Request to Rezone 2411_2403 CentralPlanning Services Department
City Hall
50 West 13~ Street
Dubuque, IA 52001-4864
(563) 589-4210 phone
(563) 589221 fax
(563) 690-6678 TDD
planning~~ cityofdubuque.org
THE CITY OF
DUB E
Masterpiece on the Mississippi
June 11, 2007
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13"' Street
Dubuque IA 52001
Applicant: Lynn Schmitz
Location: 2411/2403 Central Avenue
Description: To rezone property from R-2 Two-Family Residential District and C-2
Neighborhood Shopping Center District to C-4 Downtown Commercial 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 location of property, and that rezoning
is necessary to allow the expansion of a used car lot.
Staff reviewed surrounding zoning and land use, that the property is located in a Conservation
District and has received approval for a demolition permit from the Historic Preservation
Commission and the City Council. Staff noted that if the proposed rezoning is approved to C-4
Downtown Commercial District, a conditional use permit is still required from the Zoning Board
of Adjustment for a used car lot.
There were no public comments.
The Zoning Advisory Commission discussed the request, noting that much of the surrounding
property is developed for commercial uses.
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,
~~ ~~~~
Eugene ird~airperson ~ ~'
Zoning Advisory Commission
F:\USERSUCmunson\WP1City Couna~CC 06_18 07\2411 2403 Central Rezoning 06_18_07 cc Rr.frm.doc
Service People Integrity Responsibility Innovation
Ordinance No. 30-07
Prepared by: Laura Carstens. City Planner Address: City Hall. 50 W. 13th St Telephone: 589-4210
Retum to: Jeanne Schneider. Citv Clerk Address: Citv Hall- 50 W. 13 St Telephone: 589121
ORDINANCE NO. 30 - 07
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2411/2403 CENTRAL
AVENUE FROM R-2 TWO-FAMILY RESIDENTIAL DISTRICT AND C-2
NEIGHBORHOOD SHOPPING CENTER 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 R-2 Two-Family Residential District and C-2 Neighborhood Shopping
Center District to C-4 Downtown Commercial District, to wit:
Lot 1 of Lot 10 of Wullweber Subdivision, 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 1 s t h day of June 2007.
Attest:
U
Roy . B I, Mayor:
n ~-
eanne F. Schneider, City Clerk
F:IUSERSUCmunson\WP16oards-CommissionslZAClOrdinances_Resolutions\2411_2403 Central Avenue Rezoning Ord
06 06 07.doc
Gty of Dubuque
~ cry of Planning Services Department
DUB E Dubuque, IA 52001-4864
_ Phone:563-589-4210
~a~~ Fax: 563-589-4221
PLANNING APPLICATION FORM
^ Variance ezoning ^Simple Site Plan ^Annexation
^Conditional Use Permit 'LJPlanned District ^Minor Site Plan ^Temporary Use Permit
^Appeal ^Preliminary Plat ^ Major Site Plan ^Certificate of Economic Non-Viability
^Spec;ial Exception ^Minor Final Plat ^ Major Final Plat ^Certificate of Appropriateness
^Limited Setback Waiver ^Text Amendment ^Simple Subdivision ^Other:
Please #ype or prin# legibly in ink ,~/
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Property owner(s): ~
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Address: c3~S~ 1t -~Z" ~ ~ Gty: rff 7 <'J ~C C~ t 1~ State r Zp: -~
Fax Number: ~~~ Mobile/Cellular Number: ,~'~/9
Applicant/Agerit: ,~~~:~a( ~~-~ s2t i ~~ Phone:. S~Z _ ~ ~~f 0
Address: ~~C.S~ ~/U%G~/ Gty: c~ State. ~ _ Zip: ~~o " /
Fax Number: ~~~ Mpobile/Cellular Number:
Site location/address: ~ ~`~ s~o ~ ~ ~'~ --~`'
Existing zoning: /~' Z- Proposed zoning: C "- Y Historic District: rt? ~ Landmark: ~
Leg I Description (Bidwell pa I ID# o~lot num r/block number/subdivision): ~a~ ~ c~ ~ ~ ~~?
Total property (lot) area (square feet or acres): /
Describe proposal a reason necessary (attach a letter of explanation, if needed): ,T~ ~"~._-~c- r~a~~ ~'~-
(~ci~..e ~ ~au5~=" ~ ~~ ~-~ ~z.~ ,o.~Guyrc;' .~~~r ~~L' - foE ~~c ~,L _c~or~,
CERTIFICATION: I/we, the undersigned, do hereby certify that:
1. The information submitted herein is true and oon-ect 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 additional required written and g is materials are attacfied.
.=~'~`~ ~~ 1 ".~"'' Date: - Z3- ~ ~
Property Owner(s):
Appiicant/Agent: Date:
FOR OFFICE USE ONLY -APPLICATION SUBMITTAL CHECKLIST
Fee. ~pO• "~ Received by: ~~ Date' Z et:
^Site/sketch plan ^ Conceptual Development Plan ^Photo ^Plat
^Improvement plans ^Design review project description ^Floor plan ^Otimer:
THE CITY OF
DuB E
Masterpiece on the Mississippi
Vicinity Map
Applicant: Lynn Schmitz
Location: 2411/2403 Central Avenue
Description: To rezone property from R-2
Two-Family Residential District and C-2
Neighborhood Shopping Center District
to C-4 Downtown Commercial District.
Legend
0 Parcels
® 2403 Central Avenue
2411 Central Avenue
Q City Zoning Boundary
REZONING STAFF REPORT Zoning Agenda: June 6, 2007
Property Address: 2411/2403 Central Avenue
Property Owner: Lynn Schmitz
Applicant: Lynn Schmitz
Proposed Land Use: Commercial Proposed Zoning: C-4
Existing Land Use: Commercial/Residential Existing Zoning: R-2/C-2
Adjacent Land Use: North -Residential Adjacent Zoning: North - R-2
East -Commercial/Residential East - C-2
South -Commercial South - C-2
West -Residential West - R-2
Former Zoning: 1934 -Business/Multi-Family; 1975 - C-3/R-4; 1985 - C-2/R-2
Total Area: 9,300 square feet
Property History: The subject property consists of two parcels. The parcel to the north
at 2411 Central Avenue currently accommodates asingle-family home that was built in
1890. There was a fire at the house in 2005 and it was condemned by the City Building
Services Department. Subsequently, the owner has received permission from the
Historic Preservation Commission to demolish the house. The parcel to the south at
2403 Central Avenue was built as a auto service station in 1935. According to City
records, the property always has been zoned for a business and has been rezoned
several times throughout its history. Currently, the property accommodates a
garage/ofFce building for a small used car lot.
Physical Characteristics: The two parcels total approximately 11,000 square feet in
area, are level, have a total of 100 feet of frontage along Central Avenue. The southern
most parcel also has frontage along E. 24th Street.
Concurrence with Comprehensive Plan: The Comprehensive Plan reflects current
land use, with the southern parcel being commercial and the northern parcel being
residential. The Comprehensive Plan encourages expansion of small business,
however, recommends buffering incompatible uses from each other.
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 11,100 vehicle trips per day along Central Avenue just
Rezoning Staff Report - 2411/2403 Central Avenue
Page 2
north of the subject property and 13,600 vehicle trips per day along Central Avenue
just south of the subject property. The expansion of the existing car lot should
create very little additional traffic.
Public Services: Existing public services are adequate to serve the site.
Environment: Staff does not anticipate any adverse impact to the environment
provided a site plan for the parking lot expansion is reviewed and approved and
that adequate erosion control and storm water control is provided during all phases
of development.
Adjacent Properties: The expansion of the auto sales parking lot would serve to
remove an existing blighted structure from the location; however, it will expand
commercial activity to the north directly adjacent to the single-family residence at
2413 Central Avenue. This residence, in the past, has been buffered by the
presence of the single-family home.
CIP Investments: None proposed.
Staff Analysis: The applicant has proposed to rezone two parcels of property, the
southernmost from C-2 and the northernmost from R-2, both to C-4 Downtown
Commercial District. The intent is to demolish an existing, condemned house on the
northernmost lot and expand a legally non-conforming auto sales dealership. The
northernmost lot has a house on it that was built in 1890 and in 2005 experienced an
explosion and fire and that blew off the front portion of the house. The house is located
in a Conservation District and the applicant has received approval from the Historic
Preservation Commission to demolish the house.
Rezoning of the property will serve to remove an existing blighted structure; however, it
also will move the commercial activity associated with the used car lot closer to an
existing single-family house that is currently buffered from commercial activity.
If approved, the applicant will be required to apply to the Zoning Board of Adjustment
and request a conditional use permit to permit a used car lot in a C-4 district. Also, the
applicant will have to submit a site plan that indicates screening, access and lighting for
the property.
Staff recommends that the Zoning Advisory Commission review the criteria established
in Section 6-1.1 regarding rezoning.
Pre ared b Reviewed: /• Date: ~•~7
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