Request to Rezone 3900 Block of Inwood Avenue_Hearing Tabled to 12/4/17City of Dubuque
ITEM TITLE:
SUMMARY:
SUGGESTED DISPOSITION:
ATTACHMENTS:
Description
ZAC Letter
Applicant Material
Staff Material
Ordinance
Citzen Petition in Opposition
City Manager Memo re: Citizen Petition
Staff Memo re: Citizen Petition
Inwood Zoning Map re: Citizen Peition
Proof of Publication
Suggested Motion Wording
Copyrighted
November 20, 2017
Public Hearings # 1.
Request to Rezone 3900 Block of Inwood Avenue
Proof of Publication for notice of public hearing to consider
a request from Brandon Merrick to rezone the 3900 block
of Inwood Avenue from R-1 Single -Family Residential to R-
2 Two -Family Residential Zoning 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 the
end of Inwood Avenue from R-1 Single -Family Residential
District to R-2 Two -Family Residential District
Suggested Disposition: Receive and File; Motion B; Motion
A
Type
Staff Memo
Supporting Documentation
Supporting Documentation
Ordi nance
Supporting Documentation
Supporting Documentation
Staff Memo
Supporting Documentation
Supporting Documentation
Supporting Documentation
THE CITY OF
Masterpiece on the Mississippi
Dubuque
ut•AneMa p4
irxz,
�111i:
2007.2012
2013.2017
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Citizen Petition in Opposition to Rezoning 3900 Block of Inwood Avenue
DATE: November 20, 2017
On November 20, 2017, the City Council is scheduled to hold a public hearing on the
proposed rezoning requested by Brandon Merrick in the 3900 Block of Inwood Avenue
from R-1 Single -Family Residential District to R-2 Two -Family Residential District.
Planning Services Manager Laura Carstens is transmitting information on citizen
opposition to rezoning the 3900 block of Inwood Avenue.
The area of the property owned by persons opposed to the Inwood Avenue rezoning
request equals 43.4% of the private property within 200 feet of the subject lot.
Therefore, a super -majority vote of the City Council (3/4 of the City Council) would be
needed to approve the rezoning request.
17brika
MicKael C. Van Milligan'
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Laura Carstens, Planning Services Manager
THE CITY OF
Dui
Masterpiece on the Mississippi
Dubuque
httil
ul•Anerica City
VrliaN,CIV0'
2007.2012
2013.2017
TO: Michael C. Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager w(1-
SUBJECT: Percent Opposition to Rezoning, 3900 Block of Inwood Avenue
DATE: November 20, 2017
On November 20, 2017, the City Council is scheduled to hold a public hearing on the
proposed rezoning requested by Brandon Merrick in the 3900 Block of Inwood Avenue
(Parcel numbers 10-12-181-002 & 003) from R-1 Single -Family Residential District to R-
2 Two -Family Residential District.
By a vote of 5 to 1 with one abstention the Zoning Advisory Commission recommended
approval of the request to rezone the property at their November 1, 2017 meeting.
Planning Services staff has reviewed a petition submitted to the City Clerk's Office by
neighboring property owners opposed to the rezoning request.
The City's Unified Development Code Section 16-9-5-3 C. states that when a written
protest against the rezoning request is filed with the City Clerk and signed by the
owners of 20% or more of the property which is located within 200 feet of the exterior
boundaries of the property being considered for rezoning, the favorable vote of at least
three-fourths (3/4) of the City Council is needed for approval. Property owned by the City
or located in the public right of way is not considered in the 20% calculation.
The area of the property owned by persons opposed to the Inwood Avenue rezoning
request equals 43.4% of the private property within 200 feet of the subject lot.
Therefore, a super -majority vote of the City Council is needed to approve the request.
Enclosed is a map indicating the owners of property within 200 feet of the subject
property opposed to the rezoning.
This memo is provided for your information and for distribution to the City Council.
Prepared by Guy Hemenway, Assistant Planner
Enclosure
cc: Kevin Firnstahl, City Clerk
Crenna Brumwell, City Attorney
1
3994
200:
nwood ` o
3954 •
VINTON
Property Opposed r,,A„.
= 43.4% pN li -
Is ow
0 25 50 100 Feet
1 82
Planting Services Department
City Hall
50 West 13117 Street
Dubuque, IA 52001-4864
(563) 589-4210 phone
(563) 589-4221 fax
(563) 690-6678 TDD
nlanning&O citvofdubuaue.org
Masterpiece on the Mississippi
The Honorable Mayor and City Council Members
City of Dubuque
City Hall — 50 W. 13th Street
Dubuque IA 52001
Dubuque
kiltd
AII•America City
11111!
2007 • 2012 • 2013. 2017
November 8, 2017
Applicant: Brandon Merrick
Location: 3900 block of Inwood Avenue
Description: To rezone from R-1 Single -Family Residential to R-2 Two -Family
Residential zoning 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, reviewing his requested rezoning from R-1
to R-2 to allow construction of two duplexes on two vacant lots he owns along Inwood
Avenue.
Staff reviewed the staff report, noting the location of the property, surrounding zoning
and land use. Staff noted that four single-family homes could be built under the current
R-1 zoning. Staff noted that three duplexes could be built for a total of six units, an
increase of two, if rezoned to R-2. Staff reviewed the parking standards for R-1 and R-2
zoning, that the existing streets are substandard in terms of paving width, and that there
are no curb and gutter or sidewalks. Staff noted the lots can be served by City water
and sanitary sewer.
There were several public comments in opposition to the request with residents
indicating that the streets are too narrow to support additional traffic, the duplexes would
create additional storm water runoff, and that the area is zoned for single-family homes
and should not be changed.
The Zoning Advisory Commission discussed the request, and reviewed setback
requirements, if there was a trigger for street improvements, parking requirements for
duplexes, the potential impact of duplexes on existing street system, and if the
requested rezoning represented a spot zoning. Commissioners discussed the potential
number of duplexes and that similar requests have been recommended for approval by
the Commission in the past.
Service
People
Integrity
Responsibility
Innovation
Teamwork
The Honorable Mayor and City Council Members
Page 2
Recommendation
By a vote of 5 to 1, with one abstention, 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,
Thomas Henschel, Chairperson
Zoning Advisory Commission
Attachments
cc: Alvin Nash, Housing & Community Development Director
Service
People
Integrity
Responsibility
Innovation Teamwork
THE CITY Or
Dubuque
DUBQ1[JE 1111 a1,
aAmeficCly
Masterpiece on the Mississippi 7•2012•.ms
['Variance
['Conditional Use Permit
['Appeal
❑Special Exception
Limited Setback Waiver
oRezoning/PUD/ID
PLANNING APPLICATION FORM
❑Preliminary Plat
['Major Final Plat
['Minor Final Plat
['Simple Site Plan
['Minor Site Plan
❑Major Site Plan
Please type or print legibly in ink
['Simple Subdivision
['Text Amendment
Temporary Use Permit
Annexation
DHistoric Revolving Loan
❑Historic Housing Grant
Planning Services Department
City Hall - 50 West 13th Street
Dubuque, IA 52001-4805
(563) 589-4210 phone
(563) 589-4221 fax
(563) 690-6678 TDD
olanninaecitvofdubuni ie.orn
❑Certificate of Appropriateness
❑Advisory Design Review (Public Projects)
['Certificate of Economic Non -Viability
❑Historic Designation _
['Demolition in Conservation Districts
['Port of Dubuque Design Review
_ VyG� (2r1'i.9 -''
Property owner(s): L; IL2 r �4 (i'� C' f , ba` D Phone: coo 3 ' 99`-'6 70Z.
Address: E000 CeF ef(fOr or 'i/Oty: ISH<3c4ac-L 9. State: Zip: �.eZ��
Fax #: Cell #: .C63,- l'f l''9'�70Z E-mail: '" 1 4G/ S Q23 LQ-,Y446.?,6o..a
Applicant/Agent: 1ZA-4bo J r &TtiwG/
Address: t / City:
Fax #:
Cell #: F -mail:
Phone: (..%3•
State: Zip:
Site location/address: 39Oo Q toe. IC. o f T.., .t er,e) 0 ..Neighborhood Association:
Existing zoning:
12— ( Proposed zoning: 2- 2__ District:
/ /4- 1 andmark: ❑ Yes Cli<No
Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): Lo yQ,s0,5/ i- i O'Nc;//S
Total property (lot) area (square feet or acres): i9.970 S�
Describe proposal and reason necessary (attach a letter of explanation, if needed): C HA (Cosy /i2a0"vk 5/Ade:PLO—
clettvl fc-'1 To nAaLT- i 1).14,cY W , l� st L y s/& ts-
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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 written and graphic materials are attached.
Property Owner(s)
Applicant/Agent:
Date: l0 `/c2
Date:
FOR OFFICE USE ONLY — APPLICATION SUBMITTAL CHECKLIST
Fee: q2 2 'Received by:
C�S.5�3
Date: /0' i% /7 Docket:
THE CITY OF
Dui
Dubuque
h
NI•AmerIcaCiIY
E
2007 • 2012 • 2013
Masterpiece on the Mississippi
Vicinity Map
City of Dubuque
Applicant: Brandon Merrick
Location: 3900 Block of Inwood Avenue
Description: To Rezone the property from
R-1 Single -Family Residential to R-2
Two -Family Residential Zoning district.
Legend
Applicant Property
200 Foot Notification Area
Notified Properties
Parcels
City limits
DISCLAIMER: This information was compiled using the
Dubuque Area Geographic Information System (DAGIS). which
includes data created by both the City of Dubuque and
Dubuque County II is understood that, while the City of
Dubuque and participating agencies utilized the most current
and accurate information available, DAGIS end its suppliers do
not warrant the accuracy or currency of the Information or data
contained herein. The City and participating agencies shall not
be held liable for any dIrecl, indirect, incidental, consequential,
punitive, or special damages, whether foreseeable or
unforeseeable, arising out of the authorized or unauthorized
use of this data or the inability to use this data or out of any
breach of warranty whatsoever.
REZONING STAFF REPORT Zoning Agenda: November 1, 2017
Property Address: 3900 Block of Inwood Avenue
Property Owner: Merrick Construction and Development
Applicant: Brandon Merrick
Proposed Land Use: Residential Proposed Zoning: R-2
Existing Land Use: Vacant Existing Zoning: R-1
Adjacent Land Use: North — Residential Adjacent Zoning: North — R-1
East — Vacant/Residential East — R-1
South — Residential South — R-1
West — Residential West — R-1
Former Zoning: 1934 —County AG; 1975 — County AG
1985 — R-1 Total Area: 2.2 acres
Property History: The property was originally subdivided circa 1890 and a farm house
built on the adjacent property in 1898. The property was annexed to the City in 1979
and the subject lots have remained vacant since that time.
Physical Characteristics: The subject property consists of two 10,000 square foot
parcels with 200 feet of frontage along Inwood Avenue and with a platted but
unimproved alley behind. The property is sloped dropping approximately 36 feet in
elevation from the north side property line to the south side property line. Inwood
Avenue is a substandard street with a 50 -foot -wide platted right-of-way and
approximately 20 feet of pavement with no curb, gutter, shoulders or sidewalks.
Concurrence with Comprehensive Plan: The Comprehensive Plan goals promote
infill and mixed-use residential development and recommend buffering non -compatible
uses from each other. The City's 2030 Future Land Use Plan identifies this area as
residential.
Impact of Request on:
Utilities: City water is available to the site along the Inwood Avenue frontage and
there are hydrants both north and south of the subject property. The water main is
adequate to serve the proposed development. City sanitary sewer service is
available to this site both north and south of the subject lots. Depending on which
sanitary sewer is tapped, a pump and force main may be necessary.
Rezoning Staff Report — 3900 Block of Inwood Avenue Page 2
Traffic Patterns/Counts: There are no traffic counts available for Inwood Avenue or
the streets accessing the neighborhood. There are 10 houses along Inwood
Avenue and development of the subject property should add very little traffic to
Inwood Avenue or the surrounding streets.
Public Services: Existing public services are adequate to serve the site.
Environment: Staff does not anticipate any adverse impact to the environment as
single or two-family development will create little additional impermeable area and
storm water will sheet flow through the subject lots into a depression on the platted
but unimproved Toledo Street right-of-way.
Adjacent Properties: If the subject Tots are further subdivided, three duplexes, for a
total of six units could be built on the property. Under current R-1 Single -Family
zoning regulations four houses could be built on the subject lots. If approved, the
net gain to the 20,000 -square foot lot area would be two units. The R-2 regulations
require similar setbacks, maximum building height and number of off-street parking
spaces per unit. Therefore, if the property were to be fully developed under R-2
regulations, there should be little additional impact on the neighborhood.
CIP Investments: None proposed.
Staff Analysis: The applicant is requesting to rezone the subject property from R-1
Single -Family Residential district to R-2 Two -Family Residential district. The property
consists of two, 10,000 square feet each, parcels with frontage along Inwood Avenue
and an alley behind. Inwood Avenue is a substandard street with a 50 -foot -wide platted
right-of-way and approximately 20 feet of pavement with no curb, gutter, shoulders or
sidewalks. The property is sloped dropping approximately 36 feet in elevation from
the north side property line to the south side property line. Either single or two-family
development will create little additional impermeable area and storm water will sheet
flow through the subject lots into a depression on the platted but unimproved Toledo
Street right-of-way.
The neighborhood is characterized primarily by single-family homes on large lots. If the
subject lots are further subdivided, three duplexes, for a total of six units could be built
on the property. Under current R-1 Single -Family zoning regulations four houses could
be built on the subject lots. If the rezoning is approved, the potential net gain to would
be two additional residential units. The R-2 regulations require similar setbacks,
maximum building height and number of off-street parking spaces per unit as the R-1
regulations. Development of the subject property for duplexes should generate little
additional vehicular traffic. Therefore, if the property were to be fully developed under
R-2 regulations, there should be little additional impact on the neighborhood.
Rezoning Staff Report — 3900 Block of Inwood Avenue Page 3
Staff recommends the Commission review the criteria established in Section 6-1.1 of
the Zoning Ordinance regarding granting a rezoning.
Prepared by:
Reviewed:
7*Date: /c2 • Z5 • / 7
Prepared by Laura Carstens Citv Planner Address Citv 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. -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 END OF INWOOD AVENUE FROM R-1
SINGLE-FAMILY RESIDENTIAL DISTRICT TO R-2 TWO-FAMILY 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-1 Single -Family Residential District to R-2 Two -Family Residential District, to wit:
Lots 49, 50, 51 and 52 of O'Neill's North Dubuque Addition, 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 day of 2017.
Roy D. Buol, Mayor
Attest:
Kevin S. Firnstahl, City Clerk
Petition to Dubuque City Council
Action Petitioned For: We the undersigned are concerned citizens who
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STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
1, 3, 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: November 10, 2017, and for which the charge is $17.82.
Subscribed to before me,Notary Public in nd for Dubuque County, Iowa,
this //a day of , 20 /7 .
411110tillel. +1—.0 !Soo'
Notary Public in and for Dubie County, Iowa.
CITY OF DUBUQUE,
IOWA
OFFICIAL NOTICE
NOTICE is hereby
given that the Dubuque
City Council will con-
duct a public hearing
at a meeting to
commence at 6:00 p,m.
on Monday; November
20, 2017, in the Historic
Federal Building, 350
West 6th Street, on the
following:
Rezoning
Request from Bran-
don Merrick- to rezone
the 3900 block of
Inwood Avenue from R-
1 Single -Family Resi-
dential to R-2 Two -
Family Residential Zon-
ing
District.
Copies of supporting ,
documents for the
public hearings are on
file in the City Clerk's
Office, City Hall, 50 W.
13th St., Dubuque,
Iowa, and may be
viewed during normal
working hours.
Written comments
regarding the above
public hearings may be
submitted to the City
Clerk's Office on or
before said time of
public hearing. At said
time and place of
public hearings all
interested citizens and
parties will be given an
opportunity to be
heard for or against
said proposal.
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 ItO the
meeting.
Kevin S. Firnstahl,
CMC, City Clerk
it 11/10
ARY K WESTERIV1EYER
'mission Number 154885
My Commission Exp. Feb, 1, 2020.