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Request to Rezone 900 Alta Vista Street_Hearing
Copyrighted April 17, 2023 City of Dubuque Public Hearings # 04. City Council Meeting ITEM TITLE: Request to Rezone 900 Alta Vista Street SUMMARY: Proof of publication on notice of public hearing to consider City Council approval of a request from Affordable Housing Network Inc. to rezone property located at 900 Alta Vista Street from I D Institutional District to OR Office Residential District, and Zoning Advisory Commission recommending approval. SUGGESTED DISPOSITION: ATTACHMENTS: Description ZAC Letter to Council Application ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 900 Alta Vista Street from I D Institutional District to OR Office Residential District Suggested Disposition: Receive and File; Motion B; Motion A Applicant Email Correspondence Vicinity Map Letter of Support Staff Report OR Office Residential Zoning Regulations I D Institutional Zoning Regulations Ordinance Type Staff Memo Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Ordinance Planning Services Department Dubuque City Hall THE CF 50 West 13th Street Dubuque, IA 52001-4864 DUjB� �I�AN01gf®d 1(563) I1 I 589-4210 phone I 1 (563) 589-4221 fax 563 690-6678 TDD ( > Masterpiece on the Mississippi zoo7�zoiz•zo13 2017*2019 planning@cityofdubuque.org April 6, 2023 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 Applicant: Affordable Housing Network Inc. Location: 900 Alta Vista Street Description: To rezone property from ID Institutional to OR Office Residential. 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, stating the Affordable Housing Network is in the process of purchasing the property from Loras College and the property purchase was contingent on the outcome of the rezoning. The applicant said Loras previously used the property for classrooms and housing, and that if the acquisition occurs the intent is for the Four Oaks Programing to move into the first floor quickly and then to convert the upper floors to affordable housing over time. The applicant said they are interested in the property because of its proximity to the Alternative Learning Center, which some of their students and clients attend. The applicant noted they have ten or fewer employees with low traffic demands and would combine multiple former dorm rooms into apartments, concluding that that parking is adequate but said the church indicated they could lease parking or even add parking on the subject site. Staff reviewed the staff report, discussing the history of the property and stated the request would allow offices and residential uses. Staff said the proposed use is not expected to increase traffic beyond the previous uses and that any building or site plans would be reviewed and approved before any work takes place. Staff noted that the site, zoned as office residential, would continue to act as a buffer from the commercial corridor to the west for the residential uses to the east. Staff concluded by noting that an inquiry call was received that mentioned current safety concerns at the University and Alta Vista intersection. There was one public comment. Jim Gonyier, 1935 Oxford St, stated that he was not in opposition to the project but had two questions and one recommendation. He asked if the old pine trees were going to come down; he asked if the retaining wall would be tuckpointed and maintained, identifying that it is a unique wall; and he stated that the Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 intersection of Alta Vista and University is dangerous and would be a great place for speed cameras and a pedestrian friendly intersection. The Zoning Advisory Commission discussed the request finding it appropriate. Recommendation By a vote of 7 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, Matt Mulligan, Chairperson Zoning Advisory Commission Attachments cc: John McDermott, Loras College, 1450 Alta Vista St, Dubuque, IA 52001 David Frommelt, American Realty, 2115 JFK Rd, Dubuque, IA 52002 Service People Integrity Responsibility Innovation Teamwork American REALTY Yi!;U (,AN ?'01jj' ON 01.- = AMERICAN �"'�. REALTY 2115 JFK Rd, • ❑ubuque, IA 52002 wwW americanofdu 6uque,com 563-536-4577 David Frommelt Broker Associate - Mss 563-5904411 cell dkfrommelt@gmaii.com FAX COVER SHEET NUM13ER OF PAGES: DATE: TO: r j� FAX NUMBER: PHONE NUMBER: MESSAGE: COVER American Realty Inc. of Dubuque 2115 John F. Kennedy Road Dubuque, Iowa 52002 Office: 563-556-45771800-322-8397 Fax: 563-5564767 THE CITY OF DUB E Masterpiece on the Mississippi City of Dubuque Planning Services Department Dubuque, IA 52001.4845 Phone: 563-589-4210 Fax: 563-589-4221 p1dun1na0c1tyofdub1jo +ue.org APPLICATION FORM Zoning Advisory Zoning Board of Develogment Services Historic Presenotion Commis2LOn Commission Adiustment ❑ Annexation ❑ Demolition Review ❑ Amended PUD ❑ Conditional Use Permit ❑ Limited Setback Waiver ❑ Historic Revolving Loan �] Rezoning/PUD/ID ❑ Special Exception ❑ Site Plan Simple ❑ Certificate of Economic Non -Viability ❑ Text Amendment ❑ Variance ❑ Site Plan Minor ❑ Design Review Certificate of ❑ Simple Subdivision ❑ Appeal ❑ Site Plan Major Appropriateness ❑ Preliminary Plat ❑ Simple Subdivision ❑ Advisory Design Review (Public ❑ Major Final Plat ❑ Temporary use Permit Projects) ❑ Minor Final Plat ❑ Port of Dubuque/ ❑ Historic Designation ❑ Waiver from Site Chaplain Schmitt Island Design Standards Please coniplete tbe applicable sections Design Review below. Please type or print legibly. A. Property Information Site Location/Address: 900 Alta Vista Legal Description/Parcel ID#/Subdivision: SISTERS OF THE VISITATION PLACE Existing Zoning: ID Proposed Zoning: OR Site Area (square feet/acres): 53,000 sq. ft. Historic District: andmark: ❑ Yes ❑ No B. Describe proposal and reason for application (attach a letter of explanation, if necessary): To rezone from 1D Institutional to OR Office Residential C. Applicant/Agent Information Name: Affordable Housing Network Inc. Phone: 319-784-2066 Address: 5400 Kirkwood Blvd SW State: IA Zip; 52404 City: Cedar Rapids Email: sschuring@fouroaks.org D. Property Owner(s) Information Lora,,- College John McDermott Name(s): Phone; 563-58R-7n i l Address: 1450 Alta Vista St. State: IA Zip; 52001 Email: City: Dubuque john.mcdermott@loras.edu E. Certification: I/we, the undersigned, do hereby certify/acknowledge that: 1. Payment does not guarantee approval and fees are nonrefundable; 2. All additional required written and graphic materials are attached; 3. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants; and 4. The information submitted herein Is true: and correct to the best of my/our knowledge and upon submittal becomes public record. Applicant/Agent: Date: 2 Z3 Property Owner(s): - — - - --- -�-- -� Date: -- 3/01 /2023 FOR OFFICE USE ONLY 77 Fee $ 514 Ck# _ - _ ❑CC ❑Cash Received by Date Matt O'Brien From: Steve Schuring <sschuring @fouroaks.org> Sent: Wednesday, March 1, 2023 1:46 PM To: Matt O'Brien Cc: Travis Schrobilgen Subject: RE: 900 Alta Vista Rezoning Application Attachments: 900 Alta Vista Rezoning App.pdf Caution! This message was sent from outside your organization. Travis & Matt, Allow sender I Block sender The rezoning application is attached. Margaret Tungseth, VP and COO of Loras signed on behalf of the property owner. The rezoning does not have to be contingent on the sale of the property as Loras no longer has an institutional use for the building. If Affordable Housing Network Inc. ("AHNI") is successful in acquiring the property, the first floor of the building (previously classrooms and offices) will be leased to Four Oaks Family and Children's Services ("Four Oaks") an affiliate of AHNI. Four Oaks Dubuque is committed to assuring the success of children and families. The 1st floor will be home to the following 9 programs offered at the Four Oaks Dubuque location: Behavioral Health Intervention Services (BHIS); Cornerstone — Family Development and Self -Sufficiency (FaDSS); Foster and Adoption Services; Functional Family Therapy (FFT); Integrated Health Homes (IHH); Iowa Aftercare; Outpatient Therapy Services; Parents as Teachers (PAT); and Supervised Community Treatment (SCT). Each program will have an office space on 1st floor. All programs, other than Supervised Community Treatment (SCT) and Outpatient Therapy Services are community -based services which provide the majority of their work in families' homes, community and/or telehealth. There are 24 Four Oaks staff who work out of the Dubuque office. There are around 9 staff in the office on a regular basis, the other staff come and go as they are out doing the majority of their work in homes. Outpatient therapy does a mixture of in office sessions and telehealth sessions — bringing approximately 15 individuals to the office on a weekly basis. Supervised Community Treatment is run out of the office 5 days a week after school with a max of 10 youth. The site occasionally holds foster parents and staff trainings on site with approximately 20 individuals attending. The upper floors of the building (previously dorm rooms) will ultimately be converted to low income housing. The timing and design of these floors will be dependent on funding. The City of Dubuque Housing Department will be consulted as to what types of units (efficiency, 1 bedroom, 2 bedroom, etc.) are in the highest demand. It is estimated that when complete, the building will contain approximately 20 to 25 apartments — again depending on the size of the apartments. We believe that having Four Oaks staff in the same building as low income apartments will make it convenient for tenants to receive Supportive Housing Services from Four Oaks. For Oaks works closely with The Iowa Department of Health and Human Services ("HHS"). HHS sometimes reaches out to Four Oaks to satisfy HHS needs for youth residential services such as Supervised Apartment living for youth in their late teens. While there are no plans in place to lease space on the upper floors to Four Oaks for youth residential services, the design of those floors would work well for youth residential services so — if possible — we'd like assurance that that would be allowed with the new zoning. Thanks for all your help on this. Please let me know if I need to provide additional information. THE CrrrYTOF DL.�J TE Steve Masterpiece on the Mississippi Steve Schuring I Chief Financial Officer Four Oaks Family and Children's Services 5400 Kirkwood Blvd SW I Cedar Rapids, IA 52404 319.784.2066 affordable Fot# O,vS Housing Network, Inc. From: Matt O'Brien <Maobrien@cityofdubuque.org> Sent: Tuesday, February 28, 2023 3:11 PM To: Steve Schuring <sschuring@fouroaks.org> Cc: Travis Schrobilgen <Tschrobi@cityofdubuque.org> Subject: RE: 900 Alta Vista Rezoning Application WARNING - [EXTERNAL E-MAIL] - DO NOT click any links or open any attachments unless you recognize the sender and know the content is safe. Steve — Attached is the receipt for the rezoning application fee. Matt O'Brien Planning Tech. I Planning Services City Hall 150 W. 13th Street Dubuque, Iowa 52001 O: 563-589-4222 Lf » OnZoIY1� From: Travis Schrobilgen <Tschrobi@citvofdubuque.org> Sent: Monday, February 27, 2023 8:51 AM To: sschuling@fouroaks.org Cc: Shena Moon <Smoon@cityofdubugue.org>; Jane Glennon <Jglennon@cityofdubugue.org>; Matt O'Brien <Maobrien@cityofdubugue.org> Subject: 900 Alta Vista Rezoning Application Hi Steve, Please fill out the application then sign and date. Please have the applicant — that can be you on behalf of Four Oaks - and the current owner sign and date. The fee with the notices is $514. That can be paid by check made payable to the City of Dubuque or by card by calling 563-589-4210 and speaking with Matt. Please also provide a brief narrative on how the building will be used and how many units/how much office space and the number of employees will be present. (Basic floor plan if you have it.) Let me know if you have any questions. Thank you, TRAVIS SCHROBILGEN Assistant Planner City of Dubuque 50 W. 131h Street Dubuque, IA 52001 563-589-4210 tschrobi@cityofdubugue.org Dubuque THE CrrY OF DUB E IHrp;a otr ' 1111' ,. 52.,� Masterpiece the Mississippi 20*17f2019 Links contained in this email have been replaced. If you click on a link in the email above, the link will be analyzed for known threats. If a known threat is found, you will not be able to proceed to the destination. If suspicious content is detected, you will see a warning. CONFIDENTIALITY NOTICE: This message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. The views expressed in this communication are that of the individual and shall not be construed as those of Four Oaks Family and Children's Services or any of its entities. This message was secured by Zix®. � 1295 1260 921 9� 1240 1200 ROg S OR 1 iW 1075 • 1076 1070 1 990 OR 1118 ��-_ S� �1�N 7.22 726 11' 746 1091 1080 1 1087 _ 10038 I012� 960 Sao 1 920 812 46� -- 1020 1034 1028 1010 D � 883 875 877 ■ � � 935 969 951 895 855 850 983 997 876 861 820 853 OXFORD ST 888 845 � 786 831 m 796 © 794 789 © © 809 N -a 780 © 797 © . 769 770 807 785 v 787 © 774 ` 821 764 © 745 © 829 765 © 773 762 v © z 730 799 ©750 © 763 7.28 0 690 �m 1 © 751 689 . r . . N 670 N 687 655 660 656 640 661 767 5S Vicinity Map 0\�l Applicant: Affordable Housing Network Inc. Location: 900 Alta Vista Street Description: To rezone the property from ID Institutional to OR Office Residential. .� Subject Property 0 75 150 Feet 1:2,000 300 N 0 A Jane Glennon From: Sent: To: Subject: Janet Neumeister <4nanajan@gmail.com> Tuesday, March 28, 2023 1:33 PM Planning Rezoning of 900 Alta Vista Street Caution! This message was sent from outside your organization. Allow sender I Block sender I have no objection to the rezoning. I believe affordable housing is a good use of the building, and it has an existing parking lot. REZONING STAFF REPORT Property Address: 900 Alta Vista Street Property Owner: Loras College Applicant: Affordable Housing Network Inc. Zoning Agenda: April 5, 2023 Description: To rezone from ID Institutional to OR Office Residential. Proposed Land Use: Office Residential Existing Land Use: Vacant College Dormitory Adjacent Land Use: North — Public/Private School East — Single -Family Residential South — Mixed Residential West — Vacant/Mixed Uses Proposed Zoning: OR Existing Zoning: ID Adjacent Zoning: North — R-2 East — R-2 South — R-2 West — OR Former Zoning: Property was annexed prior to 1932. R-3 in the 1975 Zoning Map R-2 in the 1985 Zoning Map ID in 1994 Total Area: Approximately 1.2 acres Property History: The subject property is a single parcel which has been used historically as a Sisters of the Visitation housing complex and later as part of the Loras College campus as dorms and a parking lot. The property is generally bordered by mixed residential uses to the north, east, and south, and a mixed -use commercial corridor along University Avenue to the west. The property was annexed into the city limits prior to 1932 and was zoned R-3 in the 1975 zoning map, then rezoned to R-2 by 1985, and was eventually zoned as ID when Loras purchased the property in 1994. Physical Characteristics: The subject property is approximately 1.2 acres in area and is generally flat with a steep drop-off to the east and southeast where the property sits on top of a 6' retaining wall. The subject parcel has historically taken access from Alta Vista Street. Concurrence with Comprehensive Plan: The Comprehensive Plan goals promote a mix of housing and mixed -use development. The goals also recommend multi -family development in proximity to jobs to minimize transportation costs. The proposed rezoning would create the opportunity for a mix of office and residential units within proximity to a college, an elementary school, and jobs throughout the area. Future Land Use Map — Institutional Rezoning Staff Report — 900 Alta Vista Street Page 2 Impact of Request on: Utilities: City utilities can accommodate an adaptive reuse of the property. Traffic Patterns/Counts: The most recent Iowa Department of Transportation traffic counts indicate an average daily traffic count of 2,600 vehicle trips along Alta Vista and a count of 6,600 along University Avenue. University Avenue is classified as `minor arterial' while Alta Vista is classified as `local' on the Iowa DOT's Iowa Traffic Data map. In 2016, a large dormitory structure on the site was struck by lightning, that structure was eventually demolished, leaving behind the structure in question. Given the historic level of activity from two buildings on the site, the shift from an institutional dorm use in the remaining structure to offices and 20-25 multifamily residential units should not increase the number of traffic trips to the property or to the surrounding neighborhood. Public Services: Public services such as emergency services and trash collection are adequate to serve the site regardless of the use. Environment: The site is developed. Any changes to the site must be reviewed through the development review process known as Development Review Team (DRT). The DRT is comprised of multiple City Departments including Engineering, Planning, Water Distribution, Fire, Police, Housing & Community Development, and Leisure Services. Development plans are reviewed by all relevant departments regarding access, parking, grading, screening, paving, park land, stormwater management, water connection, sanitary sewer connection, fire safety, and more. Staff does not anticipate any adverse effects on the environment as any impact would be mitigated through the review processes above. Adjacent Properties: The subject parcels are bordered by residential uses to the north, east, and south, with a mixed -use commercial corridor to the west. Establishment of the OR Office Residential zoning district would help to promote a mix of housing and allow for additional mixed -uses in the area while ensuring a degree of buffer development between the commercial properties to the west and the residential properties to the east. CIP Investments: None. Staff Analysis: The applicant proposes to rezone the subject property from ID Institutional to OR Office Residential to accommodate an adaptive reuse that will include multi -family housing office uses. The property was annexed into the city limits prior to 1932 and was zoned as R-3 in the 1975 zoning map and then rezoned to R-2 by 1985 and was eventually zoned as ID when Loras purchased the property in 1994. The subject property is a single parcel which has been used historically as part of the Loras College campus as dorms, classrooms, and parking lot. In 2016, a large dormitory structure on the site was struck by lightning, that structure was eventually demolished, leaving behind the structure in question. The subject Rezoning Staff Report — 900 Alta Vista Street Page 3 property is approximately 1.2 acres in area and is generally flat with a steep drop-off to the east and southeast where the property sits on top of a 6' retaining wall. The subject parcel has historically taken access from Alta Vista Street. The property is generally bordered by mixed residential to the north, east and south, and a mixed -use commercial corridor along University Avenue to the west. The Comprehensive Plan goals promote a mix of housing and mixed -use development. The goals also recommend multi -family development in proximity to jobs to minimize transportation costs. Finally, the Comprehensive Plan recommends buffering incompatible uses from one another. Given the permitted uses in the OR district are generally low - intensity office uses or residential in nature, establishment of the OR Office Residential zoning district would help to promote a mix of housing and allow for additional mixed -uses in the area while ensuring a continued buffer development between the commercial properties to the west and the residential properties to the east. Staff has attached section 16-5-22 and 16-5-7 of the Unified Development Code which includes information and a list of permitted uses for the ID and OR zoning districts. The proposed uses include a mix of educational offices, general offices and multi -family residences. Over time, the applicant expects the office uses to fade out and the structure to shift entirely to multi -family residential with 20 to 25 units proposed. Given the historic level of activity from two buildings on the site, the shift from an institutional dorm use in the remaining structure to offices and 20-25 multifamily residential units should not increase the number of traffic trips to the property or to the surrounding neighborhood. Any proposed alteration to the use of the property and to the site would require review. Additionally, substantial site changes would be required to acquire an approved site plan which is reviewed through the development review process known as Development Review Team (DIRT). The DIRT is comprised of multiple City Departments including Engineering, Planning, Water Distribution, Fire, Police, Housing & Community Development, and Leisure Services. Development plans are reviewed by all relevant departments regarding access, parking, grading, screening, paving, park land, stormwater management, water connection, sanitary sewer connection, fire safety, and more. Staff does not anticipate any adverse effects on the environment as any potential impacts should be mitigated through the review processes above. Planning staff recommends that the Zoning Advisory Commission review the information provided and make a recommendation on the proposed rezoning to the City Council in accordance with Chapter 16-9-5 of the Unified Development Code and the criteria established for granting a zoning reclassification. Prepared b,�� eviewed: Date: 03/29/2023 Section 2-Land Use Regulations Chapter 5: Zoning Districts Townhouse General office Group home Wind energy conversion system TH8 CRY OF 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, suita- ble 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. Multiple -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 the 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) 17. Licensed child care center 18. Community Gardens 19. Registered Child Development Home 5-7.2 Conditional Uses The following conditional uses are permitted in the OR district, subject to the provisions of Section 8-5: 1. Bed and breakfast home 2. Bed and breakfast inn 3. Group home 4. Licensed adult day services 5. Off -premises residential garage 6. Off-street parking 7. Photographic studio 8. Private club 9. Rooming or boarding house 10. Tour home 11. Tourist home 12. Wind energy conversion system 13. Accessory dwelling unit 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; no more than three per calendar year or three consecutive days per sale Section 2—Land Use Regulations Chapter 5: Zoning Districts 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. Sport, recreation, or outdoor cooking equipment 11. Storage building 12. Tennis court, swimming pool or similar permanent facility 13. Wind turbine (building -mounted) 14. Solar Collector (freestanding array[s] are limited to not more than 100 aggregate square feet and 10 feet in height). 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 Chapter 14. 5-7.6 Signs Signs shall be regulated in conformance with the provisions of Chapter 15. 5-7.7 Bulk Regulations rna crrr of DL1B E THPCM IX Section 2—Land Use Regulations Chapter 5: Zoning Districts Setbacks OR OfficelResidential Min Lot Min Lot Max Lot Area Frontage Coverage Front (feet) Min Side Min Rear Height Max .. Permitted Uses General office --- --- 50 20 --- 3 10 40 Hospice 5,000 50 50 20 --- 3 10 40 Housing for the elderly or disabled 10,000 --- --- --- --- 31 10 40 Medical office --- --- 50 20 --- 3 10 40 Mortuary, Funeral home --- --- 50 20 --- 31 10 40 Multi -family 1,200/du 50 50 20 --- 3 10 40 Nursing or convalescent home 10,000 100 50 20 --- 31 10 40 Place of religious exercise or assembly, School 20,000 100 50 20 --- 3 10 75 2 Single-family detached dwelling 5,000 50 50 20 50 3 10 40 Townhouse 1,200/du 16/du 50 20 --- 3/0 10/0 40 Two-family dwelling 5,000 50 50 20 50 3 10 40 Al other permitted uses --- --- 50 20 --- 3 10 40 Conditional Uses Bed and breakfast home 5,000 50 50 20 50 3 10 40 Bed and breakfast inn --- --- 50 20 50 3 10 40 Group home 5,000 50 50 --- --- 3 10 40 Licensed adult day services, Licensed child care center 5,000 50 50 20 --- 3 10 40 Off -premise residential garage --- --- 50 20 --- 3 10 15 Photographic studio --- --- 50 20 --- 3 10 40 Private club --- --- 50 20 --- 3 10 40 Rooming or boarding house 1 5,000 1 50 1 50 1 20 1--- 3 10 40 When abutting a residential district, a sixfoot side setback is required. Maybe 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 bywhich such building exceeds the maximum height limit of the district in which it is located. --- - -----� jz Required Rear k .- - --------------- --� P Lot Area Midpoint Hei ht Setback ; r F I'��_d�1� ; L9 ?�; ; Shed Roof �; c ; Midpoint k. �' av 114- k Gable or Hip Roof ILA I f —P Deckline rE P ; Height � Kequired F ont ; Mansard or Gambrel Roof Setbak c Lot Width r —THighest __-- -_ _ -- — Level Lot Frontage Heicjht Street Street Nat Roof 1 OF TB E Section 2—Land Use Regulations Chapter 5: Zoning Districts M1 5-22 ID Institutional The City Council finds that several factors distinguish institutions from other land use activities. The most significant feature of institutions is their tendency to function as sub- stantially separate communities within the City. They maintain a large and definable resi- dent population within a more or less discrete geographical area. Typically, a broad range of essential living services and facilities are provided by the institutions internally for both its resident and transitory populations. A second common feature of institutions is a primary educational, medical, religious, or charitable purpose. This distinguishes them from commercial nursing homes, hotels, boarding houses, and similar uses. Hospital The ID Institutional District is intended to address the particular problems and character- istics of Dubuque's many institutional facilities. It is the intent of this Code that this dis- trict shall only be applied to facilities possessing the characteristics of an institutional use set forth in this section. It is further the intent of this Code that, because of the very substantial impact institution- al uses may have upon the surrounding community, no expansion of an existing ID Dis- trict will be permitted except in accordance with the provisions of this section, which requires a conceptual development plan to be filed and approved prior to institutional reclassification or substantial on -premises expansions. i� 5-22.1 Principal Permitted Uses The following uses are permitted in the ID District, subject to the limitations found in this Section: Library 1. Business and secretarial school 2. Classroom, laboratory, lecture hall, auditorium or similar place of institutional as- sembly 3. College or university 4. Existing private use or structure for which the R-3 district standards shall apply 5. Farm, garden, nursery or greenhouse 6. Hospital 7. Library or museum 8. Medical facility and operation for the diagnosis, care, and treatment of human health disorders, including examination or operating rooms, physical therapy or X-ray facil- ities, psychiatric treatment, convalescent care, and similar hospital related uses. This provision shall include separate doctors' clinic, drugstore, or other medical facility not owned or operated by the principal institution, but only where such facility is functionally related to the institution and is included within the original institutional district boundary or the approved preliminary development plan. Multiple -family 9. Nursing or convalescent home for institutional residents or affiliates dwelling for 10. Office for administrative personnel or other institutional employees or affiliates �tional residents 11. Outpatient care facility 12. Place of religious worship or exercise 13. Recreational or athletic facility for the primary use and benefit of institutional resi- dents or affiliates 14. Residential care facility 15. Seminary 16. Single-, two-, or multiple -family dwelling to house institutional residents or affiliates 17. Vocational school Vocational school 5-22.2 Conditional Use The following uses may be permitted in the ID Institutional District, subject to the provi- sions of Section 8-5: 1. Wind energy conversion system MV CTror IUCTF E Section 2—Land Use Regulations Chapter 5: Zoning Districts 5-22.3 Accessory Uses The following uses may be permitted as accessory uses as provided in Section 3-7: 1. All other uses customarily incidental to the principal permitted use in conjunction with which such accessory use is operated or maintained, but not to include commercial uses outside a principal building 2. As an accessory use to a medical institution, and located entirely within a principal building, a facility for the compounding, dispensing, or sale of drugs or medicines, prosthetic devices, lotions and preparations, dental care supplies, eyewear, bandages or dressings, and similar medical or health -related supplies 3. As an accessory use to an educational institution and located entirely within a principal building, bookstore, or bar seating not more than 75 persons at one time and located not closer than 200 feet from the nearest res- idential or office -residential district 4. Licensed adult day services 5. Licensed child care center 6. Off-street parking and loading 7. Restaurant or cafeteria; flower shop; gift shop; and candy, cigar, or magazine stand; but only when operated and located entirely within a principal building 8. Wind turbine (building -mounted) 5-22.4 Procedures for District Establishment, Expansion, and Modification A. Application and Conceptual Development Plan Submission: Application for district establishment, expan- sion, or modification of new or existing structures within an established ID district shall be filed, along with the appropriate filing fee with the Planning Services Department. The application shall be accompanied by a conceptual development plan including: 1. Written Information: i. Legal description and address of property; ii. Name, address and phone number(s) of the property owner(s); iii. Proposed construction and landscaping schedule indicating the timing and sequence of each devel- opment activity; iv. Existing and proposed uses for all buildings or structures; v. Total area of property and all structures, existing and proposed; and vi. Present and proposed type and number of parking spaces on the property 2. Graphic Materials: i. Complete property dimensions; ii. The location, grade, and dimensions of all present and/or proposed streets or other paved surfaces and engineering cross sections of proposed new curbs and pavement; iii. Proposed parking and traffic circulation plan, if applicable, showing location and dimensions of parking stalls, dividers, planters or similar permanent improvements; perimeter screening treatment, including landscaping, etc.; iv. Location and dimensions of all buildings or major structures, both proposed and existing, showing exterior dimensions, number and area of floors, location, number and type of dwelling units, height of buildings, etc.; v. Existing and proposed contours of the property taken at regular contour intervals not to exceed five feet, or two feet if the City Planner determines that greater contour detail is necessary to satisfactori- ly make the determinations required by this Code; vi. The general nature, location, and size of all significant existing natural land features, including, but not limited to, sidewalks or paths, tree or bush masses, all individual trees over six inches in diame- ter, grassed areas, surface rock and/or soil features, and all springs, streams, or other permanent or temporary bodies of water; and TH8 CRY OF Section 2—Land Use Regulations Chapter 5: Zoning Districts vii. A location map or other drawing at appropriate scale showing the general location and relation of the property to surrounding areas, including, where relevant, the zoning and land use pattern of adjacent properties, the existing street system in the area, location of nearby public facilities, etc. B. Commission Hearing: A public hearing shall be held by the Zoning Advisory Commission on the application and conceptual development plan in the same manner and with the same public notice procedure as required for zoning classifications. C. Commission Recommendation: The Zoning Advisory Commission's recommendation shall be transmitted to the City Council with a statement of reasons in support of the recommendation. If the recommendation is one of approval, it shall contain recommended conditions or restrictions to be included in an ordinance au- thorizing the establishment or expansion of the ID District or its uses. The conditions or restrictions shall include, but not be limited to: 1. Time limitations, if any, for submission of final development plans and commencement of construction. 2. Uses permitted in this district. 3. Lot and bulk and performance standards for the development and operation of the permitted uses. 4. Requirement that any transfer of ownership or lease of property in the district include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions au- thorizing the establishment of the district. D. Conceptual Development Plan Approval: The Zoning Advisory Commission shall not approve the conceptu- al development plan unless and until the commission determines that such plan conforms to each of the fol- lowing standards: 1. The conceptual development plan is in substantial conformance with adopted comprehensive plans to guide the future growth and development of Dubuque. 2. Expansions contemplated by the plan are justifiable and reasonable in light of the projected needs of the institution and the public welfare. 3. The proposed additions or expansions are designed so as to be functionally integrated with the existing institutional facilities, with due regard to maintenance of safe, efficient, and convenient vehicular and pedestrian traffic. 4. The proposed additions or expansions of use are permitted in the district and are of a location, size, and nature such that they are not likely to interfere with the appropriate use and enjoyment of property in abutting districts. 5. The conceptual development plan will not violate any provision or requirement of this Code. 6. Approval of the conceptual development plan shall be valid for a period of three years, provided that after the first year, if no final site development plan has been filed, the commission or council may re- quire the resubmission of a conceptual development plan in conformity with the procedures and stand- ards of this section. 7. A new or amended conceptual development plan may be filed at any time following council approval. E. Council action. Upon receiving the recommendation of the Commission, the City Council shall act in the manner provided by law to approve or disapprove the requested zoning reclassification of the property. The affirmative vote of at least three -fourths of all the membership of the council shall be necessary to approve the conceptual development plan when the commission has recommended disapproval thereof, or to remove any conditions, requirements, or limitations imposed by the commission in approving the conceptual devel- opment plan. F. Submission of final site development plan. After passage of the ordinance authorizing the establishment of an ID Institutional District by the City Council, the applicant shall submit final site development plans to the City Planner within the period of time, if any, specified in said ordinance. The plans shall include detailed information as required of a final site plan for adequate consideration of the plans. The City Planner will judge the final site development plan for its conformance with the approved conceptual development plan, and if found to be in conformance with said plan, the issuance of building permits shall be permitted. Fol- lowing approval of the final site development plan, no construction may take place except in substantial con- ,MV CC OF IUCTF E Section 2—Land Use Regulations Chapter 5: Zoning Districts formance with such plan. If the project is phased, then each phase would be considered on its own merit and be evaluated on the specific ordinance requirements establishing the district. The plans shall satisfy the sub- division regulations and other pertinent City ordinances where applicable. G. Development according to final site development plan. 1. Site development plan review. No building permit shall be issued on any site unless a site development plan has been submitted and approved in accordance with the provisions of Chapter 12 and such plan conforms with the conditions of the adopted conceptual development plan. 2. Construction of improvements or posting of bond. No buildings may be erected and no uses may occupy any portion of the district until the required related off -site improvements are constructed or appropriate security as determined by the zoning commission is provided to ensure construction. If the institutional district is to be developed in phases, all improvements necessary to the proper operation and functioning of each phase even though same may be located outside of the section, must be constructed and in- stalled, or appropriate security as determined by the zoning commission must be provided to ensure their construction. H. Changes from plan. After recording of a final site development plan, changes not inconsistent with the pur- pose or intent of this section may be approved by the Zoning Advisory Commission. Changes affecting the purpose or intent of this section shall require a new petition to be filed. 5-22.5 Prohibition on Commencement of Use by Parties Unassociated with the Principal Insti- tution A. Within an existing ID Institutional District, no principal use other than those provided for in this district may be commenced by any person(s) except: 1. The principal institution or its agent; or 2. A person under contractual or other legally binding obligation to provide services to such institution (e.g., the independent operator of a student cafeteria); or 3. The person or persons operating a doctors' clinic or other facility permitted under the principal permitted uses of this section. B. The purpose of this provision is to prohibit the commencement of principal uses unrelated to the promotion of the primary educational, charitable, religious, or medical purpose of the institution, by requiring purchas- ers of institutional land and/or buildings to seek appropriate reclassification of the property prior to com- mencement of any noninstitutional use on the premises. 5-22.6 District Standards The specific ordinance establishing a particular institutional district, or resolutions adopted pursuant thereto, shall provide standards for the design, development, operation and maintenance of uses and structures. These standards may include, but are not limited to: A. Control of operations outside of enclosed buildings. B. Control of lighting and utilities. C. Provision of landscaping and protection of natural areas. D. Control of refuse collection areas. E. Off-street parking and loading requirements. When parking requirements are not included in the adopting ordinance establishing the specific ID District, then Chapter 14 shall apply. F. Control of signage. When signage requirements are not included in the adopting ordinance establishing the specific ID District, then Chapter 15 shall apply. TH8 CRY OF Section 2—Land Use Regulations Chapter 5: Zoning Districts 5-22.7 Bulk Regulations --------------- -- Lot Area till ! Z — 1 Lat Width Lot Frontage Street --; R�c�wrecfRear� Setback �1 Required F nt p ; SetbackF7 u ` Street Midpoint TeiZIcht 17 5hed Roof Midpoint I I ieight Gable or Hip Roof ❑eckline Height Mansard or Gambrel Roof H ighe5t Level Height Flat of 'MP CC OF IUCTF E Section 2—Land Use Regulations Chapter 5: Zoning Districts Public park Natural recreation Al Uses TH8 CRY OF 5-23 POS Public Open Space The POS District is intended to provide open space for passive recreation, to protect and conserve natural, historic or cultural resources, to provide habitat for wildlife, to prevent development in environmentally sensitive locations such as bluffs, wetlands, floodplains and drainageways; to serve as a buffer between differing land uses or to provide natural beauty in an urban environment. 5-23.1 Principal Permitted Uses The following uses are permitted in the POS District: 1. Public or private park, golf course, or similar natural recreation area 2. Railroad and public or quasi -public utility, including substation, but not including offices or storage 5-23.2 Conditional Uses The following conditional uses may be permitted in the POS district, subject to the provi- sions of Section 8-5: 1. Recreational use 5-23.3 Accessory Uses The following uses may be permitted as accessory uses as provided in Section 3-7: 1. Any use customarily incidental and subordinate to the principal use it serves 5-23.4 Temporary Uses area The following uses may be permitted as temporary uses in the POS district in conform- ance with the provisions of Section 3-19: 1. Uses of a recreational or amusement nature 5-23.5 Parking Minimum parking requirements shall be regulated in conformance with the provisions of Chapter 14. 5-23.6 Signs Signs shall be regulated in conformance with the provisions of Chapter 15. 5-23.7 Bulk Regulations N/A I N/A I N/A 1 25 1 N/A 1 25 1 25 1 N/A Section 2—Land Use Regulations Chapter 5: Zoning Districts 5-24 PUD Planned Unit Development 5-24.1 Purpose A. The Planned Unit Development (PUD) District is intended to encourage flexible and innovative design in the development of appropriate sites as integrated project units. Regulations for this district are designed to: 1. Allow a workable, interrelated mix of diverse land uses; 2. Encourage flexibility in design for efficiency and cost savings for the developer and the community; 3. Maximize the potential for large-scale office, residential, commercial and industrial development and at the same time reduce to a minimum the impact of the development on surrounding land uses and the natural environment; 4. Encourage new development to preserve and utilize existing land characteristics and features which of- fer visual recreational benefits or other amenities; 5. Promote the economic, attractive, innovative and harmonious arrangement and design of new buildings, streets, utilities and other improvements or structures; 6. Provide a living, working and shopping environment within the layout of the site that contributes to a sense of community and a coherent lifestyle; 7. Provide for the creation and preservation of more and larger useable public or common open spaces than would normally be provided under conventional development; 8. Encourage the careful design and planning of larger development projects; 9. Give developers reasonable assurances regarding project approvals before the unnecessary expenditure of design efforts, while providing the City with appropriate assurances that approved PUD's will retain the character envisioned at the time of project approval. B. Property may be reclassified to the planned unit development designation when the proposed development plan will promote the purpose of the district and this ordinance and is formulated in conformance with the review procedures and standards of this section. 5-24.2 General Requirements A PUD may be established on any parcel of two acres or more in size for residential, office, commercial or in- dustrial development. A PUD is required for all retail commercial uses open to the public or members which have over 60,000 square feet of building area. A PUD is also required for regional shopping centers, manufac- tured home parks, biofuels production facilities, commercial wind energy conversion systems and for all new industrial parks and all new office parks. Any structure existing at the time of adoption of this Code which is expanded for retail commercial use to over 60,000 square feet of building area and which expansion constitutes an increase of 25 percent or more to the building area shall be subject to this section, including rezoning to PUD. Such PUD district designation(s) shall be shown on the Official Zoning Map as a P followed by a letter designat- ing the primary use, C (commercial), O (office), I (industrial), or R (residential); i.e. PC, PO, PI, and PR. 5-24.3 Development Regulations Lots, uses, signs and structures shall conform to the bulk, sign, parking and any other development regulations specifically provided in the ordinance establishing the PUD; however, PUD districts established prior to adop- tion of this Code without specific bulk, sign, parking and other development regulations shall be regulated by the regulations of the most compatible district allowing the existing uses which are in the PUD. In all PUDs the fol- lowing minimum standards shall be met: A. General Standards: I . The density and design of the PUD shall be compatible in use, size and type of structure, relative amount of open space, traffic circulation and general layout with adjoining land uses, and shall be integrated into the neighborhood. 2. The PUD shall take into consideration the impact in existing streets and utilities. 3. The economic, environmental and neighborhood impacts of the development shall be considered. 'MV CC OF IUCTF E Section 2—Land Use Regulations Chapter 5: Zoning Districts 4. The PUD shall conform to the adopted Comprehensive Plan. B. Specific Standards: 1. Maximum land coverage of all buildings and impermeable areas shall be established. 2. Minimum open space shall be established and continued maintenance of the open space shall be provid- ed in the specific PUD ordinance. 3. Minimum interior and perimeter setbacks shall be established. 4. Maximum height limitations shall be established. 5. Minimum landscape screening requirements shall be established. 6. Sign regulations for the PUD development shall be established. 7. Provision for the continued maintenance of all improvements shall be noted within the ordinance estab- lishing the PUD district. C. Other Conditions: Other conditions may be required, if found necessary to protect and promote the best in- terests of the surrounding property or the neighborhood. These conditions may include, but are not limited to, the following: 1. Improvement of traffic circulation for vehicles and pedestrians in the proposed development and adjoin- ing properties and streets. 2. Specific landscaping/screening/lighting requirements to maintain privacy or reduce impacts in adjoining properties. 3. Joint use of private open space or amenities by adjoining property owners. D. Due consideration shall be given to the natural topography and major grade changes shall be avoided. If the development includes hillsides and slopes, special evaluation is given to geological conditions, erosion and topsoil loss. E. If unfavorable development conditions exist, the Zoning Advisory Commission and City Council may re- strict clearing, cutting, filling, or other substantial changes in the natural conditions of the affected area. 5-24.4 Procedure to Establish, Amend, or Expand a PUD A. Preapplication Conference: Prior to any application for PUD district establishment, the applicant and/or their representative shall meet with planning services staff to determine the applicability of the development, tim- ing of procedure, and any other information pertinent to the proposal. B. Application and Submission of Conceptual Development Plan: After the preapplication conference, the ap- plication for PUD district establishment shall be filed with the established filing fee with the Planning Ser- vices Department. The application shall be submitted with a conceptual development plan including the fol- lowing: 1. Legal description and address of property. 2. Name, address and phone number(s) of the property owner(s). 3. Number, type and general location of residential units. 4. General location and type of nonresidential uses including commercial, office and industrial uses. 5. List of principal permitted uses, conditional uses, accessory uses, and temporary uses. 6. General location and type of recreational (passive and active) and open space (usable and nonusable) areas. 7. Location of existing infrastructure and utilities, including: streets with appropriate grades, sidewalks; access drives; water, sanitary sewer and storm sewer drainage systems, where appropriate. 8. Proposed access to public right-of-way, including approximate grades, traffic projections and general indication of traffic control measures. TH8 CRY OF Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W. 13th St Telephone: 563-589-4210 Return to: Adrienne N. Breitfelder, City Clerk Address: City Hall, 50 W. 1 V St Telephone: 563-589-4121 ORDINANCE NO. 18-23 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 900 ALTA VISTA STREET FROM ID INSTITUTIONAL DISTRICT TO OR OFFICE RESIDENTIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter —described property from ID Institutional District to OR Office Residential District, to wit: "Sisters of the Visitation Place" 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 17th day of April, 2023. C .• Mayor Attest: (/" `�✓ ✓ram X-1 '7 "- Adrienne N. Breitfelder, City Clerk STATE OF IOWA SS: DUBUQUE COUNTY %-t,x'f IFICATF OF PUBLICATION I, Kathy Goetzinger, a Billing CIerk 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: 04/07/2023 and for which the charge is 51.65 Subsc 'bed to before me, a Notary Public in and for Dubuque County, Iowa, this 7th day of April, 2023 K/ e0 Notary Publ n and for Dubuque County, Iowa. rPOAL g J NET K. PAPE zy commission Number 199689 My Commission Expires * +owA 1211112025 Ad text : CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct public hearings on the 17th day of April, 2023, at 6:30 p.m., in the Historic Federal Building, 350 W. 6th Street, 2nd floor, Dubuque, Iowa, on the following: REZONINGS 1. Request from James P. Gantz for property located at Northwest Arterial, PIN 1010476002 to rezone property from AG -Agriculture to Planned Unit Development with PR -Planned Residential zoning designation. 2. Request from John and Dianne Brehm for property located at Brehm Acres to rezone property from County R-1 Single -Family Residential to City Planned Unit Development with PI Planned Industrial designation concurrently with annexation into the City of Dubuque. 3. Request from Nate Runde and Tim Ertl to rezone property located at 1061 Cedar Cross Road, PIN 1034254001 from CS Commercial Service and Wholesale to C-3 General Commercial. 4. Request from Affordable Housing Network Inc. to rezone property located at 900 Alta Vista Street from ID Institutional to OR Office Residential. 5. Request from Scott Kwiecinski, Horizon Development to rezone property located at 1301 Central Avenue from C-4 Downtown Commercial to OR Office Residential. TEXT AMENDMENT 1. Request from the City of Dubuque to amend the Unified Development Code Section 16-11-7: Application Requirements and Review Process and 16-12-6: Off -Site Improvements regarding the evaluation of off -site impacts of subdivision and site plan developments. At the meeting, the City Council will receive oral and written comments from any resident or property owner of said City to the above action. The official agenda will be posted the Friday before the meeting and will contain public input options. The City Council agenda can be accessed at https://cityofdubuque.novusagenda.com/AgendaPublic/ or by contacting the City Clerk's Office at 563-589-4100, etyclerk@cityofdubuque.org. Written comments regarding the above public hearings may be submitted to the City Clerks Office via email at ctyclerk@cityofdubuque.org or by mail to City Clerk's Office, City Hall, 50 W. 13th St., Dubuque, IA 52001, before said time of public hearing. At said time and place of public hearings the City Council will receive any written comments. Copies of supporting documents for the public hearings are on file in the City Clerk's Office and may be viewed Monday through Friday between 8:00 a.m. and 5:00 p.m. Individuals with limited English proficiency, vision, hearing, or speech impairments requiring special assistance should -contact the City Clerk's Office at (563) 589-4100, TDD (563) 690-6678, ctyclerk@cityofdubuque.org as soon as feasible. Deaf or hard -of -hearing individuals can use Relay Iowa by dialing 711 or (800) 735-2942. Adrienne N. Breitfelder City Clerk It 4/7 4/17/2023 Public Hearing #4 ORD #18-23