Request to Rezone - 1072 Locust Street_Stackis Copyright 2014
City of Dubuque Public Hearings # 1.
ITEM TITLE: Request to Rezone - 1072 Locust Street
SUMMARY: Proof of publication on notice of public hearing to approve a request by
Ted Stackis to rezone property located at 1072 Locust Street from OR
Office Residential to OC Office Commercial District and the 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 located at 1072 Locust Street from OR Office
Residential District to OC Office Commercial District
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A
ATTACHMENTS:
Description Type
❑ Commission Letter Staff Memo
❑ Applicant Materials Supporting Documentation
❑ Staff Materials Supporting Documentation
❑ Ordinance Ordinance
❑ Suggested Motion Supporting Documentation
Planning Services Department Dubuque
City Hall THECITV OP
i E
50 West 13�Street �T 7�
Dubuque,IA 52001-4864 ' I I I r lJ
(563)589-4210 phone
(563)589-4221 fax mm•mn•m�� Masterpiece on the Mississippi
(563)690-6678 TDD
planni Qdtyofdubuque org
April 3, 2015
The Honorable Mayor and City Council Members
City of Dubuque
City Hall — 50 W. 13th Street
DubuquelA 52001
Applicant: Ted Stackis
Location: 1072 Locust Street
Description: To rezone property from OR Office Residential to OC Office Commercial
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
The applicant spoke in favor of the request, noting it will facilitate rehabilitation of the
property and allow the establishment of a beauty salon in the lower level.
Melissa Slade spoke in favor, noting she would be the owner of the new salon and was
available for questions.
Staff reviewed the staff report, noting the surrounding zoning and land use, the allowed
uses in an Office Commercial District, and previous rezoning requests for the subject
parcel.
There were no public comments.
The Zoning Advisory Commission discussed the request and had no objections.
Recommendation
By a vote of 6 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,
Patrick Norton, Chairperson
Zoning Advisory Commission
Attachments
Service People Integrity Responsibility Innovation Teamwork
4 Planning Services Department
rxe cTTY oa Dubuque City Hall-50 West IP Street
krokA Dubuque,IA S2001-4805
DT '�'Q (563)589-4210 phone
lJ 1J E 1 I I I I' (563)589-4221 fax
Masterpiece on the Mississippi •p •=o» u1ann 690-6678citvo TDD
p pp planninaCalcitvofdubuaue ora
PLANNING APPLICATION FORM
❑Variance ❑Preliminary Plat ❑Simple Subdivision ❑Certificate of Appropriateness
❑Conditional Use Permit ❑Major Final Plat ❑Text Amendment ❑Advisory Design Review(Public Projects)
❑Appeal ❑Minor Final Plat []Temporary Use Permit ❑Certificate of Economic Non-Viability
❑Special Exception ❑Simple Site Plan ❑Annexation ❑Historic Designation
❑ invited Setback Waiver ❑Minor Site Plan ❑Historic Revolving Loan ❑Demolition in Conservation Districts
Ytezoning/PUD/ID ❑Major Site Plan ❑Historic Housing Grant ❑Port of Dubuque Design Review
Please type or print legibly in in
Propertyowner(s): ��-b ST�GK« MC tcjC. P� Q�Phone: �5�3 y 51
3300
Address: 2 Ob SA"g a- ('S City: �u V LLQ rt L State: t Zip: 700 -�
Fax#: Cell #: 56ij q51 mall: fL SIAL kl S a A0AS X - COM
Applicant/Agent: Te-A Phone: 5'P1.3 -3k3'I tc>
Address:-201r>�slbi)rAe.rr City: Dubgol�e- State-.,f-k,—Zip: -SZ00 I
Fax#: Cell #511 � - E-mail:
Site location/address: M2 LbcusT Neighborhood Assiation:
Existing zoning:OR Proposed zoning: 0'4 District:1. � - A 6
A6 ARK
1 t&HI Landmark: El Yes 5�No
Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): 1 I) qon 2'
Total property(lot) area(square feet or acres): y,
Describe proposal and reason necessary(attach a letter of explanation,if needed):,[ W DuL t 1
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 n and ap is materials are attached. r�
Property Owner(s): Date: 2 �" 5 15
/ a
Applicant/Agent: 1 Date:
1 L✓
FOR OFFICE USE ONLY-APPLICATION SUBMITTAL CHECKLIST
Feer Received by: Date:z-Z"C.JDocket:
THE CITY OF Dubuque
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Applicants: Ted Stackis
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N� Location: 1072 Locust St.
Description: To rezone the property from
OR Office Residential to OC
Office Commercial
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REZONING STAFF REPORT Zoning Agenda: April 1, 2015
Property Address: 1072 Locust Street
Property Owner: McStac Properties
Applicant: Ted Stackis
Proposed Land Use: Residential/Commercial Proposed Zoning: OC
Existing Land Use: Residential/Commercial Existing Zoning: OR
Adjacent Land Use: North —Parking/Commercial Adjacent Zoning: North — OR
East — Commercial/Residential East— C-4
South — Parking lot/Church South — OR
West— Institutional/Residential West— OR
Former Zoning: 1934 — Business District Total Area: 4,355 sq. ft.
1975 — OR-1
1985 — OR
Property History: The property was originally subdivided c. 1890 as part of the original
City Lot Subdivision and a three-story brick residence was built on this site in 1900. A
single-story brick business building was built abutting the residence in 1949. The
property has remained residential and commercial subsequent to the construction of
the building addition.
Physical Characteristics: The property is a level 4,423 square foot lot with frontage on
Locust Street and abutting an alley at the rear. The parking lot for First Congregational
Church is located on the north side of the subject property with the church campus and
additional parking on the south side.
Concurrence with Comprehensive Plan: The comprehensive Plan indicates this
area should continue to be mixed use residential.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site as it is fully developed.
Traffic Patterns/Counts: IDOT 2009 Average Daily Traffic Counts indicate 4,300
vehicle trips per day along Locust Street one block south of the subject property
and 6,400 vehicle trips per day on Locust Street two blocks south of the subject
property. There are 3,670 vehicle trips per day on 10th Street a half a block south
of the subject property. The conversion of the building from OR to C-4 should
generate little additional traffic to the adjacent streets.
Rezoning Staff Report — 1072 Locust Street Page 2
Public Services: Existing public services are adequate to serve the property.
Environment: Staff does not anticipate any adverse impact to the environment as
the property is fully developed.
Adjacent Properties: The property is bordered by the First Congregational Church
parking lot and campus on either side, by an alley across from the back of
commercial and residential properties along Main Street at the rear and across
Locust Street from the Library and residential properties. Currently there is a
legally non-conforming contractor's shop in the one story addition on the south side
of the subject lot. The use of the residential structure for commercial or residential
purposes and the potential for additional commercial uses in the single-story
building that is currently a contractor shop should have limited impact on the
adjacent properties in this mixed-use neighborhood located along a busy street.
CIP Investments: None proposed.
Staff Analysis: The applicant is proposing to rezone an existing approximately 4,500
square foot lot from OR Office Residential to OC Office Commercial zoning district. The
property currently accommodates a three-story historic residence and a single-story
contractor shop built in 1949. The contractor's shop abuts the south and east sides of
the residence. The property is bordered by church parking lot and campus on either
side, an alley behind the commercial properties along Main Street, and is located
across Locust Street from the Library and several residences. A previous rezoning
request in September 2013 proposed rezoning the parcel to the C-4 district, which
abuts the rear of the property along the alley. That rezoning request was ultimately
withdrawn by the applicant. At the public hearing before the Zoning Advisory
Commission, concerns were raised regarding the potential for a bar to open at the
location if rezoned to C-4. The OC District only permits bars as a conditional use.
There is currently a three car garage on the subject property that is accessed from the
alley. There is no other off-street parking associated with the subject property and no
ability to add parking as the lot is fully developed. Metered on-street parking is
available on both sides of Locust Street in front of, and across from, the subject lot. A
parking variance may be necessary depending on how the building is redeveloped.
As the subject buildings have served as a three-unit residence and legally non-
conforming contractor shop in the past, redevelopment of the property for OC District
uses should have limited impact on the adjacent church and library and commercial,
and residential properties as this is a mixed use neighborhood. However,
redevelopment for some of the more intense OC District uses may generate additional
demand for the limited on-street parking available in the neighborhood.
Rezoning Staff Report — 1072 Locust Street Page 3
The subject property is located in a historic district and proposed demolition or physical
changes to the exterior of the buildings would have to be reviewed by the Historic
Preservation Commission.
Staff recommends the Commission review the criteria established in Article 9-5 of the
Unified Development Code regarding reclassification of property.
Prepared by: ` • Reviewed: ,. oA Date:
5-9 OC Office Commercial
The OC District is intended to encourage and permit the establishment of commercial business
uses in mixed use specialty areas. This district will generally be located in areas which have
developed, or are appropriate to develop, as limited retail districts. This district should also be
located in areas adjacent to established commercial districts, in historic and/or architecturally
significant areas where the adaptive reuse of existing buildings is encouraged, in areas of
particular tourist interest and along arterial and/or collector streets which are suitable for more
intensive commercial development.
5-9.1 Principal Permitted Uses
The following uses are permitted in the OC District:
1. Art gallery, museum or library
2. Artist studio
3. Bakery (retail only)
4. Barber or beauty shop
5. General office
6. Medical office
7. Parking structure
8. Photographic studio
9. Place of religious exercise or assembly
10. Retail sales and service
11. School of private instruction
12. Single-family detached dwelling
13. Two-family dwelling
14. Multi-family dwelling:
1.5. Any other specialty retail use of a similar nature and intensity
5-9.2 Conditional Uses
The following conditional uses may be permitted in the OC District subject to the provisions of
Section 8-5:
1. Bar or tavern
2. Bed and breakfast home
3. Bed and breakfast inn
4. Licensed child care center
5. Licensed adult day services
6. Off-street parking
7. Private club
8. Restaurant
9. Tour home
10. Wind energy conversion system.
5-9.3 Accessory Uses
The following uses are permitted as accessory uses as provided in Section 3-7:
1. Detached garage
2. Fence
3. Garage sale,provided that not more than three such sales shall be allowed per premises per
calendar year and not more than three consecutive days per sale
4. Home-based business
5. Noncommercial garden, greenhouse or nursery
6. Off-street parking of vehicles
7. Satellite receiving dish
8. Solar collector
I
9. Sport,recreation or outdoor cooking equipment
10. Storage building
11. Tennis court, swimming pool or similar permanent facility
12. Wind turbine(building-mounted).
5-9.4 'Temporary Uses
Temporary uses shall be regulated in conformance with the provisions of Section 3-19.
5-9.5 Parking
Minimum parldng requirements shall be regulated in conformance with the provisions of Article
14, except that a 25 percent reduction shall be allowed in the OC District for both permitted and
conditional uses.
5-9.6 Signs
Signs shall be regulated in conformance with the provisions of Article 15.
5-9.7 Bulk Regulations
WHEN
s e
Permitted Uses g
Single-Family ? 5,000 50 50 10 3 2l1 40
Two-Family 5,000 50 1 50 10 1 3 ( 20 -_ 40
Multi-Family 1,2001du ` -- 50 10 31 20 40
Place of Religious
Exercise or Assembly 20,000 100 5l) 10 10 " 20 752
- `t -All Other Permitted ¢ 50 10 3 20 40
Uses --- i
Conditional Uses
c ; I
Bed and breakfast home t 50 10 3 20 40
S { I
Bed and Breakfast Inn 50 10 3 20 40
Off-Street Parking Lot , --- s
Parking Structure — ( - 10 i 3 3 feet 40
All Other Conditional !
Uses --- 50 10 3 20 40
r Plus one additional foot per floor above the second floor.
x Places of religious exercise or assembly may be erected to a height not exceeding 75 feet, provided
that such buildings shall provide at least one additional foot of yard space on all sides for each
additional foot by which such building exceeds the maximum height limit of the district in which it is
located.
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210
Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589-4121
ORDINANCE NO. 25-15
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1072 LOCUST STREET
FROM OR OFFICE RESIDENTIAL DISTRICT TO OC OFFICE COMMERCIAL
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 OR Office Residential District to OC Office Commercial District, to wit:
South 38'7" of City Lot 159, and to the centerline of the adjoining public right-of-
way, all in the City of Dubuque, Iowa.
Section 2. That the foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Section 3. This Ordinance shall take effect immediately upon publication as
provided by law.
Passed, approved and adopted this 20thday of April, 2015.
1
a A. Braig, Mayor Pr�ifem
Kahl g,
Attest:
'r,
Kevin S. Firnstahl, City Verk
I move to receive and file the communications and further move that the requirement
that a proposed Ordinance be considered and voted on for passage at two Council
meetings prior to the meeting at which is to be finally passed be suspended. (Motion B)
Vote — Then
I move final consideration and passage of the Ordinance. (Motion A)
If Motion B does not pass:
I move to receive and file the communications and I move first (second or third)
consideration of the Ordinance. (Motion A)
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, 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: April 24, 2015, and for which the charge is $14.82.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this dytO day of , , 20 /3 .
OFFICIAL
PUBLICATION
ORDINANCE NO. 25-15
AN ORDINANCE
AMENDING TITLE 16
OF THE CITY ' OF
DUBUQUE CODE OF
ORDINANCES, UNI-
FIED DEVELOPMENT
CODE, BY RECLAS-
SIFYING " HEREINAF-
TER DESCRIBED PRO-
PERTY LOCATED AT
1072 LOCUST STREET
FROM OR OFF CE
RESIDENTIAL DIS-
TRICT TO OC OFF CE
COMMERCIAL DIS-
TRICT
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 here-
inafter -described pro-
perty from OR Office
Residential District to
OC Office Commercial
District, to wit:
South 38'7" of City Lot
159, and to the
centerline of the
adjoining public right-
of-way, all in the City
of Dubuque, Iowa.
Section 2. That the
foregoing amendment
has heretofore been
reviewed by the Zoning it
-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 20th day
of April, 2015.
/s/Karla.A. Braig,
Mayor Pro Tem
Attest: /s/Kevin S.
Firnstahl; City Clerk
Published officially in
the Telegraph Herald
newspaper on the 24th.
day of April, 2015.
/s/Kevin S. Firnstahl,.
City Clerk
It 4/24
‘RY i6. Z7w 1 Y➢6"N dll".. PIl
ammission Number 154885
vly Comm,Exp, FEB. 1, 2017
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, 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: April 10, 2015, and for which the charge is $17.69.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this AO day of ;' , 20 /
otary Public in and for Dubuque County, Iowa.
MARY K. WESTERMEYER
Commission Number 154885
My Comm, Exp. FEB 1 2017
CITY OF DUBUQUE,
IOWA
OFFICIAL NOTICE
4 "NOTICE is -,hereby
given that the Dubuque
City Council will
conduct :;public hear
ngs at a meeting to
commence at 6:30 p.m..
on MondayApril 20,
2014, nthe Historic
Federa 'Building, 'i35p'
West 6th Street, onthe
following:
Rezoning
Ted Stackis
requesting to rezone
property located at
1072 _Locust ; Street
from OR Office
Residential ' to '' OC
Office Commercial.
'Copies Of supporting+r�
idocumei is ;". for ; the";:
public hearings are on
file in the City Clerk's I
Office, 50 W. 13th 1
Street ,'and maybe. ;I
h'viewed during normal.
working hours.
Written comments,
regarding the above'+,;
public hearing may be
submitted to the City
Clerk's Office, 563-589-.,
4100,'on 'or. before said
time of public hearing 1
at 50.;W..13th Street, or
ctyclerk@ cityofdubuqu
e.org. At sa d time and,
place of public
hearings all interested
citizens• and parties
will be given an
opportunity to be
heard for or against
[ said rezoning. •` :I
Any visual or hearing !
impaired persons need-
ing special assistance
or persons with special
accessibility needs
should contact the City
Clerk's Office at (563)
589-4100 or TDD(563)
690-6678 at least 48
hours' prior to the 1
meeting. _, l
/s(Trish L. Gleason,
Assistant City Clerk
1t 4/10
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
Ted Stackis
206 Saunders
Dubuque IA 52001
Dubuque
THE CJTY OF
AC -America City
11111'
2007 • 2012 • 2013
RE: City Council Public Hearing — Rezoning Request
DIB
Masterpiece on the Mississippi
April 3, 2015
Dear Applicant:
The City Council will consider your request to rezone property located at 1072 Locust
Street at a public hearing on April 20, 2015. Please attend this meeting, or send a
representative to the meeting in your place to present your request and answer
questions. City Council meetings begin at 6:30 p.m. in the City Council Chamber, 2nd
Floor, Historic Federal Building (Post Office), 350 W. 6th Street, Dubuque, Iowa.
Please contact the Planning Services Department at (563) 589-4210 if you need more
information or have any questions.
Sincerely,
7�
KyIe?L Kritz
Associate Planner
Enclosures
cc: Kevin Firnstahl, City Clerk
Service
People
Integrity
Responsibility
Innovation
Teamwork