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Request to Rezone - 1225 Alta VistaPlanning 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 Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 THE CITY OF Du13kilted Masterpiece on the Mississippi Dubuque '1 II 2007 February 9, 2009 Applicant: Radio Dubuque Inc. / Nativity Parish Location: 1225 Alta Vista Street Description: To rezone property from R-2 Two -Family Residential District to OS Office Service 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 the proposal to build a new radio station on the subject parcel and noting that they are planning to use an existing access from Alta Vista to serve the new parking lot. Staff reviewed surrounding zoning and land use, proposed access from Alta Vista and the need for a conditional use permit for a transmission tower. There was one public comment regarding the preservation of three mature trees on the site. A letter in opposition from adjacent property owners was received and filed. The Zoning Advisory Commission discussed the request, and reviewed with the applicant requiring that the front yard setback is 20 feet and that no vehicle access be allowed to University Avenue. The applicant was amenable to these conditions. Recommendation By a vote of 7 to 0, the Zoning Advisory Commission recommends that the City Council approve the request, subject to the following conditions: 1) That the minimum front yard setback along University Avenue be 20 feet; and 2) that there be no direct vehicle access to University Avenue. A simple majority vote is needed for the City Council to approve the request. A super -majority vote is needed for the City Council to approve the request without one or both of the recommended conditions. Respectfully submitted, Jeff Stiles, Chairperson Zoning Advisory Commission Attachments Service People Integrity Responsibility Innovation Teamwork Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210 Return to: Jeanne Schneider, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589-4121 ORDINANCE NO. 7 -09 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED NEAR THE NORTHEAST CORNER OF UNIVERSITY AVENUE AND NEVADA STREET FROM R-2 TWO-FAMILY RESIDENTIAL DISTRICT TO OS OFFICE SERVICE DISTRICT, WITH CONDITIONS. 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 OS Office Service District with conditions, to wit: Lot 1 of 1 of 1 of 1 of 1 of 1 of 1 of Slattery's Subdivision, 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. Attest: Passed, approved and adopted this 16th day 9/ February 2009. anne F. Schneider, City Clerk Roy D. i+' ol, Mayor MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (2007), and as an express condition of rezoning of the property described as: Lot 1 of 1 of 1 of 1 of 1 of 1 of 1 of Slattery's Subdivision, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. which is the subject of Ordinance No. 7 -09, a copy of which is attached hereto and incorporated herein by reference, the undersigned property owners, agree to the following conditions, all of which the property owner further agrees are reasonable and are imposed to satisfy public needs which are caused directly by the rezoning: A) Conditions 1) That the front yard setback along University Avenue be 20 feet. 2) That no vehicle access is permitted to University Avenue. B) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the R-2 Two -Family Residential District (which rezoning will include the removal of the performance standards in Section A above) if the property owner fails to complete any of the conditions or provisions of this Agreement. C) Modifications. Any modifications of this Agreement shall be considered a zoning reclassification and shall be subject to the provisions of the Zoning Ordinance governing zoning reclassifications. All such modifications must be approved by the City Council of Dubuque, Iowa. D) Recording. A copy of this Agreement shall be recorded with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this rezoning approval within ten (10) days of the adoption of Ordinance No. - 09. E) Construction. This Agreement shall be construed and interpreted as though it were part of Appendix A of the Code of Ordinances of the City of Dubuque, also known as the Zoning Ordinance of the City of Dubuque, Iowa. F) This Agreement shall be binding upon the undersigned and his/her heirs, successor and assignees. ACCEPTANCE OF ORDINANCE NO. 7 -09 1, Tom Parsley, representing Radio Dubuque, Inc., property owner, having read the terms and conditions of the foregoing Ordinance No. 7 - 09 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this /.0 ® day of - 2009. By: Tom Parsley ACCEPTANCE OF ORDINANCE NO. 7 -09 I, Dwayne Thoman, representing Nativity parish, property owner, having read the terms and conditions of the foregoing Ordinance No. 7 - 09 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this day of `"7 2009. By: Dwayne Thoman Masterpiece on the Mississippi ❑Variance ['Conditional Use Permit ['Appeal ❑Special Exception ❑Limited Setback Waiver Rezoning Dubuque u�aaa zoo? PLANNING APPLICATION FORM ['Planned District ❑Preliminary Plat ❑Minor Final Plat ❑Text Amendment ['Simple Site Plan ❑Minor Site Plan ['Major Site Plan ['Major Final Plat ['Simple Subdivision DAnnexation ❑Temporary Use Permit City of Dubuque Planning Services Department Dubuque, IA 52001-4864 Phone: 563-589-4210 Fax: 563-589-4221 ❑Certificate of Economic Non -Viability ❑Certificate of Appropriateness ['Historic Designation , / / h Eleighborhood Association fV (r"f ['Other: Please tune or print legibly in ink Property owner(s): Nativi ry Parish Phone: 563-582-1839 Address: 1225 Alta Vista City: Dubuque State: IA Zip: 52001 Fax Number: Cellular Number: E-mail Address: Applicant/Agent: Radio Dubuque Inc Phone: 563-690-0800 Address: 346 w Rth sr City: nnhuquP State: IA Zip: 52001 Fax Number: 563-588-5688 Cellular Number: Site location/address: 1225 Alta Vista E-mail Address: tparsley@radiodubuque . cc Existing zoning: R-2 Proposed zoning: OS Historic District: N/A Landmark: NIA Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): Lot 1 1-1-1-1-1-1 of Slattery's Subdivision Total property (lot) area (square feet or acres): upto 35000 sq. feet 1 • I ► . Describe proposal and reason necessary (attach a letter of explanation, if needed):. Propose rezoning to OS Office Service District to facilitate construction of a new radio station. CERTIFICATION: I/we, the undersigned, 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): Applicant/Agent: Date: /d,//'//a?' Date: ,`/ FOR OFFICE USE ONLY — APPLICATION UBMITTAL CHECKLIST i Fee: $300 00 Received by` Date: (2-23-05 Docket: 7- l j 11 i 246 9 ❑ Site/sketch plan❑ Conceptual Development Plan photo [W'PIat 0 Improvement plans 0 Design review project description 0 Floor plan 0 Other: Masterpiece on the Mississippi Dubuque 1111 r. 2007 Vicinity Map Applicant: Radio Dubuque Inc. / Nativity Parish Location: 1225 Alta Vista Street Description: To rezone property from R-2 Two - Family Residential District to OS Office Service District. Legend Proposed Area to be Rezoned Zoning =CLAIMER: This information was compiled wing the =Mem Nee Geogragbic Information System (0A018), witch includes data crested by We the City of =owe and Dubuque County. It is wwlerstood tbst. while Mealy d fAMcapfe and paRielpeling agencies Mind the moat venni and aconte inform= smithies, DAGIS and Cs 'copiers do not *errant the accuracy cc ciefercy of the infeimegen wage centeired howls The City and perlicipaling agencies shell not be held laiis for any *est, Jacked, ineklenlel, consequential, conlive, or spedel damages. **ether foreseeable CC unforeseeable, ansiraf cf the acthonaed or unsullied= use of Ibis clateer the IyO use this data or out of any breech of warmly Base Map Provided by Dubuque County GIS I HEREBY CERTIFY TI AND THE RELATED S DIRECT PERSONAL SI. SURVEYOR UNDER TF FOR IIW ENGINEERS JOHN M. TRANMER LICENSE NO. 12631 PAGES OR SHEETS C PRELIMINARY PREPARED BY: IIW ENGINEERS & SURVEYORS P.C, 4155 PENNSYLVANIA AVE, DUBUQUE, IOWA, 563.556.2464 \ CP bb \ \.�k \ 00\x`°i ,�� \\555\ �� '�`WD \Ot c) \p\� \POO • ‘,01;.\b1 PLAT OF SURVEY THE CHURCH OF THE NATIVITY PLACE NO. 2 IN THE CITY OF DUBUQUE, IOWA \ \' \� -0 ti \ / i g 0\.\0 • \SPO rs k <90 r,"\off jG'\ LOT 4 • • TNS CHo T HPC GE THE- 1\\ • LOT 1 XXX SQ. ET. \ S78'34'38"W 75.00' (75') ____---\ h j \ \v ` _-('_ \\ --i, .i .i HY' \ NORTH GRAPHIC SCALE 100 200 1"=100' DRAWING MAY HAVE BEEN REDUCED LEGEND PLAT BOUNDARY EXISTING EASEMENT FOUND 5/8" IRON ROD • W/ CAP AS NOTED FOUND IRON PIPE W/ • SIZE AS NOTED SET 5/8" IRON ROD W/ CAP NO. 12631 RIGHT-OF-WAY RECORD INFORMATION 0 \\ �2 ROW C 1713,)• \ f ( ) 1OF\.O�1OLOi\2 oT ; of _01 0 C Oda; FT. c' SuBp S7634' 38„w 39 �g4 RO`Ni ERSIV PVENVE UN�v r r-?2'3 cn � 0 �t Iz0 0 z 1 .0 74 1 C r pvilON z -t m w _G\\14° 1 o� tit o 1 m< II I r0 PROPRIETOR: CHURCH OF THE NATIVITY 1 SURVEYED FOR: DWAYNE THOMAN co 0 DATE OF SURVEY: NOVEMBER, 008 TOTAL AREA SURVEYED: 266,523 SQ. FT. DESCRIPTION: THE CHURCH OF THE NATIVITY PLACE AND LOT 1 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 1 4 F LOT 1 OF SLATTERY'S SUBDIVISION 30' \ s 's \ \ 9��s \0AN i \ F 74.74. 578.34, 38 • __ ....\o 72-1,z r`7 o0 1 yz� O) 1 0-' _ r�0 -t -1(- �cfnol z0� I �� I t I o c r- �0 -\ _� o II t\st N l N II 11 1 N I m -I �l l c� o l rJ �� (I) I 1 N �1 � \ I p l� rn .r.-03 ISI \� 1:- I:- m I ICO 0 o3 o 0 \`\\oot,N 1111iu17I77,,�/. 1 JOHN M. TRANMER c LS 12631 J ,,,',0111 j 1 AI NIO it\�j\\\\�\ AT THIS LAND SURVEYING DOCUMENT WAS PREPARED IRVEY WORK WAS PERFORMED BY ME OR UNDER MY PERVISION AND THAT I AM A DULY UCENSED LAND LAWS OF THE STATE OF IOWA. SURVEYORS, P.C. DATE MY UCENSE RENEWAL DATE IS 12/31/2008 )VERED BY THIS SEAL U) NOTE THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD AND NOT OF RECORD. IIW ENGINEERS & SURVEYORS, P.C. INTEGRITY. EXPERTISE. SOLUTIONS. DUBUQUE, IA HAZEL GREEN, WI 4155 PENNSYLVANIA AVE. DUBUQUE, IA 52002 VOICE (563) 556-2464 FAX (563) 556-7811 www.iiwengr.com DRAWN ARC CHECKED JM T PLAT NO. 38 -IA -08 PROJ. NO. 08732 DATE 11-20-08 SHEET 1 of 2 P:\08\700\732\DRAWINGS\08732L Dubuque GIS Map sing Page 1 of 1 Dubuque GIS Mapping Print Close LJ Parcels Dimens- ions /Y Roads Railroa- ds 08 Dubuque County, IA A/ Streams Rivers --- and Lakes Aerial Photo 2007 Mak MEM MINIEDIL Mill Printed: 12/08/2008 10:36:27 AM varion systems DISCLAIMER All information is believed accurate but is NOT guaranteed to be without error. This map and its underlying data are intended to be used as a general index to land related information and are not intended for detailed, site-specific analysis. http://www. dbeco.org/pvweb2-dubuque/print.do?titleBox=on&title=Dubuque+GIS+Mapp... 12/8/2008 Dubuque GIS Mapping Page 1 of 1 Dubuque GIS Mapping Print Close Copyright (c)2 i08 Dubuque County. IA 40ft ' 48.75 Parcels iv Streams Dimens- — Rivers ions — and Lakes /1 Roads Aerial Railroa- Photo ds 2007 immut mum Printed: 12/08/2008 10:36:27 AM • : varion systems DISCLAIMER All information is believed accurate but is NOT guaranteed to be without error. This map and its underlying data are intended to be used as a general index to land related information and are not intended for detailed, site-specific analysis. http://www.dbqco org/pvweb2-dubuque/print. do?titleB ox=on&title=Dubuque+GIS+Mapp... 12/8/2008 Dubuque GIS Mapping Page 1 of 1 Dubuque GIS Mapping Print Close Parcels iy% Streams Dimens- El Rivers ions and Lakes Roads Aerial Railroa- Photo ds 2007 Printed: 12/08/2008 10:35:49 AM varioo systems DISCLAIMER All information is believed accurate but is NOT guaranteed to be without error. This map and its underlying data are intended to be used as a general index to land related information and are not intended for detailed, site-specific analysis. http://www. dbeco. org/pvweb2-dubuque/print. do?titleBox=on&title=Dubuque+Gl S+Mapp... 12/8/2008 REZONING STAFF REPORT Zoning Agenda: February 4, 2009 Property Address: 1225 Alta Vista Property Owner: Nativity Parish Applicant: Radio Dubuque Inc./Tom Parsley Proposed Land Use: Office Proposed Zoning: OS Existing Land Use: Educational/Religious Existing Zoning: R-2 Adjacent Land Use: North — Religious Adjacent Zoning: North — R-2 East — Parking East — R-2 South — Commercial South — C-2 West — Office/Residential West — OR Former Zoning: 1934 — Multi -Family; 1975 — R-3; 1985 — R-2 Total Area: .8 acre Property History: The subject property has been part of Nativity's Church campus since construction •f the church building in 1966. In August of 2007, the subject property was part of a rezoning request to C-3 General Commercial. The applicants ultimately withdrew their request from further consideration by the City. Physical Characteristics: The subject property is located along University Avenue, is relatively flat, and is approximately .8 acres in size. Concurrence with Comprehensive Plan: This project involves the Comprehensive Plan's Land Use and Urban Design Element: Goals 2.2, 6.1, 7.1, 7.2 and 7.8. Impact of Request on: Utilities: Existing utilities are adequate to serve the site. Traffic Patterns/Counts: Based on 2005 IDOT counts, University Avenue carries approximately 9,000 average daily trips. Public Services: Existing public services are adequate to serve the site. Environment: Staff does not anticipate any adverse impact to the environment provided adequate erosion control and storm water control is provided during all phases of development, and adequate storm water control is provided as per City Engineering requirements. Rezoning Staff Report —1225 Alta Vista Page 2 Adjacent Properties: The adjacent properties will most likely be impacted by development of the parcel through additional vehicle trips and increase in the ambient light levels. CIP Investments: None proposed. Staff Analysis: The applicant is requesting rezoning of approximately .8 acres from R-2 Two -Family Residential District to OS Office Service District. The property is currently owned by Nativity Parish and was formerly used as part of the playground area for Nativity School. A copy of the OS Office Service District regulations is attached to this staff report. The surrounding property is used for a mixture of residential, educational and commercial uses. University Avenue is classified as a minor arterial and carries approximately 9,000 vehicle trips a day. Both University Avenue and Alta Vista currently allow on -street parking on both sides of the street. The applicant has not expressed any desire for direct vehicle access to University Avenue. Rather, the applicant has indicated a desire to work with Nativity Parish to use an existing access from Alta Vista Street. The OS Office Service District allows for a limited range of permitted uses that primarily include office -type uses. Residential uses are allowed above the first floor and conditional uses are limited to private clubs, group daycare centers, and off-street parking of operable automobiles. The applicant has indicated that if the requested Office Service zoning is approved, that a new office building will be constructed on the site with an approximately 50 -foot attached transmission tower. The OS Office Service District allows building heights of up to 75 feet; however, the Zoning Ordinance also stipulates that new towers receive a Conditional Use Permit from the Zoning Board of Adjustment. Pending approval of this rezoning request, the applicants would then need to apply for a Conditional Use Permit for the proposed tower structure. Planning staff recommends that the Zoning Advisory Commission review Section 6-.1.1 of the Zoning Ordinance that establishes criteria for the review of rezoning requests. Prepared by: Reviewed: ,)A- Date: / •.Z G . c1° SECTION 3. 3-2. Office Di 3-2.2.OS•Of (A).General pur permit profe expected to. changing ch. This district or between c streets whic transition zo residential u (B) Principal pe (1). -Resident' (2) General (3) Artist stu (4) Medical (5) Dental (6) Personal (7) Barber/b (8) Schools .(9) Railroad [] Parking group (C) Accessory u Section 4 of (1) Any use (D) Conditional the provisio application t (1) Private.c. (a) The. (2) Group'd. (a) Forty provided ISTRICT REGULATIONS tricts:'. ce/Service District. pose and description. The office/service district is intended to encourage and sional office uses in newly developing areas of the city. This development is- ccur on vacant land or. on a redevelopment site which,. by virtue of an area's acter, use or distressed condition, warrants=reinvestment, renewal and reuse:- ay euse:ay be used as a transition zone between commercial areas along major streets mmercial uses. and residential areas in areas abutting arterial and/or collector are, because of location and trends, suitable for office development. As a e, development standards should buffer this type of development from es to lessen the possible impact and intensity of office development. mitted uses, The following uses shall be permitted in the OS District: al uses above the first floor only -[6]. ffices-(14]. • ios-[5]. ffices/clinics, less than 5,000sq. ft. -[36]. el. medical.labs-[8]. ervices-[14]. auty shop -[16]. f private instruction -[4]. , public/quasi-public utilities -[47]. See section 4-2 of this ordinance. 1 es. The following uses shall be permitted as accessory -uses as provided in his ordinance: ustomarily incidental and subordinate to the principal use it serves. uses. The following: conditional uses are permitted in the OS District, subject to s of Section 5 of this ordinance and are the minimum requirements for the board of adjustment for a conditional use permit: ubs, provided that: arkinggroup requirements can be met -[20]. ycare centers provided that: (40) square, feet of indoor floor area (excluding halls andbathrooins) is per child in areas occupied by cribs, thirty-five (35) square feetofindoor 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. (3) Off-street parking of operable automobiles to serve a permitted or conditional use in an abutting office residential, 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. (4) Parking structures. [] Parking group -See section 4-2 of this ordinance. (E) Temporary uses. The following uses shall be permitted as temporary uses in the OS 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 OS DISTRICT Feet Frontage As % BULK REGULATIONS x 1,000 In Feet Lot Area Min. Permitted Uses 0 Group day care center 3.5 50 50 All other conditional uses 10 *Minimum twenty (20) feet for garages facing [the] street. Rear Yard Building Side Yard Setback Height In Max. Setback: % Depth Feet: 0 0 75 0 0 75 * *Except where abu ing a residential or office residential district, then six-foot side yard and twenty (20) percent lot depth rear yard setbacks required. (G) Parking req irements. See section 4-2 of this ordinance. (11) Signs. See se tion 4-3 of this ordinance. February 2, 200 The City of Dub que Planning Service Dept. City Hall 50 West 13th Str-et Dubuque, Iowa 52001-4864 Re: Notice of P blic Hearing, Wednesday, February 4, 2009 To Whom It Ma Concern: We are oppose applicants have (Already a cong lot be placed? 200 ft. antenna. they later come zoning on the r City need to en It is obvious tha they get the mo do to their rem good of the nei later asking to r Nativity tore do for this green s regarding spot z apply for comm purpose - to pr We understand property value, understand tim parcel of prope and sees no fut former use as it Respectfully FEB 3 2009 CITY OF DUBUQUE PLANNING SERVICES DEPARTMENT to the rezoning of the Nativity green space. Upon visiting City Hall, we discovered the not filed a site plan for review. Will there be additional curb cuts on University? sted intersection turning on to University from Alpine Street.) Where will the parking hat size of building is being proposed? How tall is the building? Are they planning a Why are they only asking to rezone a portion of the green space to Office Service? Will back asking for commercial zoning on the corner? Will they be asking for commercial mainder of their property? Where's the plan? Does every piece of green space in the up commercially zoned? the Nativity community does not care about how the property is developed, just that t money from the property. Have they considered what the proposed rezoning would ining property values? This zoning application does not take into consideration the hborhood — or even their own property, unless, of course, their long-range plan includes zone the rest of their property to commercial. n residential buildings to create this green space. Now that they no longer have a use ace, they are asking to allow a more intensive zoning (reference our previous letter ning) so they can make more money. We all wish we could tear down homes and rcial zoning to increase the property's value, but that is our understanding of zoning's tect people's investments. Nativity Parish would love to change the zoning on their green space to increase their ut is it fair to the neighbors? Presently, Nativity is an asset to the neighborhood. I s change, and Nativity's situation has changed. However, what is done with this large affects the entire neighborhood. If Nativity no longer wishes to mow the green space re use of the property by the church, we feel the property should be returned to its is presently zoned. itted, LO4-L &J Gross, L.L. Jim &Julie 2345 Clarke Cre.t Drive Dubuque, Iowa 52001