Request to Rezone 216 Clarke Drive_ZoellnerPlanning 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 CITY OF Dubuque
DUB E
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March 7, 2008
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
Applicant: Charles Walter, Jr. & Barbara Zoellner
Location: 216 Clarke Drive
Description: To rezone property from R-2 Two-Family Residential District to R-3
Moderate Density Multi-Family 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
Doris Hingtgen, representing Charles Walter and Barbara Zoellner, stated that the
rezoning is necessary to enable the applicants to convert the existing single-family
home to a 7 room bed and breakfast inn.
Staff Member Hemenway reviewed the request noting the location of the property, the
number of rooms within the proposed bed and breakfast and parking requirements. He
reviewed the surrounding land use and zoning and noted that there is adequate off-
street and on-street parking for the proposed facility. He stated that the Zoning Board of
Adjustment had approved a conditional use permit for the bed and breakfast contingent
upon rezoning, historic designation, and requiring an on-site manager.
There were no public comments.
The Commission questioned the square footage of the home, as it relates to bed and
breakfast requirements. Staff Member Hemenway clarified the requirement.
Commissioners stated that they have no objection to the request.
Service People Integrity Responsibility ~ Innovation
The Honorable Mayor and City Council Members
216 Clarke Drive Rezoning
Page 2
Recommendation
By a vote of 6 to 0 the Zoning Advisory Commission recommends that the City Council
approve the request, as submitted.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
Eugene Bird Jr., Chairperson
Zoning Advisory Commission
Attachments
F:\USERS1Kmunson\WP\City Council\CC 03_17_08\Watter Zcellner Rezoning (216 Clarke Dr) 03_03_0$.doc
Service People Integrity Responsibility Innovation Teamwork
Prepared by: Laura Carstens. Cily Planner Address: CiN Hall. 50 W. 13th St Telephone: 589-4210
Retum to: Jeanne Schneider, City Clerk, City Hall- 50 W. 13 Steet, Dubuque, IA 52001-4864 563-589-4121
ORDINANCE NO. 23-08
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 216 CLARKE DRIVE FROM R-2 TW0-FAMILY RESIDENTIAL
DISTRICT TO R-3 MODERATE 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-2 Two-Family Residential
District to R-3 Moderate Density Muki-Family Residential District, to wit:
Lot 22, Lot 23 and North 46' of Lot 25 LH Langworthy's Subdivision, and to the center
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 effect immediately upon publication, as provided by law.
Passed, approved and adopted this 17th day of March, 2008
Roy D. Buol, Mayor
Attest:
Jeanne F.Schneider, City Clerk
F:\USERSU(munsan\WP\Boards-Commissions\ZAC\Ordinances_Resolutionsl0rdinances_Resolutions\216 Clarice Drive Rezoning 02_26_08.dac
THE CITY OF
DuB E
~~iOWVrq, ~ a~~iuti
U~ ~/ PLANNII
^ Variance Rezoning
^ Conditional Use Permit ^ Planned District
^Appeal ^Preliminary Plat
^ Special Exception ^ Minor Final Plat
^ Limited Setback Waiver ^Text Amendment
City of Dubuque
Planning Services Department
Dubuque, IA 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
VG APPLICATION FORM
^ Simple Site Plan ^ Annexation
^ Minor Site Plan ^ Temporary Use Permit
^ Major Site Plan ^ Certificate of Economic Non-Viability
^ Major Final Plat ^ Certificate of Appropriateness
^ Simple Subdivision ^ Other:
Please tvoe or pri~n/t~,l_egi_bly in ink Q _ A_~~
Property owner(s):Vy ~'~~/J ~' 1/VCt~-~C~ ~r ~ ~-~Q~ZOG(F~ (1'~~ Phon 3 5Z, ~~ ~Z ZDv
Address: ~g'~C7 SE ~10~h Ter city: d c~,C.e.. State: ~~- zip: 3 y~~2-
Fax Number: (35Z~ Z~15' 2?~c7 Mobile/Cellular Number: ~, ~~ Z I ~'"~ ~ ~~
Applicant/Agent: c~Q~YYl2, Q/.~- ac,~O V2 Phone:
Address:
Fax Number:
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Mobile/Cellular Number:
Site location/address: Z I ~ G 1~-.. k• L. k./r : V '~-
Existing zoning: ~2- Proposed zoning: ~_ Historic District: Landmark:
Legal Description (Bidwell parcel ID# or lot number/block number/subdivision):
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Total property (lot) area (square feet or acres): I y 5X I b S
Describe proposal and reason pecessary (attach a letter of explanation, if needed):
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CERTIFICATION: I/we, 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
3. All additional required writt a graphic materials are attached.
Properl~j (~ u~(~C/Q/~'1~ ~ - te: ~ IZ.31 O~
Applicant/Agent: Date:
FOR OFFICE USE LY - LICAT ON SUBMITTAL CHECKLIST
Fee:3~c.`'`~ Received b ~ ~ Date: ~~~•Z~oY Docket:
^ Site/sketch plan ^ C ncep I evelopment Plan ^ Photo ^ Plat
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REZONING STAFF REPORT Zoning Agenda: March 5, 2008
Property Address: 216 Clarke Drive
Property Owner. Charles Walter, Jr. & Barbara Zoellner
Applicant Charles Walter, Jr. & Barbara Zoellner
Proposed Land Use
Bed & Breakfast
Proposed Zoning: R-3
Existing Land Use
Adjacent Land Use:
Single-Family Residence
North -Residential
East -Residential
South -Residential
West -Residential
Former Zoning: 1934 -Two-Family; 1975 - R-4; 1985 - R-2
Total Area: approximately 25,800 square feet
Existing Zoning: R-2
Adjacent Zoning: North - R-2
East - R-2
South - R-2
West - R-4
Property History: The property was platted as part of the original LangworthyAddition in the
mid 1800's. A large single -family residence was built here in 1850. The property has
remained asingle-family residence since then.
Physical Characteristics: The subject property is a relatively level, approximately 'h acre lot
located at the intersection of Clarke Drive and North Main Street. The property has an
approximately 3,200 square foot, two-story residence with detached approximately 1700
square foot six-car garage. The property has approximately 200 feet of frontage along
Clarke Drive and 100 feet of frontage along North Main Street.
Concurrence with Comprehensive Plan: The Land Use Map of the Comprehensive Plan
calls for this area to be single- and multi-family residential development. The
Comprehensive Plan encourages the concept of mixed-use development to diverse and self-
sufficient neighborhoods and it recommends that incompatible uses be buffered from each
other.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site.
Traffic Patterns/Counts: Rezoning at this property should create very little additional
traffic in the neighborhood.
Public Services: Existing public services are adequate to serve the site.
Environment: Staff does not anticipate any adverse impact to the environmentas no
additional development is anticipated for this property.
Rezoning Staff Report- 216 Clarke DrivePage 2
Adjacent Properties: The property owner's intention is to convert the property to a 7
guest room bed and breakfast. This will generate slightly moreactivity, local traffic and
demand on parking in the neighborhood. The additional demand on parking, however,
can be satisfied along the block face along Clarke Drive and North Main Street, within
an existing 6 car garage, and on the 1,100 square foot paved parking pad.
CIP Investments: None proposed.
Staff Analysis: The applicant is proposing to rezone an approximately 25,800 square foot
lot with a residence and detached garage from R 2Two-Family Residential District to R 3
Moderate Density MultfFamily Residential District. The applicant's intent is to convert the
existing single-family home to a 7 room bed and breakfast witha full-time resident manager.
If subdivided, it may be possible to get up to 7 residential unitswith required parking on this
property.
Based on zoning ordinance requirements for a bed and breakfast, the property will have
surplus parking for the facility. Current ordinance requirements stipulate that the proposed
bed and breakfast provide 9off-street parking spaces-two for the full-time resident
manager, and one for each guest room. The existing site has 9 offstreet parking spaces. In
addition to the 9off-street parking spaces, there are seven on-street parking spaces along
the street frontage of Clarke Drive and two on-street parking spaces along North Main
Street. Unlike most commercial uses, theOrdinance allows bed and breakfast
establishments to count on-street parking toward their parking requirement.
The subject property is located in amixed-density residential neighborhood with single, twa
family and multifamily residences located on R 2, R-3 and R-4 zoned properties. Currently,
North Main Street, at this location, is a dead end street with a cu~de-sac that serves five
residences and provides access to Madison Park. Therefore, there is usually little traffic
along this portion of North Main Street. Also, most of the multifamily housing across Clarke
Drive from the subject property that would compete for or}street parking provides off-street
parking in the form of parking lots and garages.
Staff recommends the Zoning Advisory Commission review Section 61.1 regarding
rezoning.
Prepared by: i Reviewed: / • Date: ~ Z 7' Oa
SUCTION 3. DISTRICT REGULATIONS
3.1. Residential Districts:
3-1.4. R-3 Moderate Density Multi-Family Residential District:
(A) General Purpose And Description: The R-3 district is intended to provide residential areas of
moderate density developments which may include a variety of dwelling types ranging from
single-family to low rise multi-family dwellings.
(B) Principal Permitted Uses: The following uses shall be permitted in the R-3 district:
(1)Single-family detached dwellings- [11].
(2) Two-family dwelling (duplex)-[11].
(3) Multi-family dwelling (maximum 6 dwelling units)-[9].
(4) Townhouses (maximum 6 dwelling units)-[11].
(5) Churches, convents, and monasteries-[5].
(6) Cemeteries, mausoleums, columbariums-[47].
(7) Public and private/parochial schools approved by Iowa state board of public instruction
(8) Public or private parks, golf courses, or similar natural recreation areas- [47].
(9) Railroads and public or quasi-public utilities including substations-[47].
(10) Noncommercial nurseries and gardens-[n/a].
[ ]Parking group-See section 4-2 of this ordinance.
(C)Accessory Uses: The following uses shall be permitted as accessory uses as provided in
section 4 of this ordinance:
(1) Attached garages.
(2) Detached garages.
(3) Noncommercial greenhouses.
(4) Solar collectors.
(5) Wind generators.
(6) Satellite receiving dishes.
(7) Storage buildings.
(8) Readily movable sports, recreation, or outdoor cooking equipment.
(9) Tennis courts, swimming pools and similar permanent facilities.
(10) Home occupations.
(11) Noncommercial gardens and nurseries.
(12) Off street parking and storage of vehicles.
(13) Fences.
(14) Garage sales or rummage sales provided that not more than three (3) such sales shall be
allowed per premises per calendar year and not more than three (3) consecutive days per sale.
(D) Conditional Uses: The following conditional uses are permitted in the R-3 district, subject to
the provisions of section 5 of this ordinance and are the minimum requirements for
application to the board of adjustment for a conditional use permit:
(1) Individual zero lot line detached dwellings, provided that:
(a) The adjoining property owner, on the zero lot line side, agrees to the property line
location and to providing a five foot (5') maintenance easement prior to board review;
and
(b) The roof overhang shall not extend across the property line; and
(c) A minimum of six feet (6') can be maintained between homes and other structures.
(2) Group homes, provided that:
(a) Not less than six hundred fifty (650) square feet of lot area be provided per resident;
(b) The parking group requirements can be met-[4];
(c) Signs shall not be permitted except for nameplates.
(3) Bed and breakfast home, provided that:
(a) The structure is either regulated by the historic preservation ordinance or is listed on
the national register of historic places;
(b) The property has a full time resident owner or resident manager;
(c) The structure has a minimum total floor area of four thousand five hundred (4,500)
square feet, with not more than one sleeping room for each seven hundred fifty (750)
square feet of floor area, with a maximum of nine (9) sleeping rooms;
(d) Signage shall be limited to one wall mounted, projecting sign with not more than a
forty inch (40") projection, or freestanding sign, per street frontage not to exceed six (6)
square feet in area, not internally illuminated, and with direct lighting only with sharp
cutoff luminance;
(e) The permit shall not license the property for rental as a private club, museum, or tour
home; and
(f) Parking shall be provided at a rate of one space per guest room. The parking shall be
provided on site or on a street frontage of the property, and should not intensify parking
problems in the neighborhood.
(4) Hospice, provided that:
(a) The parking group requirements can be met-[2];
(b) Signs shall not be permitted.
(5) Group daycare center provided that:
(a) Forty (40) square feet of indoor floor area (excluding halls and bathrooms) is provided
per child in areas occupied by cribs, thirty five (35) square feet of indoor area (excluding
halls and bathrooms) is provided per child in areas not occupied by cribs times the
licensed capacity and seventy-five (75) square feet of fenced outdoor recreation space is
provided per child using the space at a given time;
(b) The parking group requirements can be met-[8];
(c) Such facility shall supply loading and unloading of children so as not to obstruct
public streets, or create traffic or safety hazards;
(d) All licenses have been issued or have been applied for awaiting the outcome of the
board's decision; and
(e) Signage shall be limited to one (1) nonilluminated, wall-mounted sign not to exceed
four (4) square feet in area.
(6) Roominglboarding houses, maximum ten (10) roomers, provided that;
(a) The parking group requirements can be met-[4];
(b) The owner or manager of said use shall maintain a permanent residence on site.
(7) Nursing or convalescent home, provided that:
(a) The minimum lot size for such use shall be forty thousand (40,000) square feet;
(b) A minimum lot frontage of one hundred (100) feet shall be maintained; and
(c) The parking group requirements can be met-[2];
(8) Housing for the elderly and persons with disabilities, provided that:
(a) The parking group requirements can be met-[3].
(9) Mortuaries and funeral homes, provided that:
(a) A minimum lot size of twenty thousand (20,000) square feet shall be provided;
(b) A minimum lot frontage of one hundred (100) feet shall be maintained;
(c) The forty (40) percent maximum lot coverage shall not be exceeded;
(d) A site plan shall be provided showing the proposed layout of the buildings, parking
area, drive aisles, and required screening and landscaping according to the site plan
provisions of section 4-4 of this ordinance;
(e) The parking group requirements can be met-[12].
(10) Off-street parking of operable automobiles to serve a permitted or conditional use in an
abutting office, commercial (except C-1 District), institutional or industrial district, provided
that:
(a) No structure other than a screening or security fence or wall shall be erected on the
premises;
(b) Signage shall be limited to one (1) freestanding sign of no more than six (6) square
feet in size per drive opening, identifying the parking use, providing directions or
marking entrances and exits thereto;
(c) A site plan shall be submitted and approved as provided in Section 4 of this
ordinance.
(11)Off-premise residential garage, provided that:
(a) It is incidental and subordinate to a permitted residential use and located on a lot
within three hundred (300) feet of the residential use it serves;
(b) It is owned and maintained by the property owner within three hundred (300) feet of
the residential use it serves;
(c) Such use shall be designed, constructed and maintained in harmony with the
residential setting in which it is located;
(d) No such use shall exceed seven hundred and twenty (720) square feet of floor area per
dwelling unit and a height of fifteen (15) feet;
(e) No commercial storage, sales or home occupations shall be permitted within such
structure;
(f) No outside storage shall be permitted in conjunction with such use;
(g) A site plan shall be submitted as provided for in section 4-4 of this ordinance.
[] Parking group-See section 4-2 of this ordinance.
(E) Temporary uses: The following uses shall be permitted as temporary uses in the R-3 District:
(1) Building or trailer for storage of materials and/or equipment necessary for construction
authorized by a valid building permit, provided the location of the building or trailer has
been approved by the building official.
(F) Bulk regulations:
Front Yard Setbacks
Lot Area
In Square Lot Coverage Rear Yard Building
R-3 DISTRICT Feet Frontage As % Side Yard Setback Height In
BULK REGULATIONS x 1,000 In Feet Lot Area Min. Max. Setback % Depth Feet
Permitted Uses
Single-family residential 5 50 40 20 50 4 20 30
Two-family residential 5 50 40 20 50 4 20 30
Multi-family residential
(maximum 6 DU) 3.2/DU 50 40 20 4 20 30
Townhouse
(maximum 6 DU) 2.5/DU 16/DU 40 20 4/0 20 30
Church 20 100 40 20 20 20 20
(see section 2-5.10)
Conditional Uses
Individual zero lot line 5 50 40 20 50 10/0 20 30
Group home 5 50 40 20 4 20 30
Hospice 5 50 40 20 4 20 30
Rooming boarding house 5 50 40 20 4 20 30
Nursing home 20 100 40 20 20 20 30
Mortuary, funeral home 20 100 40 20 20 20 30
Off-premises
residential garage 20 100 40 20 20 20 30
(G)Parking requirements. See section 4-2 of this ordinance.
(H) Signs. See section 4-3 of this ordinance.