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Request to Rezone 2529 Marywood Drive_Hearing Copyrighted April 15, 2024 City of Dubuque Public Hearings # 01. City Council Meeting ITEM TITLE: Requestto Rezone 2529 Marywood Drive SUM MARY: Proof of publication on notice of public hearing to consider a request from the Pregnancy Center to rezone 2529 Marywood Drive from R-1 Single-Family Residential to R-2 Two-Family Residential, and Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City Of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property from R-1 Single-Family Residential to R-2 Two- Family Residential SUGGESTED Suggested Disposition: Receive and File; Motion B; MotionA DISPOSITION: ATTACHMENTS: Description Type ZAC Memo to CC Supporting Documentation Planning Application Staff Memo Vicinity Map Supporting Documentation Staff Report Staff Memo Zoning Districts Supporting Documentation Ordinance Ordinance Planning Services Department dubu�ue City Hall THE CITY OF +� 50 West 13th Street u�;�!!�ti� Dubuque,IA 52001-4864 �T T� � 1`� r, Ij'I (563)589-4210 phone U � � , (563)589-4221 fax za��.zo�z•zoi3 (563)690-6678 TDD Masterpiece on the Mississippi 2017*2�19 plannin�@cityof dubuque�or� April 5, 2024 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13t" Street Dubuque IA 52001 Applicant: The Pregnancy Center Location: 2529 Marywood Drive Description: To rezone property from R-1 Single-Family Residential to R-2 Two-Family Residential Dear Mayor and City Council Members: The City of Dubuque Zoning Advisory Commission has reviewed the above-cited request at their meeting on April 3, 2024. The application, staff report, and related materials are attached for your review. Discussion Dakota Schilling, 12346 Swiss Valley Road, spoke on behalf of the request, stating that they're looking to rezone the property in order to create two residential rental units on the property. The Commission asked if Schilling owned the subject property, and he stated not yet and that that the sale was contingent on approval of the rezoning request. There was no public input. Staff detailed the staff report noting that the property was annexed around 1960 to 1963, that the dwelling was built in 1963 and the church in 1973, and that the property was zoned as R-2 in 1975 and was downzoned to R-1 by 1985. Staff noted that the existing site contains two structures which share utilities, which make it difficult to reuse the existing structures as anything other than another church or one single-family residence. Staff explained how rezoning to R-2 would allow both buildings to be utilized as residences on a single lot, and that without the rezoning the owner would have to subdivide and separate utilities which is cost prohibitive. Staff noted that without rezoning it could continue to be used as a church and rectory, that the property would have a parking credit given its former use as a church, and that one letter of opposition was submitted. Staff noted that it appeared the author of the submitted letter may have misunderstood the request as it mentions they are opposed to the use of a property as a medical clinic. Staff clarified that the proposal is not to establish a clinic, and that a clinic is not a permitted use in the R-2 Zoning district. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 The Commission sought to clarify whether a clinic would be allowed in an R-2 zone. Staff stated that a clinic would not be a permitted use in the R-2 zoning district. The Commission clarified that according to the application, The Clarity Clinic is the current owner and is seeking to sell the property. Staff concurred, stating that the concerns outlined in the letter of opposition likely stemmed from the property being owned by The Clarity Clinic. The Zoning Advisory Commission discussed the request, finding it appropriate. Recommendation By a vote of 4 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, �� � 1 � d j`� ��. '� Matt Mulligan, Chairperso Zoning Advisory Com ' sion Attachments Service People Integrity Responsibility Innovation Teamwork THE CITY C7F City oF Dubuque Planning Services DepartmenY �T �� � Dubuque, IA 5Z001-4845 U Phone: 563-589-4210 Fax: 563-589-4221 11/If�5te1�71E'C�U17 f�I�Mi4SISSIF7�71 planninqCc�citvofdubupue.orq a � • Zonin�_Advisory Zonina Baard of De�ela ment Services His�aric Preservation Commissian Cornmission Adiustment ❑ Annexation ❑ Demolition Review ❑ Amended PUD ❑ CondiEsonal Use Permit ❑ Limited Setback Waiver ❑ Historic Revolving Loan X❑ Rezoning/PUD�1D ❑ Special �xception ❑ Site Plan Simple ❑ Certificate of Eeonomic Non-Viadility ❑T�xt Amendment ❑ Variance ❑ Site Plan Minor ❑ Design Review Certificate of ❑ 5imple Suhdivision ❑ Appeal ❑ 5ite Plan Major Appropriateness ❑ Preliminary Plat ❑ Simple Subdivision ❑Advisory Design Review(Public ❑ Major Final Plat ❑Te[nporary lJse Permit Projects) ❑ Minor Final Plat ❑ Rort of��buque/ ❑ Historic Designation ❑ Waiver from Site Chaplain Schmitt Island Design Standards Design Review . , - � . . . -. A. Property Irtformation Site Location/Address:2529 Marywood Dri�e Legal Descriptian/Parcel ID#/Subdi�ision: ���53�J4�36 ExisCing Zoning: R-� Proposed Zoning; R-2 Site Area (sguare Feet/a�res): O.2 aC�"@S Historic District: n�a _andmark: ❑ Yes � f�o B. Describe proposaf artd reason far application (attach a letter af explanation, if nacessary): To rezone�roperty from R-1 Sinqle Family to R-2 Two Family Residential. C. Applicant/Agent Informatio `!f4�� � Name; Y!d� ^ c�✓ Phone: � � ����'��� Address: �� cl��v City; �� Stat��Zip:��'z;� / Email, � � u+✓'� � . c� D, Property Owner(s) Informatinn ��'Z �� � �e'`� v `/J� ' �� N m . The Pregnancy Cen�er dba The C[arity inic . �3} 556-5250 a e(s), Phone. Add�ess: 3365 Hillcrest Road �;�,: Dubuque state; �A z�P: �2002 Ema;i; medical@clarityclinic.com �. Certification: 1�we, the undersigned,do hereby certify�acknawledge that; 1. Payment does not guarantee appro�al and fees are nonrefundable; 2.All additiortal required written and graphic materials are attachecf; 3.It is the properry owner's responsibility ta locate property lines and to review the abstract far easemenYs and restrictive ca�enants; and 4.The information submitt herei is true and� rrect to the best of my/our knowledge and upon s mit�al ecomes public record. f� � � � Applicant/Agent: -�_ C�ate: -� l� , � � � .��� ���/ Property Owner(s); `. f.,. ;�. �; 4....... ._-�`- Date- i . ,� l � � • • Fee $ ��L� Ck# ��L ❑CC ❑Cash Received by '"� Date� 2y ,�� I � � ,� f�A — j— f�E3 � � � �p f� f� � � � � � � � f�fD Vicinity Map � � � � � � � � I � c� � � N� R�P� 2T 9L ° � � � � � P��� �� q� F` �RyRO � � ENNSYLVANIA AVE DODGE ST CT.I°J.J CS..I°A:/ � �� � SwARTFRiq< �h : � � � � �I � � � � � � � � �o � � R-1 � � � .• ��.� Applicant: The Pregnancy Center Dba The Clarity —� � Clinic f�3 ' � � Location: 2529 Marywood Drive f�3 �S f�0 � f� � f� , f�F3 � Description: To rezone property from R-1 Single- ` Family Residential to R-2 Two-Family Residential. I � �p � � � � � � � �.3 . . . . � � m� �p ;� . � � Subject Property � City Limits B � � � � I g o 0 50 100 200 N f � � � � Feet Dubuq�ountv�G� � � � � � � 1:1,500 REZONING STAFF REPORT Zoning Agenda: April 3, 2024 Property Address: 2529 Marywood Drive Property Owner: The Pregnancy Center Dba The Clarity Clinic Applicant: The Pregnancy Center Dba The Clarity Clinic Description: To rezone property from R-1 Single-Family Residential to R-2 Two Family Residential. Proposed Land Use: Residential Proposed Zoning: R-2 Existing Land Use: Residential/Place of Religious Exercise Existing Zoning: R-1 Adjacent Land Use: Adjacent Zoning: North — Residential North — R-1 East— Residential East— R-1 South — Residential South — R-1 West— Residential West— R-1 Former Zoning: Prior to 1975 — SF 1975 — R-2 Two-Family Residential 1985 — R-1 Single-Family Residential Total Area: .2 acres / 9,430 sq. ft. Property History: The subject property is comprised of one lot and is improved with a split foyer single-family residential dwelling built in 1963 and a walkout church building built in 1973. The dwelling was utilized as the rectory, and the church building was used for religious assembly and gatherings. The property is considered legally non-conforming' with respect to off-street parking. The property was originally annexed between 1960 and 1963. It was zoned as SF (`single-family' prior to 1975), was later zoned R-2 in the 1975 zoning map and has been zoned as R-1 since 1985. Physical Characteristics: The subject property is approximately .2 acres (9,430 sq. ft) in area. The property is a corner lot and has frontage along both Crissy Drive and Marywood Drive. The site provides three off-street parking spaces. The site slopes downhill from the highpoint along the north side of the property toward the Marywood right-of-way to the south. There is a drainage catchment system on the north side of the property. The surrounding development consists of low-density residential uses on all sides. � NONCONFORMING CHARACTERISTICS OF USE: Whenever,due to the adoption or amendment of this title,off street parking, paving of parking area,landscaping,screening,and similar site improvements do not conform to the requirements of this title,the deficiencies shall be considered lawful nonconforming characteristics of such use. Rezoning Staff Report: 2529 Marywood Drive Page 2 � � �__ -- — j �� I GLENVIEW GIR0.E � ' 2565 I ^. — FOSE�VO��6R j 25GG ———•—-- � : I - - I 2560 � 25G2 � 2562 255s 1 2555 I � I I 255(] � I �� I 2533 � I zsan I R 1 � � �-- 2519 2523 I 2529 N _ --------_- -- 2527 I � V L --- - - - - � - - - - V �-- -- -_ maRnvaoo oR - -`- ` ---- --- -- ----i �—� — — — — -- — -� ----- 2532 2525 I 2530 2518 252[} 252a � I f ' i i 25i5 i + 2512 I I I I I j Aerial Site Image Concurrence with Comprehensive Plan: The Comprehensive Plan encourages a mix of housing affordable for all segments of Dubuque's population throughout the community. The City's Future Land Use Map identifies the subject property as Single-Family Residential. Impact of Request on: Utilities: Existing utilities are adequate to serve the subject property. Traffic Patterns/Counts: The area has not had a recent traffic count. In 1975 the lowa Department of Transportation (IDOT) categorized Marywood Drive as `local' with 240 vehicle trips and Crissy Drive as `local' with 720 vehicle trips per day. The proposed rezoning could, at maximum development, provide four total units. Given a dwelling is less impactful to the neighborhood than a church, rezoning from R-1 to R-2 should have little impact on traffic patterns or counts in the neighborhood. Rezoning Staff Report: 2529 Marywood Drive Page 3 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 one lot which is improved with a dwelling and a church. The property would be limited to 40% lot coverage with structures and any redevelopment of the site would be subject to review by the city's Development Review Team (DRT) which ensures the work is compliant with city codes and that any potential effects on the environment would be mitigated. 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. The proposed rezoning would allow a dwelling unit within the existing dwelling and within a former church building. Given a dwelling is less impactful to the neighborhood than a church, rezoning should have little negative impact on adjacent properties. CIP Investments: None proposed. Staff Analysis: The applicant proposes to rezone the subject property located at 2525 Marywood Drive from R-1 Single-Family Residential to R-2 Two-Family Residential in order to create a dwelling unit within the existing church building. The subject property is comprised of one 9,430 sq. ft. corner lot and is improved with a split foyer dwelling to the south and an attached walkout church-building to the north. The dwelling was constructed in 1963 and the church building was constructed in 1973. The dwelling was utilized as the rectory and the church building was used for religious assembly and gatherings. The property was originally annexed between 1960 and 1963. It was zoned as SF (`single- family' prior to 1975), was later zoned as R-2 in the 1975 zoning map and has been zoned as R-1 since 1985. The site is considered legally non-conforming with respect to off-street parking but does provide two off-street spaces. The site slopes downhill from the highpoint to the north to the Marywood right-of-way to the south. There is a drainage catchment system on the north side of the property. The surrounding development consists of low- density residential uses on all sides. The R-2 zoning district permits the same uses as the R-1 zoning district and adds two-unit townhomes and duplexes to the list of permitted uses. The chart below provides a side-by- side summary of the Principal Permitted Uses in both zoning districts. The uses highlighted in yellow are permitted in each zoning district. A copy of the full summary of each zoning district is attached to this report. Chart provided on the following page. Rezoning Staff Report: 2529 Marywood Drive Page 4 . . - . R-1 Zonin District R-2 Zonin District Cemetery, mausoleum, or columbarium. Cemetery, mausoleum, or columbarium. Communit ardens. Communit ardens. Golf course. Golf course. Parks, public or private, and similar natural Parks, public or private, and similar natural recreation areas. recreation areas. Place of religious exercise or assembly. Place of religious exercise or assembly. Public, private or parochial school approved Public, private, or parochial school, approved by the state of b the state of lowa K- 12 . lowa K- 12 . Railroad or public or quasi-public utility, Railroad or public or quasi-public utility, including substation. includin substation. Sin le-famil detached dwellin . Sin le-famil detached dwellin . Townhouse(maximum 2 dwelling units). Two-famil dwellin duplex . The area has not had a recent traffic count. In 1975 the lowa Department of Transportation (IDOT) categorized Marywood Drive as `local' with 240 vehicle trips and Crissy Drive as `local' with 720 vehicle trips per day. The proposed rezoning could, at maximum development, provide four total units. Given a dwelling is less impactful to the neighborhood than a church, rezoning from R-1 to R-2 should have little impact on traffic patterns or counts in the neighborhood. The subject property consists of one lot which is improved with a dwelling and a church. The property would be limited to 40% lot coverage with structures and any redevelopment of the site would be subject to review by the city's Development Review Team (DRT)which ensures the work is compliant with city codes and that any potential effects on the environment would be mitigated. Therefore, the proposed rezoning is not anticipated to have an any adverse impacts on the environment. The Comprehensive Plan encourages a mix of housing affordable for all segments of Dubuque's population throughout the community. The City's Future Land Use Map identifies the subject property as Single-Family Residential. The subject property is surrounded by residential development. The proposed rezoning would allow a dwelling unit within the existing dwelling and within a former church building. Given a dwelling is less impactful to the neighborhood than a church, rezoning should have little negative impact on adjacent properties. 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. � � I/�� Prepared by: ��� ����� —fZeviewed by: {'�'�-- Date: 3/27/2024 16-5-2: R-1 SINGLE-FAMILY RESIDENTIAL: The R-1 district is the most restrictive residential district and is intended to protect low density residential areas from the encroachment of incompatible uses.The principal use of land in this district is for low density single-family dwellings and related recreational, religious and educational facilities. (Ord. 52-09, 10-19-2009) 16-5-2-1: PRINCIPAL PERMITTED USES: The following uses are permitted in the R-1 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 the state of lowa (K- 12). Railroad or public or quasi-public utility, including substation. Single-family detached dwelling. (Ord. 52-09, 10-19-2009; amd. Ord. 17-13, 3-18-2013; Ord. 19-20, 5-18-2020) 16-5-2-2: CONDITIONAL USES: The following conditional uses may be permitted in the R-1 district, subject to the provisions of section16-8-5 of this title: Accessory dwelling unit. Bed and breakfast home. Keeping of horses or ponies. Licensed adult day services. Licensed childcare center. Mortuary,funeral home, or crematorium. Off street parking. Tour home. Tourist home. Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 66-14, 11-17-2014) 16-5-3: R-2 TWO-FAMILY RESIDENTIAL: The R-2 district is intended to provide residential areas characterized by single-family and two-family dwellings. Increased densities and the introduction of two-family housing types are intended to provide greater housing options while maintaining the basic qualities of a low density residential neighborhood. The principal use of land in this district is for low density single-and two-family dwellings and related recreational, religious and educational facilities. (Ord. 52-09, 10-19-2009) 16-5-3-1: PRINCIPAL PERMITTED USES: The following uses are permitted in the R-2 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 the state of lowa (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) 16-5-3-2: CONDITIONAL USES: The following conditional uses may be permitted in the R-2 district, subject to the provisions of section16-8-5 of this title: Accessory dwelling unit. Bed and breakfast home. Hospice. Licensed adult day services. Licensed childcare center. Mortuary,funeral home, or crematorium. Off street parking. Tour home. Tourist home. Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 66-14, 11-17-2014; Ord. 20-22, 5-20-2022) 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. 131h St Telephone: 563-589-4121 ORDINANCE NO. 8 - 24 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY FROM R-1 SINGLE-FAMILY RESIDENTIAL TO R-2 TWO-FAMILY RESIDENTIAL 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-1 Single -Family Residential to R-2 Two -Family Residential, to wit: LOT 7 Block 21 Clover Hills Subdivision, and to the centerline of the adjacent 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 15th day of April, 2024. r Brad M. Cava nCg; Mayor Attest: S& 00�� Adrienne N. Breitfelder, City Clerk 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: 04/05/2024 and for which the charge is 40.30 Subscribed to before me, a Notary PuBIic in and for Dubuque County, Iowa, this 8th day of April, 2024 Notary ' is in and for Dubuque County, Iowa. P � � JANET K. PAPE s a' Commission Number 199659 zy` My Commission Expires 12/1112025 Ad text : CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct public hearings on the 15th day of April, 2024, 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 Jordan Rettenmaier, Rettenmaier Properties to rezone property located at 1100 Lincoln Avenue from R-2A Alternate Two -Family Residential and C-1 Neighborhood Shopping Center to R-3 Moderate Density Multi -Family Residential. 2. "Request from The Pregnancy Center Dba The Clarity Clinic to rezone property located at 2529 Marywood Drive from R-1 Single -Family Residential to R-2 Two -Family Residential. TEXT AMENDMENT 1. "Request from the City of Dubuque to amend the Unified Development Code to remove the off-street parking requirements for properties located within the Jackson Park and Cathedral Historic 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 1t 4/5 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: 04/19/2024 and for which the charge is 19.87 a.`f 5/MAZ-9‘4. Subscribed to before me, a Notary Pu lic in and for Dubuque County, Iowa, this l9th day of April, 2024 Notary Pf in and for Dubuque County, Iowa. 8 . JANET K. PAPE rCommission Number 199659 My Commission Expires 12/11/2025 Ad text : CITY OF DUBUQUE OFFICIAL PUBLICATION ORDINANCE NO. 8 - 24 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY FROM R-1 SINGLE-FAMILY RESIDENTIAL TO R-2 TWO-FAMILY RESIDENTIAL 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-1 Single -Family Residential to R-2 Two -Family Residential, to wit: LOT 7 Block 21 Clover Hills Subdivision, and to the centerline of the adjacent 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 15th day of April, 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 April, 2024. /s/Adrienne N. Breitfelder, CMC, City Clerk It 4/19