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Request to Rezone - Northwest Corner of Asbury Road-Evergreen Drive_Ehrlich Copyrighted April 17, 2017 City of Dubuque Public Hearings # 1. ITEM TITLE: Request to Rezone - Northwest Corner of Asbury Road and Evergreen Drive SUMMARY: Proof of publication on notice of public hearing to consider approval of a request from Rick Ehrlich to rezone property located at the northwest corner of Asbury Road and Evergreen Drive from R-2 Two-Family Residential to OR Office Residential, to construct a building to accommodate a home office 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 the northwest corner of Asbury Road and Evergreen Drive from R-2 Two-Family Residential District to OR Office Residential District SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type ZAC Letter Staff Memo Applicant Materials Supporting Documentation Vicinity map Supporting Documentation Staff Materials Supporting Documentation Ordinance Ordinance Proof of Publication Supporting Documentation Suggested Motion Wording Supporting Documentation Planning Services Department Dubuque City Hall Il THE CITY OF 50 City estHa 13�Street wNrelcaWr �T T� Dubuque,IA 52001-4864 I I I'r U (563)589-4210 phone (563)589-4221 fax ror-M,-mo Masterpiece on the Mississippi (563)690-6678 TDD planning@cityofdubuque.org April 7, 2017 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 Applicant: Rick Ehrlich Location: Northwest corner of Evergreen Street and Asbury Road Description: To rezone from R-2 Two-Family Residential to OR Office Residential to construct a building to accommodate a home office 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 to rezone the property to Office Residential to allow the construction of a small office for his wife's real estate business. He indicated the building would be designed to blend into the neighborhood, would comply with SUDAS, and would require a site plan to meet City development standards. Staff reviewed the staff report, noting two previous rezoning requests for the property, the allowed uses in the Office Residential district, parking standards, setbacks, access and vehicle counts for Asbury Road. Staff noted the receipt of a letter in opposition. There was one public speaker who opposed the request, noting concerns regarding traffic, signage, and additional curb cuts on Asbury Road. The speaker stated he preferred the neighborhood remain residential. The Zoning Advisory Commission discussed the request, reviewing allowed signage in the OR District, criteria for determining where OR Districts should be located, potential impact of the proposal on traffic and surrounding residential properties, and the location of the existing business along Asbury Road. Recommendation By a vote of 5 to 1, the Zoning Advisory Commission recommends that the City Council approve the request. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, Thomas Henschel, Chairperson Zoning Advisory Commission Attachments cc: Gus Psihoyos, City Engineer Service People Integrity Responsibility Innovation Teamwork THE crrY oe _ City of Dubuque DUT 7 Planning Services Department B E Dubuque,IA 52001-4805 Masterpiece on the Mississippi Phone: 563-589-4210 Fax: 563-5894221 Planning(abcitvofdubuque oro 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 (]Rezoning/PUD/ID ❑Major Site Plan ❑Historic Housing Grant ❑Port of Dubuque Design Review Please tune or print leaibty in ink Property owner(s):Ehrlich Properties, L.L.C. Phone: 563-556-0467 Address:10662 Diesel Dr. Citv.Dubuque state:lA Zip:52001 Fax#:---------------- cell #: 563-213-0072 E-mail: ehrlichco@aol.com Applicant/Agent: Rick Ehrlich Phone: 563-213-0072 Address:558 Mill Run City.Dubuque state:lA Zip:52002 Fax#: Cell #:563-213-0072 E-mail: ehrlichco@aol.com Site location/address: Comer of Asbury Rd. &Evergreen Dr. Neighborhood Association: Select Existing zoning: R-2 Proposed zoning:OR District: Select Landmark: El Yes ®No Legal Description(Sidwell parcel ID#or lot number/block number/subdivision): 1022109020 Total property(lot)area(square feet or acres): 8,250 sq. ft.-----0.19 acres Describe proposal and reason necessary(attach a letter of explanation,if needed): Proposing zoning change to OR- office/residential. Owener would like to construct a building which would fit in nicely with the surrounding residential homes to use as an office. 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 the 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): /f`i./,.l P,We,.4,.�, LLc �T Date: -2 is-/ Applicant/Agent: /`�—r/C �L � Date: 2- /S-./ FOR OFFICE USE ONLY—APPLICATION SUBMITTAL CHECKLIST lee-*. & Received by:� Date: —A —4�ocket: CLQ.--�- 133a i r _ rth t n THFCIIT'Y7OF Dubuque DVB E ISI r r Masterpiece on the Mississippi Vicinity Map Applicant Property d I City of Dubuque Rezoning Applicant: Rick Ehrlich Location: NW Corner of Evergreen Street r t &Asbury Road (PIN # 10-22-109-020) 40i, X .��. r W... Description: To rezone from R-2 Two-Family r e v,r / 1r. �T Residential to OR Office Residential, to r construct a building to accommodate a :y i home office. **:A Zoning district. Legend Applicant Property i • � ' � j f� //////hhh...''',��''' 200 Foo[Notification Area Notified Properties DISCLAIMER This Intonation was comgled usln9the aJ �_� • '/ �•;,� Dubuque Area Geographic mrommnon System(DAGI5).which i. ` /- ^ u�;, a- 't includes data treated by both the City or Dubuque and Du'a counry irz understood mat while ma edrm r A Duddd accu doh ro r g d rl acn kWrtrnad / e not intonation una yof Me do ipordeft .a not warremme c re Cir v ran r ranch nordah / •� J \. '� call harem,*n City a o n e r q a limn nm ••` :. be Nm ilabi t nd d g a a,' 'e t queel of n ^� • r • —/ e �T $} ��r�r�eseeeeieeemedamages. gW ohne dh foreseeablerrr d worded N r I " �/�. ✓ use ohms dam mmeinebmrym etnzdem orow or any y' . ✓. breech orwa.ramy wb.r.orer I �' � •,Map created by f;ity�i Dubuque Gh .�. Section 2 Land Use Regulations Chapter 5: Zoning Districts ®rl� 5-7 OR Office Residential The OR District is intended to serve as a transition zone between commercial and single- 70 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 nt 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, suita- Townhouse ble 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 7. Mortuary or funeral home General office 8 Multiple-family dwelling 9. Nursing or convalescent home 10. Parking structure 11. Place of religious exercise or religious assembly ? a.° 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-or 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 boardinghouse 11. Tour home 12. Tourist home ■ 4` 13. Wind energy conversion system 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 msc`rcoe DUB E Section 2—Land Use Regulations Chapter 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 8. 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) 14. Solar Collector(freestanding array[s] are limited to not more than 1000 aggregate square feet and 10 feet in height). 5-7.4 Temporary Uses Temporary uses shall be regulated in conformance with the provisions of Section 3-19. 5-7.5 Parking f; Minimum parking requirements shall be regulated in conformance with the provisions of Chapter 14. 5-7.6 Signs Signs shall be regulated in conformance with the provisions of Chapter 15. THECF OF DUB E Section 2—Land Use Regulations Chapter 5: Zoning Districts 5-7.7 Bulk Regulations Setbacks Max Lot i OR OfficelResidential overage Min Lot Frontage C Permitted Uses i General office - --- 50 20 --- 3 10 40 j Hospice 5,000 50 50 20 --- 3 10 40 Housing for the elderly or disabled 10,000 - --- --- 31 10 40 I Medical office - - 50 20 --- 3 10 40 -- ' Mortuary,Funeral home --- --- � 50 20 --- 31 10 40 Multi-family 1,200/du 50 50 20 — 3 10 40 Nursing orconvalescent home 10,000 100 50 20 ___T0__40 Place of religious exercise or - assembly,School 20,000 100 50 20 --- 3 10 752 Single-family detached dwelling 5,000 50 50 20 50 3 10 40 Townhouse 1,200/du 16/du 50 20 --- 3/0 10/0 40 Two-family dwelling 5,000 50 50 20 50 3 10 40 All other permitted uses -- --- 50 20 --- 3 10 40 Conditional Uses Bed and breakfast home 5,000 50 50 20 50 3M!4 Bed and breakfast inn --- --- 50 20 50 3 Group home 5,000 50 50 -- 3Licensed adult day services, Licensed child care center 5,000 50 50 20 --- 3Off-premise residential garage --- --- 50 20 --- 3Photographic studio --- --- 50 20 --- 340 Private club --- -- 50 20 --- 3 10 40 Rooming or boarding house 5,000 50 50 20 --- 3 10 40 When abutting a residential district,a sixfoot side setback is required. 7Maybe erected to a height not exceeding 75 feet,provided that such buildings shall provide at leastone additional foot of yard space on all sides for each addifional foot bywhich such building exceeds the maAmum height limit of the district in jwhich it is located. RequiiiYRear- ;y;,------------- Midpoint _ Setback i �Ift Lot Area 'TRS Hei ht kUJj'6j Wal 1 1 Shed Roof 1 w; c Mid Height m lnj — o Gable or HipRoof j y L _ rtleitght Decidme Required Tri Mansard or Gambrel Roof Setback ' Lot Width —THiyheet Level Lot Frontage Height StreetE]at Roof Street rHecrrvoe DUB E ' REZONING STAFF REPORT Zoning Agenda: April 5, 2017 Property Address: NW Corner of Evergreen Street and Asbury Road (Parcel #10- 22-109-020) Property Owner: Rick Ehrlich Applicant: Same Proposed Land Use: Office Proposed Zoning: OR Existing Land Use: Vacant Existing Zoning: R-2 Adjacent Land Use: North — Residential Adjacent Zoning: North — R-1 East— Residential East— R-1 South — Residential South — R-1 West— Residential/Church West— R-1 Former Zoning: 1934 — SF Total Area: 8,396 sq.ft. 1975 — R-2 1985 — R-1 Property History: The property was originally part of the Clarence Arlen Place subdivision and a farmstead was built here in 1861. In the 1950's the surrounding property was subdivided and houses built on the Clover Hills Subdivision in the 1960's. The farmstead remained on a 15,000 square foot lot and retained an 8,400 square foot vacant lot adjacent to the property. In November of 2015 the subject lot was rezoned from R-1 Single-Family Residential to R-2 Two-Family Residential district. The subject lot has remained vacant to the present. Physical Characteristics: The subject property is a relatively level 8,400 square foot vacant corner lot with 75 feet of frontage along Asbury Road and 112 feet of frontage along Evergreen Street. Concurrence with Comprehensive Plan: The comprehensive Plan encourages mixed use areas but also recommends that incompatible uses be buffered from each other. The 2030 Future Land Use Map calls for this area to be developed for single- or two-family residential use. Impact of Request on: Utilities: Existing utilities are adequate to serve the site. i Rezoning Staff Report—Asbury Road and Evergreen Street Page 2 Traffic Patterns/Counts: IDOT 2013 Average Daily Traffic counts indicate 14,700 vehicle trips per day on Asbury Road just west of the subject property, and 12,600 vehicle trips per day on Asbury Road east of the subject property. Asbury Road is classified as a minor arterial. The addition of an office or multi-family residential unit 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 provided adequate erosion control and storm water management is provided during all phases of development. Adjacent Properties: The subject property is located in a single-family residential area characterized by single-story ranch style houses on standard lots. The subject property is approximately 8,400 square feet in area with frontage on both Asbury Road and Evergreen Street. The OR district permits office and single- and multi- family residential uses. The addition of an office or multi-family residence at this location may generate slightly more traffic than a single- or two-family residence that is currently permitted in the R-2 district. Because the Unified Development Code requires each use to provide paved off-street parking, redevelopment of this site should have limited impact on the demand for on-street parking. CIP Investments: None proposed. Staff Analysis: The applicant is proposing to rezone a vacant lot located at the corner of Asbury Road and Evergreen Street from R-2 Two-Family Residential district to OR Office Residential district. Most residences in this neighborhood are single-family homes, meet the required setbacks and have paved drives and attached garages. The surrounding residential lots vary in size from 6,000 to 10,000 square feet in area. The R-2 district permits single-family homes and duplexes. The OR district permits art galleries, artist studios, general offices, medical offices, mortuaries and a range of residential options of up to one unit per 1,200 square feet of lot area. Developing this lot for a multi-family residence would; however, be constrained by required green space, parking requirements and parking lot and building setbacks. New development on the subject lot has to be set back a minimum of 3 feet from the adjacent residential properties and a minimum of 20 feet from both the Asbury Road and Evergreen Street frontages. The addition of an office or multi-family residential use at this location could potentially generate more traffic than a single-family home or a duplex; however, there should be little impact on the overall traffic along Asbury Road which accommodates approximately 13,000 vehicle trips per day. Most of the demand for on-street parking Rezoning Staff Report—Asbury Road and Evergreen Street Page 3 should be satisfied b the Unified Development Code's parking requirements for new Y P P 9 q development. Development of this site would also have to meet both UDC and SUDAS requirements for traffic safety and storm water management. Staff recommends the Commission review Article 9-5 of the Unified Development Code regarding reclassification of property. Prepared by: u Reviewed: /. Date: 3�iT Prepared by: Laura Carstens. Citv Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210 Return to: Kevin Firnstahl, City Clerk Address: Citv Hall- 50 W. 13th St Telephone: 589-4121 ORDINANCE NO. 15-17 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT THE NORTHWEST CORNER OF ASBURY ROAD AND EVERGREEN DRIVE FROM R-2 TWO-FAMILY RESIDENTIAL DISTRICT TO OR OFFICE RESIDENTIAL 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 R-2 Two -Family Residential District to OR Office Residential District, to wit: Lot 1 Block 2 Clover Hills Subdivision, 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 17th day of April, 017. t,-12, / Roy D. Buol�"�/layor Attest: Kein S. Frnstah`I, Cl'Clerk 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 07, 2017, and for which the charge is $18.62. I j Y it o tl CITY OF DUBUQUE, IOWA a OFFICIAL NOTICE NOVICE is hereby. Subscribed to before me a No ary Public in and for Dubuque County Iowa given that the Dubuque � , , City Council will con- ' this day of 20duct public hearings at ��• a meeting to Com- mence of 6 00 p.i on f�ondAyApnl17,20t7,: m the Histanc'Federa�; Building; 'second-floor chambers, 350 -West 6th Street, on the following: Request to Rezone .I rotary Public in and for Du uque County, Iowa. Request from Rick ' Ehrliah - to rezone I a property located at the NW Corner of•Eveir green Street&•Asbury' Road(Parcel I D#10-22 109-020);from R-2 Two- +�� MARY KWT ( 'YES Family Residential to OR Office Residential, Commission Number 15488 to construct a building to accommodate a My Commission Exp.Feb.1,2020 homeoffice. Copies of supporting documents for4 I the public hearings are on file in the City Clerk's Office.'and may be viewed:during normal working`hours. Written comments regarding the 'above public hearings may be submitted to then City Clerk's'.Office,50 W.13 Street, on or before said time of public hearing. At said time and place of public hearings all interested' citizens and parties p will be given an @9w opportunity to be heard for'or against' said rezoning. • Any visual or hearing impaired persons needing;special assis-I tante or persons with special accessibility needs should contact' ,the City, Clerk's Office:; d at (563)17 589-4100 or.' M TDD/TTY (563) 690 6678 at least 48 hours ' prior to the meeting. Kevin S.Firnstahl, CMC,City Clerk It 4/7 ti V 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 Rick Ehrlich 558 Mill Run Dubuque IA 52002 Dubuque Eitd THE CITY OF Ali -America City 1111r 2007.2012 •2013 RE: City Council Public Hearing — Rezoning Request Dear Applicant: Masterpiece on the Mississippi April 6, 2017 The City Council will consider your request to rezone property located at the northwest corner of Asbury Road and Evergreen Drive at a public hearing on Monday, April 17, 2017. 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 6:00 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, Kyle L. Kritz Associate Planner Enclosures cc: /Kevin Firnstahl, City Clerk Service People Integrity Responsibility Innovation Teamwork STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION 1, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an lowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of lowa; hereby certify that the attached notice was published in said newspaper on the following dates: April 21, 2017, and for which the charge is $15.26. Subscribed to before me, a Notary Public in and for Dubuque County, lowa, this 2 /4%90" day of -? , 20 /7 AK/ eW Notary Public in and for Dubuque County, Iowa. MARY K WESTERMEYER Commission Number 154885 My Commission Exp. Feb. 1, 2020 OFFICIAL 1 PUBLICATION ORDINANCE NO. 16-17 AN - ORDINANCE AMENDING TITLE 16 OF THE CITY OF RUPPE, .x9px 9f, ':--,t)RulriANCES; • `‘t:' uNi- FJED DEVELOPMENT CODE,/BY RECLAS-1 SIFYING .HEREINAF- TER DESCRIBED. PRO- PERTY LOCATED AT THE. NORTHWEST CORNER OF ASBURY ROAD AND EVER- GREENDRIVE FROM R- 2 TWO4AMILY RESI- DENTIAL DISTRICT TO OR OFFICE RESIDEN- TIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY: COUNCIL 'OF THE CITY OF DUBUQUE; Section 1. That Title 1 16 of the City of Dubuque Code of Ordinandes, 'Unified DeVelOPMent Code, is hereby amended by 1 reclassifying the here- inafter-desbribed pro- perty from R-2 TwOr ; Family Residential Dis- Viet- to OR • Office Residential District, to wit: Lot 1 Block 2 Clover ', Hills Subdivision, 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, lowa. Sectior'0. This Orcli- nano& shall take effect immediately upon pub- lication as provided by law. Passed, approved and adopted this 17th day of April, 2017. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the 'Telegraph Herald newspaper on the 21st day of April, 2017.: /s/Kevin S. Firnstahl, City Clerk yzi