University of Dubuque_Amendment to Institutional DistrictPrepared by: Laura Carstens. City Planner Address: Citv Hall, 50 W. 13th Street Telephone: 589-4210
Return to: Jeanne Schneider, City Clerk Address: City Hall, 50 W. 13"' Street Telephone: 589-4121
ORDINANCE NO. 41 -09
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY AMENDING THE
INSTITUTIONAL DISTRICT BOUNDARIES FOR THE UNIVERSITY OF
DUBUQUE BY REZONING THE SUBJECT PROPERTIES FROM R-1 SINGLE-
FAMILY RESIDENTIAL DISTRICT TO ID INSTITUTIONAL 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 be amended by rezoning the subject parcels from R-1 Single-
Family Residential District to ID Institutional District for property legally described to
wit:.
Lot 3 Bennett Street Subdivision, Lot 4, Bennett Street Subdivision, Lot 5
Bennett Street Subdivision, Lot 7, Bennett Street Subdivision, Lot 8 Bennett
Street Subdivision, Lot 2-1-18 of Ann O'Hare's Subdivision, Lot 18 Michel's
Subdivision, Lot 20 Quigley's Subdivision, Lot 16 Michel's Subdivision, Lot 2-19,
Quigley's Subdivision, Lot 1-19 Quigley's Subdivision, Lot 6 Kuehnle Heights, Lot
8 & W 20' of Lot 7 in Kuehnle Heights, E 30' Lot 7 Kuehnle Heights, Lot 1-65
Finley Waples & Burton's Add, Lot 5 East Street Subdivision, Lot 1-8 & Lot 2-8
East Street Subdivision, Lot 5 Kuehnle Heights, Lot 4 East Street Subdivision,
Lot 1-2-53 Finley Waples & Burton's & Lot 1 Kampman's Subdivision, Lot 2-2-53
Finley Waples & Burton's & Lot 2 Kampman's Subdivision, Lot 5 Kampman's
Subdivision, Lot 1-53 Finley Waples & Burton's Add, Lot 2 & Lot 2-1 both in
Steffen's Place & Lot 2 Steffen's 2"d Place, Lots 1 & 2 of Subdivision of 1 of 2 of
Mineral Lot 156 & Lot A-2-2 of Mineral Lot 156, and to the center line of the
adjoining public right-of-way, all in the City of Dubuque, Iowa.
Section 2. Institutional District Regulations.
A. Use Regulations.
Ordinance No. -09
University of Dubuque
Page 2
The following regulations shall apply to all uses made of land in
the above-described ID Institutional District:
Principal permitted uses shall be limited to:
a. Offices for administrative personnel or other
institutional employees and affiliates
b. Churches, libraries, and museums
c. Classrooms, laboratories, lecture halls, and similar places of
institutional assembly
d. Off-street parking and loading
e. Recreational or athletic facilities for the primary use and
benefit of institutional residents or affiliates
f. Single-family, two family ormulti-family dwellings for the
housing of institutional residents or affiliates
2. Accessory Uses. The following uses shall be permitted as
accessory uses in the above-described ID Institutional District:
a. Located entirely within a principal building, bookstores, or
bars seating not more than seventy-five (75) persons at one
time and located not closer than two hundred feet (200')
from the nearest Residential or Office Residential District.
b. All uses customarily incidental to the principal permitted
uses in conjunction with which such accessory uses
operated or maintained, but not to include commercial use
outside the principal building.
3. No conditional uses shall be allowed.
B. Lot and Bulk Regulations.
Development of the subject parcels shall be in accordance with the
provisions of the ID Institutional District regulations.
C. Parking Requirements
The off-street parking requirements for the principal permitted uses for the
herein described ID Institutional District shall be regulated as follows:
1. Any significant expansion or reduction in the number of off-street
parking spaces must be reviewed by Planning Services staff for
compliance with the adopted Institutional District regulations.
Ordinance No. -09
University of Dubuque
Page 3
D. Sign Regulations
The sign regulations shall be the same as those allowed in the ID
Institutional District as established in Section 4-3.11 of the Zoning
Ordinance.
E. Additional Standards
That all previously approved conceptual development plans are still in
effect and are not modified as part of this Ordinance.
F. Transfer of Ownership
Transfer of ownership or lease of property in this ID Institutional District
shall include the transfer or lease agreement a provision that the
purchaser or lessee acknowledges awareness of the conditions
authorizing the establishment of the district.
G. Modifications
Any modification of this Ordinance must be approved by the City Council
in accordance with zoning reclassification proceedings of Section 6 of the
Zoning Ordinance.
H. Recording
A copy of this ordinance shall be recorded at the expense of the
property owner(s) with the Dubuque County Recorder as a
permanent record of the conditions accepted as part of this
reclassification approval within thirty (30) days of the adoption of
this ordinance. This ordinance shall be binding upon the
undersigned and all his/her heirs, successors and assignees.
Section 3. That the foregoing amendment has heretofore been
reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa.
Section 4. That the foregoing amendment shall take effect upon
publication, as provided by law.
Passed, approved, and adopted thisl7tn day of August 2009.
1,
Roy D. Buol, Mayor
ATTEST: ~~
,.C -/
Jeanne Schneider, City Clerk
Planning 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@cityof dubuque.org
THE CrrY OF Dubuque
DUB E
Masterpiece on the Mississippi , ~ ~ I ~ r
2009
August 6, 2009
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
Amend University of Dubuque ID Institutional District
Applicant: James Steiner, University of Dubuque
Location: University of Dubuque Campus
Description: To amend the University of Dubuque ID Institutional District boundary by
adding existing residential properties.
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 James Steiner, University of Dubuque,
outlined his request for the Commission. He said that he would like to add 32 parcels
that currently are on the exterior of the University's ID Institutional District and
incorporate them into the UD campus. He said some of the lots are vacant and some
have homes on them. He said that there are no concrete plans at this time for these
parcels, except for one parcel next to 959 McCormick Street which will accommodate a
new licensed child care center.
There were several public comments: Don Pfohl, 1895 Bennett Street, spoke in
opposition to the request noting parking problems in the neighborhood. He said that the
students consume most of the available on-street parking.
Andy Rettenmeier, 1854 Bennett Street said that he is opposed to the rezoning due to
parking issues. He said that the UD currently does not have enough staff to police the
existing student parking areas and that this rezoning will exacerbate existing parking
problems.
Mr. Steiner said that the rezoning request will not change the parking status quo. He
said that the neighbors have the option to form a residential parking permit district. He
said that it is difficult and expensive to police student parking.
Service People Integrity Responsibility Innovation Teamwork
The Honorable Mayor and City Council Members
Page 2
Staff Member Kritz outlined the staff report noting the University of Dubuque's ID
Institutional District rezoning history, stating that there will be no immediate changes to
the existing property, except for the addition of a licensed child care center on
McCormick Street. He discussed the current campus configuration and those areas to
be incorporated into the ID District. He discussed the residential parking permit district
process and the ability of the University to further restrict its student parking.
The Zoning Advisory Commission discussed the request. Chairperson Stiles asked
about parking issues at other area colleges. Staff Member Kritz noted that there are
some residential parking permit districts adjacent to the Loras College campus. Mr.
Steiner discussed the locations of the restricted parking.
Commissioner Christ felt that signage serves as a deterent to student parking.
Commissioner Hardie asked if students are required to have University stickers on their
vehicles. Mr. Steiner replied that the students registered to park on campus have
stickers; however, many students do not register their vehicles.
Commissioners discussed traffic circulation and parking problems and felt that the
University should try to reach an accommodation with the neighboring properties.
Commissioners discussed the option to have the University require students to register
all cars. Commissioners felt that a comprehensive campus and neighborhood parking
program should be studied.
Chairperson Stiles said that he would support the rezoning request with the addition of
no parking signs. Commissioner Norton said that the expansion ultimately will enable
the University to exert greater control over parking issues in the area. He said that the
neighbors always have the option to form a neighborhood residential parking permit
district. Commissioner Christ asked if the Commission can direct the University to work
with the neighbors to resolve the parking issues. Commissioner Hardie expressed
qualified support with the caviat that the University work to resolve parking problems.
Recommendation
By a vote of 6 to 0 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,
Jeff ilgs, Chairperson ` ~`
Zoning Advisory Commission
F:\USERS\Kmunson\WP\City Council\2009\CC 08_17_09Wmend UD ID District 08_06_09 cc Itr.doc
Service People Integrity Responsibility Innovation Teamwork
THE CTIY OF Dubuque
----- ~ City of Dubuque
DUB E 1 - Planning Services Department
MRSterpiece on the Mississippi ZW? Dubuque, IA 52001-4864
Phone:563-589-4210
Fax: 563-589-4221
PLANNING APPLICATION FORM
^Variance
^Conditional Use Permit
^Appeal
^Special Exception
^Limited Setback Waiver
;`,Rezoning
Planned District
^Preliminary Plat
^Minor Final Plat
^Text Amendment
^Simple Site Plan
^Minor Site Plan
^Major Site Plan
^Major Final Plat
^Simple Subdivision
^Annexation
^Temporary Use Permit
^Certificate of Economic Non-Viability
^Certificate of Appropriateness
^Historic Designation
^Neighborhood Association
^Other:
Please tvoe or urint le4ibly in ink
Properly owner(s): UN ZU~~ SZ7~ f ~ f ~V ~~Ub Phone: ~(~3 - S~_ 32 / O
Address: LoDV [J/Ui.U~CSyn/ ~{~City: ~~' UQ~ State: S~ Zip: s /
Fax Number:.~i3"~1 3~SZ Cellular Number:
E-mail Address: Js~~sl~e+IC~+ AgQ ~6AU
Applicant/Agent: ..{kM6t ST6IN6/t Phone: ~ 3 - ~'d9 ~ SIG
Address: Zo~C ~NtvEes.Fxy /jy~ City: ~~v-St to e: ~~ Zip: $~Z~/
Fax Number: .5li3 ' 3~1 - 335-2- Cellular Number: _E-mail Address: JST6ZU6~..~ f)I3Q . 6D
Site location/address: SEE ~jALN~ SNf.ET
Existing zoning: Proposed zoning: X Historic District: Landmark:
Legal Description (Bidwell parcel ID# or lot number/block number/subdivision): SSE /d~/,(~~
Total property (lot) area (square feet or acres): $ /iC,~6S
Describe proposal and reason necessary (attach a letter of explanation, if needed):. T11R.1~lTN~b VD OW~'D ~STQ~'NITAL
pRDpERTf SNtD °jya O ps d65NY ~ z'D D israszr
CERTIFICATION: I/we, the undersigned, do hereby certify that:
1. It is the property owner's responsibility to locate properly 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.
Properly Owner(s): °"' Date:
Applicant/Agent: ~ ° Date: ~'~2-4~i~
.C.t~ .
FOR OFFICE USE ONLY -APPLICATION SUBMI CHECKLIST
Fee: ~~~~ Received by: Date: 'Z~•~/Docket: ~ 6~ `~l °w~
o Site/sketch plan^ Conceptual Development Plan ^Photo ^ Plat
^ Improvement plans ^ Design review project description ^ Floor plan ^ Other:
University of Dubuque Properties to be changed to ID District
• 2154 Bennett
O LOT 3 BENNETT ST SUB
• 2164 Bennett
O LOT 4 BENNETT ST SUB
• 2184 Bennett
o LOT 5 BENNETT ST SUB
• 2145 West 3rd
o LOT 8 BENNETT ST SUB
O LOT 7 BENNETT ST SUB
• 2277 West 3rd
O LOT 2-1-18 OF ANN O'HARES SUB
• 2153 Hale
o LOT 18 MICHELS SUB
• 2170 Hale
o LOT 20 QUIGLEYS SUB
• 2175 Hale
o LOT 16 MICHELS SUB
• 2180 Hale
o LOT 2-19 QUIGLEYS SUB
o LOT 1-19 QUIGLEYS SUB
• 2320 West
O LOT 6 KUEHNLE HGTS
• 2350 West
O LOT 8 & W 20' OF LOT 7 IN KUEHNLE HEIGHTS
o E 30' LOT 7 KUEHNLE HGTS
• 2386 West
o LOT 1-65 FINLEY WAPLES & BURTONS ADD
• 1220 Finley
O LOT 5 EAST ST SUB
o LOT 1-8 & LOT 2-8 EAST ST SUB
• 1211 Finley
O LOT 5 KUEHNLE HGTS
• 877 McCormick
O LOT 4 EAST ST SUB
• 959 McCormick
o LOT 1-2-53 FINLEY WAPLES & BURTONS & LOT 1 KAMPMANS SUB
o LOT 2-2-53 FINLEY WAPLES & BURTONS & LOT 2 KAMPMANS SUB
• 1085 McCormick
O LOT 5 KAMPMANS SUB
• 2305 Mineral
o LOT 1-53 FINLEY WAPLES & BURTONS ADD
• Seminary Village (67 Collins Street)
O LOT 2 & LOT 2-1 BOTH IN STEEPENS PLACE & LOT 2 STEFFEN'S 2ND PLACE
O LOTS 1 & 2 OF SUB OF 1 OF 2 OF MINERAL LOT 156 & LOT A-2-2 OF MIN LOT 156
PLANNED DISTRICT STAFF REPORT Zoning Agenda: August 5, 2009
Project Name: Expansion of the University of Dubuque ID Institutional District
Property Address: 2000 University Avenue
Property Owner: University of Dubuque
Applicant: Keith Wipperfurth, Construction Management Assistant
Proposed Land Use: Residential/Education Proposed Zoning: ID
Existing Land Use: Residential Existing Zoning: R-1
Adjacent Land Use: The subject parcels are surrounded by residential land use
except for the University of Dubuque Institutional District.
Adjacent Zoning: The surrounding property is zoned R-1 Single-Family Residential
except where the parcels abut the University of Dubuque
Institutional District.
Flood Plain: No
Water: Yes
Storm Sewer: Yes
Total Area: Approx. 8 acres
Existing Street Access: Yes
Sanitary Sewer: Yes
Previous Planned District: Yes
Purpose: To amend the ID Institutional Districtfor the University of Dubuque to
incorporate 32 parcels owned by the University of Dubuque into the Institutional District.
The subject parcels are developed with existing residential structures on them currently
utilized by the University of Dubuque.
Property History: The subject properties to be incorporated into the University of
Dubuque Institutional District have been residential properties since their development.
The University of Dubuque has acquired these parcels as they became available to
facilitate future development of the campus.
Physical Characteristics: The subject parcels are generally located on either the east or
west side of the campus.
Conformance with Comprehensive Plan: This project implements the
Comprehensive Plan's Land Use Element Goals: 1.5, 1.8, 6.1 and 6.2. This project
implements the Comprehensive Plan's Education Goals: 4.5, 8.1 and 8.3.
PLANNED DISTRICT STAFF REPORT -University of Dubuque ID Expansion Page 2
Staff Analysis:
Streets: No changes to the surrounding street system are proposed as part of this
amendment to the University of Dubuque's ID District.
Sidewalks: Existing public sidewalks along the properties to be added to the ID
District will be maintained.
Parking: University of Dubuque has no immediate plans to change the provision of
off-street parking except as part of the new licensed child care center.
Lighting: No change is proposed.
Signage: No signage has been proposed.
Bulk Regulations: The proposed ordinance requires that the existing residential
structures utilize the R-1 Single-Family Residential district bulk standards until such
time as the University of Dubuque chooses to demolish the structures and
incorporate the properly into a new campus project. Planning staff would note that
institutional districts are also required to be amended when significant on-campus
construction projects are proposed.
Permeable Area (%) & Location (Open Space): The proposed incorporation of the
subject parcels into the University of Dubuque Institutional District will not
significantly alter the permeable area or open space.
Landscaping/Screening: None proposed as part of this request.
Phasing of development: None.
Impact of Request on:
Utilities: Existing utilities are adequate to handle the existing residential
structures.
Traffic Patterns/Counts: Planning staff does not anticipate any significant
changes to traffic patterns to the surrounding street system, except there may be
an increase near the property at 959 McCormick Street once it is converted to a
licensed child care center.
Public Services: Existing public services are adequate to serve the existing
residential parcels.
Environment: Staff does not anticipate any adverse impact to the environment as
the proposed rezoning does not involve any significant construction or
modifications to existing buildings.
PLANNED DISTRICT STAFF REPORT -University of Dubuque ID Expansion Page 3
Adjacent Properties: The proposed incorporation of the residential properties into
the University of Dubuque campus should have very little impact to surrounding
adjacent properties.
CIP Investments: None proposed.
Staff Analysis: The University of Dubuque is requesting an amendment to their
Institutional District to allow the incorporation of 32 parcels that they currently own into
the institutional district.
The University of Dubuque is in the process of converting the property at 959
McCormick Street to a licensed child care center for the University of Dubuque faculty,
staff and students. The University of Dubuque was granted a conditional use permit to
allow the operation of a licensed child care center at this property at the July 23, 2009
Zoning Board of Adjustment meeting.
Planning staff does not anticipate any significant impacts to adjacent properties as the
subject parcels already are owned by the University of Dubuque. The University of
Dubuque has used these parcels for residential purposes in the past, and immediate
plans are to continue the use of these parcels for residential use, except for 959
McCormick, which will be used as a licensed child care center.
Planning staff recommends that the Zoning Advisory Commission review Section 3-
5.2(D)(4) that establishes the criteria for the review of institutional district amendments.
Prepared by: ~ Reviewed: Date: 7• ZQ'• Oq'
F:\USERS\Mrettenb\WP\STAFFREPORTS\ud id expansion pd staff report.doc
Page 1 of 1
Jeanne Schneider -Rezoning of property of the University of Dubuque
From: <kkmusicnut~amchsi.com>
To: <rdbuol~acityofdubuque.org>
Date: 08/06/2009 11:23 PM
Subject: Rezoning of property of the University of Dubuque
Dear Mayor Buol,
I had recently attended the zoning meeting held on August 5, 2009 for the rezoning of property of the
University of Dubuque. During this meeting, residents of the Bennett Street neighborhood had brought
up the issues concerning parking in their neighborhood. The zoning board has also indicated that they
feel there are parking issues in this area. The residents in this area have been stressed regarding the U.D.
students parking along the street of this neighborhood. There is only parking on one side of Bennett
Street, and there are at least twenty-five homes between Grigg Place and Grandview Avenue. Some
people on Bennett do not have drive ways, and the only place they can park is on the street. These
concerns have been raised to the security department of the University of Dubuque over the past four
years. The U.D. has posted some "No Student Parking" signs from Algona to Grigg place, but the rest of
Bennett Street has also been affected by student parking problems. I am aware that there is a residential
parking permit that can be issued by the Engineering Department of the City of Dubuque, but we feel
this will not remedy the parking issue in this residential area. I understand that only two parking permits
are issued per residence, and there may be a fee involved. Some residents will be very opposed to this
idea, and the majority of Bennett Street will not find this favorable, especially since the parking is
tight at times even without the presence of student parking. There are ttimes, when those whom have
had visitors have had to find parking on other side streets, adjacent to Bennett Street. After talking
with some of the U.D. students regarding parking, they have expressed that the cost of buying a parking
permit is a factor. If the U.D. would simply incorporate the cost of a parking permit into their tuition the
students would be more likely to park in designated parking areas on the campus. We have also heard
from students that there are not enough parking spaces available on campus for them to park. We have
never really been given the facts regarding the U.D's parking capacity vs. parking permits issued. We
feel that an institution that seems to be growing needs to address these issues for their faculty and staff,
and should not depend on neighborhood parking for their institution. Please take these concerns into
consideration when making your decision about zoning on August 17, 2009 at the council meeting.
Thank you.
Julie Kay (Houselog) Schwendinger
1845 Bennett Street
Dubuque, Iowa 52001
(563)583-8349
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