs, successor
and assignees.
ACCEPTANCE OF ORDINANCE NO. ~'~; -02
[, Patricia Friedman, rep.r..esenting Lee Manor Investments, Ltd., property
owner, having read the terms and cond~ons of the Ordinance No. ~ - 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.
Patricia Friedman
ACCEPTANCE OF ORDINANCE NO. 76-02
I, Janet Edwards, representing Lee Manor Investments, Ltd., property owner,
having read the terms and conditions of the Ordinance No.76-02 and being familiar
with the conditions thereof, hereby accept this same and agree to the conditions required
therein
Dated in Dubuque, Iowa this 29th day of October, 2002.
By: /s/ Janet Edwards
Jul 29 02 03:S1p Ro~em Edmamds 727-528-2888
JUL,-29 02R~ON} !4:~ PRUDENT]AL-FR[EDMEM %L 5o3+~8o7609
?,
IN. ANNZN(i AI~ICAT~ON
Variance
~,.Conr~Yd~nal U.T~ Permit
Appeal
Speaal Exception
UrnJted Setback Waiver
Re. zoning
Manned O~fi~
I:'rellmInan~ Mat
Mino~ Pinal Rat
Text Amendment
MinDr Site Plan
Ma~OF ~te Plan
Major ~nml
Please Woe or print leoiblv in ink
Properb/owner(s): t~,e ~.nnr T.nv~fn'~.+~. I Tn
Fax Number:
Applfcant/Ag~n~ Patricia L, Friedman
Address; 3435 Asbur~ Rd.
Fax.Number'. 563-~83-760g
Phon¢: $63-B83-7580
Ob/: Dubqque sirra: IA Zip:
MobiJe/C~llu)ar Number; 563-590-2077
Site Ioc~t)o'n/~are..ss:
E~l~Ung zoning: C-1
1875-1895 University Ave.
Propo~ Zoning: C-2 Hi.tic District; No ~r, drnam: No
kegai Des~qp~on (S~I panini I~ or Io~ numbedbloc~ number/sut;divi~on):
10-26-208-007
T~ pro~.(~) ~ (~uara feet or acr~):
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2. F~ a~ ~t ~ble and ~nt ~ ~t gua~m~ a~al; a~
3, NJ ad~Mo~l ~ui~ ~ s~ 9~phic ~als am a~._ ~
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m
POR O~CE USE ONLY -
0 Si~/sk~ ~an O ~I ~o~ P~n ~ O Plat
0 Impm~ ~ans o ~gn ~mw pmj~ d~on g Fl~ .~ O ~r:
RE: 1875-1895 University Ave. Rezo'ning Application
To rezone to permit a carry-out restaurant, and additional
building not allowed in C-1,
uses for
Proposed Area to be Rezoned
Applicant: Patdcia Friedman/Lee
Manor Investments, Ltd.
Location: 1874-1895 University
Avenue
Description: To rezone property from
C-1 Neighborhood Commercial District
to C-2 Neighborhood Shopping Center
District.
Proposed Area
to be Rezoned
REZONING STAFF REPORT Zoning Agenda: September 4, 2002
Property Address:
Property Owner:
Applicant:
1875 -1895 University Avenue
Lee Manor Investments. Ltd.
Patdcia L. Friedman
Proposed Land Use: Commercial
Proposed Zoning: C-2
Existing Land Use: Commercial/OfficeNacant
Existing Zoning: C-1
Adjacent Land Use:
North - Residential
East - Residential
South - Residential
West- Residential/Institutional
Adjacent Zoning: North - R-1
East - R-2
South - R-2
West- R-3/ID
Former Zoning:
1934 - R-2; 1975 - R-3 Multi-Family; Total Area: 8.780 sq. ft.
1985 - C-1 Neigt~borhood Commercial
Property History: The primary structure on the property was built as a grocery store
circa 1890. The structure is a large 2.000 square foot two story building. In 1930, an
additional single-story 300 square foot structure was built directly adjacent to the
grocery store on the same lot. The small structured served as a gas station and was
subsequently converted to an ice cream kiosk. It continued as an ice cream carry-out
until 1998. The grocery store was subsequently conver~ed to an office. Both structures
are currently vacant.
Physical Characteristics: The subject property is an approximately 8,800 square foot
corner lot that slopes gently from University Avenue to the alley behind. The two
structures on the lot are built in close proximity to the University Avenue frontage with
the balance of the rear lot being devoted to parking, which is accessed from the alley
off of Auburn Street. There is an adjacent residential structure approximately 7 feet
from the east side property line and the remainder of the property is surrounded by the
University Avenue, Auburn Street and alley rights-of-way.
Concurrence with Comprehensive Plan: The Comprehensive Plan makes no
recommendations for this area.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site.
Traffic Patterns/Counts: The IDOT 1997 annual average daily traffic counts
indicates 7,400 vehicle trips per day on University just east of the subject property
and 20,300 vehicle trips per day on University just west of the subject property.
Traffic counts also indicate 16,100 vehicle trips per day along Grandview Avenue.
REZONING STAFF REPORT Page 2
which intersects with Delhi, which intersects University Avenue just southeast of
the subject property.
Public Services: Existing public services are adequate to serve the site.
Environment: Staff does not anticil~ate any adverse impact to the environment.
Adjacent Properties: Re-use of the existing buildings for commercial/office uses
will increase the noise, activity, traffic and demand on parking in this area.
However, the uses permitted in the C-2 district do not differ greatly from those
permitted in the C-1 district. The re-use of two currently vacant structures may
prevent deterioration and blight and may have a positive impact on the
neighborhood.
CIP Investments: None proposed.
Staff Analysis: The applicant is asking to rezone an approximately 8,800 square foot
lot with two existing vacant structures from C-1 Neighborhood Commercial district to C-
2 Neighborhood Commercial Shopping Center district. The principal structure is a
2,000 square foot two-stow building that served as a grocery store/milk house from
around the turn of the century until it was converted to an office building in the mid
1980s. The small 300 square foot structure was built in 1930 as a gas station and was
later converted to an ice cream carry-out.
Approximately seven paved off-street parking spaces were subsequently added behind
the property, which are accessed from an alley off of Auburn Street. The two structures
remained continuously occupied until recently and they are currently both vacant. The
rezoning to C-2 will not greatly expand the number of allowed of uses at this location,
but some of the uses may be more intense than the permitted in the C-1 district.
Adaptive re-use of these buildings may prevent blight but may also increase the no~se.
activity, traffic and demand on parking on this area.
Staff recommends that the Zoning Advisory Commission review Section 6-1.1 of the
Zoning Ordinance regarding zoning reclassification procedure.
Prepared by: ~'l~Lc'.t-A~ld~. _L//~R~ eviewed:
DU549 CH-01.TXT (1)
3-3.1. C-1 Neighborhood Commercial District.
(A) General purpose and description. The C-I District is intended ro 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) Pzincipal permitted uses. The following uses shall be permitted in the C-1 District.
(1) Railroads and public or quasi-public utilities including substations-J47].
(2) Single-family detached dwellings-[11].
(3) Two-fanxily dwelling (duplex)-[1 t].
(4) Multifamily dwelling (maximum six (6) dwelling units)-[9].
(5) Townhouses (maximum six (6) dwelling units)-[11].
(6) Schools of private instruction-J4].
(7) General offices-[14].
(8) Personal services-II4].
(9) Business services-[29].
(10) Barber/beauty shop-[16].
(I 1) Grocery store/drug store (maximam three thousand five hun&ed ~3,500) square
feet)-[17].
(12) Bakery (retail only)-[19].
(13) Laundromat-[22].
(14) Flower/garden store/commercial greenhouse-II 7].
(15) Shoe repair-[18].
(16) Photographic studio-j23].
(17) Sewing/fabric store-Il 7].
(18) Book/stationery store-[17].
(19) Toy-hobby shops- [ 17].
(20) Sporting goods (sales/rental)-[17].
(21) Bicycle shop (sales/rental)-[17].
(22) Camera/photo supply store-Il 7].
~ Parking group-See section 4-2 of this ordinance.
DU549 CH-01 .TXT (2)
(C) Prohibited uses. The following uses shall be prohibited:
(1) Auto sales/sendce/repair/body shop.
(2) Auto service station.
(3) Bar/ta¥¢m.
(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 use¢. The following conditional uses are pemuitted 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 restauraar, provided that:
(a) The parking ~oup requirements can be met-J20].
(2) Gas stations (not including service stations), provided that:
(a) The parking group requirements can be met-J20].
(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-J47].
(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 requiremems can be met-J36].
(F) Temporary uses. The following uses shall be permitted as temporary uses in the C-1 District:
(1) (Reserved for future use).
(O) Bulk re~m~lations:
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 requ/remems. 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
DU549 CH-01 .TXT (3)
permitted and conditional uses in the C-1 District:
(!) The use shall be established in an existing skmc~e 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) Ail 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 pe,fiods 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
su'ucmre which houses the use.
DU549 CH-01 .TXT (1)
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 servang small clusters of neighborhoods. The C-2 District will be carefully placed to
ensure that the size of the commercial cen~er, the nature of uses permitted and the locational
characteristics are such that the grouping of such uses will not adversely affect sm-rounding
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 perm/tted 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-J4].
(4) General offices-II4].
(5) Personal services- [ 14].
(6) Barber/beauty shops-[16].
(7) Gas station-Ii 8].
(8) Retail sales/service-[ 17].
(9) Laundry/dry cleaner-II 9].
(10) Shoe repair-[18].
( 111 Automated gas station- [ 18].
(12) Indoor restaurant-[20].
(13) Tailorin~alterations-[18].
(14) Furniture/home fumiskings-[27].
(15) Appliance sales/service-[27].
(16) Catalog center-[23].
(t7) Laundromat-[22].
(18) Furniture upholstery/repair-[ 18].
(19) Artist studio-[5].
(20) Photographic studio-j23].
(2 t) Neighborhood shopping cemer-[ 17].
(22) Dental/medical lab-[8].
DU549 CH-01 .TXT (2)
(23) Bus.ess services-[29]
(C)Accessory Uses: The fotloM~.g uses shall be permitted as accesso~' uses as provided in
Section 4 of this Ordinance:
(1) Any use customarily incidental and subordinate to the principal use it serves.
Conditional Uses: The following conditional uses are permitted in the C-2 District, subject ~o
the Provisions of Section 5 of this Ordinance and are the rain/mum requirements for
appiicafion to the Board of Adjustment for a conditional use permit:
(t) Medical offices, provided that:
(a) The parking group requirements can be met-[36].
(2) Drive-in/carry-out resrauram, provided that:
(a) Opaque screening shall be provided for adjacent residential uses as required under the
sire plan review provisio~ of Section 4-4 of this Ordinance; and
(b) The parking group requLrements 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 44 of this Ordinance; and
(c) The parking group requirements can be met-J8].
(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-j8].
(5) Animal hospital/clinic, provided that:
(a) All operations and activities shall be conducted and maintained within a completely
enclosed building; and
Co) The parking group requirements can be met-[23].
(6) Banks. savings and loans, and credit unions, provided that:
(a) The parking group req~.dremenrs can be met-[31].
(7) Group day care center provided that:
(a) Forty (40) square feet of indoor floor area (excluding hails and bathrooms) is provided
per child in areas occupied by cribs, thirty ISve (35) square feet of indoor area (excluding
halls and bathrooms) is provided per child in areas nor occupied by cribs times the
DU549 CH-01 .TXT (3)
licensed capacity; and seventy five (75) square feet of fenced outdoor recreation space ~s
provided per child using the space at a given time;
Co) The par ~king group requirements can be met [8];
(c) Such facil/ty shall supply loading and unloading of children so as not to obstruct
public streets or create u'affic 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 a single-family home shall be limited to one nonilluminated,
wall-mounted sign nor ro 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, servzcmg, 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 permk, 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 and as defined in Section 8 of this Ordinance.
(F) J3ulk ~egulations:
Front yard setback: 10 feet (20 feet for garages facing street)
Side yard setback: 0 feet*
Rear yard setback: 0 percent lot depth*
Building height: 40 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.
(G) Parking requirements. See Section 4-2 of this Ordinance.
(ti)Signs. See Section 4-3 of this Ordinance.
1790 Custer
Dubuque, IA 52001
August 21, 2002
CITY OF: DUBL~UE
AUG ~
Zoning Advisory Commission
city
Second Floor
50 W. 13~ Street
Dubuque, IA 52001
I object to the rezoning of 1875-1895 University Avenue from C-1 to the
more liheml C-2 because:
e' This intersectionofDelhi, A-abum, and~Ur, ivcrsi~y io---akeady a highly-
congested area with limited visibility and intense motor and pedestrian
traffic.
· ~ Parking at this location is limited to behind the building and wilt increase
the Waffle in the alley behind the facility. This alley is the driveway for
several garages of properties on Custer and University. The alley is
already in disrepair, is not plowed in the winter by the City of Dubuque
and is not the City of Dubuque's responsibility for ma'mtenance. We, the
property owners do not deserve thi.q additional burden and inconvenience.
· / Lighting the parking area behind the building wonid be desirable for the
business but very negative for the immediate residential property owners.
Moths, bugs, flying insects of all kinds will be attracted and we will be
trying to sleep with 24 hour daylight.
,t' Traffic on Auburn and Custer will increase as patrons attempt to exit the
business. Exit'mg via Auburn/University is already an accident waiting to
happen-- and frequently does.
~ The residents of the small residential island bordered by Grandview,
University, Loras, and Algona have sufficient noise, congestion, and
traffic from The Finley Hospital, Holy Trinity Lutheran, Fire
Department, and Allison Henderson Park, Westminster Presbyterian, and
University of Dubuque.
Sincerely,
Property Owner
August 20, 2OO2
C, iTY OF DUBOQOE
Zoning Advisory Commission
Second Floor
50 W 13t~ Street
Dubuque IA 52001
To Whom it may Concern:
RE: Conch'tional use &/or Rezoning of 1874- t 895 University Avenue
Auburn SWeet and the surrounding area has traditionally been a residential area.
There are no other shops or stores in this area.
· This area had an ice cream store that was "grandfathered in". However this store
left several years ago and the neighborhood has return to the quiet evenings
associated with a residential neighborhood.
· There are no s~reechln~ tires from near and not so near accidents on the comer.
· There are smsl! c~hildren in the neighborhood, who will now be endangered due to
increase of traffic.
· The last food establishment ~aused a large increase litter in the neighborhood
· Parking is a huge problem, "A¢~idant waiting to happenS:
o Whgn gars are parke~l in front of th~ csl~b]Jshm~ - visability is
h~possible when pulling out of Auburn
o Turning into Auburn becomes dangerous when cars are parked on the side
of the street pull out beeans¢ they c~nnot see mmin~ traffic.
The only solution, I can visualize is a very low tra~¢ business and one that falls under
the present guidelines and zoning.
Thank you for any consid=,~alons you give this letter.
Patricia A Pearson
1057 Auburn