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Unified Development Code Amendment Regarding Mini-Warehouse_HearingCity of Dubuque City Council Meeting Public Hearings # 01. Copyrighted January 16, 2024 ITEM TITLE: Unified Development Code Amendment Regarding Mini -Warehouse SUMMARY: Proof of publication on notice of public hearing to consider a request from Tom Rauen to amend the Unified Development Code to add Mini - warehouse below the first floor only as a Permitted Use in the C-4 Downtown Commercial and C-5 Business District zoning districts, and Zoning Advisory Commission recommending approval. SUGGESTED DISPOSITION: ATTACHMENTS: Description ZAC Memo to CC Application ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, By Amending Articles 16-5-14 C-4 Downtown Commercial and 16-5-15 C-5 Central Business, by adding Mini -Warehouse below the first floor only to the list of permitted uses Suggested Disposition: Receive and File; Motion B; Motion A Applicant's ZAC Presentation ZAC Staff Report Ordinance Type Supporting Documentation Supporting Documentation Supporting Documentation Staff Memo Ordinance 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 COF DtUB E Masterpiece an the Mississippi The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 Applicant: Tom Rauen Dubuque 2007.2012.2013 2017*2019 January 8, 2024 Description: To amend the Unified Development Code to add Mini -warehouse below the first floor only as a Permitted Use in the C-4 Downtown Commercial and C- 5 Business District zoning districts. 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 Tom Rauen, 9190 Royal Wood Drive, Peosta, spoke for his application. He explained that he owns property at 962/980 Main Street that includes a walkout basement along 1011 Street and the alley. He's hoping to start a pack/ship/storage business to meet the needs of a growing number of downtown residents. He noted the space has approximately 7,000 square feet, and it hasn't been used in 30 years. He explained that this is climate - controlled storage, not outdoor storage, and he showed examples from other similar businesses. He stated that he believes this project would help meet a "Community Need" for this type of service. He noted that the pack and ship business use is already permitted in other zoning districts. Staff discussed the application and noted that the majority of the proposed use is "mini - warehousing" per the code. Staff explained that in an effort to use this space, the applicant is seeking a text amendment for the C-4 and C-5 zoning districts and the proposal is to allow mini -warehousing below the first floor only. Staff expressed that this amendment is seeking to address changing needs downtown, while not detracting from prime storefront and upper level spaces that might be better suited for retail, commercial, and residential uses. The Commission endorsed this proposal and discussed how at some point in the future perhaps the requirement that it be below the first floor only may no longer be needed and the use may be suitable for other locations. Staff noted that there have been other inquiries to turn vacant office space into storage space but that the City wants to maintain Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 vibrant storefronts and buildings throughout the downtown area and expanding the mini - storage use to other portions of the building may not be in keeping with this goal. There was no public comment. The Zoning Advisory Commission discussed the request finding it appropriate. Recommendation By a vote of 5-0, 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, Chairper`so Zoning Advisory Com ' ' sion Attachments Service People Integrity Responsibility Innovation Teamwork Dubuque THE CITY OF Dub E Masteyiece on the Mississippi zoonzoiz•zni3 2017*2019 PLANNING APPLICATION FORM ❑Variance ❑Preliminary Plat ❑Simple Subdivision ❑Conditional Use Permit ❑Major Final Plat ❑Text Amendment ❑Appeal ❑Minor Final Plat ❑Temporary Use Permit ❑Special Exception ❑Simple Site Plan ❑Annexation ❑Limited Setback Waiver ❑Minor Site Plan ❑Historic Revolving Loan ORezoning/PUD/ID ❑Major Site Plan ❑Historic Housing Grant Please type or print legibly in ink Property owner(s): Rauen Properties - Tom Rauen City of Dubuque Planning Services Department Dubuque, IA 52001-4845 Phone:563-589-4210 Fax: 563-589-4221 plan ninc0citvofdu1buaue org ❑Certificate of Appropriateness ❑Advisory Design Review (Public Projects) ❑Certificate of Economic Non -Viability ❑Historic Designation ❑Demolition ❑Port of Dubuque /Chaplain Schmitt Island Design Review 563-590-9856 Address: 9190 Royal Wood Dr. clty: Peosta State: IA zip:52068 Fax Cell #: 5635909856 E-mail: tome 1800tshirts.com Applicant/Agent: Tom Rauen 5635909856 Address:7010 Chavenelle Rd. city: Dubuque State: IA Zip:52002 Fax Cell #:5635909856 E-mail: tom@1800tshirts.eom Site location/address: 962-980 Main St. Neighborhood Association: Downtown Existing zoning: C-5 Proposed zoning: C-3 District: General Commercial Landmark: ❑ Yes V No Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): 1024464001 / 1024464002 Total property (lot) area (square feet or acres): 1 1,526 Describe proposal and reason necessary (attach a letter of explanation, if needed): See attached CERTIFICATION: I/we, the undersigned, do hereby certify/acknowledge that: 1.It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants. 2.The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record; 3. Fees are not refundable and payment does not guarantee approval; and 4. All additional required /writtto) and graphic materials are attached. Property Owner(s): Date: Applicant/Agent: Date: FOR OFFICE USE ONLY — APPLICATION SUBMITTAL CHECKLIST Fee: Received by: Date: 10/26/23 10/26/23 Docket: Ship Dubuque Pack - Ship - Store There is a need for additional storage, mailbox, and pack & ship services in the downtown Dubuque area. With a change in the buying and living patterns of citizens after the pandemic, there is a need for the following services downtown. With the increase in housing including apartments and economy housing, there is a need for additional storage. The other need is for people working remotely or traveling and needing additional storage, mailing services, and business solutions to accommodate the rise in e-commerce. Amazon has been a big driver in the way we do business online, and the business plan serves as a hub for both the business person shipping items as well as the consumer receiving the shipments. Services offered: Mailbox Rental Worldwide Shipping - Including UPS, FedEx, and USPS Amazon Pickup/Delivery Business Solutions - Including Notary services, Printing, Shredding Storage Locker Rental The proposed location located in the basement of 962/980 Main Street has been used primarily for personal storage for a number of years. The entrance to this location opens up to the alleyway and parking lot at 10th and Iowa Street. This project is a great way to take an area of a building that isn't being used and provide services for business owners and residents in the great downtown area. f— ,, _ -.-°� -� Q �.� �' e �� �i SHIP DUBUQUE PACKeSHlPoSTORE L'�::3 .: 0 WAY 7'`B "D❑ ❑❑ ❑©i r; Li -T- 0® storquUNIU.... LLJ LLI ! Mir L l i �1 TOR WLL - . 1 &2 �,—OU4, tv"cp I -A riia g C!a p Blo n e Community Need • Increased development of apartment units • Economy houses such as Switch Homes without basements • Smaller units needing more space to store • Virtual Workforce downsizing • E-Commerce Inventory storage • Amazon / Ecom Shipping and Fulfillment • Virtual Business Center - Mailboxes, shipping, packing • College students between school years • Traveling nurses 16 .I 1 1 4J 0 amai09 `II f� vi4 ai it it n 8zon �... pickup 1 here PACKAGING SUPPLIES o4A %Ift Kick back and roa RRIVAIE smeflwoss SfCRRE �wea I GS �F THE C DUUB_-'*_TE Masterpiece on the Mississippi TO: Zoning Advisory Commission FROM: Travis Schrobilgen, Assistant Planner Dubuque AII•America City \;❑�Ufwl_OVM�i iiF 2ao7•2012;2013 2017*2019 January 4, 2024 SUBJECT: To amend the Unified Development Code to add Mini -warehouse below the first floor only as a Permitted Use in the C-4 Downtown Commercial and C-5 Business District zoning districts. INTRODUCTION This memo transmits an application and an ordinance for a proposed Text Amendment to the Unified Development Code (UDC) zoning regulations to add Mini -warehouse below the first floor only as a Permitted Use in the C-4 Downtown Commercial and C-5 Business District zoning districts. The UDC notes: "Text amendments are intended for wholesale changes to the zoning regulations, as a means for the City to respond to changing conditions and emerging trends in the community. Text amendments are not property specific." BACKGROUND The applicant, Tom Rauen, is looking to add commercial storage spaces, mailbox rental, mailing services, and business solutions to the lower level of a property at 962- 980 Main Street. Mailbox rental, mailing services, and business solutions are permitted as either retail sales and service or offices uses. However, the commercial storage use is not currently permitted at the property by the UDC. Consequently, the applicant is seeking to amend the UDC to allow for the mini -warehouse use below the first floor in all C-4 and C-5 zoned properties. DISCUSSION The applicant is looking to add commercial storage spaces, mailbox rental, mailing services, and business solutions to the lower level of a property that is located in the C-5 zoning district on Main Street. Mailbox rental, mailing services, and business solutions are permitted as either retail sales and service or as office uses. However, the commercial storage use is not currently permitted in the C-4 and C-5 zoning districts of the UDC. Mini -warehouse and mini storage uses have historically been prohibited in downtown Dubuque because they would compete with essential and valuable street level commercial retail or office spaces and/or with upper -level residential spaces. That Mini -warehouse below the first floor only - Text Amendment Memo Page 2 concern is still valid. With that being said, the demand for commercial space has not been the same since Covid-19 shifted working behaviors toward remote and work -from - home options. As a result, the applicant, and other commercial property owners, have been exploring additional opportunities for their properties and the applicant has submitted a request to allow mini -warehouse uses below the first floor within C-4 and C-5 zoning districts. The proposed text amendment will add Mini -warehouse below the first floor only as a Permitted Use in the C-4 Downtown Commercial and C-5 Business District zoning districts. C-4 Downtown Commercial: 16-5-14-1 Principal Permitted Uses Mini -warehouse below the first floor only C-5 Business District: 16-5-15-1 Principal Permitted Uses Mini -warehouse below the first floor only This text amendment is in direct response to changing conditions and emerging trends in the community and from staff's perspective is a creative and self-limiting solution to providing flexibility and opportunities for a necessary service within underutilized spaces. RECOMMENDATION Planning staff recommends that the Zoning Advisory Commission review the information in this packet, and then make a recommendation to the City Council on the proposed text amendment. Enclosures Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W. 13th St Telephone: 563-589-4210 Return to: Adrienne Breiifelder, City Clerk Address: City Hall, 50 W. 1 V St Telephone: 563-589-4121 ORDINANCE NO. 1 -24 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY AMENDING ARTICLES 16-5-14 C-4 DOWNTOWN COMMERCIAL AND 16-5-15 C-5 CENTRAL BUSINESS, BY ADDING MINI -WAREHOUSE BELOW THE FIRST FLOOR ONLY TO THE LIST OF PERMITTED USES 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 Chapters 16-5-14 (C-4) and 16-5-15 (C-5) are hereby amended as follows: 16-5-14-1 Principal Permitted Uses Mini -warehouse below the first floor only 16-5-15-1 Principal Permitted Uses Mini -warehouse below the first floor only Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 16t' day of January 2024. . Cavan h, ayor Ordinance 1 -24 Page 2 Attest: Adrienne Breitfeider, City Clerk Text Amendment: To amend the Unified Development Code to allow Mini -warehouse use below the first floor only as a Permitted Use in the C-4 Downtown Commercial and C-5 Central Business zoning districts. City Council Meeting January 16, 2024 Current UDC Standards ➢ Currently the UDC allows Mini -Warehouse as a permitted use in- ■ C-3 General Commercial ■ CS - Commercial Service & Wholesale ■ LI — Light Industrial ■ HI — Heavy Industrial ■ MHI — Modified Heavy Industrial ➢ The Mini -Warehouse use has historically been prohibited in the downtown area: ■ Generally, competes with essential and valuable commercial retail, office, and residential uses. Request ➢ Request has been submitted by Mr. Tom Rauen who owns property at 962-980 Main Street: ■ Increases in remote and work -from home options has increased need for mailing and storage services in downtown NUMN's ■ Would allow property owners to address the growing needs while preserving street -level and upper -level spaces for retail, commercial, and residential uses. By a vote of 5 to 0, the Zoning Advisory Commission recommends approval of the text amendment. A simple majority vote is necessary to approve the text amendment. QUESTIONS? 111(4, A .)'tj P l DV-D " I -;4 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: 01/05/2024 and for which the charge is 32.57 '(-A / 1 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 5th day of January, 2024 +� pnot, Notarylic in and for Dubuque County, Iowa. EOW iL Com9659 Myes 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 16th day of January, 2024, at 6:30 p.m., in the Historic Federal Building, 350 W. 6th Street, 2nd floor, Dubuque, Iowa, on the following: TEXT AMENDMENT 1. Request from Tom Rauen to amend the Unified Development Code to add Mini -warehouse below the first floor only as a Permitted Use in the C-4 Downtown Commercial and C-5 Business District zoning districts. 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 1/5 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: 01/19/2024 and for which the charge is 27.60 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 19th day of January, 2024 Notary1ic in and for Dubuque County, Iowa. Peak JANET K. PAPE of 7 Commission Number 199859 Z uld6e. r • My Commission Expires iowN 12/11/2025 Ad text : CITY OF DUBUQUE OFFICIAL PUBLICATION ORDINANCE NO. 1 -24 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY AMENDING ARTICLES 16-5-14 C-4 DOWNTOWN COMMERCIAL AND 16-5-15 C-5 CENTRAL BUSINESS, BY ADDING MINI -WAREHOUSE BELOW THE FIRST FLOOR ONLY TO THE LIST OF PERMITTED USES 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 Chapters 16-5-14 (C-4) and 16-5-15 (C-5) are hereby amended as follows: 16-5-14-1 Principal Permitted Uses Mini -warehouse below the first floor only 16-5-15-1 Principal Permitted Uses Mini -warehouse below the first floor only Section 2. "The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. "This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 16th day of January 2024. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 19th day of January, 2024. /s/Adrienne N. Breitfelder, CMC, City Clerk 1t 1/19