Zoning 44 Main, Menning, K & CPlanning Services Depaztment
City FlalI
50 West 13ffi Street
Dubuque, Iowa 52001~864
(563) 589-4210 office
(563) 5894221
(563) 690-6678 TDD
plmm/ng~cityo f dubuque.org
July 14, 2003
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
RE: Rezoning
Applicant: Kevin Menning/K & C Investments
Location: 44 Main Street
Description:
To rezone property from LI Light Industrial District to C-4 Downtown
Commercial District.
Dear Mayor anc) 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 reviewing his proposal to add retail to the
1st floor of the existing building.
Staff reviewed surrounding zoning and land use.
There were no public comments.
The Zoning Advisory Commission discussed the request, noting that the subject area
is undergoing a transition from industrial to mixture of commercial and industrial uses.
Recommendation
By a vote of 7 to 0, the Zoning Advisory Commission recommends that the City
Council approve the request.
A simple-majority vote is needed for the City Council to approve the request.
Respectfully submitted,
Eugene Bird, Jr., Chairperson
Zoning Advisory Commission
,attachments
Service People lntegr/ty- Responsibilit~f Ilmovaffon Teamwork
E]Conditiona! Use Permit
[]Appe~
r~Spedal Exception
F-ILimited Setback Waiver
PLANNZNG APPLI'CATZON FORM
[~ezoning
I-iPlanned District
[-]Preliminary Plat
i--IMinor Rna~ Plat
r-]Text Amendment
l-]Simple Site Plan
[-1Minor Site Plan
[] Major Site Plan
[] Major Final Plat
l-lSimple Subdivision
City of Dubuque
Planning Services Department
Dubuque, IA 52001-4864
Phone: 563-589.4210
Fax: 563-589-4221
i--]Annexation
[-']Temporary Use Permit
[]Certificate of Economic Non-Viability
[-iCertificate of Appropriateness
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Existing zoning: [-- ~ Proposed zoning: ~- oiL- Historic District: J'--[~ Landmark:
Legal Descrjp~on (Sidwell parcel [D~ or lot numbe[/block number~subdivision):, tO
Total property {lot) area (square feet or acres): l ~ I t ~
~<Descdbe proposal and reason necessary (attach a letter of explanaOon, if needed}:
CERTiFICATiON: I/we, the undersigned, do hereby certify that:
1. The information submittal 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 addilJonal required wdtten and graphic materials are attached.
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FOR OFF'~CE I. JSE ONLY- APPI..~CA'~ON SUBMTrTAL CHECKI.~ST
i--iSite/sketch plan [] Conceptual Development Plan r-~Photo ' .,~Plat
I-]Improvement plans i--JDesign review preject description i--JFIoor plan i-qOther:
PUD
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C-3
Proposed Area to be Rezoned
Applicant: Kevin Menning/
K & C Investments
Location: 44 Main Street
Description: To rezone property
from LI Light Industrial District to
C-4 Downtown Commercial District.
Proposed Area
to be Rezoned
REZONING STAFF REPORT Zoning Agenda: July 2, 2003
Property Address:
Property Owner:
Applicant:
44 Main Street
K & C Investments
Kevin A. Menning
Proposed Land Use: Commercial
Proposed Zoning: C-4
Existing Land Use: Commercial
Existing Zoning: LI
Adjacent Land Use:
North - Vacant/Public ROW
East - Vacant/Public ROW
South - Commercial/industrial
West - Park
Adjacent Zoning: North - C-4
East- HI
South -C-3
West- LI
Former Zoning:
1934 - LI; 1975 - LI; 1985 - LI
Total Area: 13,950 sq. ff.
Property History: The existing building was developed as a large industrial structure in
1900 and has housed a number of industrial uses over the years. The north half of the
building was converted to commercial uses, including retail sales and a hair salon, in
the 1960s. The upper half of the building was vacant until the 1990s, when it was
converted to a bar. Currently, the lower half of the building is vacant.
Physical Characteristics: The subject building is the north half of a large two-story brick
warehouse-style building built at the turn of the century. The north half of the building
has approximately 8,000 square feet per floor and is located on a level 13,000 square
foot lot. The property is bordered by Main Street and a City park on the west, City of
Dubuque public right-of-way and the iDOT right-of-way for Highway 151/61/52 on the
east, a vacant City lot and the Locust Street connector on the north and the other half
of the building, which is about 9,000 square feet per floor, on the south. Higley
Chemical Company leases the other half of the building. There is approximately 5,000
square feet of lot area that serves as parking for the subject businesses.
Concurrence with Comprehensive Plan: The Comprehensive Plan recommends
commercial for this area.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site.
Traffic Patterns/Counts: IDOT 1997 Annual Average Daily Traffic Counts indicate
3,760 vehicle trips per day on Main Street as it connects to the freeway just south
of the subject property. The IDOT counts also indicate 14,600 vehicle trips per day
REZONING STAFF REPORT Page 2
along the freeway just north of the subject property, and 16,300 vehicle trips per
day on the Locust Street Connector just north of the subject property.
Public Services: Existing public services are adequate to serve the site.
Environment: Staff does not anticipate any adverse impact to the environment as
the property is almost fully developed.
Adjacent Properties: The subject parcel is surrounded by primarily public right-of-
way, park area or industrial development and; therefore, should have very limited
impact on adjacent properties.
CiP investments: None proposed.
Staff Analysis: The applicant is proposing to rezone the north half of an existing large
two-story brick industrial building from LI Light Industrial to C-4 Downtown Commercial
zoning district. The building is $,000 square feet on each of two levels and is located on
a 13,000 square foot lot. There is approximately 5,000 square feet left for parking area.
The building is bordered on three sides by public right-of-way and parks, and on the
fourth side by the other half of the existing industrial building, which accommodates
Higley Chemical. The existing building contains a bar on the second floor and a legally
non-conforming beauty salon on the main floor. The beauty salon has not operated for
some time.
Bars and indoor restaurants are permitted uses in Light Industrial districts. It is the
applicant's intention to remodel and lease the main floor out for retail sales. Retail
sales is not a permitted use in a Light Industrial District. The north half of the building
has been used for commercial uses, including the bar and hair salon for quite some
time. There appears to be little potential for conflict between retail customers and
industrial users at this location because Higley Chemical is the only industrial user on
the same block.
The subject property is accessed from Main Street by northbound traffic along Main
Street or by north and southbound traffic from Highway 61/151/52 from the Main Street
connector. The request represents an expansion of the C-4 district from the Old Main
area across the Locust Street Connector.
Staff recommends the Commission review Section 6-1.1 of the Zoning Ordinance which
establishes the criteria for granting a rezoning.
Prepared by: ~' I~l~_~,~,,zJ,~.'-~'~ Reviewed:
Prepared by: Laura Carstens, City Planner Address: 50 W, 13th Street Telephone: 563-589-4210
ORDINANCE NO. 55-03
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT 44 MAIN STREET FROM LI LIGHT
INDUSTRIAL DISTRICT TO C-4 DOWNTOWN COMMERCIAL 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 LI Light Industrial District to C-4 Downtown Commercial District to wit:
Lot 10A of the W ~ Block 1 Dubuque Harbor Company Addition, Lots 13,
14 and 15 ofW % of Block 1 Dubuque Harbor Company Addition, balance of W
~ Lot 12 Block 1 Dubuque Harbor Company Addition, 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
Attest:
21st day of July 2003.
Terrance M. Duggan, Mayor
Jeanne F. Schneider, City Clerkl
Prepared by: Laura Carstens, City Planner Address: 50 W, 13th Street Telephone: 563-589-4210
ORDINANCE NO.
, -03
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT 44 MAIN STREET FROM LI LIGHT
INDUSTRIAL DISTRICT TO C-4 DOWNTOWN COMMERCIAL 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 LI Light Industrial District to C-4 Downtown Commercial District to wit:
Lot 10A of the W % Block 1 Dubuque Harbor Company Addition, Lots 13,
14 and 15 ofW % of Block 1 Dubuque Harbor Company Addition, balance of W
% Lot 12 Block 1 Dubuque Harbor Company Addition, and to the centeriine 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
2003.
Attest:
Terrance M. Duggan, Mayor
Jeanne F. Schneider, City Cierk