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Rezoning 110 E. 30th Street, 114 E. 30th Street, and 2987 Jackson Street_HearingCity of Dubuque City Council Meeting Public Hearings # 01. Copyrighted December 4, 2023 ITEM TITLE: Rezoning 110 E. 30th Street, 114 E. 30th Street, and 2987 Jackson Street SUMMARY: Proof of publication on notice of public hearing to consider approval of a request from Chris Staver to rezone property located at 110 E. 30th Street, 114 E. 30th Street, and 2987 Jackson Street from C-1 Neighborhood Commercial and R-2A Alternate Two -Family Residential to C-2 Neighborhood Shopping Center District to allow for construction of a surface parking lot for his restaurant and Zoning Advisory Commission recommending approval. SUGGESTED DISPOSITION: ATTACHMENTS: Description ZAC Memo to CC ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 110 E. 30th Street, 114 E. 30th Street, and 2987 Jackson Street from R-2A Alternate Two -Family Residential District and C-1 Neighborhood Commercial District to C-2 Neighborhood Shopping Center District Suggested Disposition: Receive and File; Motion B; Motion A Application Vicinity Map Staff Report R-2AAlternate Two -Family Residential Zoning Regulations C-1 Neighborhood Commercial Zoning Regulations C-2 Neighborhood Shopping Center Zoning Regulations Ordinance Letter of Concern Letter of Support Type Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Ordinance Supporting Documentation Supporting Documentation Planning Services Department City Hall 50 West 13th Street Dubuque, IA 52001-4864 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD planning@cityofdubuque.org THE CITY OF DUB E Masterpiece an the Mississippi The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 Dubuque All-Anerie� City 2007-2012.2013 2017*2019 November 22, 2023 Applicant: Chris Staver Location: 110 E. 30th Street, 114 E. 30th Street and 2987 Jackson St. Description: To rezone property from C-1 Neighborhood Commercial and R-2A Alternate Two -Family Residential to C-2 Neighborhood Shopping Center. 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 Chris Staver, 1027 Barbaralee Drive, spoke on behalf of the application, noting that he desires to construct a surface parking lot for his restaurant. He stated that currently there is only on -street parking. Katie Determan, 2685 Kaufmann Avenue, expressed concerns regarding the project. She stated that her daughter lives at 2977 White Street and that she has experienced challenges with safely accessing her daughter's driveway due to the volume of traffic in the neighborhood. She stated that street parking is dangerous due to the narrowness of White Street and the speed of traffic on the street. She expressed concerns regarding the Jackson Street closure and the impact that has had on traffic volume on White Street. She questioned how the parking lot would be monitored to ensure it's only used by customers of the restaurant. She questioned whether the parking lot would be illuminated and how long the lights would be on. Rick Dickinson, 205 Hill Street, President of the Greater Dubuque Development Corporation, spoke in favor of the rezoning request. He expressed gratitude for the Commissioners willingness to hold a special meeting and stated that the parking challenges are a critical issue for Mr. Staver and his business, the Copper Kettle restaurant. He discussed the state of Dubuque Malting & Brewing Company building and the hazard it has presented for people traveling on Jackson Street, which has had a direct and detrimental impact on the Copper Kettle's business. He stated that the rezoning would allow Mr. Staver to construct an off-street parking lot which will help his business. He stated it is a pressing matter and will help reduce the negative impact on the Copper Kettle and will reduce the impact of on -street parking for the neighborhood. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 Emily Determan, 2977 White Street, stated that the impact of on -street parking from the Copper Kettle has directly affected her ability to access her property and driveway in the past. She stated that friends coming to her house often have trouble finding a parking space on the street due to the restaurant parking. She questioned whether the parking lot would increase traffic on White Street, which is a narrow street on which traffic is too fast currently. She stated that she would just like to be able to access her property without these challenges. Mike Muench, 2943 Elm Street, stated that he previously lived at 2805 Jackson Street and acknowledged that street traffic is very busy and fast along Jackson Street and White Street. He stated that he felt the proposed parking lot would be a step toward helping resolve the parking congestion in the neighborhood. He stated as the owner of Convivium Urban Farmstead, he understands the desire to have off-street parking. He expressed support for the property rezoning and said he felt the project would be done well. Mr. Staver stated that he would do whatever the City would require for lighting but would desire to have a low -voltage lighting that would not impact the neighborhood. He stated his hope is to improve the parking condition in the neighborhood and alleviate some of those impacts to the neighborhood. Staff detailed the staff report noting the location of the three properties and that they are under common ownership and that two residential structures are in the process of being demolished. Staff discussed the history of the restaurant use is a legally nonconforming use and that the proposed rezoning would establish the restaurant use a legal use in the C-2 zoning district and would allow a surface parking lot as an accessory use to the restaurant. Staff stated that the applicant is not seeking to expand the capacity of the restaurant and so the rezoning is not anticipated to increase the number of patrons and vehicles coming to the subject site, but rather would help to better manage the parking for the restaurant. Staff discussed the city's site plan review process which would review the project for compliance with all city codes, and that the Development Review Team has already reviewed the project conceptually. Staff outlined two letters from neighboring property owners had been submitted for the Commissions consideration. The Commission acknowledged that parking is a major issue in the neighborhood which has been exacerbated by the current condition of the Malting & Brewing Company building which has resulted in street closures. The Commission stated that many of the concerns expressed by the public seemed to be items that would be addressed through the site plan review process and sought to understand how community members concerns would be expressed to the Development Review Team. The Commission also discussed the traffic speed concerns and stated that the Police Department would be the best department to address those issues and that the concern would also be shared with the City Council during their review. Staff stated that the feedback received at the meeting will be shared with the Development Review Team and that concerns regarding site lighting, traffic, and parking are common concerns that the team takes into consideration with all site plan reviews. Staff stated Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 3 members of the public are always welcome to reach out to the Planning Services Office to share their concerns and staff will be able to share the concerns with the review team. Recommendation By a vote of 5 to 0, the Zoning Advisory Commission recommends that the City Council approve the request. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, X0 Matt Mulligan, Chairpersory Zoning Advisory Commission Attachments cc: Chris Staver, 2987 Jackson Street, Dubuque, IA 52001 Service People Integrity Responsibility Innovation Teamwork bubuque `MEC"YFJP 1 la,tcrpltCeott (ltc A11-1-i ppi 2017*2019 �v City of Dubuque Planning Services Department Dubuque, IA 52001-4845 Phone: 563-589-4210 No Fax: 563-589-4221 Zoning Advisory Zoning Board of Development Services Historic Preservation Commission Commission Adjustment ❑ Annexation ❑ Demolition ❑ Amended PUD ❑ Conditional Use Permit ❑ Limited Setback Waiver ❑ Historic Revolving Loan M Rezoning/PUD/ID ❑ Special Exception ❑ Site Plan Simple ❑ Certificate of Economic Non -Viability ❑ Text Amendment ❑ Variance ❑ Site Plan Minor Design Review Certificate of Subdivision Appeal ❑ Site Plan Major Appropriateness HSimple 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 Design Review applicablePlease complete the A. Property Information Site Location/Address: 110 E 30th street, 114 E 3 Street, & 2984 �Jagkson S . eet Legal Description/Parcel ID#/Subdivision: PIN 1013153001, PIN 1013153002, & PIN 1013153008 R-2A & C-1 C-2 10,082 SF / .23 acres (total) Existing Zoning: Proposed Zoning; Ar@o (square feet/acres); Historic District: Landmark: ❑ Ye§ Dd No B. Describe proposal and reason for application (attach a letter of explanation, if necessary): Peqeest to rezone the lots from R-2A and C-1 tg C-2. C. Applicant/Agent Information Name: Chris Stayer Phow, �SG3— S PG—►39 Address: 1'Z q't-4- c ,)A cr`Lyc a S Co, 'POOV!�r t A- e State: --�' - dip; $1 a�1 i m�11� �GL vdS �--�a..-e r tJ �'�1 L • �'owt D. Property Owner(s) Information Name(s): STW LLC Address: 2981 Jackson Street State: (A no: 52001 Email: E. Certification: I/we, the undersigned, do hereby certify/acknowledge that: Phone; SG 3-SP'o -13 P3 City: Dubuque _ 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 subm' herein is true and correct to the best of my/our knowledge and upon submittal becomes public record. Applicant/Agent: Date: a i / S /2 Property Owner(s)': �� Date: a3 Fee $ / Ck# 44q 22 Date�2, 3 MIN aO(D s<' = LI 1�1 111 aOF� C-4 C-4 GL�A'A^J 1 1 1 lol ° s<' 1 1 R-3 CS�,��11 CxC/D 1 1 D C-1 WW i� 4a 1 1 C�IJ � GYYa'A C�IJ.J A060 f f R-2A i i 4�00 �p R-1 Dubuqu C Is i Vicinity Map o �? F N� P� gSeURrR ENNSYLVAN AAVE DODGEST J .n SwgRTFR/q Applicant: Chris Staver, Copper Kettle Location: 110 E. 30th Street, 114 E. 30th Street, and 2987 Jackson Street Description: To rezone property from C-1 Neighborhood Commercial and R-2A Alternate Two -Family Residential to C-2 Neighborhood Shopping Center. ■ ■ Subject Property 0 40 80 160 LjN Feet /V 1:1,250 REZONING STAFF REPORT Zoning Agenda: November 29, 2023 Property Address: 110 E. 301" Street, 114 E. 301" Street, and 2987 Jackson Street Property Owner: Chris Staver Applicant: Chris Staver Description: To rezone property from C-1 Neighborhood Commercial and R-2A Alternate Two -Family Residential to C-2 Neighborhood Shopping Center. Proposed Land Use: Commercial Existing Land Use Adjacent Land Use: Residential / Commercial North — Residential East — Commercial South — Residential West — Residential Proposed Zoning: C-2 Existing Zoning: R-2A / C-1 Adjacent Zoning: North — R-3 East — CS/C-4 South — R-2A West — R-2A Former Zoning: Prior to 1975 — Light Industrial and Multi -Family Residential 1975 — C-1 Commercial and R-3 Residential 1985 — C-1 Commercial and R-2A Residential Total Area: .23 acres / 10,196 sq. ft. Property History: The subject property is comprised of three lots. The two westerly lots have historically been zoned for residential use and were improved with single-family residences which are currently in the process of being demolished in order to construct a surface parking lot. The eastern most lot has historically been zoned for industrial and commercial use and is currently home to the legally non -conforming' Copper Kettle restaurant. All three lots are under common ownership. Physical Characteristics: The subject property consists of three lots totaling approximately .23 acres (10,196 sq. ft). The westernmost lot is located at the corner of White Street and E. 30t" Street, the center lot has frontage along E. 30t" Street, and the eastern lot is located at the corner of E. 30th Street and Jackson Street. The subject property is primarily flat with a 2' elevation change over all three lots. Surrounding development consists of residential properties to the south, west, and north, Duck Duck Drive vehicle sales to the east, and the Dubuque Malting & Brewing Company (former H&W building) to the northeast. 1 Legally Nonconforming Use: A use lawful when established but which does not conform to subsequently established zoning or zoning regulation. Rezoning Staff Report: 110 E. 30t" St., 114 E. 30th St., and 2987 Jackson St. Page 2 Rezoning Reuue t 11D E..30th St. 114 E. 30th St. 2987 Jackson St. Subject properties Ile 'kk " { it LL OOP I L1V ? 5 i ti rJg Concurrence with Comprehensive Plan: The Comprehensive Plan encourages mixed - use development to create diverse and self-sufficient neighborhoods. It also recommends that incompatible uses be buffered and protected from each other. The City's Future Land Use Plan identifies the subject property area as Mixed Use. Rezoning Staff Report: 110 E. 30th St., 114 E. 30th St., and 2987 Jackson St. Page 3 Impact of Request on: Utilities: Existing utilities are adequate to serve the subject property. Traffic Patterns/Counts: The Iowa Department of Transportation provides traffic count information from 1975 and 2013 for the three streets surrounding the subject site. Those counts indicate an average daily traffic count of 4,330 along this section of Jackson Street (2013), 232 along White Street (1975), and 250 along East 30th Street (1975). Vehicular trips have likely increased on these roadways since the counts were generated in 1975 and 2013; however, the proposed project is not anticipated to increase traffic to the subject site beyond the traffic that is already generated by the mixed -use neighborhood. Furthermore, the proposed rezoning will allow for a surface parking lot to be established on two of the lots which is anticipated to reduce some of the on -street parking related to the Copper Kettle restaurant. Public Services: Existing public services are adequate to serve the subject property regardless of how it may be utilized or redeveloped. Environment: The subject property consists of three lots. Two lots are improved with residential structures that are currently being demolished in order to construct a surface parking lot for the Copper Kettle restaurant. In order to construct the surface parking lot, the property is required to be rezoned. Any proposed development of the subject property, including a surface parking lot, would require review by the city's Development Review Team (DIRT). The DRT is comprised of multiple City Departments including Engineering, Planning, Water Distribution, Fire, Police, Housing & Community Development, and Leisure Services. Site plans are reviewed by all relevant departments regarding access, parking, screening, paving, stormwater management, water connection, sanitary sewer connection, and fire safety. Effects on the environment would be mitigated through appropriate site development and therefore the proposed rezoning is not anticipated to have an any adverse impacts on the environment. Adjacent Properties: The subject property is surrounded by residential development along White Street, E. 30th Street, and Jackson Street. Other development in the area includes Duck Duck Drive vehicle sales and the Dubuque Malting & Brewing Company (former H&W building). The proposed rezoning would change the zoning designation for the subject property which is comprised of three lots. The Copper Kettle restaurant would continue to operate within the existing building at 2987 Jackson Street and the two lots at 110 and 114 E. 30th Street are proposed to be redeveloped as a parking lot for the patrons of the restaurant. It is anticipated that the parking lot may help reduce the volume of patron parking along adjacent streets. CIP Investments: None proposed. Staff Analysis: The applicant proposed to rezone the subject proposed which is comprised of three lots located at 110 E. 30th Street, 114 E. 30th Street, and 2987 Jackson Street. The Rezoning Staff Report: 110 E. 30th St., 114 E. 30th St., and 2987 Jackson St. Page 4 lots at 110 and 114 E. 30th Street are currently zoned R-2A Alternate Two -Family Residential and improved with single-family residences which are currently in the process of being demolished. The property at 2987 Jackson Street is currently home to the Copper Kettle Restaurant which would continue to operate in the existing structure. As requested, all three lots would be rezoned to C-2 Neighborhood Shopping Center. The subject property consists of three lots totaling approximately .23 acres (10,196 sq. ft), which are under common ownership. The westernmost lot is located at the corner of E. 30th Street and White Street, the center lot has frontage along E. 30th Street, and the easternmost lot has frontage on E. 30th and Jackson Streets. The subject property is primarily flat with a 2' elevation change over all three lots. Surrounding development consists of residential properties to the south, west, and north, Duck Duck Drive vehicle sales to the east, and the Dubuque Malting & Brewing Company (former H&W building) to the northeast. The 2987 Jackson Street property was established as a restaurant in the mid-1950s and is currently home to the Copper Kettle restaurant. The restaurant use was established prior to the currently C-1 zoning district and as such an Indoor Restaurant is considered a legally non -conforming use. In the proposed C-2 zoning district an Indoor Restaurant is a permitted use and so rezoning the proposed would allow an Indoor Restaurant as a permitted use on the property, bringing the property into compliance/eliminate the non- conformity regarding the use. Additionally, the applicant desires to construct a surface parking lot on the 110 and 114 E. 30th Street lots. As planned, the surface parking lot is intended to be utilized by patrons of the Copper Kettle. A surface parking lot is not a permitted use in the R-2A zoning district; however, it would be a permitted as an accessory use to an Indoor Restaurant within the C-2 zoning district. Therefore, the applicant is seeking to rezone all three lots to C-2 Neighborhood Shopping Center to eliminate the non- conformity of the use as an indoor restaurant and to add a parking lot which would reduce on -street parking throughout the neighborhood. The R-2A zoning district allows for ten (10) Principal Permitted Uses and the C-1 zoning district allows for seventeen (17) Principal Permitted Uses. The proposed C-2 zoning district would allow for a total of twenty-four (24) Principal Permitted Uses. The chart below provides a side -by -side summary of the Principal Permitted Uses in all three zoning districts. A copy of the full summary of each zoning district is attached to this report. See chart on the following page. Rezoning Staff Report: 110 E. 30t" St., 114 E. 30t" St., and 2987 Jackson St. Page 5 R-2A Zoning District C-1 Zoning District C-2 Zoning District Place of religious exercise/assembly Bake retail only) Appliance sales or service Railroad/public orquasi- ublic utility Barber or beauty shop Artist studio Community gardens Flower shop, garden shop, or commercial greenhouse Automated gas station Public, private, or parochial school General office Bank, savins & loan, credit union Cemetery, mausoleum, or columbarium Grocery or drug store Barber or beauty shop Laundromat Commercial greenhouse Public/private parks, golf course or similar natural recreation area Licensed childcare center Furniture or home furnishing sales Golf course Multi -family dwelling max 6 units Furniture upholstery or repair Single -Family detached dwelling Place of religious exercise/assembly Gas station Townhouse max two Railroad/public or quasi -public utility General office Two-family dwelling duplex Registered child development home Golf course Retail sales and services Indoor restaurant School of private instruction Laundry, dry cleaner, laundromat Shoe repair Licensed childcare center Single-family detached dwelling Medical office Townhouse max 6 units Neighborhood shopping center Two-family dwelling (duplex) Public/private parks, golf course or similar natural recreation area Photographic studio Place of religious exercise/assembly Railroad/public or quasi -public utility Registered childcare development home Residential above the first floor only Retail sales and service School of private instruction Approval of the proposed rezoning is generally not anticipated to substantially alter the fabric of the neighborhood. However, the Commission may wish to specifically consider whether all twenty-four (24) uses within the C-2 district would be appropriate in the neighborhood. It is also worth noting that the site is generally small and would likely require variance or waiver approvals to be able to accommodate most of the allowed uses due to development standards associated with site development, such as setbacks, open space, and parking. The Iowa Department of Transportation provides traffic count information from 1975 and 2013 for the three streets surrounding the subject site. Those counts indicate an average daily traffic count of 4,330 along this section of Jackson Street (2013), 232 along White Street (1975), and 250 along East 30t" Street (1975). Vehicular trips have likely increased on these roadways since the counts were generated in 1975 and 2013; however, the proposed project is not anticipated to increase traffic to the subject site beyond the traffic that is already generated by the mixed -use neighborhood. Furthermore, the proposed rezoning will allow for a surface parking lot to be established on two of the subject lots which is anticipated to reduce some of the on -street parking related to the Copper Kettle restaurant. Rezoning Staff Report: 110 E. 30t" St., 114 E. 30th St., and 2987 Jackson St. Page 6 The subject property is adequately served by existing utilities and public services and would be, regardless of the type of development on the site. Any proposed development of the subject property or portions thereof, including a surface parking lot, would require review and approval by the city's 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. Site plans are reviewed by all relevant departments regarding access, parking, screening, paving, stormwater management, water connection, sanitary sewer connection, and fire safety. Effects on the environment would be mitigated through appropriate site development and therefore the proposed rezoning is not anticipated to have an any adverse impacts on the environment. The Comprehensive Plan encourages mixed -use development to create diverse and self- sufficient neighborhoods. It also recommends that incompatible uses be buffered and protected from each other. The City's Future Land Use Plan identifies the subject property area as Mixed Use. Planning staff recommends that the Zoning Advisory Commission review the information provided and make a recommendation on the requested rezoning to the City Council in accordance with Chapter 9 of the Unified Development Code and the criteria established for granting a zoning reclassification. Prepared by: Date: 11 /21 /23 11/21/23, 12:06 PM https://export.amiegal.com/api/export-requests/Ob76c7a3-8d89-4253-be6f-464fd97e5797/download/ 16-5-4: R-2A ALTERNATE TWO-FAMILY RESIDENTIAL: The R-2A district is intended to provide for the protection of certain older areas of the community developed principally as single-family and two-family uses. Characteristics of the R-2A district are: smaller than average lot widths and area, established building lines much closer to the public right of way and required setback lines, and/or greater lot coverage than allowed in the more recent developing areas where such requirements can be provided. The R-2A district is intended to be located in those areas displaying one or more of the above characteristics. The purpose of this district is to stabilize and preserve the residential character of existing areas through the establishment of bulk regulations in conformity with existing conditions. (Ord. 52-09, 10-19-2009) 16-5-4-1: PRINCIPAL PERMITTED USES: The following uses are permitted in the R-2A district: Cemetery, mausoleum, or columbarium. Community gardens. Golf course. Parks, public or private, and similar natural recreation areas. Place of religious exercise or assembly. Public, private, or parochial school approved by state of Iowa (K - 12). Railroad or public or quasi -public utility, including substation. Single-family detached dwelling. Townhouse (maximum 2 dwelling units). Two-family dwelling (duplex). (Ord. 52-09, 10-19-2009; amd. Ord. 17-13, 3-18-2013; Ord. 19-20, 5-18-2020) 16-5-4-2: CONDITIONAL USES: The following conditional uses may be permitted in the R-2A district, subject to the provisions of section 16-8-5 of this title: Accessory dwelling unit. Bed and breakfast home. Hospice. Licensed adult day services. Licensed childcare center. Off premises residential garage. Off street parking. Tour home. Tourist home. Wind energy conversion system. (Ord. 52-09, 10-19-2009; Ord. 20-22, 5-20-2022) 16-5-4-3: ACCESSORY USES: The following uses are permitted as accessory uses as provided in section 16-3-7 of this title: Detached garage. Fence. Garage sale, provided that not more than three (3) such sales shall be allowed per premises per calendar year and not more than three (3) consecutive days per sale. Home based business. Keeping of hens for egg production. Noncommercial garden, greenhouse or nursery. Off street parking and storage of vehicles. Satellite receiving dish. Solar collector (freestanding arrays are limited to not more than 100 aggregate square feet and 10 feet in height). Sport, recreation, or outdoor cooking equipment. Storage building. Tennis court, swimming pool or similar permanent facility. Wind turbine (building mounted). (Ord. 52-09, 10-19-2009; amd. Ord. 47-14, 7-21-2014; Ord. 54-15, 8-17-2015) 16-5-4-4: TEMPORARY USES: Temporary uses shall be regulated in conformance with the provisions of section 16-3-19 of this title. (Ord. 52-09, 10-19-2009) 16-5-4-5: PARKING: Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title. (Ord. 52-09, 10-19-2009) 16-5-4-6: SIGNS: Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009) 16-5-4-7: BULK REGULATIONS: Maximum Setbacks R-2A Residential Minimum Minimum Lot Lot Maximum Front Lot Area Coverage Minimum Minimum Height Minimum 1,3 Maximum Frontage (Lot Area) Side Rear R-2A Residential Minimum Minimum Maximum Setbacks Maximum Lot Area Lot Lot Height Front Minimum Minimum Frontage Side Rear https:Hexport.amIegal.com/api/export-requests/Ob76c7a3-8d89-4253-be6f-464fd97e5797/download/ 1 /2 11/21/23, 12:06 PM https://export.amiegal.com/api/export-requests/Ob76c7a3-8d89-4253-be6f-464fd97e5797/download/ Coverage Minimum 1,3 Maximum (Lot Area) Permitted uses: Place of religious exercise 20,000 sq. ft. 100 ft. 40 % 10 ft. - 20 ft. 20 ft. 75 ft.2 or assembly, school Single-family detached 2,500 sq. ft. 25 ft. 50 % 10 ft. 50 ft. 3 ft. 10 ft. 30 ft. dwelling Townhouse 2 du maximum)2,500 sq. ft./du 25 ft./du 50 % 10 ft. 50 ft. 3/0 ft. 10/0 ft. 30 ft. Two-family dwelling 2,500 sq. ft. 25 ft. 50 % 10 ft. 50 ft. 3 ft. 10 ft. 30 ft. Conditional uses: Bed and breakfast home 2,500 sq. ft. 25 ft. 50 % 10 ft. 50 ft. 3 ft. 10 ft. 30 ft. Hospice 2,500 sq. ft. 25 ft. 50 % 10 ft. - 3 ft. 10 ft. 30 ft. Licensed adult day services, 2,500 sq. ft. 25 ft. 50 % 10 ft. 3 ft. 10 ft. 30 ft. licensed childcare center Off premises residential 10 ft. 3 ft. 6 ft. 15 ft. garage Notes: 1. Minimum 20 feet for garages facing a street. 2. May be erected to a height not exceeding 75 feet; provided, that such buildings shall provide at least 1 additional foot of yard space on all sides for each additional foot by which such building exceeds the maximum height limit of the district in which it is located. 3. See section 16-3-17 of this title for adjustment of minimum front yard setbacks. (Ord. 52-09, 10-19-2009) https:Hexport.amlegal.com/api/export-requests/Ob76c7a3-8d89-4253-be6f-464fd97e5797/download/ 2/2 11/21/23, 12:05 PM https:Hexport.amlegal.com/api/export-requests/79fa7e68-c182-4374-8128-c8e16025f22c/download/ 16-5-10: C-1 NEIGHBORHOOD COMMERCIAL: The C-1 district is intended to be established on a very limited basis, to provide individual parcels for commercial and residential uses in older buildings in the city's established neighborhoods, while maintaining neighborhood character and fostering opportunities for affordable housing. (Ord. 52-09, 10-19-2009) 16-5-10-1: PRINCIPAL PERMITTED USES: The following uses are permitted in the C-1 district: Bakery (retail only). Barber or beauty shop. Flower shop, garden store, or commercial greenhouse. General office. Grocery or drug store (maximum 3,500 square feet). Laundromat. Licensed childcare center. Multi -family dwelling (maximum 6 dwelling units). Place of religious exercise or assembly. Railroad or public or quasi -public utility, including substation. Registered child development home. Retail sales and service. School of private instruction. Shoe repair. Single-family detached dwelling. Townhouse (maximum 6 dwelling units). Two-family dwelling (duplex). (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019; Ord. 30-21, 9-20-2021) 16-5-10-2: CONDITIONAL USES: The following conditional uses may be permitted in the C-1 district, subject to the provisions of section 16-8-5 of this title: Accessory dwelling unit. Gas station (not including service station). Indoor restaurant. Licensed adult day services. Medical office. Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019; Ord. 20-22, 5-20-2022) 16-5-10-3: ACCESSORY USES: The following uses may be permitted as accessory uses as provided in section 16-3-7 of this title: Any use customarily incidental and subordinate to the principal use it serves. Wind turbine (building mounted). (Ord. 52-09, 10-19-2009) 16-5-10-4: TEMPORARY USES: Temporary uses shall be regulated in conformance with the provisions of section 16-3-19 of this title. (Ord. 52-09, 10-19-2009) 16-5-10-5: PARKING: Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title. (Ord. 52-09, 10-19-2009) 16-5-10-6: SIGNS: Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009) 16-5-10-7: BULK REGULATIONS: C-1 Minimum Maximum Setbacks Neighborhood Minimum Lot Lot Maximum Front Minimum Minimum Commercial Lot Area Frontage Coverage Side 2 Rear 3 Height (Lot Area) Minimum Maximum All uses - 10 ft.1 30 ft. Notes: 1. Minimum 20 feet for garages facing a street. 2. When abutting a residential or office residential district, a 6 foot side setback is required. 3. When abutting a residential or office residential district, a 20 foot rear setback is required. (Ord. 52-09, 10-19-2009) 16-5-10-8: STANDARDS FOR NONRESIDENTIAL USES: The following standards shall apply to all nonresidential permitted and conditional uses in the C-1 district: A. The use shall be established in an existing structure that was designed for public, quasi -public, commercial, office, institutional, or industrial use. B. The structure was never converted to a residential use after the effective date hereof. C. The use shall be conducted entirely within the structure. https:Hexport.amlegal.com/api/export-requests/79fa7e68-c182-4374-8128-c8e16025f22c/download/ 1/2 11/21/23, 12:05 PM https://export.amlegal.com/api/export-requests/79fa7e68-c182-4374-8128-c8e16025f22c/download/ D. There shall be no outdoor storage of equipment or materials on the property or adjacent public right of way. E. All vehicles in excess of two (2), used in conjunction with the use shall be stored within a building when they remain on the property overnight or during periods of nonuse, unless an alternate parking location is provided in a properly zoned area. (Ord. 52-09, 10-19-2009) https://export.amlegal.com/api/export-requests/79fa7e68-c182-4374-8128-c8e16025f22c/download/ 2/2 11/21/23, 12:04 PM https://export. am legal. com/api/export-requests/01ae300a-be53-4839-b27d-ce1del63f483/download/ 16-5-11: C-2 NEIGHBORHOOD SHOPPING CENTER: The C-2 district is intended 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. (Ord. 52-09, 10-19-2009) 16-5-11-1: PRINCIPAL PERMITTED USES: The following uses are permitted in the C-2 district: Appliance sales or service. Artist studio. Automated gas station. Bank, savings and loan, or credit union. Barber or beauty shop. Commercial greenhouse. Furniture or home furnishing sales. Furniture upholstery or repair. Gas station. General office. Golf course. Indoor restaurant. Laundry, dry cleaner, or laundromat. Licensed childcare center. Medical office. Neighborhood shopping center. Parks, public or private, and similar natural recreation areas. Photographic studio. Place of religious exercise or assembly. Railroad or public or quasi -public utility, including substation. Registered child development home. Residential use above the first floor only. Retail sales and service. School of private instruction. (Ord. 52-09, 10-19-2009; amd. Ord. 54-10, 9-20-2010; Ord. 17-13, 3-18-2013; Ord. 54-19, 12-16-2019; Ord. 30-21, 9-20-2021; Ord. 3-22, 1-18-2022) 16-5-11-2: CONDITIONAL USES: The following conditional uses may be permitted in the C-2 district, subject to the provisions of section 16-8-5 of this title: Animal hospital or clinic. Car wash, self-service. Licensed adult day services. Passenger transfer facility. Pet daycare or grooming. Restaurant, drive-in or carryout. Tattoo parlor. Wind energy conversion systems. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019) 16-5-11-3: ACCESSORY USES: The following uses are permitted as accessory uses as provided in section 16-3-7 of this title: Any use customarily incidental and subordinate to the principal use it serves. Wind turbine (building mounted). (Ord. 52-09, 10-19-2009) 16-5-11-4: TEMPORARY USES: Temporary uses shall be regulated in conformance with the provisions of section 16-3-19 of this title. (Ord. 52-09, 10-19-2009) 16-5-11-5: PARKING: Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title. (Ord. 52-09, 10-19-2009) 16-5-11-6: SIGNS: Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009) 16-5-11-7: BULK REGULATIONS: Minimum Maximum Setbacks C-2 Neighborhood Minimum Lot Lot Maximum Front Minimum Minimum Shopping Center Lot Area Frontage Coverage 2 3 Height (Lot Area) Minimum Maximum Side Rear All uses 10 ft.' 30 ft. https:Hexport.amlegal.com/api/export-requests/01 ae300a-be53-4839-b27d-ce1 del 63f483/down load/ 1 /2 11/21/23, 12:04 PM https://export.amlegal.com/api/export-requests/01ae300a-be53-4839-b27d-ce1del63f483/download/ Notes: 1. Minimum 20 feet for garages facing a street. 2. When abutting a residential or office residential district, a 20 foot side setback is required. 3. When abutting a residential or office residential district, a 20 foot rear setback is required. (Ord. 52-09, 10-19-2009) https://export.amlegal.com/api/export-requests/01 ae300a-be53-4839-b27d-ce1 del 63f483/down load/ 2/2 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. 13th St Telephone: 563-589-4121 ORDINANCE NO. 53-23 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 110 E. 30TH STREET, 114 E. 30Ta STREET, AND 2987 JACKSON STREET FROM R-2A ALTERNATE TWO- FAMILY RESIDENTIAL DISTRICT AND C-1 NEIGHBORHOOD COMMERCIAL DISTRICT TO C-2 NEIGHBORHOOD SHOPPING CENTER 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 R-2A Alternate Two -Family Residential District and C-1 Neighborhood Commercial District to C-2 Neighborhood Shopping Center District, to wit: Lot 1 of Lot 2 of the Subdivision of the East 170 feet of Loft 337 in Davis Farm, Lot 2 of Lot 2 of the Subdivision of the East 170 feet of Lot 337 in Davis Farm, and Lot 1 of the Subdivision of the East 170 feet of Lot 337 in Davis Farm, and 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 4t' day of December, 2023. KA a -)]a Katy A. eth I, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk Renee Blosch From: TIM Burke <burkee57nov@gmail.com> Sent: Wednesday, November 22, 2023 9:00 AM To: Planning Subject: Zoning changes for Chris Staver Kopper Kettle Caution! This message was sent from outside your organization. Allow sender I Block sender I am not opposed to the needs of Chris Staver and the Kopper kettle.. If this improves the parking for his customers and his business GREAT !!! There is only one concern with said business and that is they should be mandated to have trash cans like downtown.. I have seen way to much trash being brought into or left behind by their customers so by having trash cans similar to downtown would be a positive and help keep Our neighborhood clean and appealing.. Just like Our Cities Downtown district.. Thank You for the notice and Best of luck to a new and improved Kopper Kettle Timothy J Burke Home Owner 2950 Jackson St Shena Moon From: Sent: To: Subject: Ron Balmer <exvorte@gmail.com> Thursday, November 23, 2023 11:24 PM Planning Staver app Caution! This message was sent from outside your organization. Allow sender I Block sender Our neighborhood is strapped for parking. On -street parking is the only option I have available. Copper Kettle employees force cars into the area in front of my house, which only has frontage for 2.5 cars. If the rezoning is required to build a parking lot on residential property, then I'm on board. But you can't fill the site with building and have a sustainable situation. Ron Balmer 2960 White St, Dubuque, IA 52001 STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: 11/30/2023 and for which the charge is 32.57 Subscribed to before me, a No L ry Public in and for Dubuque County, Iowa, this 30th day of November, 2023 4 Notary (1'uljlic in and for Dubuque 'County, Iowa. ��v. JANET K. PAPE 0 . '9 Commission Number 199659 2 r My Commission Expires /o w , 12/11/2025 Ad text : CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct a public hearing on the 4th day of December, 2023, at 6:30 p.m., in the Historic Federal Building, 350 W. 6th Street, 2nd floor, Dubuque, Iowa, on the following: REZONING 1. Request from Chris Stayer to rezone property located at 110 E. 30th Street, 114 E. 30th Street, and 2987 Jackson Street from C-1 Neighborhood Commercial and R-2A Alternate Two -Family Residential to C-2 Neighborhood Shopping Center. 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, ctyclerk@cityofdubuque.org. Written comments regarding the above public hearings may be submitted to the City Clerk's 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, 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, CMC City Clerk It 11/30 STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: 12/08/2023 and for which the charge is 26.08 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this llth day of December, 2023 /7 Notary Pu c in and for Dubuque C .inty, Iowa. JANET K. PAPE Commission Number 199659 My Commission Expires 12/11/2025 Ad text : CITY OF DUBUQUE OFFICIAL PUBLICATION ORDINANCE NO. 53-23 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 110 E. 30TH STREET, 114 E. 30TH STREET, AND 2987 JACKSON STREET FROM R-2A ALTERNATE TWO-FAMILY RESIDENTIAL DISTRICT AND C-1 NEIGHBORHOOD COMMERCIAL DISTRICT TO C-2 NEIGHBORHOOD SHOPPING CENTER 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 hereinafterdescribed property from R-2A Alternate Two -Family Residential District and C-1 Neighborhood Commercial District to C-2 Neighborhood Shopping Center District, to wit: Lot 1 of Lot 2 of the Subdivision of the East 170 feet of Lott 337 in Davis Farm, Lot 2 of Lot 2 of the Subdivision of the East 170 feet of Lot 337 in Davis Farm, and Lot 1 of the Subdivision of the East 170 feet of Lot 337 in Davis Farm, and 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 4th day of December, 2023. /s/Katy A. Wethal, Mayor Pro Tem Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 8th day of December, 2023. /s/Adrienne N. Breitfelder, CMC, City Clerk It 12/8