Rezoning 427_429 Rhomberg AveRug 20 07 03:08p Planning Services 5635894221 p.l
AUG-20-2007 15:44 FROtF-VOlT50URCE +5635996298 T-594 P.001/002 F-813
August 20, 200
Mr. Mayor and City CounCil-
I am writing to request that ow case [4271429 Rhomberg and Parcel ID: 10-242]6-0]2J
be removed from consideration in this evening's vote regarding zoning,
I apologize for the tardi~uss ofthe request and appreciate you considaing the request at
this late hour. We had a small miscommunit~tion on ow end and would Iike to withdraw
so we may re-present to the zoning board on Sept. 5.
If you have questions regarding this request, please call 563.589.5486 or Jason Winter at
563.542.3090.
Thank you!
cr': ~
.•--
t~-
Fleaa Winter
Representative of Easy Street [431 Rhomberg) and Rich Billmeyer/ John Nrhalakis
0~" 3
Planning Services Department
City Hall
50 West 13~ Street
Dubuque, IA 52001-4864
(563) 589-4210 phone
(563) 589-4221 fax
(563) 690-6678 TDD
planning@cityof dubuque.org
THE CITY OF
DUB E
Masterpiece on the Mississippi
August 9, 2007
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
Applicant: Rich Billmeyer/John Mihalakis
Location: 427/429 Rhomberg Avenue & Parcel #10-24-216-012
Description: To rezone property from R-2A Alternate Two-Family Residential District &
C-2 Neighborhood Shopping Center District to C-3 General 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
Jennifer Schmit, representing the owner of Easy Street, 431 Rhomberg Avenue, spoke
in favor of the request. She asked approval to enable the bar operation to expand onto
the two adjacent lots.
Staff reviewed the request noting the existing zoning, surrounding land use and the
nature and intensity of the uses permitted in the C-3 District. Staff referenced a petition
submitted by 19 adjacent property owners opposed to the request. Staff stated that C-3
uses at this location may generate additional noise, activity, traffic, and demand on
parking.
There were several public comments in opposition. Neighbors expressed concerns with
the negative effects of the expansion of the bar outdoors including noise, litter and
demand on parking.
The Zoning Advisory Commission discussed the request, noting that the C-3 District
permits uses that may not be compatible directly adjacent to residen#ial properties. The
Commission felt the C-3 zoning and its range of uses is too intense and inappropriate
next to this residential neighborhood.
Service People Integrity Responsibility Innovation
427/429 Rhomberg Avenue
Page 2
Recommendation
By a vote of 5 to 0 the Zoning Advisory Commission recommends that the City Council
deny the request.
A simple majority vote is needed to concur with the recommendation for denial. A super
majority vote is needed for the City Council to approve the request.
Respectfully submitted,
Eugene Bird Jr., Chairperson
Zoning Advisory Commission
Attachments
CC Rr 427 429 Rhomberg Ave (Billmeyer Mihalakis) 08_20_07
Service People Integrity Responsibility Innovation Teamwork
Prepared by: Laura Carstens. City Planner Address: Citv Hall. 50 W. 13th St Telephone: 589-4210
Retum to: Jeanne Schneider. Citv Clerk Address: City Hall- 50 W. 13 St Telephone: 589-4121
ORDINANCE NO. 07
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED IN THE 400 BLOCK OF RHOMBERG AVENUE
FROM R-2A ALTERNATE TWO-FAMILY RESIDENTIAL ZONING DISTRICT AND C-2
NEIGHBORHOOD SHOPPING CENTER DISTRICT TO C-3 GENERAL 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-2A Alternate Two-Family Residential and C-2 Neighborhood
Commercial Shopping Center to C-3 General Commercial District , to wit:
Lot 7' 8~ NE'/ -Lot 6 Smedley's Subdivision and NE 14'8" -Lot 2 of 1 of 5 of
9 Kniest's Subdivision, Lots 8, 9, and 19 of Smedley's 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 day of 2007.
Roy D. Buol, Mayor:
Attest:
Jeanne.F. Schneider, City Clerk
THE CITY OF ~~
DuB E
~~,~"
^ Variance
^Conditional Use Permit
^Appeal
^Special Exception
^Limited Setback Waiver
PLANNING APPLICATION FORM
Gty of Dubuque
Planning Services Department
Dubuque, IA 52001-4864
Phone: 563-589-4210
Fax: 563-58911221
oning
Planned District
^Preliminary Plat
^Minor Final Plat
^Text Amendment
Please tvfle or arint lec~ibl~
Property owner(s)~~',~
Address: ~ ~ .~
Fax Number: ~ ~
Appl icant/Agerit: I ~~!s~.1__~
Address: SJ ~'
^Simple Site Plan ^Annexaiion
^Minor Site Plan ^Temporary Use Permit
^ Major Site Plan ^Certificate of Economic Non-Viability
^ Major Final Plat ^Certificate of Appropriateness
^Simple Subdivision ^Other:
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Mobile/Cellular Number: .5'"10 7 ~l~(~~ ~~
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Fax Number: Mobile/Cellular Number: ~''r1~' ~ ~~~
Site location/address: ~ ~~~'" ~~
.Existing zoning: ~~~,.'_"'.t.-' ~p~~ zoning: ~~ Historic District: ~~ Landmark: ~b
Legal Descri 'on (Bidwell parcel ID# or lot number/block number/subdivision):
_ _ ~ _ ono I I ~tZ
Total property (lot) area (square feet or acres): ; ~l'~ d ~ /l /~
Describe roposal and anon ecessary (attach a letter of explanation, if needed):
CERTIFICATION: I/we, the under~`igned, do hereby certify that:
1. The information submitted herein is true and correct to the best of my/our knowledge and upon
submittal becomes public rewrd;
2. Fees are not refundable and payment does not guarantee approval; and
3. All additional required written and graphic materials are attached.
Property Owner(s): ~~' r' /A~•~ • •e N l~ // • ,D~: ~~~~ ~ ~ ~
Applicarrt/Agent:
Date:
FOR OFFICE USE ONLY -APPLICATION SUBMITTAL CHECKLIST
Fee: ""' Received by: ~ Date: ~ -~ -~~ocket:
^Site/sketch plan ^ Conceptual Development Plan ^Photo ^Pfat
^Improvement plans ^Design review project description ^Fioor plan ^Other:
2021
2020
2014
2017
Property to be Rezoned
2013
2011
2007
2010
2006 505
503
~ti7~~T
501
429 Rhomberg Ave
427 Rh
468
421
419
0 20 465 80 Feet
Vacant Lot
507
THE CITY OF
DLTBL E N
Masterpiece on the Mississippi
Vicinity Map
Applicant: Rich Billmeyer/John Mihalakis
Location: 427/429 Rhomberg Avenue &
Parcel #10-24-216-012
Description: To rezone property from R-2A
Alternate Two-Family Residential District & C-2
Neighborhood Shopping Center District to C-3
General Commercial District.
Legend
4271429 Rhomberg Avenue
Q City Zoning Boundary
Base Map Provided by Dubuque County GIS Planning Services\Viclnity Maps1427_429 Rhomberg Ave Rezoning 06-22-07
REZONING STAFF REPORT Zoning Agenda: August 1, 2007
Property Address: 427/429 Rhomberg and Parcel ID# 10-24-216-012
Property Owner: Rich Billmeyer/John Mihalakis
Applicant: Rich Billmeyer/John Mihalakis
Proposed Land Use: Commercial
Existing Land Use:
Adjacent Land Use
Former Zoning:
Commercial/Vacant
North -Residential
East -Commercial
South -Residential
West -Residential
1934 -Bus B
1975 - C-2
1985 - C-2/R-2A
Proposed Zoning: C-3
Existing Zoning: C-2/R-2A
Adjacent Zoning: North - C-2
East - C-2
South - R-2A
West - R-2A/CSc
Total Area: Approx. 10,000 sq.ft.
Property History: The subject property consists of three lots. The northernmost. lot
accommodates atwo-story commercial storefront built in 1890. The other two lots
accommodated single and two-family residences in the past. One residence was
removed several years ago and the second residence burned recently. Now the two
southernmost lots are vacant. Recently, a fence has been built around the two
southernmost lots. The property was granted a parking variance in 2006 to enable the
bar owner to place six tables outdoors behind the bar over an area that previously
accommodated two paved off-street parking spaces.
Physical Characteristics: The subject lots total approximately 10,000 square feet in
area, are level, and are located at the corner of Kniest Street and Rhomberg Avenue.
The properties have approximately 115 feet of frontage along Rhomberg Avenue and
100 feet of frontage along Kniest Street. There is a curb cut access on Kniest Street
behind the existing bar, and there is another curb cut access from Rhomberg Avenue at
the very south end of the property to the vacant lots. The footprint of the bar is
approximately 2,500 square feet.
Concurrence with Comprehensive Plan: The Comprehensive Plan calls for this area
to be zoned commercial and residential.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site.
Rezoning Staff Report - 427/429 Rhomberg
Page 2
Traffic Patterns/Counts: IDOT 2005 Annual Average Daily Traffic Counts indicate
8,400 vehicle trips per day approximately two blocks north of the subject property
along Rhomberg Avenue, and 9,400 vehicle trips per day along Rhomberg
Aenue/20th Street approximately one block south of the subject property. The
expansion of an existing business at this location on a lot this small are likely to
generate 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 adequate erosion control and storm water control is provided during all
phases of development.
Adjacent Properties: The subject property is directly adjacent to several residential
properties along both Rhomberg Avenue and Kniest Street. Expansion of
commercial activity at this location may increase the amount of noise, activity,
traffic and demand on parking in the residential portion of the neighborhood. Also,
site lighting could potentially be cast onto side and back windows of adjacent
residential properties.
CIP Investments: None proposed.
Staff Analysis: The applicant is proposing to rezone three parcels of property at the
corner of Rhomberg Avenue and Kniest Street in a mixed-use neighborhood from C-2
Neighborhood Commercial Shopping Center district and R-2A Alternate Two-Family
Residential district to C-3 General Commercial district. The subject property consists of
two parcels on the south side that used to accommodate single-family homes or
duplexes that have subsequently been removed, and the northernmost parcel that
accommodates an old legally-nonconforming commercial storefront that has been used
for years as a bar. The applicants intention is to rezone all three lots to C-3, which
would make the bar conforming and allow for expansion of commercial activity onto the
lots that are zoned R-2A.
The City intends to remove the residential structures on the north side of Kniest Street
across from the bar to accommodate the extension of the Bee Branch sewer.
Therefore, an increase in commercial activity should have very limited impact on this
area. However, there are still residences directly behind the bar that have frontage on
the south side of Kniest Street that will be directly adjacent to the subject property.
There are also two residences to the south of the subject property that will be directly
adjacent to the commercial expansion. These properties are currently sandwiched
between a contractor's shop to the west behind their rear yards, Hardee's restaurant
across Rhomberg Avenue to the east, and a convenience store/gas station to the
south.
Rezoning Staff Report - 427/429 Rhomberg
Page 3
All of the commercial properties in the neighborhood except one are currently zoned C-
2Neighborhood Commercial zoning district. There are twenty-three uses permitted in a
C-2 district and sixty-six uses permitted in a C-3 district. Some of the more intense
commercial uses such as auto repair and body shop, contractor's shop and bars are
permitted in a C-3 district but not in a C-2 district. Rezoning of this property to allow
expansion of the bar or development of any of the other permitted uses in the C-3
District could potentially generate a higher level of noise and activity than is already
prevalent in these neighborhoods. There would also be additional traffic on Kniest
Street in the neighborhood.
Staff recommends that the Commission review the criteria established in Section 6-1
regarding the criteria establishment for a rezoning.
Pre ared b ~~tr~-+ Reviewed: // `' Date: 7 • Z5'O 7
p Y ~~Z
SECTION 3. DISTRICT REGULATIONS
3-3. Commercial District.
3-3.2. C-2 Neighborhood Shopping Center District:
(A) General Purpose And Description: The C-2 District is intended to provide small commercial
centers serving small clusters of neighborhoods. The C-2 District will be cazefully placed to
ensure that the size of the commercial center, the nature of uses permitted and the locational
chazacteristics are such that the grouping of such uses will not adversely affect surrounding
residences and do not detract from the residential purpose and chazacter of the surrounding
neighborhoods. The C-2 District shall be located in neighborhoods where pazking and traffic
can be adequately handled, and the squaze footage, hours of operation and intensity of uses
are compatible with the neighborhoods.
(B) Principal Permitted Uses: The following uses shall be permitted in the C-2 District:
(1) Railroads and public or quasi-public utilities including substations-[47J.
(2) Residential uses above the first floor only-[6].
(3) Schools of private instruction-[4].
(4) General offices-[14].
(5) Personal services-[14].
(6) Bazber/beauty shops-[16J.
(7) Gas station-[18].
(8) Retail sales/service-[17].
(9) Laundry/dry cleaner-[ 19].
(10) Shoe repair-[18].
(11) Automated gas station-[18].
(12) Indoor restaurant-[20].
(13) Tailoring/alterations-[18].
(14) Furniture/home furnishings-[27].
(15) Appliance sales/service-[27].
(16) Catalog center-[23J.
(17) Laundromat-[22].
(18) Furniture upholstery/repair-[ 18].
(19) Artist studio-[5].
(20) Photographic studio-[23].
(21) Neighborhood shopping center-[17].
(22) Dental/medical lab-[8].
(23) Business services-[29]
(C) Accessory Uses: The following uses shall be permitted as accessory uses as provided in
Section 4 of this Ordinance:
(1) Any use customarily incidental and subordinate to the principal use it serves.
(D) Conditional Uses: The following conditional uses are permitted in the C-2 District, subject
to the provisions of Section 5 of this Ordinance and are the minimum requirements for
application to the Board of Adjustment for a conditional use permit:
(1) Medical offices, provided that:
(a) The parking group requirements can be met-[36].
(2} Drive-in/carry-out restaurant, provided that:
(a) Opaque screening shall be provided for adjacent residential uses as required under the
site plan review provisions of Section 4-4 of this Ordinance; and
(b) The parking group requirements can be met-[28].
(3) Drive-up automated teller, provided that:
(a) Ingress, egress and traffic flow shall be acceptable to the City site plan review team;
(b) Opaque screening shall be provided for adjacent residential uses in conformance with
the site plan review provisions of Section 4-4 of this Ordinance; and
(c) The parking group requirements can be met-[8].
(4) Self-service carwash, provided that:
(a) A minimum of three (3) stacking spaces per bay be provided; and
(b) Ingress, egress traffic flow shall be acceptable to the City site plan review team; and
(c) Opaque screening shall be provided for adjacent residential uses in conformance with
the site plan review provisions of Section 4-4 of this Ordinance; and
(d) The parking group requirements can be met-[8].
(5) Animal hospital/clinic, provided that:
(a) All operations and activities shall be conducted and maintained within a completely
enclosed building; and
(b) The parking group requirements can be met-[23].
(6) Banks, savings and loans, and credit unions, provided that:
(a) The parking group requirements can be met-[31].
(7) Group day care center provided that:
(a) Forty (40) square feet of indoor floor area (excluding halls and bathrooms) is provided
per child in areas occupied by cribs, thirty five (35) squaze feet of indoor area (excluding
halls and bathrooms) is provided per child in areas not occupied by cribs times the
licensed capacity; and seventy five (75) square feet of fenced outdoor recreation space is
provided per child using the space at a given time;
(b) The parking group requirements can be met [8];
(c) Such facility shall supply loading and unloading of children so as not to obstruct
public streets or create traffic or safety hazards;
(d) All licenses have been issued or have been applied for awaiting the outcome of the
Board's decision;
(e) Signage for asingle-family home shall be limited to one nonilluminated, wall-
mounted sign not to exceed four (4) squaze feet in area; and
(f) No group day caze center may be located within the same structure as any gas station,
baz/tavern, automated gas station or any facility selling, servicing, repairing or renting
vehicles.
(E) Temporary Uses: The following uses shall be permitted temporary uses in the C-2 district:
(1) Building or trailer for storage of materials and/or equipment necessazy for construction
authorized by a valid building permit, provided the location of the building or trailer has been
approved by the building official.
(2) Any use listed as a permitted use within the district of a limited duration as established in
section 2-5.3 of this ordinance and as defined in section 8 of this ordinance.
(F) Bulk Regulations:
Front yard setback: Ten feet (10') (20 feet for garages facing street).
Side yard setback: Zero feet (0')*.
Rear yazd setback: Zero percent (0%) lot depth*.
Building height: Forty feet (40').
*Except where abutting a residential or office residential district, then six foot (6') side yard
and twenty percent (20%) lot depth rear yard setbacks required.
(G) Parking Requirements: See section 4-2 of this ordinance.
(H) Signs: See section 4-3 of this ordinance.
(23) Tailoring/alterations-[18].
(24) Furniture/home furnishing-[27].
(25) Appliance sales/service-[27].
(26) Catalog center-[23].
(27) Drive in/carryout restaurant-[28].
(28) Drive up automated bank teller-[8].
(29) Self service car wash-[8].
(30) Animal hospitaUclinic-[23J.
(31) Laundromat-[22].
(32) Furniture upholstery/repair-[18].
(33) Artist studio-[5].
(34) Photographic studio-[23].
(35) Neighborhood shopping center-[17].
(36) Business services-[29].
(37) Department stores/sixty thousand (60,000) squaze feet maximum-[17].
(38) Hotels-[30].
(39) Auditoriums/assembly halls-[20].
(40) Indoor theater-[48].
(41) Banks/savings and loans, and credit unions-[31].
(42) Indoor amusement center-[23].
(43) Vending game machine sales and service-[19].
(44) Indoor recreation facilities-[37].
(45) Mail order houses-[23].
(46) Lumberyards/building materials sales-[19].
(47) Construction supply sales and service-[19].
(48) Printing/publishing-[32].
(49) Moving/storage facilities-[33].
(50) Full service car wash-[8].
SECTION 3. DISTRICT REGULATIONS
3-3. Commercial District.
3-3.3. C-3 General Commercial District:
(A) General Purpose And Description: The C-3 district is intended to provide commercial uses
which are designed to serve the motoring public or uses requiring highway or arterial
locations for their most beneficial operation and which cannot be more appropriately located
in other commercial districts.
(B) Principal Permitted Uses: The following uses shall be permitted in the C-3 district:
(1) Railroads and public or quasipublic utilities including substations-[47].
(2) Residential uses above the first floor only-[6].
(3) Mortuary/funeral home-[6].
(4} Museum library-[13].
(5) Schools of private instruction-[4].
(6) Private club-(20].
(7) General offices-[14].
(8) Medical office/clinic-[36].
(9) Dental/medical lab-[8J.
(10) Personal services-[14].
(11) Barber/beauty shops-[16].
(12) Motel-[24].
(13) Gas station-[18].
(14) Retail sales/service-[17].
(15) Laundry/dry cleaner-[19].
(16) Shoe repair-[18].
(17) Bakery (wholesale/commercial)-[19].
(18) Indoor restaurant-[20].
(19) Bar/tavern-[20].
(20) Automated gas station-[18].
(21) Service station-[21 ].
_ (22) Supermarket-[17].
(a) Forty (40) square feet of indoor floor area .(excluding halls and bathrooms) is provided
per child in areas occupied by cribs;
(b) Thirty five (35) square feet of indoor floor area (excluding halls and bathrooms) is
provided per child in areas not occupied by cribs times the licensed capacity;
(c) Seventy five (75) square feet of fenced outdoor recreation space is provided per child
using the space at a given time;
(d) Such facility shall provide for the loading and unloading of children so as not to
obstruct public streets or create traffic or safety hazards;
(e) All licenses have been issued or have been applied for awaiting the outcome of the
board's decision;
(fj No group daycare center may be located within the same structure as any gas station,
bar/tavern, automated gas station or any facility selling, servicing, repairing or renting
vehicles;
(g) The parking group requirements can be met-[8]; and
(h) Signage for asingle-family home location shall be limited to one nonilluminated wall
mounted sign not to exceed four (4) square feet in area.
(3) Miniwarehouse facilities provided that:
(a) The entire perimeter be enclosed by a security fence.
(b) All outdoor lighting for the facility utilize cut off luminaries.
(c) All vehicle access and staging areas be paved.
(d) Screening of at least six foot (6') in height shall be placed along the property line
between the miniwarehouse facility and all adjacent residential property.
(e) The parking group requirements can be met [47].
(E) Temporary Uses: The following uses shall be permitted as temporary uses in the C-3 district:
(1) Any use listed as a permitted use within the district of a limited duration as established in
section 2-5.3 and as defined in section 8 of this ordinance.
(F) Bulk Regulations:
Group daycare centers:
Lot area: Five thousand (5,000) square feet.
Lot frontage: Fifty feet (50').
Lot coverage: Fifty percent (50%) of lot area.
All other permitted and conditional uses:•
(51) Auto service centers (TBA)-[34].
(52) Auto sales/service-[38].
(53) Auto repair/body shop-[35].
(54) Truck sales/service and repair-[39].
(55) Farm implement sales and service-[39].
(56) Mobile home sales-(40].
(57) Motorcycle sales and service-[41].
(58) Boat sales and service-[40].
(59) Recreational vehicles sales and service-[39].
(60) Vehicle rental-[47].
(61) Upholstery shop-[42].
(62) Local shopping center-[17].
(63) Parking structures-[n/a].
(64) Contractor shop/yard-[33].
(65) Wholesale sales/distributor-[29].
(66) Agricultural supply sales-[19].
[ ] Pazking group -see section 4-2 of this ordinance.
(C) Accessory Uses: The following uses shall be permitted as accessory uses as provided in
section 4 of this ordinance:
(1) Any use customazily incidental and subordinate to the principal use it serves.
(D) Conditional Uses: The following conditional uses aze permitted in the C-3 district, subject to
the provisions of section 5 of this ordinance and aze the minimum requirements for
application to the boazd of adjustment for a conditional use permit:
(1) Outdoor recreation outdoor amusement center provided that:
(a) Hours of operation shall be limited, 8:00 a.m. to 12:00 midnight, unless further
limited by the board of zoning adjustment.
(b) The parking group requirements can be met-[37].
[ ]Parking group -See section 4-2 of this ordinance.
(2) Group daycare center provided that:
Front yard setback: 20 feet
Side yard setback: 0 feet*
Rear yard setback: 0 percent lot depth*
Building height: 40 feet
*Except where abutting a residential or office residential district, then six-foot side yard and
twenty (20) percent lot depth rear yard setbacks required.
(G) Parking requirements. See Section 4-2 of this Ordinance.
(H) Signs. See Section 4-3 of this Ordinance.
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