Request to Rezone 989 Langworthy StreetPrepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider, City Clerk Address: Citv Hall- 50 W. 13th St Telephone: 589-4121
ORDINANCE NO. 50- 08
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT 989 LANGWORTHY FROM R-2 TWO-
FAMILY RESIDENTIAL DISTRICT TO OR OFFICE RESIDENTIAL/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-2 Two-Family Residential District to OR Office Residential/High Density
Multi-Family Residential, to wit:
Lot 4 of Massey Height and Lot 2 of 2 of 2 of 2 of 9 of Mineral Lot 73, and to
the centerline 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 21st day of July, 2008.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Plaiu-ing Services Department
City Hall
50 West 13~ Street
Dubuque, IA 52001-4864
(563) 589-4210 phone
(563) 589-4221 fax
(563) 690-6678 TDD
planning@cityofdubuque.org
THE CT!'Y OF Dubuque
DUB E
Masterpiece on the Mississippi ' ~ ~ I I ~
2'007
July 8, 2008
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
Applicant: Dr. William May
Location: 989 Langworthy Street
Description: To rezone property from R-2 Two-Family Residential District 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
The applicant spoke in favor of the request. He provided a site plan to the Commission. He
explained the expansion of his practice. He stated he has purchased additional land for this
expansion. He reviewed adjacent land use and zoning, and where screening would be provided.
Staff reviewed the request, noting the surrounding institutional uses and parking and single
residential use. He noted an a-mail from the adjacent residential property owners in objection. He
reviewed required screening along the residential property.
There were no public comments.
The Zoning Advisory Commission discussed the request, noting that the request is reasonable, and
that the required screening will minimize impact.
Recommendation
By a vote of 7 to 0 the Zoning Advisory Commission recommends that the City Council approves
the request.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
~/rY~-
Jeff Sti es, Chairperson
Zoning Advisory Commission
F:\USERS\KmunsonlWP\City Council\20081CC 07_21_08\Rezoning 989 Langworthy Street (May) cc.ltr.doc
Service People Integrity Responsibility Innovation Teamwork
THE CTTY OF
DUB E
Masterpiece on t)ze Mississi~~i
Dubuque
~_
iIII'I
Zoos
PLANNING APPLICATION FORM
^Variance
^Conditionai Use Permit
[]Appeal
[[ Special Exception
^Limited.Setback Waiver
®Rezoning
^Planned District
^Preliminary Plat
^Minor Final Plat
^Text Amendment
^Simple Site Plan
^Minor Site Plan
Please tv or print legibly in ink
Phone:
Properly owner(s): _ l~ ~+ ~ W ~ (LSAI`~1 M,~'1, Phone: .> ~3 ''2 C~
Address ~~~ ~-/"~ G"~~ ~i7r City: /-~U~~~~-G State• -~~ Zip: -~Qd
Fax Number:
Applicant/Agent:
Address:
City:
State: Zip:
City of Dubuque
Planning Services Department
Dubuque, IA 52001-4864
Phone:563-589-42I0
Fax: 563-589=4221
Fax Number: Cellular Number: E-mail Address:
Site location/address: ~~/ ~~"" ~~~ ~~ l
Existing zoning: ~~ Proposed zoning: ~ ~ Historic District: '~ Landmark:
Legal Description (Bidwell parcel ID# or !ot number/block number/subdivision): ~ d ~ ~ ~'~~S r~% ~~..1-c~ l ~~ J
Total property. (tot) area (square feet or acres): ~~, ~ ~~
Describe proposal and reason necessary (attach a letter of explanation,, if needed): ~ C~c /e ~n
~ h,~-.~, ~ r v ~'~t Tn IZE2~l~ ti'rt~ r-~1 17 ~ Z_ ?.~ 6 ~_
the undersigried, do hereby certify that:
1. It is the property owner's responsibility to locate property lines and to check your 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:
Applicant/Agent: _ ---- -Date:
~ =~' ~
FOR OFFICE USE ONLY -APPLICATION SUBMITTAL CHECKLIST
Fee~3~0. ~~ Received by: ~~ Date: ~' ~ 8 BDocket:
Cellular Number: ~ E-mail Address:
^Major Site flan ^Certificate of Economic Non-Viability
^Major Final Piat ^Certificate of Appropriateness
^Simple Subdivision Historic Designation 1 ~ Q~
^i4nnexation ,Neighborhood Association 'V f l
^Temporary Use Permit ^Other:
^ Site/sketch plan^ Conceptual Development Plan ^Photo ^ Plat
^ Improvement plans ^ Design review project description ^ Floor plan ^ Other:
THE CITY OF
I~UB .~
Masterpiece on the Mississippi
Rezoning
Vicinity Map
Applicant: Dr. William May
POS
C-
Base Map Provided by Dubuque County GIS
Location: 989 Langworthy Street
Dubuque
~~ ~~
2007
Description: To rezone property from R-2
Two-Family Residenial District to OR Office
Residential District.
...~ Proposed Area to be Rezoned
,Zoning Boundary
C-3 `
H:\Planning/Services\Vcinity Maps\ZNC vicinity Maps\989 Langworthy Rezoning 06_12_08
^
238
224
1033
~NGW~RTHY
1036
983
968
168 968
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990
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988 988
988 988
988 988
158 0 25 50 100 Feet
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Page 1 of
Guy Hemenway -Public hear of Wed July 2, 2008 William May
From: <RFM84@aol.com>
To: ~ <ghemenwa@cityofdubuque.org>
Date: 06/17/2008 5:01 PM
Subject: Public hear of Wed July 2, 2008 William May
To the Zoning Advisory Commission and The Dubuque City Council.
Because I may not be able to make these meetings, I respectfully request your consideration as to the matter of rezoning the
property at 989 Langworthy from R-2 Two Family Residential to OR Office Residential District.
I purchased my home in 1973 and have never had any issues with the Hospital as one by one the homes around me were
bought by them and razed. A few years ago I attempted to purchase the land in question from Mercy but they told me it was not
for sale, later they sold it to William May.We are the only family home directly adjacent to the property in question.
oppose the zoning change for the following reasons......
It will decrease the value of my property, impact my privacy and quality of life in addition to being a safety hazard for us and
our grandchildren.
As an interested observer (because prior to this attempt William May tried to get a variance to the zoning which was denied) I
have watched the current parking situation for 2 months and not once have I observed a full lot.
Carol and I love our home and because Carol works at Mercy its location is ideal for us. We respectfully ask that you deny this
request
Thank you
Richard and Carol McGrane
1019 Langworthy
Dubuque, Iowa 52001
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ile://C:\Documents and Settings\ghemenwa\Local Settings\Temp\XPgrpwise\4857EDFADBQ_DODBQ_... 06/18/200f
REZONING STAFF REPORT Zoning Agenda: July 2, 2008
Property Address: 989 Langworthy
Property Owner: Dr. William May
Applicant: Same
Proposed Land Use: Office
Existing Land Use: Vacant
Adjacent Land Use: North -Institutional/Office
East -Institutional/Ofhce
South - Institutional/Office
West -Residential
Former Zoning: 1934 -Two-Family
1975 - R-3; 1985 - R-2
Proposed Zoning: OR
Existing Zoning: R-2
Adjacent Zoning: North - ID
East - I D
South - ID
West - R-2
Total Area: Approx. 4,200 sq. ft.
Property History: The property was originally subdivided in the late 1800s as part of the
Langworthy Subdivision. Single-family homes were built in this location circa 1920.
The single-family home on the subject lot was demolished in the early 1990s and the
single-family home directly to the east of the subject property was demolished after
1996, and redeveloped as a medical clinic. The subject lot has remained vacant from
the time of the demolition in the early 1990s until the present.
Physical Characteristics: The property is approximately a 4,200 square foot lot with 40
feet of frontage along Langworthy Street with an average depth of 110 feet. The lot is
at grade with the adjacent medical facility and slopes slightly up to the adjacent
residential lot.
Concurrence with Comprehensive Plan: The Comprehensive Plan calls for creation
of opportunities for convenient and concentrated commercial development, and to
provide opportunities for neighborhood commercial centers and to assure compatibility
with adjacent residential property. The draft Future Land Use Plan calls for this
property to be single-family or two-family residential.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site.
SECTION 3. DISTRICT REGULATIONS
3-2. Office Districts:
3-2.1.OR Office Residential District:
(A) General Purpose And Description: The office/high density multi-family residential district is
intended to encourage and permit a mixture of compatible office uses with high density
multi-family uses in the existing built city. The 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. This district should serve as a transition zone between
commercial and single- and two-family residential areas through the adaptive reuse of
existing building stock, which will normally be residential in character. Development
standards should remain flexible to allow conservation and reuse of existing buildings. This
district should generally be located in areas abutting arterial and/or collector streets which
are, because of location and trends, suitable for development of low intensity office uses, and
high intensity residential uses.
(B) Principal Permitted Uses: The following uses shall be permitted in the OR district:
(1) One- and two-family dwelling units within existing structures only-[9].
(2) Multi-family dwellings-[9].
(3) Townhouses (3 or more laterally attached units)-[9].
(4) Rooming boarding houses-[4].
(5) Nursing or convalescent homes-[2].
(6) Housing for the elderly and persons with disabilities-[3].
(7) Mortuaries and funeral homes-[12].
(8) Noncommercial art galleries, museums and libraries-[13].
(9) Artist studio-[5].
(10) General offices-[14].
(11) Personal services-[14].
(12) Churches, convents, and monasteries-[7].
(13) Schools of private instruction-[4].
(14) Public and private/parochial schools approved by Iowa state board of public instruction
(15) Railroads and public or quasi-public utilities including substations-[47].
[ ]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:
square feet in area, not internally illuminated, and with direct lighting only with sharp cut
off luminance;
(e) The permit shall not license the property for rental as a private club, museum, or tour
home unless approved by the board; 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.
(3) Hospice, provided that:
(a) The parking group requirements can bemet-[2].
(4) Group day care 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; and
(d) All licenses have been issued or have been applied for awaiting the outcome of the
board's decision.
(5) Private clubs, provided that:
(a) The parking group requirements can be met-[20].
(6) Off-street parking of operable automobiles to serve a pemutted or conditional use in an
abutting office service, 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.
(7) Off-premises residential garages, 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;
(F) Bulk Regulations:
Front Yard Setbacks
Lot Area
In Square Lot Coverage Rear Yard Building
OR 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
General offices 50 20 3 * 20 40
3+ family residential 1.2/DU 50 50 20 3* 20 40
Townhouse
(3+ lateral attached) 1.2/DU 16/DU 50 20 0/3* 20 40
Rooming and
boarding house 5 50 50 20 3* 20 40
Nursing/ 10
convalescent home 100 50 20 3 * 20 40
Housing, elderly 10 3 * 20 40
Mortuaries/funeral homes 50 20 3 * 20 40
Noncommercial
art galleries 50 20 3 * 20 40
Museum, library ~ 60 30 3* 20 40
Artist studio 50 20 3* 20 40
School of
private instruction 50 20 3* 20 40
Church 20 100 50 20 10 20 40
(see section 2-5.10)
Conditional Uses
Group homes 5 50 50 20* 20 40
Bed/breakfast homes 20
Hospice 5 50 50 20 20* 20 40
Group day care center 50 20 20* 20 40
Private club 50 20 20* 20 40
Barber/beauty shop 50 20 20* 20 40
Off-premises
residential garage 50 20 20 6 15
Photographic studio 50 20 20* 20 40
Parking structure 50 - 20 20 6 40
*Plus one (1) additional foot per floor abo ve the second floor.
Except where abutting a residential district, then six-foot side yard setback
required.
(G) Parking requirements. See section 4-2 of this ordinance.
(H) Signs. See Section 4-3 of this ordinance.
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CITY OF DUBUQUE,
IOWA .
OFFICIAL NOTICE
NOTICE is hereby given
that the Dubuque City
Council will conduct a .
public hearing at a meeting
to commence at 6:30 P.M.
on July 21, 2008, in the
Historic Federal Building,
350 West 6th Street, on
the following:
Request of Dr. William
May to rezone property lo-
cated at 989 Langworthy
Street from R-2 Two-
. Family Residential District
to OR Office Residential
District.
Request of Charles
Daoud to rezone property
located east of Keymont
Drive from R-1 Single -
Family Residential District
to R-2 Two -Family Resi-
dential District.
Request of the City of
Dubuque to amend Ap-
pendix A (the Zoning Ordi-
nance of the City of Dubu-
que Code of Ordinances)
by adopting the Bluff Over-
lay District. supporting
Copies of supp g
documents for the public
hearings are on file in the
City Clerk's Office . and
may be viewed during nor-
mal working hours.
Written comments re-
garding above reclassifi-
cations/ amendments may
be submitted to the City
Clerk's Office on or before
said time of public hearing.
At said time and place of
public hearing all interest-
ed citizens and parties will
be given an opportunity to
be heard for or against
said reclassification.
Any visual or hearing im-
paired persons needing
special assistance or per-
sons with special accessi-
bility needs should contact
the City Clerk's Office at
(563) 589-4120 or TDD
(563) 690-6678 at least 48
hours prior to the meeting.
/s/JeaneMC,City Clerk
C
it 7/11
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: July 11, 2008, and for which the charge is $18.14.
C a
Subscribed to before Notary Public in and for Dubu ue County, Iowa,
this // day of 20 Qr .
Notary Public in and for Dubuque County, Iowa.
MARY K. WESTERMEYER
Commission Number 154885
v Comm. Exp. FEB. 1, 2011