Request to Rezone_901 Rhomberg Avenue_HallahanPlanning Services Department
City Hall
50 West 13th Street
Dubuque, IA 52001 -4864
(563) 589 -4210 phone
(563) 589-4221 fax
(563) 690 -6678 TDD
planning @cityofdubuque.org
The Honorable Mayor and City Council Members
City of Dubuque
City Hall — 50 W. 13th Street
Dubuque IA 52001
Masterpiece on the Mississippi
Dubuque
Army
2007
October 6, 2011
Applicant: Chad Hallahan
Location: 901 Rhomberg 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, reviewing the proposed use of the property
for a tattoo parlor, and explained he mistakenly thought the property was already zoned
for the use.
Staff reviewed the surrounding zoning and land use. Staff noted receipt of an
anonymous letter opposed to the request. Staff noted the allowed uses in both the C -1
and C -2 zoning districts.
There were no public comments.
The Zoning Advisory Commission discussed the request, reviewing that the small size
of the parcel will limit the number of uses that can locate on the property, whether it's
zoned C -1 or C -2. The Commission also noted that the Zoning Board of Adjustment
must also hold a public hearing on the applicant's conditional use permit request.
Recommendation
By a vote of 6 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.
Service
People
Integrity
Responsibility
Innovation Teamwork
The Honorable Mayor and City Council Members
Page 2
Respectfully submitted,
(1JAA/itt 14/iiiabiliP,&
Charlie Miller, Chairperson
Zoning Advisory Commission
Attachments
cc: Mary Rose Corrigan, Health Services Manager
Service People Integrity Responsibility Innovation Teamwork
Masterpiece on the Mississippi
['Variance
[Conditional Use Permit
['Appeal
['Special Exception
['Limited Setback Waiver
[Rezoning /PUD
Dubuque
ruff
2007
PLANNING APPLICATION FORM
❑Preliminary Plat
['Major Final Plat
['Minor Final Plat
['Simple Site Plan
['Minor Site Plan
['Major Site Plan
❑Simple Subdivision
['Text Amendment
['Temporary Use Permit
['Annexation
[Historic Revolving Loan
[Historic Housing Grant
Please type or print iG legibly in ink
Property owner(s): �7 Re/ . S e,
Address: /7o(P (A5Y /t/rbei/,tlt Lif City: ,[]4(6ap-c..4.-
Fax #: Cell #: c.7 3 "-li3/ "499( E -mail:
Applicant/Agent: 0ieo i f lG2- y"740' /?') Phone: _6-4,3 `.6-/ J53
Address: & Ye 0iCi/917 P/ City: s�� (,l i. L State: — Zip:.. v?LYl
Fax #: Cell #:..9o3'/S /- :35- E -mail: f) (7/4/41 /4 /u1,1 y / %Ci•. .
Site location /address: 7 0/ ?tlyi'# ,e ji ,ze,=•:,-- i - -r . e,U /
Existing zoning: C / Proposed zoning: e 4 District: /i' /4" Landmark: ❑Yes to
Planning Services Department
City Hall — 50 W. 13th Street
Dubuque, IA 52001 -4864
Phone: 563-589-4210
Fax: 563 - 589 -4221
planning @citvofdubuciue.orq
[Certificate of Appropriateness
DAdvisory Design Review (Public Projects)
[Certificate of Economic Non - Viability
['Historic Designation
[Demolition in Conservati District
g]Neighborhood Assoc. 1l'►vt 1114rho
'
Phone:
b1,3 - s/ - W9?'
State: --1-'4 z5'/ "S-5 7
Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): M. /3 V7% U/
Total property (lot) area (square feet or acres):
Describe proposal and reason necessary (attach a letter of explanation, if needed): / 0 Ope Al A 7/9-V50
caR
CERTIFICATION: I /we, the undersigned, do hereby certify /acknowledge that:
1.
2.
3.
4.
It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive
covenants.
The information 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 written and graphic materials are attached.
Property Owner(s): Date:
Applicant /Agent(s): :•> er,27< i=-ad -
Date: 0 //P /4u //
FOR OFFICE USE ONLY
-1 v Fee: Received by: j." Date:
x
Docket:
Base Data Provided by Dubuque County GIS
Masterpiece on the Mississippi
Dubuque
`111I�
2007
Vicinity Map
Applicant: Chad Hallahan
Location: 901 Rhomberg Avenue
Description: To rezone property from C -1
Neighborhood Commercial District to C -2
Neighborhood Shopping Center District.
Legend
IV 901 Rhomberg
Zoning
Path: H:\Planning Services \Vicinity Maps\ZAC Vicinity Maps\projects \901 Rhomberg Rezoning 09_13_11.mxd
REZONING STAFF REPORT Zoning Agenda: October 5, 2011
Property Address:
Property Owner.
Applicant
901 Rhomberg Avenue
Greg Esser
Chad Hallahan
Proposed Land Use:
Existing Land Use:
Adjacent Land Use:
Tattoo Parlor
Salon
North — Residential
East — Residential
South — Residential
West - Residential
Former Zoning: 1934 — Two - Family; 1975 — R -3; 1985 — C -1
Total Area: 3,500 square feet.
Proposed Zoning: C -2
Existing Zoning: C -1
Adjacent Zoning: North — R -2A
East — R -2A
South — R -2A
West — R -2A
Property History: The property was originally subcivided circa 1900 as part of Hooper's
Addition. A small gas station was built at this location in 1936. The buildingwas
subsequently reused for a number of commercial uses and was most recently a salon.
Physical Characteristics: The subject lot is approximately 3500 square foot lot that
accommodates an existing 100 square foot commercial building. The property is located on
a corner lot with approximately 70 feet of frontage along Rhomberg Avenue and 65 feet of
frontage along Humboldt Street. The property is full paved, with curb cut access to parking
on both Rhomberg Avenue and Humboldt Street.
Concurrence with Comprehensive Plan: The Comprehensive Plan Land Use and
Urban Design goals encourage the concept of mixed -use development to encourage
diverse and self- sufficient neighborhoods and also recommends buffering incompatible
uses from each other. The proposed land use map recommends commercial use for
this property.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site.
Traffic Patterns /Counts: The Iowa Department of Transportation 2005 average daily
traffic counts indicate 8,400 vehicle trips per day on Rhomberg Avenue directly south of
the subject property and 7,400 vehicle trips per day on Rhomberg Avenue directly north
of the subject property.
Public Services: Existing public services area adequate to serve this site.
Rezoning Staff Report— 901 Rhomberg Avenue Page 2
Environment: Staff does not anticipate any adverse impact to the environmentas the
property currently is fully developed.
Adjacent Properties: Rezoning the property from C-1 to C -2 should have little additional
impact on the adjacent residential properties. Because of site constraints and building
size, the property should generate wry little traffic or demand on parking over and
above those uses permitted in the existing G1 District.
CIP Investments: None proposed.
Staff Analysis: The applicant is proposing to rezone an approximately 3,600 square foot lot
with a 1,100 square foot commercial building located at 901 Rhomberg Avenue from C -1
Neighborhood Commercial District to G2 Neighborhood Shopping Center District. The
applicant has stated his intent is to open a tattoo parlor at this location. The propertywas
most recently used as a beauty salon.
The property is located on a corner lot at the intersection of Humboldt Street and Rhomberg
Avenue in a mixed -use area. The area is characterized by corner neighborhood commercial
development surrounded by single- and multi - family residences. There is parking available
on the subject lot; however, it is substandard in that it does not have the minimal salI depth
and drive aisle width. The parking lot can accommodate approximately 3 to 4 cars. Staff
anticipates that there will be little addtional traffic generated at this location if the proposed
zoning change is approved.
The C -1 district allows 15 principle permitted uses and the G2 district allows 21 principle
permitted uses. Retail sales and service is permitted in both districts; ha/ever, some of the
more intense uses such as an indoor restaurant or gas station require conditional use
permits in a C -1 district and are permitted by right in a C -2 District.
The applicant's intention is to convert this propertyto a tattoo parlor. In a C -2 district, a
tattoo parlor requires that a conditional use permit be reviewed and approved by the Zoning
Board of Adjustment. Conditional use permits require that neighbors within 200 feet of the
subject lot receive written notification of the meeting. The Board can place any conditions on
the business that they feel may help mitigate the potential negative impactsto the
neighborhood.
Staff recommends that the Zoning Advisory Commission review Article 9.5 of the Unified
Development regarding reclassification of property.
Prepared by: (c k6t- -i „w Reviewed: . e: / 2S• /(
f: \users\kmunson \wp \boards- commissions\zac\staff reports\zac staff reports 2011901 rhomber rezoning stf rpt 09_27_11.doc
5 -11 C -2 Neighborhood Shopping Center
The C -2 District is intended to ensure that the size of the commercial center, the nature of uses
permitted and the locational characteristics are such that the grouping of such uses will not
adversely affect surrounding residences and do not detract from the residential purpose and •
character of the surrounding neighborhoods.
5 -11.1 Principal Permitted Uses
The following uses are permitted in the C -2 District:
1. Appliance sales or service
2. Artist studio
3. Automated gas station
4. Bank, savings and loan, or credit union
5. Barber or beauty shop
6. Furniture upholstery or repair
7. Furniture or home furnishing sales
8. Gas station
9. General office
10. Indoor restaurant
11. Laundry, dry cleaner, or laundromat
12. Medical office
13. Neighborhood shopping center
14. Personal services
15. Photographic studio
16. Place of religious exercise or assembly
17. Public or private park, golf course, or similar natural recreation area
18. Railroad or public or quasi - public utility, including substation
19. Residential use above the first floor only
20. Retail sales and service.
21. School of private instruction
5 -11.2 Conditional Uses
The following conditional uses may be permitted in the C -2 District, subject to the provisions of
Section 8 -5:
1. Animal hospital or clinic
2. Carwash, self - service
3. Licensed adult day services
4. Licensed child care center
5. Restaurant, drive -in or carryout
6. Wind energy conversion systems
7. Passenger transfer facility
8. Tattoo parlor
9. Pet daycare or grooming
5 -11.3 Accessory Uses
The following uses are permitted as accessory uses as provided in Section 3 -7:
1. Any use customarily incidental and subordinate to the principal use it serves
2. Wind turbine (building- mounted).
5 -11.4 Temporary Uses
Temporary uses shall be regulated in conformance with the provisions of Section 3 -19.
5 -11.5 Parking
Minimum parking requirements shall be regulated in conformance with the provisions of Article
14.
5 -11.6 Signs
Signs shall be regulated in conformance with the provisions of Article 15.
5 -11.7 Bulk Regulations
C2 Neighborhood
Shopping Center
All Uses
Min Lot
Area
(square
feet)
Min Lot
Frontage
(feet)
Minimum 20 feet for garages facing a street.
z When abutting a residential or office - residential district, a 20 foot side setback is required.
a When abuttin• a residential or office - residential district, a 20 foot rear setback is required.
Max Lot
Coverage
(% lot
area)
Setbacks
Front (feet)
Min
101
Max
Min
Side2
(feet)
Min Rear3
(feet)
Max
Height
(feet)
30
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210
Return to: Kevin S. Firnstahl, City Clerk Address: City Hall, 50 W. 13th St Telephone: 589 -4121
ORDINANCE NO. 48 -11
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT 901 RHOMBERG AVENUE FROM C -1
NEIGHBORHOOD COMMERCIAL DISTRICT TO C -2 NEIGHBORHOOD SHOPPING
CENTER DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, is hereby amended by reclassifying the hereinafter described property
from C -1 Neighborhood Commercial District to C -2 Neighborhood Shopping Center District,
to wit:
Lot 1 of 15 and Lot 1 of 16 Hooper's 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 upon publications, as provided by law.
Passed, approved and adopted this 17th clay of October 2011.
Attest:
Kevi S. Firnstahl, City Clerk
Roy D. Buhl; Mayor
OFFICIAL
PUBLICATION
NANCE NO. 48-11
ORDOIANCE
ING TIME 16
CITY
E CODE OF
CI-; V
7i.yo
PRO-
AT
G AVE-
?G1
NEIGHBORj; OOiD
401N <ER
c °::-.;L N�•rryanmJ MOIRE BE
IT .ORDAI'NED* Y ITIE
CITY COUNCIL OF THE
CITY OF DUBUQUE,
IOWA:
Section 1. That Title
16 of . the .City, of
Dubuque Code of
Ordinances, Unified
' Development Code, is
hereby amended by
reclassifying the
hereinafter described
property from C -1
NeighborhoodCommer-
cial District to C -2
Neighborhood Shop-
ping Center District, to
wit
Lot 1 of 15 and Let 1
of 16 Hooper's
Addition, and to the
centerline of the
adjoining public right -
of -way,• all in the City
of'Dubuque, Iowa.
Section 2. "T,He
foregoing amendrhent
has heretofore been
reviewed by the Zoning
Advisory Commission
of the City of Dubuque,
Iowa,
Section 3. • This
Ordinance shall take
effect upon pdblica-
tions, as provided by
IaW.
Passed, approved and
adopte. • #his 17th day
of October, 2011.
'/s/Roy'D. Buol, Mayor
Attest
/s emin 5 Firnstahl,
City Clerk
• Published officially in
the Ilegaph-Herald
;Newspei' 'thz 21st
d'ay o cctotier, 2011.
/s/Kevin S. Firnstahl,
City Clerk
It 10/2'1
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: October 21, 2011, and for which the charge is $20.15.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this d5 day of , 20/7 .
Notary Public in and for Dubuque County, Iowa.
e, i' Y K. W'ESTER;,:._
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Planning Services Department
City Hall
50 West 13th Street
Dubuque, IA 52001 -4864
(563) 589 -4210 phone
(563) 589 -4221 fax
(563) 690 -6678 TDD
planning @cityofdubuque.org
Chad Hallahan
2401 Rhomberg Avenue
Dubuque IA 52001
Masterpiece on the Mississippi
RE: City Council Public Hearing — Rezoning Request
Dear Applicant:
Dubuque
krted
All- anericaCity
11111 !
2007
October 6, 2011
The City Council will consider your request to rezone property located at 901 Rhomberg
Avenue at a public hearing on Monday, October 17, 2011. Please attend this meeting,
or send a representative to the meeting in your place to present your request and
answer questions. City Council meetings begin at 6:30 p.m. in the City Council
Chamber, 2nd Floor, Historic Federal Building (Post Office), 350 W. 6th Street, Dubuque,
Iowa.
Please contact the Planning Services Department at (563) 589 -4210 if you need more
information or have any questions.
Sincerely,
7
Kyle L. Kritz
Associate Planner
Enclosures
cc: Kevin Firnstahl, City Clerk's Office
Service
People
Integrity
Responsibility
Innovation
Teamwork
Planning Services Department
City Hall
50 West 13th Street
Dubuque, IA 52001 -4864
(563) 589 -4210 phone
(563) 589-4221 fax
(563) 690 -6678 TDD
plarming@cityofdubuque.org
Greg Esser
17062 Castlemaine Lane
Dubuque IA 52001 -8517
THE CITY OF
DUB
Dubuque
E
11 1'
2007
Masterpiece on the Mississippi
RE: City Council Public Hearing — Rezoning Request
Dear Applicant:
October 6, 2011
The City Council will consider your request to rezone property located at 901 Rhomberg
Avenue at a public hearing on Monday, October 17, 2011. Please attend this meeting,
or send a representative to the meeting in your place to present your request and
answer questions. City Council meetings begin at 6:30 p.m. in the City Council
Chamber, 2nd Floor, Historic Federal Building (Post Office), 350 W. 6th Street, Dubuque,
Iowa.
Please contact the Planning Services Department at (563) 589 -4210 if you need more
information or have any questions.
Sincerely,
Kyle L. Kritz
Associate Planner
Enclosures
cc: Kevin Firnstahl, City Clerk's Office
Service People
Integrity
Responsibility
Innovation
Teamwork
u
given the the Dubuque
City Council will con-
duct public hearings at
a meeting to
commence at 6:30 p.m.
on Monday, October
17, 2011, in the Historic
Federal Building, 350
West 6th Street, on the
following:
Rawlings
Request from Chad
Kallahan, to rezone
property located at 901
Rhombetg Avenue
from C -1 Neighborhood
Commercial District to
C -2 Neighborhood
Shopping Center
District.
Copies of supporting
documents for the
public hearings are on
file in the City Clerk's
Office and may be
viewed during normal
working hours.
Written comments
regarding the above
public hearings may be
submitted to the City
Clerk's Office on or
before said time of
public hearing. At said
time and place of
public hearings. all
interested citizens and
parties will be given an
opportunity to be
heard for or against
said rezoning.
Any visual or hearing
impaired persons need-
ing special assistance
or persons with special
accessibility needs
should contact the City
Clerk's Office at (563)
589 -4120 or TTY (563)
690-6678 at least 48
hours prior to the
meeting.
Kevin S. Firnstahl
City Clerk
1t 10/8
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: October 08, 2011, and for which the charge is $16.28.
P1AF
Subscribed to before me, a otary Public in and for Dubuque County, Iowa,
this peh day of
20// .
i
fAli/d
otary Public in and for Du
uque County, Iowa.
MARY K. WESTER -
Commisslon Numt:er 1�