Zoning Text Amend Tschiggfrie
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Planning Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 589-4210 office
(563) 589-4221 fax
(563) 690-6678 TDD
planning@cityofdubuque.org
www.cityofdubuque.org
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September 9, 2004
The Honorable Mayor and City Council Members
City of Dubuque
City Hall- 50 W. 13th Street
Dubuque IA 52001
RE: Text Amendment
Applicant: Ed TschiggfriefTschiggfrie Excavating Co.
Description: To add retail sales and service as a conditional use in the HI Heavy
Industrial zoning 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, reviewing the advantages to allowing retail
sales and services as a conditional use in the HI District.
Staff reviewed existing areas of the community that are zoned Heavy Industrial. Staff
also noted that for conditional uses, property owners within 200 feet are notified of a
public hearing before the Zoning Board of Adjustment.
There were no public comments.
The Zoning Advisory Commission discussed the request, noting that the text
amendment will help make productive use of old multi-story industrial buildings.
Recommendation
By a vote of 5 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,
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Jeff Stiles, Chairperson
Zoning Advisory Commission
Service
People
Integrity
ResponsibHity
Innovation
Teamwork
Prepared by: Laura Carstens CitY Planner Address: 50 W. 13th St.. CitY Hall Telephone: 589-4210
ORDINANCE NO. 70-04
AN ORDINANCE AMENDING SECTION 3-4.2(D) OF THE CITY OF DUBUQUE
CODE OF ORDINANCES BY ADDING RETAIL SALES AND SERVICE USE AS A
CONDITIONAL USE IN THE HI HEAVY INDUSTRIAL ZONING DISTRICTS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Section 3-4.2(D) of the Code of Ordinances is hereby amended by
adding retail sales and service as a conditional use in the Heavy Industrial District as
follows:
2) Retail sales and service, provided that:
a) Retail sales and service activity shall not be permitted in an
area where parking and pedestrian traffic is likely to conflict
with on-site or adjacent industrial users;
b) If located within an actively used industrial building, the retail
use is fully physically separated from any industrial uses; and,
c) That the parking group requirements can be met. [17]
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 20th day of September
2004.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
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oty of Dubuque
Planning Services Department
Dubuque, IA 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
PLANNING APPLICATION FORM
0 Variance 0 Rezoning
DConditional Use Permit DPlanned District
DAppeal DPreliminary Plat
DSpecial Exception DMinor Final Plat
DUmited Setback Waiver DText Amendment
DSimpie Site Plan
DMinor Site Plan
0 Major Site Plan
0 Major Final Plat
DSimpie Subdivision
DAnnexation
DTemporary Use Permit
DCertiñcate of Economic Non-Viability
DCertiñcate of Appropriateness
DOther:
Please tvue or Drint legibly in ink
pnopertyowner(s): ]:£cJ/,-6¿ F,..;c.. I;;Pj..c.Av¡é} /-""7~ Phone: .J~~J 5S77ysT;)
Address:tf,.zS-J../-ìeN f)uJ"tP-IA-< ,P,.oty:J2¡,,(2«-<t ' State~ZiP: ..s-~t:Ã:?3
Fax Number:SbJ SS7 7S'S ~- Mobile/Cellular Number: ..537 7 'ISO
Applicant/Agent: Ed ~Gf}" 66 r/l ,'c phone:S:5>316tJ>
Address: 1/fX> Jut,-.,., [)U"'~If" ¡}y- Oty: at¡",a~ State:2ZiP:S-~ca.3
Fax Number: v~r 00 L/i( Mobile/Cellular Number: ~-rt? .]o.;¿£
Site location/address: JCl,IA
Existing zoning: hl..z: Proposed zoning: ---ØÆ.. Historic District: ~ Landmark: ~A
Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): .1//,4
T" ~,.\-"¡ f?~:1
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CERl1ACA110N: I/we, the undersigned, do hereby certify that:
1. The infonmation submitted herein is true and correct to the best of my/our knowledge and upon
submittal becomes public record; .
Fees are not refundable and payment does not guarantee approval; and
All additional required and graphic materials are attached.
Date: ¿;~j-þ!
Date: ' /
2.
3.
Property Owner(s):
Applicant/Agent:
FOR OFFICE USE ONLY - APPLICA
Fee~{b Received by: /-
DSite/sketch plan 0 Conceptual Devel pment Plan
Dlmpnovernent plans DDesign review project description
N SUBMITTAL CHECKLIST
Date: (;/25/0 ~et:
, ,
Dphoto DPlat
DAoor plan DOther:
August 4, 2001
City of Dubuque
Planning and Zoning
13th & Central
Dubuque, Iowa
Tschiggfrie Excavating is the owner of the 3 story building located between 9th and 10th East of Jackson Street I am
requesting a text amendment to the heavy industrial zone district. This building is 220' by 260' and is one of the old
Caradco Millwork buildings. We have owned this building for over 20 years as is becoming very apparent that it is
virtually impossible to find tennants that is in the heavy industrial use needs, so some areas in the building continue to
deteriate and stay vacant (as some ofthe other heavy industrial buildings in our area are experiencing the same), so to
attract a new usage we would like to have retail sales and service as a conditional use in the HI Heavy Industrial
zoning district, as we have one tenant and have other inquiries in this type of usage, as some other property owners
experiencing the same.
We feel that this would substanially revitalize this area. We had a meeting with staff and Lyle Whelan, owner of the
old Eagle Manufacturing Bldg. and John Rettermeier owner of the Kretchmer Building and Tim McNamara owner of
the Wilmac Properties, everyone is 100% in agreement with the added usage and all looking forward to a favorable
approval.
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MEMORANDUM
July 28, 2004
TO:
FROM:
Zoning Advisory Commission
Guy Hemenway, Assistant Planner ~
SUBJECT: Retail Sales and Service as a Conditional Use in Heavy Industrial Districts
INTRODUCTION
On June 25,2004, Mr. Ed Tschiggfrie of Tschiggfrie Excavating Co., submitted an
application asking to permit retails sales and service as a conditional use in HI Heavy
Industrial districts. Mr. Tschiggfrie's intent is to allow redevelopment of underutilized
buildings primarily located in the red brick warehouse district. Because he proposes
retail sales and service as a conditional use, the Zoning Board of Adjustment would
examine each location and proposal to determine its suitability.
DISCUSSION
There is approximately 1,300 acres of property zoned HI Heavy Industrial district within
the corporate limits of the City of Dubuque. The heavy industrial districts consist of four
areas - two large areas and two small areas. The two small districts are North End
Wrecking at 32nd and Central Streets and Boyes Wrecking at Peru Road and Roosevelt
Street. The two large districts are located east of White and Garfield Streets along the
Highway 151/61 freeway corridor and Kerper Boulevard and at Dubuque's south end
east of the railroad tracks between the railroad and the river (see attached map). Many
of the buildings in the industrial area on the south end of the City and along Kerper
Boulevard are newer steel buildings currently being utilized for industrial purposes, and
are not likely to be redeveloped for retail sales and service. However, there are manK
large, multi-story, older buildings in the red brick district primarily between 4th and 161
Streets that have greater potential for redevelopment as retail uses.
Existing Heavy Industrial districts allow some retail sales and service uses including
indoor restaurants, drive-up/carry-out restaurants, bars/taverns, banks and gas stations/
convenience stores. The original reason for limiting specialty retail of a less intense
nature from heavy industrial districts is to two-fold. The first reason is that often
specialty retail does not mix well with the industrial use and second commercial
enterprises sometimes compete for and consume the city's reserve of heavy industrial
property.
Retail Sales and Service as a Conditional use in HI Districts
Page 2 of 2
It is common in many communities, especially in larger urban areas, for underutilized or
unutilized industrial buildings to be converted to commercial uses. Typically commercial
uses are permitted in vacant or abandoned industrial areas, and not associated with
existing or active industrial use. Currently, there are a number of large unused or
underutilized multi-story industrial buildings in the red brick district.
The conditional use process requires that the applicant meet certain conditions, and that
the Zoning Board of Adjustment, which can place additional conditions on development,
review the request. This process also requires that property owners within 200 feet of
the proposed use be notified and invited to attend a public hearing.
RECOMMENDATION
Staff recommends that the following criteria for a conditional use permit for retail sales
and service within heavy industrial districts.
The following conditional use is permitted in the HI District, subject to the provisions of
Section 5 of this Ordinance, and are the minimum requirements for application to the
Board of Adjustment.
1. Retail sales and service uses, provided that:
a. Retail sales and service activity shall not be permitted in an area where
parking and pedestrian traffic is likely to conflict with on-site or adjacent
industrial users;
b. If located within an actively used industrial building, the retail use is fully
physically separated from any industrial uses; and,
c. The parking group requirements can be met.
CONCLUSION
If the Zoning Advisory Commission approves the amendment and adopts the above
language, retail sales and service would be permitted in buildings that are currently
located within heavy industrial districts. Staff recommends the Commission review this
proposal and consider any additional conditions they deem appropriate regarding retail
sales and services in a heavy industrial district.
GH/mkr
Attachments
WILMAC PROPERTY COMPANY
801 Jackson Street
Dubuque, Iowa 52001
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CITY OF DU8UQUE
PlANNING SERVICES DEPARTMEN
July 01,2004
Kyle Kritz
Planning & Zoning Depart.
13th & Central
Dubuque, IA 52001
Dear Kyle:
This letter is to express my support of the Text Amendent Ed
Tschiggfrie initiated to allow retail as a conditional use in heavy
industrial zoning.
As you know, the buildings in the Warehouse District are evolving
to new uses. This additional use will increase their economic vi-
ability and promote revitalization of downtown and preservation of
this historic district.
Sincerely,
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Tim McNamara
563-556-8881
Center City Development L.L.C.
Lyle Whalen, President
Corporate Office
2400 Kerper Blvd.
Dubuque, IA 52001
Kyle Kritz
City of Dubuque
Planning & Zoning
13th & Central
HE: Zoning Alterations in Warehouse District
Dear Kyle and Commision Members :
I strongly agree with and support the request from Ed 1Schiggfrie to consider expanding
the allowable uses for the buüdings in this district. This area has possibilities that we hope to
see fuJfiJled, and expanding the allowable uses will help get this transfonnation started.
800-782-8235 . 563-582-8235 . Fax 563-556-5520
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RETTENM¡\IER
FLOORING
1105 Lorasßoulevard
Dubuque, Iowa 52001
563-583-8876
563-583-8715-Fax
AUGUST 5. 2004
- ,.,.
KYLE KRITZ -
PLANNING & ZONING DEPT.
13TH & CENTRAL AVE.
DUBUQUE, IA 52001
DEAR KYJ-E
WE ARE IN COMPLETE AGREEMENT WITH ED TSCHIGGFRIE IN HIS REQUEST
FOR THE T~XT A'MENDMENT TO ALLOW RETAIL AS'A CONDITIONAL ,USE IN
HEAVY INDUSTRIAL ZONING. .
IT IS' APPARENT THAT THE DOWNTOWN AREA IS EVOLV.INGTO NEW USAGE.
THIS ADD IONAL RETAIL USE WILL REVITALIZE THE DOWNTOWN AREA. ALL
PARTIES INVOLVED LOOK FORWARD TO A FAVORABLE APP,ROVAL
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City of Dubuque
H I Districts
Heavy Industrial Districts
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City of Dubuque
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