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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 file://C:\Documents and Settings\jschneid\Local Settings\Temp\XPgrpwise\4A7C2A02D... 08/07/2009