Rezoning Request - 412 Loras Blvd_Jenk Enterprises_Enabnit Copyright 2014
City of Dubuque Public Hearings # 2.
ITEM TITLE: Rezoning Request - 412 Loras Blvd
SUMMARY: Proof of publication on notice of public hearing to consider a request by
Jenk Enterprises, Inc. to rezone property from OR Office Residential
District to OC Office Commercial District to permit a bridal shop and the
Zoning Advisory Commission recommending approval.
ORDINANCE An Ordinance Amending Title 16 of the City of Dubuque
Code of Ordinances, Unified Development Code, by Reclassifying
Hereinafter Described Property Located At 412 Loras Boulevard From OR
Office Residential District To OC Office Commercial District
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
❑ ZAC Letter Staff Memo
❑ Applicant Materials Supporting Documentation
❑ Staff Materials Supporting Documentation
❑ Ordinance Ordinance
Planning Services Department Dubuque
City Hall kat*yj THE CITVMBQTE
50 West 13th Street Dubuque,IA 52001-4864
(563)5894210 phone
(563)5894221 fax mm.mu•mo Masterpiece on the Mississippi
(563)690-6678 TDD
planning®cityofdubuque.org
September 9, 2015
The Honorable Mayor and City Council Members
City of Dubuque
City Hall — 50 W. 13th Street
DubuquelA 52001
Applicant: Jenk Enterprises, Inc.
Location: 412 Loras
Description: To rezone property from OR Office Residential District to OC Office
Commercial District to permit a bridal shop.
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's representative spoke in favor of the request, reviewing the existing
layout of the building and that there will be a bridal shop on the ground floor and an
apartment on the upper floor. The applicant's representative stated that they met with a
number of the surrounding neighbors.
Staff reviewed the staff report, noting the former use of the site and available on and off-
street parking, staff indicated that the primary difference between the OR and OC
Districts is that the OC District allows for retail uses in addition to the office and
residential uses allowed in the OR District.
There was one public comment in support of the rezoning request.
The Zoning Advisory Commission discussed the request, and found it compatible with
the surrounding zoning and land use.
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.
Service People Integrity Responsibility Innovation Teamwork
The Honorable Mayor and City Council Members
Page 2
Respectfully submitted,
Patrick Norton, Chairperson
Zoning Advisory Commission
Attachments
cc: Maurice Jones, Economic Development Director
Alvin Nash, Housing & Community Development Director
Service People Integrity Responsibility Innovation Teamwork
City of Dubuque
-.,- r T, Planning Services Department
y rte g 1 Dubuque,IA 52001-4805
�.. Phone:563-589-4210
A91e40rpn ter nn ill Fax: 563-589-4221
panninaCn'citvofdubuuue 01
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 Choose one
❑Limited Setback Waiver ❑Minor Site Plan ❑Historic Revolving Loan ❑Demolition
FvQezoning/PUD/ID ❑Major Site Plan ❑Historic Housing Grant ❑Port of Dubuque Design Review
Please type or print legibly iIiIl mkk'�p
�( Property own�er(sp): ( )e�( ti//� /11 G _Phone:
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Address:� DC aZ3/7 __City: (�I�l Sl�"L-FAstatr Zip:
Fax#: Cell #: _E-mail: q
Applicant/Agent: '�-y"t L4 ell 1 Phone: 3- �^L7$
Address: IGS S G' f�city:�L�� (A State:—[A
Fax#: Cell #:Sw2 _ E-mail: ('n_.LI.
ZJMJ Select
Site location/address:`1/02 S� /� __ Neighborhood Association:
Select Select Select Landmark: ❑ Yes S<No
Existing zoning: ��Proposed zoning: District:
Legal Description(Sidwell parcel ID#or lot number/block`1/ number/subdivision)): �'b 1 ' H �`4jA S G
Total property(lot)area(square feet or acres): Z / • 4
Describe proposal and reason necessary (attach a letter of explanation, if needed): .3r'dh l -&- ",p
CERTIFICATION: I/w�,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 written and graphic materials are attached.
Property Owner(s): - Date:
rx- Applicant/Agent: ste: �' I
FOR O��F/FIICCE USE ONLY-APPLICATION SUBMITTAL CHE RLIST
Fee��J.Meceived by: /r/J Date: �'31 -/$o',ket:
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�2 Applicant: Jenk Enterprises, Inc.
Location: 412 Loras Blvd
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R-2 c-4 Description: To rezone property from
OR Office Residentiall to
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Base Data Provided by Dubuque County GIS Path:H:\Planning Services\Vcinity MapsVAC Vicinity Maps\projects\Vicinity Map 412 bores Blvd August 2015.=d
REZONING STAFF REPORT Zoning Agenda: September 2, 2015
Property Address: 412 Loras Boulevard
Property Owner: Jenk Enterprises, Inc.
Applicant: Cathleen M. Enabnit
Proposed Land Use: Retail Sales Proposed Zoning: OC
Existing Land Use: Multi-Family Residential/Office/Vacant Existing Zoning: OR
Adjacent Land Use: North — Residential/Office Adjacent Zoning: North — R-2/OR
East— Residential East — OR
South — Residential South — R-4
West— Residential West — OR
Former Zoning: 1934 — MF Total Area: 4,200 sq.ft
1975 — R-3
1985 — OR
Property History: This property was subdivided as part of the original Browns
Subdivision and a new single —family residence was built here in 1880. The first floor of
the structure was converted to office space for the VNA in 1959. The first floor of the
building was used as office space and a business school and is now vacant. The upper
floors have been converted to three residential apartments and are now vacant. A
variance in setback was approved in 1959 enabling the property owner to create a
covered parking garage.
Physical Characteristics: The subject property is a relatively level 4,200 square foot lot
located at the corner of Loras Boulevard and Bluff Street. The lot accommodates a
1,700 square foot two-story brick house and a 1,300 square foot parking structure that
can accommodate six vehicles.
Concurrence with Comprehensive Plan: The comprehensive Plan encourages
mixed use areas but also recommends that incompatible uses be buffered from each
other. The future Land Use Map calls for this area to remain mixed residential/office
use.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site.
i
Rezoning Staff Report—412 Loras Blvd. Page 2
Traffic Patterns/Counts: IDOT 2013 Average Daily Traffic counts indicate 7,600
vehicle trips per day on Loras Blvd just west of the subject property, 7,100 vehicle
trips per day on Loras Blvd. just east of the subject property and 6,300 vehicle trips
per day along Bluff Street five blocks south of the subject property. Both Loras
Blvd. and Bluff Street are classified as minor arterials. The addition of a small retail
space at this location should have limited impact on overall traffic volume in the
neighborhood.
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 subject property is located in a mixed residential area;
with most of the buildings in the area being duplexes or multi-family apartments.
There is also an office and the Boy's and Girl's Club in the neighborhood.
Conversion of the first floor of the subject building from an office to a small retail
space should have little impact on traffic, demand on parking, noise and activity
over and above the current use. In addition, reuse of the currently vacant building
should reduce blight and have a positive effect on the neighborhood.
CIP Investments: None proposed.
Staff Analysis: The applicant is proposing to rezone the property at 412 Loras Blvd.
from OR Office Residential district to OC Office Commercial district to permit the vacant
first floor office space to be repurposed as a bridal boutique (retail space). Both office
districts permit a spectrum of office and residential uses, however, only the OC district
permits retail sales.
The building and lot accommodate approximately 1,000 square feet of office (or retail)
space on the first floor, three apartments on the second floor and an attached six-car
garage. Conversion of the first floor of the subject building from an office to a small
retail space should have little impact on traffic, demand on parking, noise and activity
over and above the current use. There is limited on-street parking on both Loras Blvd.
and Bluff Street in immediate proximity to the subject property. Reuse of the currently
vacant building should reduce blight and have a positive effect on the neighborhood.
Staff recommends the Commission review Article 9-5 of the Unified Development Code
regarding reclassification of property.
Prepared by: Reviewed: ate: • 26'/$
Section 2-Land Use Regulations Article 5:Zoning Districts
5-7 OR Office Residential
The OR District is intended to serve as a transition zone between commercial and single-
and two-family residential areas permitting adaptive reuse of existing building stock,
which will normally be residential in character.This OR District is not intended to have
any application in undeveloped or newly developing areas of the City or on land made
vacant through intentional demolition.Development standards remain flexible to allow
conservation and reuse of existing buildings.This district should be located in areas
abutting arterial and/or collector streets which are,because of location and trends,suit-
Townhouse able for development of low intensity office uses,and high intensity residential uses.
5-7.1 Principal Permitted Uses
The following uses are permitted in the OR District:
1. Art gallery,museum or library
2. Artist studio
3. General office
4. Hospice
5. Housing for the elderly or persons with disabilities
6. Medical office
r y 7. Mortuary or funeral home
General office g Multiple-family dwelling
9. Nursing or convalescent home
10. Parking structure
11. Place of religious exercise or religious assembly
12. Public,private, or parochial school approved by the State of Iowa(K-12)
13. Railroad or public or quasi-public utility,including substation
14. School of private instruction
15. Single-of two-family dwelling unit within an existing structure only
16. Townhouse(two or more laterally attached units)
5-7.2 Conditional Uses
The following conditional uses are permitted in the OR district, subject to the provisions
of Section 8-5:
Group home 1. Bed and breakfast home
2. Bed and breakfast inn
3. Group home
4. Licensed adult day services
5. Licensed child care center
6. Off-premises residential garage
{ 7. Off-street parking
8. Photographic studio
9. Private club
10. Rooming or boarding house
11. Tour home
12. Tourist home
t3. Wind energy conversion system
F
5-7.3 Accessory Uses
The following uses are permitted as accessory uses as provided in Section 3-7;
Wind energy 1. Crematorium accessory to a mortuary or funeral home
conversion system 2. Detached garage
3. Fence
nrccmor
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Section 2—Land Use Regulations Article 5:Zoning Districts
4. Garage sale;no more than three per calendar year or three consecutive days per sale
5. Home-based business
6. Noncommercial garden, greenhouse or nursery
7. Off-street parking and storage of vehicles
S. Satellite receiving dish
9. Solar collector
10. Sport,recreation,or outdoor cooking equipment
11. Storage building
12. Tennis court,swimming pool or similar permanent facility
13. Wind turbine(building-mounted)
5-7.4 Temporary Uses
Temporary uses shall be regulated in conformance with the provisions of Section 3-19.
5-7.5 Parking
Minimum parking requirements shall be regulated in conformance with the provisions of Article 14.
5-7.6 Signs
Signs shall be regulated in conformance with the provisions of Article 15.
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Section 2-Land Use Regulations Article 5:Zoning Districts
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 dis-
trict should also be located in areas adjacent to established commercial districts, in his-
toric and/m•architecturally significant areas where the adaptive reuse of existing build-
ings is encouraged, in areas of particular tourist interest and along arterial and/or collec-
Art Gallery for 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
ilk 7. Multiple-family dwelling
General office 8. Parking structure
9. Photographic studio
10. Place of religious exercise or assembly
11. Retail sales and service
12. School of private instruction
13. Single-family detached dwelling
14. Two-family dwelling
15. Any other specialty retail use of a similar nature and intensity
5-9.2 Conditional Uses
r =
The following conditional uses may be permitted in the OC District subject to the provi-
WAW.I" t sions of Section 8-5:
1. Bar or tavern
2. Bed and breakfast home
3. Bed and breakfast inn
4. Licensed adult day services
5. Licensed child care center
Restaurant 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
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I 3. Garage sale;no more than three per calendar year or three consecutive days per sale
4. Home-based business
5. Noncommercial garden,greenhouse or nursery
Building mounted 6. Off-street parking of vehicles
wind turbine 7. Satellite receiving dish
8. Solar collector
n cenvoe
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Section 2—Land Use Regulations Article 5:Zoning Districts
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 parking 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.
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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. 59-15
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT 412 LORAS BOULEVARD
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:
Lot 1 A. L. Browns Subdivision, 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 21st day of September, 2015.
inn V. Sutton, Mayor Pro Tem
Attest:
Kevin t. Firnstahl,t Clerk
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
Apartment Department
Attn: Cathleen Enabnit
105 S. Grandview Ave
Dubuque IA 52003
Dubuque
it:V&A
AC -America City
11111f
2007 • 2012 • 2013
RE: City Council Public Hearing — Rezoning Request
Dear Applicant:
Masterpiece on the Mississippi
September 3, 2015
The City Council will consider your request to rezone property located at 412 Loras
Boulevard at a public hearing on Monday, September 21, 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, 2 nCi 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,
Kyle L. Kritz
Associate Planner
Enclosures
cc: Kevin Firnstahl, City Clerk
Service People
Integrity
'94.0SWARINS00.**6
Responsibility
Innovation
Teamwork
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: September 11, 2015, and for which the charge is $23.82.
CITY OF DUBUQUE,
IOWA
OFFICIAL NOTICE'H,
NOTICE IS>EREgY
GIVEN that the.
+ ( A Dubuque City Council
hearing
at g a,, 'public (/ hearing d a meeting t
commenceat630pm.;
on September '21,'2015,;
ilthe g CounHistoric Federal
BudinCh
t ber's; (second'_ floor),
350 West 6th Street, on
the following:,,
Rezonings
Request by Jenk
Enterprises, Inc to
' rezone property lo- 'I
cated : at, =412 Loras
Blvd. from OR Office
Residential District to
OC ' Office to Com-
mercial Districtto
permit a bridal shop.
—Request by M -M&M,
LLC, I Phillip Mihalakis
to ; rezone :property,
located at 468 E. 12th'
Street from Planned
Unit Development with.
otary Public in and for Du.uque County, Iowa. a PC Planned Commer
clal ":District "designa-
tion to MHI4,,Modified. ,
Heaq Industrial "District. "' I
Request: by :Horizon
Development ' Group,
Inc. (Applewood Senior
Apartments) to rezone
property located at,
3275'=:Pennsylvania Ave.
frorn 1 Single Family
Residential
District to'PR Planned
Residential District
permit constriction_ of
a,60 -,unit senior apart
mentresidence
Written"!c'omments
regarding Fthe;.,aboe
publ ie' hearings may.
submitted to„the Citvye
b
LI Clerk's Office on or
"-before said time of
public hearing t'At said
time and .,place ” of
public hearings all
interresfed citizens and
parties given an
oppoitunity`nsr- t'ao gainst,
be_'
ljeardactifoo,-
said .
Copies of,„orsupporting
documents .for- the
public -hearings are on
file' in the City. Clerk's,
Office and "'may 'bel.
viewed during regular
working hours.
Any visual; or; hearing
impaired persons need-
ing, special assistance
or persons With special
accessibility needsI
should contact the City
Clerk's Officbat (563)
589-41d0''or;TTY;', "(563) .i
690-6678 .at ieast 48
hours prior to the,
meeting.
Kevin S. Firnstahl;;1
CMC, City Clerk
1t 9/11
Subscribed to before me, a
this /,/ day
otary Public
and for Dubuque County, Iowa,
, 20/1-.
MARY ESTERMEYER
Commission Number 154885
oma 1,1yarr�, Exp. FEE, 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: September 25, 2015, and for which the charge is $14.84.
Subscribed to before me, a Nry Public in and for Dubuque County, Iowa,
this day of — Ai _ ,, , 20 13-
otary Public in and for Dubuque ounty, Iowa.
K. TERMENER
,omr Iss'Ior Number 154685
Pr>v
CC)Fr, , Exp EB 1 2017
OFFICIAL
PUBLICATION
ORDINANCE NO.59.15
AN ORDINANCE
AMENDING TITLE 16
OF THE `'CITY OF
DUBUQUE CODE OF
ORDINANCES, UNI-
FIED DEVELOPMENT
CODE, BY RECLAS-
SIFyING IEREINAF-
TER DESCRIBED PRO-
PERTY LOCATED AT
412 LORAS' BOULE-
VARD FROM OR
OFFICE . RESIDENTIAL
DISTRICT TO ' OC
OFFICE COMMERCIAL
DISTRICT
NOW, THEREFORE, BE
IT ORDAINED BY THE
CITY COUNCIL OF THE
CITY OF DUBUQUE,
IO-1NA:
Section 1. That Title l
16 - of the City of
Dubuque Code of
Ordinances, Unified.
Development; Code, is
hereby amended by
reclassifying the here-
inafter -described pro -;1,
perty from OR Office'1
Residential,' District to
OC Office Commercial
District, to wit:
ot 1 A. .L Browns
Subdivisioh,"and to the
centerline ' of the
adjoining , public' right -
df -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 taker,
effect , immediately
upon publication as
provided by law.
Passed, approved and
adopted this 21st day
of September, 2015.
/s/Lynn V. Sutton,
Mayor Pro Tem
Attest: /s/Kevin. S.
Firnstahl, City Clerk
Published officially in
the Telegraph Herald
newspaper on the 25th
day r,. of September, `.
2015.:
/s/Kevin S. Firnstahl,
City Clerk
1t 9/25