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Request to Rezone 400 Block of Lincoln_Michelle MihalakisPlanning 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@cit~of dubuque.org THE CITY OF Dubuque DUB E ~' Masterpiece on the Mississippi t) ~ I ~^~ 2007 September 4, 2009 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 Applicant: Michelle Mihalakis Location: 400 Block of Lincoln Avenue (parcel #10-24-211-011) Description: To rezone property from R-2A Alternate Two-Family Residential District to OR Office Residential 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 existing condition of the property, proposed use and surrounding land use. Staff reviewed the surrounding land use and zoning, access and history of the site. There were no public comments. The Zoning Advisory Commission discussed the request, noting that the proposed rezoning will facilitate redevelopment of the site and will be compatible with surrounding property. Recommendation By a vote of 5 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, ~~~~~~ Charles Miller, Vice Chairperson Zoning Advisory Commission Attachments Service People Integrity Responsibility Innovation Teamwork THE CITY OF DuB E lll~ ~ ~ City of Dubuque Planning Services Department Masterpiece on the Mississippi ~ ~., 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 ^Planned District ^Major Site Plan ^Certificate of Economic Non-Viability ^Preliminary Plat ^Major Final Plat ^Certificate of Appropriateness ^Minor Final Plat ^Simple Subdivision ^Historic Designation ~,u , _ _ ~v ^Text Amendment ^Annexation Neighborhood Association ^Simple Site Plan ^Temporary Use Permit Other: Rezoning ^Minor Site Plan Please type or orin~t/l fe/g~ i~bly in ink ~ ,~j/,' ,~ / , ,, Property owner(s): " / ~ ~ G~~~~ ~""""`~""~' ~/~~ -.3~D q Phone: ~ ~7 ~ °?ggD Address: a~J~S `~/1 G~~~- ~L City: ~~~~` ~ State: SIYr Zip: ~o?D4 ~ Fax Number: Cellular Number: E-mail Address: Applicant/Agent: ~~~ Phone: Address: City: State: Zip: Fax Number: Site location/address: Cellular Number: E-mail Address: ~ [~~O'~ ~ Existing zoning: !,'-a~ Proposed zoning: ~~_Historic District: ~~ Landmark: /~d Legal Description (Bidwell parcel ID# or lot number/block number/subdivision): ~0 o~y o?~/ ~ ~ Total property (lot) area (square feet or acres): Describe proposal and reason necessary (attach a letter of explanation, if needed):. /0 !"~/1,,(J)~~ YD~Zy~ -~-~~ I~-al~- tD d~ ~ acconi~-nodc.~le G 5~~2 . CERTIFICATION: I/we, the undersigned, do hereby certify that: 1. It is the properly 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. Ali additional r wri phic ached. Property Owner(s)• Date: ~~ Applicant/Agent: Date: FOR O FICE USE ONLY - APPLI SUB A CH CKLIST y 23`OS Docket: I . ''2'~ -~. Fee: a 'Received b Date: ^ Site/sketch pian^ Conceptual evelop t ^Photo ^ Plat ^ Improvement plans ^ Design review project description ^ Fioor plan -- ^ Other: - -- ------ -~---- - - - - - - -- - ---- Dubuque ,' ~ I ~ r THE CITY OF ~' DuB ~~ Masterpiece on the Mississippi Vicinity Map Applicant: Michelle Mihalakis N Location: 400 Block of Lincoln Avenue Description: To rezone property from R-2A Alternate Two-Family Residential District to OR Office Residential District. Base Data provided by Dubuque Countv GIS 1 REZONING STAFF REPORT Zoning Agenda: September 2, 2009 Property Address: 400 Block of Lincoln Avenue (Parcel ID# 10-24-211-011) Property Owner: Applicant: Michelle Mihalakis Same Proposed Land Use: School Existing Land Use: Vacant Adjacent Land Use: North -Residential East -Residential South -Residential West -Industrial/Residential Former Zoning: 1934 -Business A/Business B 1975 - R-4 1985 - R-2A Proposed Zoning: OR Existing Zoning: R-2A Adjacent Zoning: North - OR East - R-2A South - CS/OR West - R-2A/H I Total Area: Approx. 9,700 sq. ft. Property History: The property historically served as a railroad right-of-way and was vacated circa 1980. The property was bought by a private owner and has been vacant since its acquisition. Physical Characteristics: The property is level, narrow and deep, being approximately 225 feet by 42 feet. The property has frontage along Lincoln Avenue and abuts the side and back yards of residences along Elm and Kniest Streets. Concurrence with Comprehensive Plan: The Comprehensive Plan encourages the concept of mixed use development to create diverse and self-sufficient neighborhoods. It also recommends that incompatible uses be buffered and protected from each other. The Future Land Use Map calls for this property to remain residential. Impact of Request on: Utilities: Existing utilities are adequate to serve the site. Traffic Patterns/Counts: There are no traffic counts available for 21St Street/Lincoln Avenue near the subject property. Staff anticipates, because of the size and shape of the lot, that development will be limited at this location. Therefore, staff anticipates that development of this vacant parcel will generate little additional traffic. Public Services: Existing public services are adequate to serve the site. Rezoning Staff Report - 400 Block of Lincoln Avenue Page 2 Environment: Staff does not anticipate any adverse impact to the environment provided adequate erosion control and storm water control are provided during all phases of development. Adjacent Properties: The subject parcel is positioned at the rear and side yards of nine adjacent houses. Development of this parcel will, therefore, be visible from the back yards of the adjacent residences. Site .Plan Requirements: Site plan standards require that any parking lot associated with development of this parcel must be screened from adjacent residential properties. Also, the subject parcel has served as a long standing enforcement problem because it is vacant and served as storage for junk and inoperable vehicles. Redevelopment of this property, subject to site plan requirements, should have a beneficial effect on the adjacent residential properties. CIP Investments: None proposed. Staff Analysis: The applicant is proposing to rezone a long narrow strip of property that formerly served as railroad right-of-way from R-2A Alternate Two-Family Residential district to OR Office Residential district. The property is currently vacant and has often been used to store inoperable vehicles and junk. The property is long and narrow, being approximately 225 feet deep and 42 feet wide with approximately 40 feet of frontage along Lincoln Avenue. The property is surrounded by the rear and side yards of nine residences. The property also borders an equipment storage lot zoned HI Heavy Industrial district and is located across Lincoln Avenue from an existing multi- family single-room occupancy residence and a contractor shop and yard. The applicant has recently rezoned the property to the north of the subject lot and is developing another single-room occupancy residence at this location. Redevelopment of this property for any of the permitted uses in an OR District will be limited by the square footage and configuration of the parcel. The applicant has expressed the intention to develop a small single-story school house with parking at this location. Site plan standards will require that any parking areas associated with the proposed development be screened from adjacent residential properties. Redevelopment of this site will also serve to remove the accumulated junk and vehicles and will improve the unkempt nature of the property. Staff recommends the Commission review the criteria in Section 6-1.1 regarding reclassification of property. Prepared by: Reviewed: ate: f~• Z6 • cx/ Prepared by: Laura Carstens, City Planner .Address: Citv Hall, 50 W. 13th St Telephone: 589-4210 Return to: Jeanne Schneider, City Clerk Address: Citv Hall- 50 W. 13~' St Telephone: 589-4121 ORDINANCE NO. 47 -09 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED IN THE 400 BLOCK OF LINCOLN AVENUE FROM R-2A ALTERNATE TWO-FAMILY RESIDENTIAL DISTRICT TO OR OFFICE RESIDENTIAL ZONING 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 is hereby amended by reclassifying the hereinafter-described property from R-2A Alternate Two-Family Residential District to OR Office/Residential District to wit: All of Burton W. Boyes Place #3, 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. law. Section 3. This ordinance shall take effect immediately upon publication, as provided by Passed, approved and adopted this 21St day of September, 2009. Attest: r/~ eanne F. Schneider, City Clerk r ~< o ~ ce -. Connors, Mayor Pro-Tem F:\USERS\MELINDA\WP\COUNCIL\ORDINANCES\400 BLOCK LINCOLN AVE ORD.DOC 2105 % Kniest Street Dubuque,lA 52001 August 19, 2009 Zoning Board of Adjustment Planning Services, City Hall, Second Floor 50 W.13th Street, Dubuque, IA 52001 RE: The School of Design and Innovation Dear Sir or Madam: This letter is to support Michelle Mihalakis in the zoning of the School of Design & Innovation. This would be an exciting opportunity for the neighborhood creating teaming possibilities. Building the school on the old railroad property located at 21~ & Lincoln would eliminate the litter and debris that collects there. This property has been vacant for years. It would be an asset to have a well maintained building such as the one Michelle is purposing on this site. Sincerely, Kathleen M. Davis