Loading...
Rezoning 427_429 Rhomberg AvenuePlanning 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 Dubuque DUB E '~II~' zoos Masterpiece on the Mississippi October 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: Reconsideration of a request 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 The applicants spoke in favor of the request reviewing the existing bar operation, proposed expansion, surrounding businesses and the former use of the property proposed for rezoning. Staff reviewed surrounding zoning and land use, allowed uses in the C-3 General Commercial District and previously denied request for rezoning submitted for this property. A petition in opposition was received and filed. There were several public comments regarding concerns that the proposed rezoning would increase noise and parking problems to a level not compatible with residential properties. Concerns with parking, behavior of bar patrons, and the range of uses allowed in C-3 zones were also raised. The Zoning Advisory Commission discussed the request, reviewing why bars/taverns were removed as a permitted use in the C-2 Districts, restrictions associated with a property being designated as legally non-conforming, surrounding zoning and land use and allowed uses in the C-3 General Commercial zoning district. Recommendation By a vote of 6 to 1, the Zoning Advisory Commission recommends that the City Council deny the request. Service People Integrity Responsibility Innovation The Honorable Mayor and City Council Members 427-429 Rhomberg Avenue Page 2 A simple majority vote is needed for the City Council concur in the recommendation to deny. A super majority vote is necessary to approve the request. Respectfully submitted, ,,~z'~ ~.. , ; Eugene Bird Jr., Chairperson Zoning Advisory Commission Attachments Service People Integrity Responsibility Innovation Teamwork 7IiE CTIY OF DuB E ~t~, ~ PLANNING APPLICATION FORM Gty of Dubuque Planning Services Department Dubuque, IA 52001-4864 Phone: 563-589-4210 Fax: 563-5891F221 ^ Variance oning ^Simple Site Plan ^Annexation ^Conditional Use Permit Planned District ^Minor Site Plan ^Temporary Use Permit ^Appeal ^Preliminary Plat ^ Major Site Plan ^Certificate of Economic Non-Viability ^Spedal Exception ^Minor Final Plat ^ Major Final Plat ^Certificate of Appropriateness ^Limited Setback Waiver ^Text Amendment ^Simple Subdivision ^Other: Please type or print legibly in ink Property owner(s)~ll~~ ~ °~/fig ~ ~• d~f1.r-r ~/,'.liG/~ /r: P,~lone: ~i~~ f~~~11~~~ Address: ~~ ~~ Jl.e ~ ~ ~f'` Gty: State:~~~~~Zip: , ~~ Fax Number: Mobile/Cellular Number: .5`~S'4 ,? ~~~C~~_ /n~ Applicant/Agent: r` ,' ~/iY1-e d .~ ~ ~ ~ F~one: c7 ~'~~ ~~"~/ ~/ ~~ Address: ;~~ SJ/`~, ~~ ~ ~ Cty: ^,~~ State:~Zip: Fax Number: Site location/address: Existing zoning: Legal Descn'ption (Sid r~.7 7 ~~. Mobile/Cellular Number: 3'~~ ~ ~~,.~ - -- ~~..~ ~{hDnr ~~-~ .~ Proposed zoning: ~~ Historic District: _ ~l ~ Landmark: ~b II parcel ID# or lot number/block number/subdivision): -a~o,bl~~c~IZ Total property (lot) area (square feet or acres): ~(~ D /C1 D' and yeaso_n~ecessary (attach a letter of explanation, if CERTIFICATION: I/we, the undersigned, 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 record; 2. Fees are not refundable and payment does not guarantee approval; and 3. All addtional required written and graphic materials are attached. Property Owner(s): ~~`!~ S~l~'~/dy.~s .e ~ dO~fr~~/ i ~ ~ / /jBi~: ~Gt h ~ ~~ ,~' ~- O Applicant/Agent: Date: FOR OFFICE USE,,/ONLY-APPLICATION SUBMITTAL CHECKLIST Fee: "'-' Received by: ~~'c`~ f Date: ~ -~ -~~ocket: ^Site/sketch plan ^ Conceptual Development Plan ^Photo ^Ptat ^Improvement plans ^Design review project description ^Fioor plan ^Other: _ THE CITY OF DUB 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. Base Map Provided by Dubuque County GIS LI MHI PC Planning Services\Vicinity Maps\427_429 Rhomberg Ave Rezoning 06-22-07 ~~~ Legend 427/429 Rhomberg Avenue Q City Zoning Boundary 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 6-1.1 regarding the criteria establishment for a rezoning. Prepared by: ~rc~-- Reviewed: `' Date: 7 • ZS~D 7 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 carefully placed 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. The C-2 District shall be located in neighborhoods where parking and traffic can be adequately handled, and the square 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-[47]. (2) Residential uses above the first floor only-[6]. (3) Schools of private instruction-[4]. (4) General offices-[14]. (5) Personal services-[14]. (6) Barber/beauty shops-[16]. (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-[23]. (17) Laundromat-[22]. (18) Furniture upholstery/repair-[18]. (19) Artist studio-[5]. (20) Photographic studio-[23]. (21) Neighborhood shopping center-[17]. (22) DentaUmedical 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 pemut: (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 teem; 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 hospitaUclinic, 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) square 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) square feet in area; and (f) No group day care 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. (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 necessary 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 yard 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. (Hj Signs: See section 4-3 of this ordinance. 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-[20J. (7) General offices-[14]. (8) Medical office/clinic-[36]. (9) DentaUmedical lab-[8]. (10) Personal services-[14]. (11) Barber/beauty shops-[16J. (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)-[19J. (18) Indoor restaurant-[20]. (19) Bar/tavern-[20]. (20) Automated gas station-[18]. (21) Service station-[21]. (22) Supermarket-[17J. (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-[23]. (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) square feet maximum-[17]. (38) Hotels-[30]. (39) Auditoriums/assembly halls-[20]. (40) Indoortheater-[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]. (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) Pazking structures-[n/a]. (64) Contractor shop/yard-[33]. (65) Wholesale sales/distributor-[29]. (66) Agricultural supply sales-[19]. [ ]Parking 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 customarily 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]. [ ] Pazking group -See section 4-2 of this ordinance. (2) Group daycare 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; (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 pcr 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; (f) No group daycare center maybe 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: Front yazd setback: 20 feet Side yard setback: 0 feet* Reaz yazd setback: 0 percent lot depth* Building height: 40 feet *Except where abutting a residential or office residential district, then six-foot side yazd and twenty (20) percent lot depth reaz yazd setbacks required. (G) Parking requirements. See Section 4-2 of this Ordinance. (H) Signs. See Section 4-3 of this Ordinance. .,.~ air U . __._ _. -. - - __ _._ ~_ _-- __ . _ _ ~._L' __. _ __ ... ........ ~ / G~`" r • ~ ~ f --._ `.. ~~ a.~~~ ,-4.~. .., __ ,__..__ ~._.. -.-t~l~-~.~., __ o. .~ ~~ ~ . ___ __ t L ~_ _ _._ _____. _ .___. )) ~ _ ._ ~'~~ ~ 02©1 ___ ___ __ __ /~~' ~(~F~,,f' ~~,~~~ ~~f .__ ., - - _ ~ - - ~~2 ~ - ~~~ E. ~ r ' _ L G Minutes --Zoning Advisory Commission August 1, 2007 Page 5 Staff Member Hemenway presented the staff report. He no#ed that fhe property was rezoned to G3 General Commercial district in 2001 and that the rezoning was conditioned by allowing temporary access, but no permanent access, onto Bies Drive. Staff Member Hemenway discussed the proposed realignment for Bies Drive provided by the Engineering :_ Department. He said that improvements to Bies, Sylvan and Century Drives were not indicated in the City's five-year capital improvement program. Commissionersdiscussed the street configuration at this location. They noted that Kebbie • - ' • Drive has been replotted and it terminates in an off-set cul-de-sac with no access onto the subject properties. Staff Member Hemenway noted that there is a requirement fora 20 foot green space buffer along the north boundary line of the subject property; therefore, any driveway access would be a minimum of 20 feet removed from the adjacent residential properties. He also noted that the Engineering Department woudc# have to approve access onto any of the adjacent streets through the site plan review process. Commissioners felt that the City Engineering Department would thoroughly study access to the adjacent streets through the site plan review process. ~. Motion by Christ, seconded by Smith, to approve the amendment to the conditions established in ~rrlinance 56-01 to allow permanent vehicle access onto Bies Drive. Motion carried by the following vote: Aye -Smith, Hardie, Christ, Stites and Bird; Nay - None. . PUBLIC HEARINGIREZONINGIBILLMEYER/MIHALAKIS• ~ Application of Rich BillmeyerlJohn Mihalakis to rezone property located at 4271429 Rhomberg Avenue & (Parcel #10-24-216-012) from R-2A Attemate Two-Family Residential District & C-2 Neighborhood Shopping Center District to C-3 General Gommercial District. Jennifer Schmit stated that she represents the owner of Easy Street, 431 Rhomberg Avenue. She asked that the Commission approve the rezoning of two additional parcels adjacent to the bar and the existing C-2 parcel that the bar sits on. She said that the busihess owners' intent is to expand the outdoor service for the bar. Mary Westemeyer, 2013 Kniest Street spoke in opposition to the request. She stated that currently the bar generates excessive noise, litter and unruly behavior. She said that rezoning the property to C-3 may allow a whole host of other intense commercial uses that are not appropriate next to her property. Linda Green, 421 Rhomberg Avenue, spoke in opposifion to the request. She expressed concerns with parking in the neighborhood. She also stated concerns regarding the amount of noise and late night activity that would be generated by the presence of bands, Minutes -Zoning Advisory Commission -- August 1, 2007 Page 6 volleyball and other bar-related activities if the bar were to be permitted to expand onto the two currently vacant adjacent lots. John Kretz, 2160 Jonathan Lane, stated that he is an adjacent property owner and that he feels that C-3 type uses are out of place in this neighborhood. Ms. Schmit stated that there would be no glass, speakers or spotlights allowed outside of the bar onto the vacant tats. . Staff Member Hemenway presented the staff report noting that the request is to rezone three parcels. He said that the frst parcel, the one that accommodates the bar, is zoned C-2 and that bars are not permitted in this district. He said that the bar is grandfathered. He said the other two parcels are zoned R-2A and used to accommodate houses that have subsequently been removed. He referenced a petition submitted by 19 adjacent property owners opposed to the request. He noted that all of the residences north of Kniest Street will be removed far the Bee Branch Sewer Project. He stated that the applicants were granted a parking variance to replace two paved parking spaces with outdoor seasonal service. He noted that there is direct access from the bar lot to the two vacant lots. He stated that C-3 uses at this location may generate additional noise, activity, traffic and demand on parking. Commissioner Stiles asked if there had been any enforcement action on the vacant properties. Staff Member Hemenway Hated that some illegal stored materials have been removed ftom the lot but that the bar had been expanded onto a property without proper rezoning. He stated that the property owners were sent written notification regarding unlawful expansion of the bar onto the residentially zoned properly. Commissioner Hardie expressed concerns with the spectrum of uses allowed in a C-3 District and their proximity to existing residential use. Commissioner Stiles stated that he felt C-3 zoning in this area is too intense because of the proximity to residential development. Commissioner Smith said he agreed and that it is not appropriate to expand the commercial use at this location. Commissioner Christ stated that C-3 commercial use is not appropriate next to the residential neighborhood. Chairperson Bird said he felt #his rezoning is not appropriate and that he would not support it. Motion by Christ, seconded by Smith, to approve the rezoning request as submitted. Motion failed by the following vote: Aye -None; Nay -Smith, Hardie, Ghrist, Stiles and Bird. PUBLIC HEARINGIREZONINGITOM KANE/STEVE BOLE: Application of Tom Kane/Steve Boge to rezone property located at the northwest corner of University Avenue Prepared by: Laura Carstens. City Planner Address: CifvHalle. 50 W. 13th St Telephone; 589-4210 Retum to: Jeanne Schneider: Cfir Clerk Address: Citv 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 T & NE %Z -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 taw. Passed, approved and adopted this day of 2007. Attest: Roy D. Buol, Mayor: Jeanne.F. Schneider, City Clerk