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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- pm ()Cele 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 afi /3 4) < e— rez_orii b AC 71- e 1/.4, from 'R -I 5 /difje Z. 7 id/ en; lip CS e4 Signature Printed Name urge our leaders to act now to e%* C4/,l Address 3v,' -11,0_24/ 174/1--1:-J1/OVC( 3151 7frkt.00 (4 Salem 3?W-77-7,62-tc91 39 ,Sr(iJ Teaeni „TT 5'SV S'he '7)V67 tr“--)00A V-29 S) 9/ 3Y 31w, Onzieht_> Jalio 4. 1,1 R6) ft/7'j fr,k1/14 CD 0- Petition to Dubuque City Council Action Petitioned For: We the undersigned are concerned citizens who urge our leaders to act now to Printed Name Address SS \CC, tijf LIN 71-f oAfin>") t t{,t,r Oge-r-OA )te,, 3 flip nutiett;\ ,4•iefr fJIz eJ`f _5° mLf 14 6. .396b ()Ai fat 00 CSer 39O 0q_e do 4 1E Owid IV6riou '-‘0\1M,SeR, (5A 15 PV0 TA M3 39 /6\ .21-11.10 0 Ave_ ),-.Ag 9fer pg-aem,„,, 2)e, rt CV' kaurntsk.tc.v•Ok ((Olt_ vakui.ok ("NA L:v s\ \AI ,_<-ree...)e Dine %3S S SS S cSL,e (1 ,P 359:53 Ewe 15,0v s -f - F 9/ 5. fere-- :177 IN) cD CZ) 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.