Loading...
Zoning Text Amend Tschiggfrie '~"-. DI~~WuE ~cÆ~ 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 .J 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, ft If ~. """I t. YlVL- 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 ~ D~ ~~~ 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 ......t 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. ~ j I \ II "1- '", : tJ). II ~ :: mmí!'.'~h. .,Ii ~'l~ \ .il 0:'. ¡:;, .' j; ill '-..' \) ~ ~ ~"ft~ ~ -.J ,) ~"'-11! ~ ~!D --~ ~ {-¥!,. - "9 ,,~, .. " .1.1 ~:;¡ .. !-I "" , , ) " I; I ~: ~~~, I' III N I,ll . :'" I ¡ " I I I 4 '~ I ~~ . ~ ~ ~ò~ ' ,-'; =:: '-", , ~ ........ 1"'<) 1>- .... ~ "-1 ~ j [-: " I :s ~ r\ "- ex ? V1 Ii) .'., I.. .~Y' ./ ,.,'<' S' ~~ 7l '-- ~j'~-"-l.'~ r' . _l~ i ~ ~ : " ..{... ,.... -.----.S ~, " '" ==--..-- . '--~I '(ii-I .~/¡' ., : I,? ">r-, <? . ""r,! ..~- . II . :~~ì =-\Qo~-'" -=> " I '- ~~ i ::t- ' ~ "" ~ "" ~< t:::Q, . \-)- \ ,~ . '- -:j' .--; ~, ~ ~l \ \..... 'J Q \) )\~ ~I :V) T , \ , ~ <0 , ..... '-Q f1:, . , i J ~ ~ l~ ' ~ ~ G ~ : - '- ìJ ~~ ~~ ~ t\J ~ , i . ¡ ) ./ , ,.. \. \~ )\" D~ ~cÆ~ 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 fõ)~@~O\Yl~ UùBV 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, ~LI(~ 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 ?"~~ ~ ~I'.~-r! JW III" :f !:, 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 ,/ ./ ,/ .,' City of Dubuque H I Districts Heavy Industrial Districts 0 L- 1 Miles , City of Dubuque H I Districts Heavy Industrial Districts 0 , 1 Miles ,