Request to Rezone_1072 Locust Street (Shalabi/Muench)Page 1 of 1
Kevin Firnstahl - 1072 Locust -- withdraw re- zoning application
From: Leslie Shalabi <lshalabi @pltnm.com>
To: "kfirnsta @cityofdubuque.org" <kfirnsta @cityofdubuque.org>
Date: 9/16/2013 10:43 AM
Subject: 1072 Locust -- withdraw re- zoning application
CC: "kkritz @cityofdubuque.org" <kkritz @cityofdubuque.org >, Mike Muench
<mmue...
Dear Mr. Firnstahl,
My partner Mike Muench and I would like to withdraw our application for re- zoning of the property at 1072
Locust Street, as we have withdrawn our offer to purchase the property.
Please let know if you have any questions.
Thank you.
Leslie
Leslie Shalabi
Media Director
563.557.2504 ext. 6855
lshalabi @pltnm.com
V/PI A TINUl1�
6UPPLfiMENTAL INSURANCE
SUPPLEMENTAL INSURANCE
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563.557.2504 1 866.225.0727 1 fax 563.557.9180
in UM
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file : / / /C:/Users/kfirnsta/AppData /Local /Temp/XPgrpwise /523 6E0C2DBQ_... 9/16/2013
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
Leslie Shalabi /Mike Muench
323 Jones St.
Dubuque IA 52001
Dubuque
AIFAmericaCity
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RE: City Council Public Hearing — Rezoning Request
THE CITY OF
DUB
Masterpiece on the Mississippi
September 5, 2013
Dear Applicant:
The City Council will consider your request to rezone property located at 1072 Locust
Street at a public hearing on Monday, September 16, 2013. 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.
The Zoning Advisory Commission recommended approval of your request with
conditions. If you don't agree with the conditions, please be prepared to discuss your
reasons at the public hearing. If you agree to the conditions placed on your rezoning
request as described in the enclosed ordinance, please have the property owner sign
and date the enclosed acceptance form in the presence of a notary. Please return the
signed acceptance form to City Clerk Kevin Firnstahl, City Hall, 50 W. 13th Street, by
12:00 p.m. on Monday, September 16, 2013.
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
Service People Integrity Responsibility Innovation Teamwork
Page 1 of 1
Kevin Firnstahl - "Contact Us" inquiry from City of Dubuque website
From:
To:
Date:
Subject:
Attachments:
"Citizen Support Center" <dubuqueia @mycusthelp.com>
<kfirnsta @cityofdubuque.org>
9/16/2013 11:26 AM
"Contact Us" inquiry from City of Dubuque website
Counci11072.doc
Contact Us
Name: J. Thomas Zaber
Phone: 563 -599 -4099
Email: zabes @q.com
City Department: City Council
Message: Please reference the attachments for your consideration at today's council meeting. Pm sorry that because of my
disability I cannot aqttend. Our neighbors in this 1000 block of Locust are vary protective of its historic status and are very
concerned about commercial creep into the area. You will also receive our concerns from the zoning meeting. Thank you J.
Thomas Zaber
file: / / /C:/ Users /kfirnsta/AppData/Local /Temp/XPgrpwise /523 6EAF 5DBQ_... 9/16/2013
(Prepared for City Council Meeting, September 16, 2013)
Response to Zoning Proposal
1072 Locust St.
The assertion at the last zoning meeting regarding the re- zoning of this
property was that because of the cost involved, ($300,000 plus) that rehab of
this historic structure would not be feasible without the C -4 designation.
We contend that rehab of the historic portion of this structure would not
come anywhere close to that amount of money. The addition which was
added to the historic part of this property in 1949 is in much poorer
condition than the older building at this address and should be razed.
The addition was poorly conceived and executed in 1949. This is visually
evident by the unmatched brick on its fascia aand its steel awning. but even
more so by the failures found in the basic structure of the addition such as
the plate glass window that has failed from the settling of the foundation of
this addition. In the addition, the floor is heaving and there are separations
from the parent structure that one can insert a hand into. On top of this, the
grade is such that ADA compliance for the commercial zoning would be
extremely difficult at best. We contend that there are only two reasons that
the C -4 status is being sought for this project. First, because it is easier to
get grants and loans for minorities that seek commercial development, and
because it is the commercial result that is the real intent for the rezoning of
this parcel. The restoration of the actual historic structure is a secondary
intent. Another concern is the underground oil barrel that is buried below the
addition. The failure of the foundation in the addition may very well be from
the failure of this underground tank. As neighbors, we are very concerned
that, being downgrade from this tank, we are at risk of contamination
flowing our direction. Green space on the south side of the historic building
is its best use.
That intent of this C -4 request runs counter to everything that we have been
trying to accomplish in bringing this neighborhood to its present position
over the last thirty plus years. We have spent well in excess of their budget
for this project on our properties over the years. C -4 has no parking
regulations which cause it to impair residential parking in the area. We feel
that the request for C -4 will only continue until the addition is razed and a
new addition is built and operating. We envision that the owners will then
seek separation of the two structures to, in effect, lower the taxes on the
historic residence.
Granted, the residence does need work. However, is it really necessary to
again attach it to a non - compatible use facility when the neighborhood could
really use some additional green space? That seed has already been planted
next door at the rear of the church where there is a small space for
Neighbors to read and get some fresh air or eat lunch etc..
We ask that the city council preserve our thirty year investment in our
historic neighborhood by denying the request to allow C -4 zoning to creep
into this historically significant little space right up the street from
downtown Dubuque.
Respectfully,
J. Thomas Zaber Gary Kluesner
Page 1 of 1
Kevin Firnstahl - "Contact Us" inquiry from City of Dubuque website
From:
To:
Date:
Subject:
Attachments:
"Citizen Support Center" <dubuqueia @mycusthelp.com>
<kfirnsta@cityofdubuque.org>
9/16/2013 11:29 AM
"Contact Us" inquiry from City of Dubuque website
HistoricCfour.doc
Contact Us
Name: J. Thomas Zaber
Phone: 563 -599 -4099
Email: zabes @q.com
City Department: City Council
Message: This is our presentation from the P &Z commitee meeting. They recommended approval with linitations on the
various business types. Our concern is as stated in both of our letters. Thank you, J. thomas Zaber & Gary Kluesner
file : / / /C:/ Users / kfirnsta /AppData/Local /Temp/XPgrpwise /523 6EBAADBQ... 9/16/2013
(Presented at Planning and Zoning)
Commercial Creep
In
Downtown Dubuque
We, the undersigned, represent the majority (over 75 %) of the office
residential zoned space on the ten hundred block of Locust Street downtown.
Almost twenty -eight years ago this day, a city truck pulled up in front of my
building and three city employees planted a sign outside of my office, which
proclaimed, "Now entering the Jackson Restoration District ". Bill Goetz
(who was well over age 70 at that time) and Gary Kluesner were working on
re- furbishing and re- tucking the row house to my north which they owned. I
was well into a Historically Certified Restoration of the interior of my
building on the corner of tenth and Locust Sts.
As they pulled up to plant this sign, I saw Harold Straub across the street
come to his window and watch. Sadly, Harold because of his health, is not
here this evening. He is not now able to voice his feelings concerning the
property which he tended to over the years since 1975 when the original OR
usage was allowed at 1072. Harold operated his business in a
non - conforming use, but NEVER in a non - conforming manner. Virtually all
of his plumbing activity was conducted from the rear alley of the facility.
Seldom were there plumbing trucks seen on the Locust street side. Virtually
all of the Locust side traffic was potential customers for new jobs or service
on existing installations. Street parking usage during his tenure was minimal.
Let's look at how this block thrived over the years. This block is the library,
the church, Harold, Gary Kluesner, and myself. In the eighties to the late
nineties it thrived under the umbrella of the OR designation. The early 80's
saw the church enhance the neighborhood ambiance by improving their
green space in the rear and installing reproduction lighting on which they
displayed seasonally colorful banners. Toward the end of the nineties,
American Trust in the 900 block restructured their drive -up facility. Part of
that project involved the utilities being relocated between their property and
the old Christian Science Church. Contemporaneously, but not part of that
project according to the city, was the restructuring of the utility feeds into
the Historic District. Fiber optic cables were pushed underground to the rear
of the Library and the addition of an another utility pole on 10th street with
corresponding support and gye wires was added. Harold's business was
slowing during this era as he had reached retirement age, but still, he was at
his shop every day to visit with anyone who came through the front door.
The church over these years had maintained space in Harold's place as a
youth center. We would enjoy seeing the activity during the week and on
Sunday mornings, with the parents entering church and the kids running
down to Harold's place, then later returning to church to meet their parents.
After church, they would hold social activities in the park space at the rear.
With the library, the church and our facilities, there was an aire of a small
community. John Gronen started refurbishing some of the buildings rearing
on Harold and the church, Walking street traffic increased to and from
downtown to the Library and residential points north on Locust and
increased again when IBM came to Dubuque. The last few years have been
more difficult for Mr. Straub as his health has declined. They church no
longer leases space from Harold, some tenants have not taken very good care
of the interior of the property and the outside stairway. And, Harold has not
been able to tend to the maintenance of the property to suit tenant habitation.
That gives a brief picture of the activity history of the neighborhood in the
years of "75" through "97 ". The millennium brought some more, not very
cherished encroachments to the street e.g. as aluminum signage which
proclaims the essence of where things are in the area. These signs offer a
disturbing contrast to other historically postings. They are modern chrome,
or stainless steel pillars depicting the worst of what would be found in a
historic district. They clash miserably with the antique street lighting that
the church spent good money installing and they simply do not fit the
ambiance of the district. However, there they stand in immediate proximity
of these beautiful structures.
Now, why not C -4 for this block. C -4 brings with it by definition many more
people, and, more disturbing, no parking requirements. C -4 also has the
expectations that residential living be at the upper levels above the ground
floor. In addition, we now have a building that needs substantial
refurbishing. You must, by now, sense some of our fears for this
neighborhood. Keeping it zoned OR prudently, would require that parking
inside at the rear of the Straub structure be continued for the residents. By
the way, we would also fervently hope that when the "one way, two way"
routing of traffic occurs, the City redo the NACSAR curve where tenth street
meets Bluff. We would also suggest that the overhead expressway style
signage be relocated to the expressway. Parking that is still represented by
the city on tenth street could then again be usable and benefit the shortage in
this neighborhood.
Considering the condition of the facility: Aside from the falling plaster
crumbling, stairways, and destroyed mechanical apparatus, structural faults
have been occurring between the original structure and the attached
structure(s). In addition, the floor supporting mechanicals of the addition has
failures, which may indicate the possible disintegration of the in- ground oil
storage barrel, which formerly fed the heating plant of the building. We
know that there is one there, we do not know exactly where it is located, and
our properties and the church are all down grade from it's location under that
building.
To prioritize, our concerns they would align as such:
1. C -4 would bring a further denigration of the districts character.
2. Parking, if their garage were allowed to be razed, is a real problem.
3. Parking, because C -4 has no restrictions would impair other
residential parking
4. Integrity of the structure because of its essence to maintaining the
character of the neighborhood, and, its potential for an oil
impregnation of the surrounding properties.
We humbly ask you to forgo the approval of a C -4 designation for this
neighborhood. Commercial creep would be a severe detriment to the
neighborhood's character, and if it were imposed upon us and be successful,
our structures are so unique that competing with any beneficial aspects of
this zoning would be most difficult and destroy what certified restorations
have already been completed. We have worked and earned Historic
preservation accolades for our structures and are proud to have spent many
years and many thousands of dollars keeping our facilities up to a level
befitting the slogan "Historic Dubuque ".
We strongly urge that you not allow a C -4 designation to creep into this
unique city- space.
Mr. Gary Kluesner and Mr. J. Thomas Zaber
Planning Services Department
City Hall
50 West 1301 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
September 9, 2013
Applicant: Leslie Shalabi /Mike Muench
Location: 1072 Locust Street
Description: To rezone property from OR Office Residential to C -4 Downtown
Commercial
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, Mike Muench, spoke in favor of the request, reviewing that he is
proposing to rezone the subject property to allow for a greater number of potential uses,
and that the property abuts the C -4 District fronting Main Street. Mr. Muench indicated
that they plan to renovate the building with an artist studio on the main floor and two
apartments above.
Staff reviewed the staff report, noting surrounding zoning and land use, allowed uses in
the current OR District and proposed C -4 District. Staff noted that the C -4 District does
not require off - street parking. Staff also noted that the property is within a historic
district and any exterior changes would need to follow established design guidelines.
Tom Zaber, 3074 Kane Court, said he owns the building at 1005 Locust Street, and
introduced his friend, Joseph Kluesner, 1025 Locust Street. He submitted a four -page
written document entitled, "Commercial Creep in Downtown Dubuque." He reads the
document, which outlined the history of the neighborhood, and detailed his concerns
with transformation of the neighborhood from what he said was primarily residential to
commercial uses.
There were public comments regarding concerns that some of the allowed uses in C -4
could be detrimental to existing residential dwellings along the Locust street block. The
speakers were concern about commercial creep in the Locust Street area.
The Zoning Advisory Commission discussed the request, reviewing surrounding zoning
and land use, and the list of allowed uses in the C -4 Downtown Commercial District.
Service People Integrity Responsibility Innovation Teamwork
The Honorable Mayor and City Council Members
Page 2
The Commission discussed several uses that could have a negative impact on
surrounding properties.
Recommendation
By a vote of 4 to 0, the Zoning Advisory Commission recommends that the City Council
the request with the following condition:
1) The following uses are prohibited:
a. Automated gas station
b. Gas station
c. Service station
d. Private club
e. Bar or tavern
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
/uaa A.
Charles Miller, Chairperson
Zoning Advisory Commission
Service People Integrity Responsibility Innovation
s��.c.,
Teamwork
THE CITY OF
U
Masterpiece on the Mississippi
['Variance
['Conditional Use Permit
❑Appeal
['Special Exception
❑Limited Setback Waiver
Oftezoning/PUD/ID
Dubuque
I. V�
2012
PLANIMIG PG LUCCATKOO N FORM
❑Preliminary Plat
DMajor Final Plat
DMinor 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
City of Dubuque
Planning Services Department
Dubuque, IA 52001 -4805
Phone: 563 - 589 -4210
Fax: 563- 589 -4221
pianningCthcityofdubuque.orq
❑Certificate of Appropriateness
❑Advisory Design Review (Public Projects)
❑Certificate of Economic Non - Viability
DHistoric Designation
❑Demolition in Conservation Districts
['Port of Dubuque Design Review
Please t�vpe or print Iea�ibly in ink
Property owner(s):
veld �1'tt -t, �? Phone:
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Address: City: State: Zip:
Fax #: Cell #: ( � E- mail:
Applicant /Agent: it e SWda 4i /A /"r ,/ eit idLcii Phone: & D2) -71 Z '° 65-5-2,
Address: '32-3 Jones Slr.e-et
City: DLt bin tit ��CO
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Fax #: Cell #: E -mail: eS /ie. Ski/164%e (9 Malt • CO'N i
Site location /address: /072. Ltets+" ,_c1ree Neighborhood Association:
Existing zoning: 6_- Proposed zoning:. C `°i District: 3AeLIL...bewJ fPIZ- . Landmark: ❑ Yes r[ fN°
1 0 —ZLi - -o®z_.
Legal Description (Sidwell parcel ID# or lot number /block number /subdivision):
Total property (lot) area (square feet or acres): Ll6 S 5
Describe proposal and reason necessary (attach a letter of explanation, if needed): 1-Co 1 Z o .&g
I ves[�Li) tg-el e •c 1 6r- 7140: p'o ro1✓74
CERTIFICATION: I /we, the undersigned, do hereby certify /acknowledge that:
1. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive
covenants.
2. The information submitted herein is true and correct to the best of my /our knowledge and upon submittal becomes public
record;
3. Fees are not refundable and payment does not guarantee approval; and
4. All additional required written and graphic materials are attached.
erty Owner(s): Date:
applicant /Agent: (--W/ I
Date: 8
FOR OFFICE USE ONLY e APPLICATION SUBMITTAL CHECKLIST
ui,
Fee: 6 Received by: Date:, —I-13 Docket:
Base Data Proviaed by Dubuque uuniy GIS
THE CITY OF
DUB
Masterpiece on the Mississippi
Dubuque
1
'I r
II
2012
Vicinity Map
Applicant: Leslie Shalabi /Mike Muench
Location: 1072 Locust Street
Description: To rezone property from OR Office
Residential to C -4 Downtown
Commercial
Legend
alZoning District Boundary
1072 Locust St
Path • l \Planninn Ran,icakVirinity Mans17AC Vicinity Maps\ ?rojects11072Locust09042013.mxd
REZONING STAFF REPORT Zoning Agenda: September 4, 2013
Property Address: 1072 Locust Street
Property Owner: Harold H. Straub
Applicant: Leslie Shalabi /Mike Muench
Proposed Land Use: Residential /Commercial Proposed Zoning: C -4
Existing Land Use: Residential /Commercial Existing Zoning: OR
Adjacent Land Use:
Former Zoning:
North — Parking /Commercial
East — Commercial /Residential
South — Parking lot/Church
West — Institutional /Residential
1934 — Business District
1975 — OR -1
1985 —OR
Adjacent Zoning: North — OR
East — C -4
South — OR
West — OR
Total Area: 4,355 sq. ft.
Property History: The property was originally subdivided c. 1890 as part of the original
City Lot Subdivision and a three -story brick residence was built on this site in 1900. A
single -story brick business building was built abutting the residence in 1949. The
property has remained residential and commercial subsequent to the construction of
the building addition.
Physical Characteristics: The property is a level 4,423 square foot lot with frontage on
Locust Street and abutting an alley at the rear. The parking lot for First Congregational
Church is located on the north side of the subject property with the church campus and
additional parking on the south side.
Concurrence with Comprehensive Plan: The comprehensive Plan indicates this
area should continue to be mixed use residential.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site as it is fully developed.
Traffic Patterns /Counts: IDOT 2009 Average Daily Traffic Counts indicate 4,300
vehicle trips per day along Locust Street one block south of the subject property
and 6,400 vehicle trips per day on Locust Street two blocks south of the subject
property. There are 3,670 vehicle trips per day on 10th Street a half a block south
of the subject property. The conversion of the building from OR to C -4 should
generate little additional traffic to the adjacent streets.
Rezoning Staff Report — 1072 Locust Street Page 2
Public Services: Existing public services are adequate to serve the property.
Environment: Staff does not anticipate any adverse impact to the environment as
the property is fully developed.
Adjacent Properties: The property is bordered by the First Congregational Church
parking lot and campus on either side, by an alley across from the back of
commercial and residential properties along Main Street at the rear and across
Locust Street from the Library and residential properties. Currently there is a
legally non - conforming contractor's shop in the one story addition on the south side
of the subject lot. The use of the residential structure for commercial or residential
purposes and the potential for additional commercial uses in the single -story
building that is currently a contractor shop should have limited impact on the
adjacent properties in this mixed -use neighborhood located along a busy street.
However, as the C -4 district does not require that off - street parking be provided
when a use changes, there is the potential for greater demand for limited on- street
parking in this neighborhood.
CIP Investments: None proposed.
Staff Analysis: The applicant is proposing to rezone an existing approximately 4,500
square foot lot from OR Office Residential to C -4 Downtown Commercial zoning district.
The property currently accommodates a three -story historic residence and a single -
story contractor shop built in 1949. The contractor's shop abuts the south and east
sides of the residence. The property is bordered by church parking lot and campus on
either side, an alley behind the commercial properties along Main Street, and is located
across Locust Street from the Library and several residences. The applicant's intention
is to allow more flexibility in re- development of the single -story commercial space that is
offered by the additional uses permitted in the C -4 District. The proposed rezoning
represents an expansion of the C -4 district, which abuts the rear of the property along
the alley. If the rezoning is approved, the first floor residential use of the historic house
will become legally non - conforming.
There is currently a three car garage on the subject property that is accessed from the
alley. There is no other off - street parking associated with the subject property and no
ability to add parking as the lot is fully developed. Unlike the OR district, the C -4 district
regulations do not require that additional parking be provided when the property is
redeveloped. Metered on- street parking is available on both sides of Locust Street in
front of, and across from, the subject lot.
As the subject buildings have served as a three -unit residence and legally non-
conforming contractor shop in the past, redevelopment of the property for C -4 uses
should have limited impact on the adjacent church and library and commercial, and
Rezoning Staff Report m 1072 Locust Street
Page 3
residential properties as this is a mixed use neighborhood. However, redevelopment
for some of the more intense C -4 commercial uses may generate additional demand for
the limited on- street parking available in the neighborhood.
The subject property is located in a historic district and proposed demolition or physical
changes to the exterior of the buildings would have to be reviewed by the Historic
Preservation Commission.
Staff recommends the Commission review the criteria established in Article 9 -5 of the
Unified Development Code regarding reclassification of property.
Prepared by: CCOVAA-rr' Reviewed:
Date: 8 •Z 7• 13
5 -7 OR Office Residential
The OR District is intended to serve as a transition zone between commercial and single- and
two - family residential areas permitting adaptive reuse of existing building stock, which will
normally be residential in character. This OR District is not intended to have any application in
undeveloped or newly developing areas of the City or on land made vacant through intentional
demolition. Development standards remain flexible to allow conservation and reuse of existing
buildings. This district should be located in areas abutting arterial and /or collector streets which
are, because of location and trends, suitable for development of low intensity office uses, and
high intensity residential uses.
5 -7.1 Principal Permitted Uses
The following uses are permitted in the OR District:
1. Art gallery, museum or library
2. Artist studio
3. General office
4. Hospice
5. Housing for the elderly or persons with disabilities
6. Medical office
7. Mortuary or funeral home
8. Multi - family dwelling
9. Nursing or convalescent home
10. Parking structure
11. Place of religious exercise or religious assembly
12. Public, private, or parochial school approved by State of Iowa (K -12)
13. Railroad or public or quasi - public utility, including substation
14. School of private instruction
15. Single- or two- family dwelling unit within an existing structure only
16. Townhouse (two or more laterally attached units)
5 -7.2 Conditional Uses
The following conditional uses are permitted in the OR district, subject to the provisions of
Section 8 -5:
1. Licensed adult day services
2. Bed and Breakfast home
3. Bed and breakfast inn
4. Group home
5. Licensed child care center
6. Off - premises residential garage
7. Off -street parking
8. Photographic studio
9. Private club
10. Rooming or boarding house
11. Tour home
12. Tourist home
13. Wind energy conversion system
5 -7.3 Accessory Uses
The following uses are permitted as accessory uses as provided in Section 3 -7:
1. Crematorium accessory to a mortuary or funeral home
2. Detached garage
3. Fence
4. Garage sale, provided that not more than three such sales shall be allowed per premises per
calendar year and not more than three consecutive days per sale
5. Home -based business
6. Noncommercial garden, greenhouse or nursery
7. Off- street parking and storage of vehicles
8. Satellite receiving dish
9. Solar collector
10. Spoil, recreation, or outdoor cooking equipment
11. Storage building
12. Tennis court, swimming pool or similar permanent facility
13. Wind turbine (building - mounted).
5 -7.4 Temporary Uses
Temporary uses shall be regulated in conformance with the provisions of Section 3 -19.
5 -7.5 Parking
Minimum parking requirements shall be regulated in conformance with the provisions of Article
14.
5 -7.6 Signs
Signs shall be regulated in conformance with the provisions of Article 15.
5 -7.7 Bulk Regulations
Min ,Lot Min )_ot ' Max Lot
Area Frontage Coverage;;
Permitted Uses
General Offices
50 20
Medical Offices 50 20
Single - Family 5,000 50 50 20
Two - Family 5,000 50 50 20
Multi- Family 1,200 /du 50 50 20
Townhouse 1,200 /du 16 /du 50 20
Nursing, Convalescent Home 10,000 100 50 20
Hospice 5,000 50 50 20
Housing, Elderly 10,000 - -- - -- ---
Mortuary, Funeral Home 50 20
School, Place of Religious
Exercise or Assembly 20,000 100 50 20
50 20
All other permitted use
Conditional Uses
Group Home 5,000 50 50 - --
5,000 50 50 20
- --.- - -- 50 20
5,000 50 50 20
Be_d and breakfast home
Bed and Breakfast Inn
Rooming /Boarding House
Private Club
Barber, Beauty Shop
Licensed Childcare Center,
Licensed Adult Daycare
Service 5,000 50 50 20 3 10 40
Off premise residential garage 50 20 3 10 15
Photographic Studio - -- 50 20 3 10 . 40
1 When abutting a residential district, a six foot side setback is required.
2 May be erected to a height not exceeding 75 feet, provided that such buildings shall provide at least one additional
foot of yard space on all sides for each additional foot by which such building exceeds the maximum height limit of the
district in which it is located.
50 20
50 20
3 10
3 10
50 3 10
50 3 10
3 10
3/0 10/0
31 10
3 10
31 10
10
31
3
10
10
40
40
40
40
40
40
40
40
40
40
752
40
3 10 40
50 3 10 40
50 3 10 40
3 10 40
3 10 40
3 10 ! 40
5 -14 C -4 Downtown Commercial
The C -4 District is intended to provide locations in the downtown commercial areas of the City
for a large variety of uses. The C -4 District is not intended to have any application in
undeveloped or newly developing areas of the City. The regulations for this district are designed
to encourage the maintenance of existing uses and the private reinvestment and redevelopment of
new uses.
5 -14.1 Principal Permitted Uses
The following uses are permitted in the C -4 District.
1. Agricultural supply sales
2. Animal hospital or clinic
3. Appliance sales or service
4. Art gallery, museum, or library
5. Artist studio
6. Auditorium or assembly hall
7. Automated gas station
8. Bakery (wholesale /commercial)
9. Banks, savings and loan, or credit union
10. Bar or tavern
11. Barber or beauty shop
12. Business services
13. Catalog center
14. Construction supply sales or service
15. Contractor shop or yard
16. Dental or medical lab
17. Department store
18. Furniture upholstery or repair
19. Furniture or home furnishing sales
20. Gas station
21. General office
22. Grocery store
23. Hotel
24. Housing for the elderly or persons with disabilities
25. Indoor amusement center
26. Indoor recreation facility
27. Indoor restaurant
28. Indoor theater
29. Laundry, drycleaner, or laundromat
30. Medical office
31. Mortuary or funeral home
32. Neighborhood shopping center
33. Parking structure
34. Pet daycare or grooming
35. Photographic studio
36. Place of religious exercise or assembly
37. Printing or publishing
38. Private club
39. Public, private or parochial school approved by the State of Iowa (K -12)
40. Railroad or public or quasi- public utility, including substation
41. Residential use above the first floor only
42. Retail sales or service
43. School of private instruction
44. Service station
45. Shoe repair
46. Supermarket
47. Tailor or alteration shop
48. Upholstery shop
49. Vending or game machine sales or service
50. Wholesale sales or distributor
51. Tattoo Parlor
52. Tour home
5 -14.2 Conditional Uses
The following conditional uses may be permitted in the C -4 District, subject to the provisions of
Section 8 -5:
1. Carwash
2. Licensed adult day services
3. Licensed child care center
4. Off - street parking
5. Restaurant, drive -in or carryout
6. Vehicle body shop
7. Vehicle sales or rental
8. Vehicle service or repair
9. Wind energy conversion system
10. Passenger transfer facility
5 -14.3 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).
3. Crematorium accessory to a mortuary or funeral home.
4. Drive -up automated bank teller.
5 -14.4 Temporary Uses
Temporary uses shall be regulated in conformance with the provisions of Section 3 -19.
5 -14.5 Parking
Off - street parking is not required. New surface off- street parking lots are prohibited unless
approved by the City Council. Underground and above- ground parking garages are allowed
provided they are an integral part of a new or existing building.
5 -14.6 Signs
Signs shall be regulated in conformance with the provisions of Article 15.
5 -14.7 Bulk Regulations
C4 Downtown
Commercial
Se hall s;
Min Lot Min Lot Max lot Minim Min Rea`
Area Frontage ,'; Coverage Front Side
(square (% lot
feet) (feet) -,y area) � (feet) (feet) (feet) (fee
Height„
Permitted Uses
Residential Above 1st
Floor
Vehicle Sales 20,000
All Other Permitted
Uses - -- --- - -- - -- 75
Conditional Uses
Licensed child care
center, adult day
services 3,500 50 50 - -- - - 75
All Other Conditional
Uses - -- 10 -- 75
r When abutting a residential or office residential district, a six foot side setback is required.
2 When abutting a residential or office- residential district, a 20 foot rear setback is required.
Church Lot
l
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210
Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589 -4121
ORDINANCE NO. -13
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT 1072 LOCUST STREET FROM OR OFFICE
RESIDENTIAL DISTRICT TO C -4 DOWNTOWN COMMERCIAL DISTRICT WITH
CONDITIONS
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 OR
Office Residential District to C -4 Downtown Commercial District with conditions to wit:
South 38'7" of City Lot 159, and to the centerline of the adjoining public right -of -way, all in
the City of Dubuque, Iowa.
Section 2. That 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 2013.
Roy D. Buol, Mayor
Attest:
Kevin S. Firnstahl, City Clerk
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210
Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589 -4121
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5 (2011), and as an express condition of rezoning
of the property described as:
South 38'7" of City Lot 159, and to the centerline of the
adjoining public right -of -way, all in the City of Dubuque, Iowa.
which is the subject of Ordinance No. -13 , a copy of which is attached hereto
and incorporated herein by reference, the undersigned property 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:
1) The following uses are prohibited:
a. Automated gas station
b. Gas station
c. Service station
d. Private club
e. Bar or tavern
B) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate
zoning reclassification proceedings to the OR District (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.
C) 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) Recording. 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 (10) days of the adoption of Ordinance No. -13.
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.
F) This Agreement shall be binding upon the undersigned and his /her heirs, successor
and assignees.
ACCEPTANCE OF ORDINANCE NO. -13
I, Harold Straub, property owner, having read the terms and conditions of the Ordinance
No. -13 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
State of Iowa
)ss
County of Dubuque )
On this day of
said state, personally appeared
named in and who executed the foregoing
executed the same as their voluntary act and
2013.
By
Harold Straub
2013 before me, a Notary Public in and for
to me known to be the person
instrument, and acknowledged that they
deed.
Notary Public in the State of Iowa
My Commission expires:
SUS 1 �l leT�� A T to t-
- 5
Commercial Creep
In
Downtown Dubuque
We, the undersigned, represent the majority (over 75 %) of the office
residential zoned space on the ten hundred block of Locust Street
downtown.
Almost twenty-eight years ago this day, a city truck pulled up in front of my
building and three city employees planted a sign outside of my office, which
proclaimed, "Now entering the Jackson Restoration District ". Bill Goetz
(who was well over age 70 at that time) and Gary Kluesner were working on
re- furbishing and re- tucking the row house to my north which they owned. I
was well into a Historically Certified Restoration of the interior of my
building on the corner of tenth and Locust Sts.
As they pulled up to plant this sign, I saw Harold Straub across the street
come to his window and watch. Sadly, Harold because of his health, is not
here this evening. He is not now able to voice his feelings concerning the
property which he tended to over the years since 1975 when the original OR
usage was allowed at 1072. Harold operated his business in a non-
conforming use, but. NEVER in a non - conforming manner. Virtually all of
his plumbing activity was conducted from the rear alley of the facility.
Seldom were there plumbing trucks seen on the Locust street side. Virtually
all of the Locust side traffic was potential customers for new jobs or service
on existing installations. Street parking usage during his tenure was
minimal.
Let's look at how this block thrived over the years. This block is the library,
the church, Harold, Gary Kluesner, and myself. In the eighties to the late
nineties it thrived under the umbrella of the OR designation. The early 80's
saw the church enhance the neighborhood ambiance by improving their
green space in the rear and installing reproduction lighting on which they
displayed seasonally colorful banners Toward the end of the nineties,
American Trust in the 900 block restructured their drive -up facility. Part of
that project involved the utilities being relocated between their property and
the old Christian Science Church. Contemporaneously, but not part of that
project according to the city, was the restructuring of the utility feeds into
the Historic District. Fiber optic cables were pushed underground to the rear
of the Library and the addition of an another utility pole on 10`h street with
corresponding support and gye wires was added. Harold's business was
slowing during this era as he had reached retirement age, but still, he was at
his shop every day to visit with anyone who came through the front door.
The church over these years had maintained space in Harold's place as a
youth center. We would enjoy seeing the activity during the week and on
Sunday mornings, with the parents entering church and the kids running
down to Harold's place, then later returning to church to meet their parents.
After church, they would hold social activities in the park space at the rear.
With the library, the church and our facilities, there was an aire of a small
community. John Gronen started refurbishing some of the buildings rearing
on Harold and the church, Walking street traffic increased to and from
downtown to the Library and residential points north on Locust and
increased again when IBM came to Dubuque. The last few years have been
more difficult for Mr. Straub as his health has declined. They church no
longer leases space from Harold, some tenants have not taken very good
care of the interior of the property and the outside stairway. And, Harold has
not been able to tend to the maintenance of the property to suit tenant
habitation.
That gives a brief picture of the activity history of the neighborhood in the
years of "75" through "97 ". The millennium brought some more, not very
cherished encroachments to the street e.g. as aluminum signage which
proclaims the essence of where things are in the area. These signs offer a
disturbing contrast to other historically postings. They are modern chrome,
or stainless steel pillars depicting the worst of what would be found in a
historic district. They clash miserably with the antique street lighting that
the church spent good money installing and they simply do not fit the
ambiance of the district. However, there they stand in immediate proximity
of these beautiful structures.
Now, why not C -4 for this block. C -4 brings with it by definition many more
people, and, more disturbing, no parking requirements. C -4 also has the
expectations that residential living be at the upper levels above the ground
floor. In addition, we now have a building that needs substantial
refurbishing. You must, by now, sense some of our fears for this
neighborhood. Keeping it zoned OR prudently, would require that parking
inside at the rear of the Straub structure be continued for the residents. By
the way, we would also fervently hope that when the "one way, two way"
routing of traffic occurs, the City redo the NACSAR curve where tenth
street meets Bluff. We would also suggest that the overhead expressway
style signage be relocated to the expressway. Parking that is still represented
by the city on tenth street could then again be usable and benefit the
shortage in this neighborhood.
Considering the condition of the facility: Aside from the falling plaster
crumbling, stairways, and destroyed mechanical apparatus, structural faults
have been occurring between the original structure and the attached
structure(s). In addition, the floor supporting mechanicals of the addition
has failures, which may indicate the possible disintegration of the in- ground
oil storage barrel, which formerly fed the heating plant of the building. We
know that there is one there, we do not know exactly where it is located, and
our properties and the church are all down grade from it's location under
that building.
To prioritize, our concerns they would align as such:
1. C -4 would bring a further denigration of the districts character.
2. Parking, if their garage were allowed to be razed, is a real problem.
p 6r-- $ Vic-; ✓L-i • i7-61aO Pi L i
�J O ■ L%
3. Parking, because C -4 has no restrictions would impair other
residential parking
4. Integrity of the structure because of its essence to maintaining the
character of the neighborhood, and, its potential for an oil
impregnation of the surrounding properties.
We humbly ask you to forgo the approval of a C -4 designation for this
neighborhood. Commercial creep would be a severe detriment to the
neighborhood's character, . and if it were imposed upon us and be successful,
our structures are so unique that competing with any beneficial aspects of
this zoning would be most difficult and destroy what certified restorations
have already been completed. We have worked and earned Historic
preservation accolades for our structures and are proud to have spent many
years and many thousands of dollars keeping our facilities up to a level
befitting the slogan "Historic Dubuque ".
We strongly urge that you not allow a C -4 designation to creep into this
unique city- space.
Kluesner a a.er
CITY OF DUBUQUE,
IOWA
OFFICIAL NOTICE
NOTICE IS HEREBY
GIVEN that the Dubu-
que City Council will
conduct a public hear -
ing nn t a meeting to
comece at 6 :30 p.m.
on September 16, 2013,
in the Historic Federal
Street, gon5the follow-
ing:
Rezoning
Request by Leslie
Muench to rezone
property located at
1072 Locust St. from
OR Office Residential
to C -4 Downtown Com-
mercial.
Ci of for the supporting
docuopmes ents pub-
lic hearings are on file
in the City Clerk's Of-
fice and may be
viewed during normal
working hours.
Written comments re-
garding the above pub-
lic hearings may be
submitted to the City
Clerk's Office on or be-
fore said time of public
hearing. At said time
and place of ! public
hearings all interested
citizens and parties
will be given an oppor-
tunity to heard for
or against be said actions.
Any visual or hearing
impaired persons
needing special assis-
tance or persons, with
cial accibility
special shouldessfcontact
the City Clerk's Office
at (563) 589 -4120 or
TTY (563) 690 -6678 at
least 48 hours pnor,to
the meeting. ' ,
Kevin S. Firnstahl,
Cl■AC, City Clerk
1t 9/6
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Kathy Hefel - Goetzinger, 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: September 6, 2013, and for which the charge is $16.30.
Subscribed to before me, a otary Public in and for Dubuque County, Iowa,
this 7te day o
Notary Public in and for Dubuque County, Iowa.
MARY K. WESTERME`r ER
Commission Number 15.685