Zoning,1011 Davis,Hills & DalesCITY OF DUBUQUE, IOWA
MEMORANDUM
June 21, 2001
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Rezoning Request for Hills and Dales Child Development Center, 1011
Davis Street
Planning Services Manager Laura Carstens has provided additional information on the
Hills and Dales Child Development Center rezoning request.
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
CITY OF DUBUQUE, IOWA
MEMORANDUM
June 21, 2001
TO:
FROM:
SUBJECT:
Michael C. Van Milligen, City Manager
Laura Carstens, Planning Services Manager
Rezoning Request for Hills and Dales Child Development Center, 1011
Davis Street
INTRODUCTION
This memo responds to the City Council's request for additional information regarding
the rezoning of Hills and Dales Child Development Center, located at 1011 Davis
Street. The applicant has requested rezoning of this property from R-I Single-Family
Residential zoning district to OR Office High Density Multi-Family Residential zoning
district. The City Council tabled the public hearing on June 18th to their July 2nd
meeting for additional information on storm water, storm sewer, screening and
conditional rezoning of the property for restricted use.
DISCUSSION
HilIs and Dales Child Development Center is a facility that provides housing and
related and services for primarily children with disabilities. The applicant has
requested expansion of the existing child development Center, which was established in
1973. The proposed addition to the Center includes construction of new living areas
and new administrative and meeting space. In addition, 33 new parking spaces will be
provided at the rear of the property for faculty, staff and visitors.
Hills and Dales property has frontage on Davis Street and is about 2.8 acres in size.
Access presently is by two existing curb cuts onto Davis Street, which is classified as a
local residential street.
Davis Street does not have curb and gutter or storm sewer. The Engineering Division
reports that no storm sewer projects are included in the current five-year capital
improvement program. Engineering staff also reported that Davis Street is in faidy
good repair and is not included in the five-year annual street program.
In response to direction from City Council to respond to conCerns raised by neighbors
at the June 18th public hearing, City staff has provided Hills and Dales staff with a copy
of the enclosed memorandum of agreement. This MOA includes the following
Hills and Dales Child Development Center
June 21, 2001
Page 2
performance Standards:
Opaque screening at least six feet high to enclose all outside storage, refuse
and garbage areas from view.
Screening along the parking areas adjacent to Davis Street would consist of
evergreen plantings of sufficient size to achieve three feet in height and 50%
opacity within three growing seasons.
The permitted uses for this OR district would be limited to housing for persons
with disabilities and those accessory uses customarily incidental and
subordinate to such housing.
In addition, the MOA indicates that the City may initiate rezoning to the R-1 district if
the property owner does not meet these conditions.
A petition was filed on June 18th in opposition to the rezoning request. The percentage
of owners of property within 200 feet of Hills and Dales that opposed the rezoning is
14.25%. This percentage is less than the 20% threshold under Iowa Code that would
require a three-quarter vote by the City Council for approval. A simple majority vote of
the Council is needed for approval of the rezoning request.
RECOMMENDATION
Please review the attached information and then let me know if there is any additional
information that you would like the Council to have or if you have any questions.
LC/mkr
Enclosures
cc: Mike Koch, Public Works Director
Prepared by: Laura Carstens, City Planner Address: 50 W. 13th St., City Hall Telephone: 589-4210
ORDINANCE NO. 43-01
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1011 DAVIS STREET
FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO OR OFFICE HIGH
DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code
of Ordinances is hereby amended by reclassifying the hereinafter described property
from R-1 Single-Family Residential District to OR Office High Density Residential
District, to wit:
Lot 1 of Lot 2 of Lot I of Lot I of Lot 3 and Lot 2 of Lot 2 of Lot I of Lot 1 of
Lot 3 St. Francis Subdivision, except for the W 40' of the N 1,320', and to
the centerline line of the adjoining public right-of-way, all in the City of
Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take affect immediately upon publication, as
provided by law.
Passed, approved and adopted this 2nd day of July, 2001.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider City Clerk
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5 (1993), and as an express condition of rezoning of the
property described as:
LOt1 of Lot 2 of Lot I of Lot 1 of Lot 3 and LOt 2 of Lot 2 of Lot I of
Lot I of Lot 3 St. Francis Subdivision, except for the W 40~ of the N
1,320', and to the centedine line of ~ adjoining public right-of-way,
all in the City of Dubuque, Iowa.
which is the subject of Ordinance No. , -01, a copy of which is attached hereto and
incorporated herein by reference, the undersigned properly owners, agree to the following
conditions, all of which the property owner further agrees are reasonable and are imposed to satis~
public needs which are caused direcay by the rezoning:
1)
Opaque screening at least six (6) feet high shall enclose all ~ storage, refuse
and gerbage areas from view.
Screening along the parking areas adjacent to Davis Street is required, and shall
consist of evergreen plantings of sufficient size to achieve three (3) feet in height and
50 percent (50%) opacity within three (3) growing seasons.
The pen'nitted uses for this OR Office High Density Multi-Family Residential District
shall be further restricted to housing for persons with disabE~tiea and those accessory,
uses customarily incidental and subordinate to such housing in the OR zoning district.
~n of the Subiect property. The City of Dubuque, iowa may initiate zoning
reclassification proceedings to the R-1 Single-Family Residential Zoning District (which
rezoning will include the removal of the pedormance standards in Section A above) if the
property turner fails to complete any of the conditions or provisions of this ~reement.
Modlrmations. Any modifications of this Agreement shall be considered a zoning
reclassification and shall be subject to the provisions of the Zoning Ordinance governing
zoning reclassif'mafions. The City Council of Dubuque, Iowa must approve all such
Recordinq. A copy of this Agreement shall be recorded with the Dubuque Coum'y Recorder
as a permanent record of the conditions accepted as part of this rezoning approval after the
adoption of Ordinance No. -01.
Construction~ This Agreement shall be construed and interpreted as though it were part of
Appendix A of the Code of Ordinancas of the City of Dubuque, also known as the Zoning
Ordinance of the City of Dubuque, Iowa.
F) This Agreement shall be binding upon the undersigned and his/her heim, successors and
assignees.
ACCEPTANCE OF ORDINANCE NO. 01
I, Jan lmhoff, Executive Director for Hills and Dales Child Development
Center, property owner, having read the terms and conditions of the foregoing Ordinance
No. -01 and being familiar with the conditions thereof, hereby accept this same and
agree to the conditions required therein.
Dated this day of ,2001.
Jan Imhoff, Executive Director
Hills and Deles Child Development Center
June 18, 2001
We, the undersigned, strongly believe the zoning of the prop?ty at 1011
Davis Ave, should remain single family. This is a single family~
neighborhood.
Name Address
.//2P)a.,~ I-t2,,_.._.~,,-,,o, /,~ o./
Phone #
C
,5
* Owners of pro~er~y within 200~ of Hills and Dales, 1011 Davis Ave.
Donut minus row = 369,772 sqff
Opposition = 52;700 Sqft
Opposition = 14.25%
/200 Foot Radius
/
/
June 18, 2001
We, the undersigned, stronglY believe the zoning of the property at 1011
Davis Ave. should remain single family. This/s a single family
neighborhood.
Name Address Phone #
Prepared by: LauraCarstens, City Planner Address: 50W. 13th St., City Hall Telephone: 589-4210
ORDINANCE NO. -01
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1011 DAVIS STREET
FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO OR OFFICE HIGH
DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That AppendixA (the Zoning Ordinance) of the City of Dubuque Code
of Ordinances is hereby amended by reclassifying the hereinafter described property
from R-1 Single-Family Residential District to OR Office High Density Residential
District, to wit:
Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 3 and Lot 2 of Lot 2 of Lot 1 of Lot I of
Lot 3 St. Francis Subdivision, except for the W 40' of the N 1,320', and to
the centerline line of the adjoining public right-of-way, all in the City of
Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Section 3.
provided by law.
This ordinance shall take affect immediately upon publication, as
Passed, approved and adopted this day of
Attest:
~J~eanne F. Schn~ic~er City Clerk
,2001.
Terrance M. Duggan, ~
Planning Services Departmen~
City Hall
50 ~st 13th Stxeet
Dubuque, Iowa 520014864
(563) 5894210 office
(863) 5894221 fax
planning~cityofdubuque.org
June 13,2001
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13t~ Street
Dubuque IA 52001
RE: Rezoning
Applicant:
Location:
Description:
Allen & Urbain Architects/Hills & Dales Development Center
1011 Davis Street
To rezone property from R-1 Single-Family Residential Distdct to OR Office
Residential District.
Dear Mayor and City Council Members:
The City of Dubuque Zoning Advisory Commission has reviewed the above-cited request. The
application, staff report and related materials are attached for your review.
Discussion
John Allen of Allen and Urbain Architects, representing the applicant, spoke in favor of the
request, stating that the rezoning is necessary to allow expansion of the center. Mr. Allen
reviewed the proposed building additions and parking lot expansion with the Commission. Staff
reviewed that the current R-1 zomng does allow for a use such as Hills and Dales and that the
OR Distdct is the least intensive distdct that will allow the facility.
The Zoning Advisory Commission discussed the request, noting that the proposed conditions
will add space to the Center but the number of residents will not increase. The Commission did
not believe that traffic would appreciably change from the current level
Recommendation
By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council approve
the request.
A simple majodty vote is needed for the City Council to approve the request.
Respectfully submitted,
Euger~ Bird, Jr.,Chairperson
Zoning Advisory Commission
Attachments
City of Dubuque
Planning Services Department
Dubuque IA 52001-4864
_ Phone: 319-589-4210
Fax: 319-589-4149
o Variance
[] Conditional Use Permit
[3 Appeal
a Special Exception
r~ Limited Setback Waiver
PLANNING APPLICATION FORM
]o Rezoning
[] Planned District
[] Preliminary Plat
[3 Minor Final Plat
[3 Text Amendment
n Simple Site Plan
[3 Minor Site Plan
[3 Major Site Plan
[] Major Final Plat
[] Simple Subdivision
[3 Annexation
[] Temporary Use Permit
[3 Certificate of Appropriateness
[] Certificate of Economic Hardship
[3 Other:
PLEASE TYPE OR PRINT LEGIBLY IN INK
PropedTOwne~s): Hills and Dales Child Development Center
Address: 1011 Davis Street City:. Dubuque
Fax Number, 557-3822 Mobile/Cellular Number.
Applicant/Agent: Allen & Urbain Architects (John C. Allen)
Address: 1890 John F. Kennedy Rd.
Fax Number. 556-4394
Site IocationJaddress: 1011 Davis Street,
Phone: 556-7878
State: Iowa Zip:, 52001
City: Dubuque State: Iowa Zip:
Mobile/Cellular Number:. 590-4511
Dubuque, Iowa 52001
Phone: 556-4387
52002
Existing zoning: R-1 Proposed zoning: OR Historic distdct Landmark:
Legal description (Sidwell Parcel ID number or lot number/block number/subdivision): Lot 1-2-1-1-3 and
Lot 2-2-1-1-3 St. Francis Subdivision except for the W 40' o{ the M 1~?~T D~Tq~: Tmwa
To~l properbf (tot) area (square feet or acres): 122197 Sq.ft. or 2.8 Number of lots: 2
acres
Oescdbe proposal and reason necessary (ab'ach a letter of explana~on, if needed)~ The existin_~ u~e ~ m
non-conforming in the R-1 classification and since Hills & Dales is planning to expand,
it was considered that a more appropriate classification should be sought.
CERTIFICATION: lave, the undersigned, do hereby certify that:
1. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal
becomes public record;
2. Fees are not refundable and payment does not guarantee approval; and
All additional required written and graphic materials are attached.
Property Owner(s):
Applicant/Agent
~J3JR OFFICE USE ON[.3~- APPLIC~ATION SUBMITTAL CHECKLIST
Fee'~2$O,~o Receivedby' '-~/'~/.?~ Date: ~'/~//~/ Docket:
[] Property ownership list [3 Site/sketch plan al'Floor plan [] Plat [] Conceptual development plan
Date:
[] Improvement plans [] Design review project description [] Photo [] Other:
ALL[ri & UI I AII'I
Architect5 and Construction ~anag~r$; Inc. ·
. 1~0. Jol~ F. K~a~dy Rd; D~. Jo~u 52002
(31~)55~-4387 tAX C31~)55~-43~4
April 18, 2001
PARKZNG STUDY
-HTLLS AND DALES CHZLD DEVELOPMENT CENTER
Existina:
Park ng spaces currently at 10!:~Dav s
Parking spaces currently at W ndsor'Park ·
52
15
TOTAL'SPACES USED:
Proposed spaces shown on plan
Note:
67
When the Administrative'offices' now in Winds°r Park am moved back to
1011 Davis those spaces will be required.
In the zoning Ordinance'the most comparable Parking group classification for
principal permitted uses woUld be Group 2as required for nurs ng or convalescent
homes. Group 2 requires .5 spaces for each bed plus1 space for each employee
on the maximum shift.
Number of beds in prOposedplan:
Number Of employees on maximum shift:
(.5 x 4.8) + 48 =
48
' 48
72 sPaces required by the Zoning Ordinance
IHILL6 ,i DALE5
ALL,il & Ui~Alil
OS
R-1
R-1
N
Proposed area to be rezoned
Applicant: Allen & Urbain Architects/
Hills & Dales Develoment Center
Location: 1011 Davis Street
Description: To rezone property from R-1
Single-Family Residential District to OR
Office Residential District.
REZONING STAFF REPORT
Zoning Agenda: June 6, 2001
Property Address:
Property Owner:
Applicant:
1011 Davis Avenue
Hills and Dales Child Development Center
Allen Urbain Architects - John C. Allen
Proposed Land Use:
Existing Land Use:
Adjacent Land Use:
Child Development Center
Child Development Center
North - Agricultural
East - Cemetery
South - Single-Family Residential
West - Shalom Retreat Center
Proposed Zoning: OR
Existing Zoning: R-1
Adjacent Zoning: North - R-1
East:- R-1
South - R-1
West -R-1
Former Zoning:
1934 - Single-Family; 1975 - R-2; 1985 - R-1 Total Area:2.8 acres
Property History: The subject property has been used by the Hills and Dales Child
Development Center for many years. The property was formerly the Colette Hall, a
girls dormitory associated with the Immaculate Conception Academy.
Physical Characteristics: The subject property has frontage on Davis Street and is
approximately 2.8 acres in size. Access to the site is by way of two existing curb cuts
onto Davis Street.
Concurrence with Comprehensive Plan: The 1995 Comprehensive Plan did not
designate this area.
Impact of Request on:
Utilities: Existing public utilities are adequate to serve the site and the proposed
expansion.
Traffic Patterns/Counts: Davis Street, east of Windsor Avenue is classified as a
local residential street. There are no traffic counts available.
Public Services: Existing public services are adequate to serve the site.
Environment: Staff does not anticipate any adverse impact to the environment
provided adequate erosion control is practiced during all phases of construction of
the proposed additions.
Adjacent Properties: Staff does not anticipate any significant negative impacts to
adjacent properties as the proposed additions will be architecturally consistent with
REZONING STAFF REPORT Page 2
the existing facility and adequate off-street parking will be provided for the
increase in staffing levels associated with the proposed additions:
ClP Investments: None proposed.
Staff Analysis: The requested rezoning by Hills and Dales Child Development Center
from R-1 Single-Family Residential to OR Office Residential is requested to allow
expansion of the existing child development center.
The requested rezoning to OR Office Residential will make the Hills and Dales Child
Development Center a conforming use. The Center was established in 1973. In June,
1983, a conditional use permit was approved to allow expansion of Hills and Dales.
The facility was considered a group home, which was a conditional use in the R-2
Residential District The property was rezoned to R~I Single-Family Residential
Distdct as part of the comprehensive rezoning of the City in 1985. The Hills and Dales
Child Development Center does not meet the definition of a group home because it
does not function as a single housekeeping unit. To allow the proposed expansion, the
property must be rezoned.
The proposed addition to the Hills and Dales Child Development Center includes the
construction of new living areas and new administrative and meeting area. In addition,
33 new parking spaces will be provided at the rear of the property to assure adequate
off-street parking for faculty, staff and visitors.
The proposed rezoning to OR Office Residential District is appropriate, as the existing
child development center and the proposed additions to it are consistent with the
allowed uses in the OR Office Residential District. While the surrounding property is
primarily zoned for R-1 Single-Family Residential, adjacent uses include the Shalom
Retreat Center and the Mt. Calvary Cemetery, both on the north side of Davis Street.
Staff recommends that the Zoning Advisory Commission review the standards
established in Section 6-1.1 of the Zoning Ordinance for rezoning requests.
Reviewed: ,~..,'./,,~
Date:
CITY OF DUBUQUE
JUN 0 ~ 2001
CITY OF DUBUQU~
JU~ 0 ~, 2001
C)TY OF DUBUQUE
JUN 0 ~ 200t