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Request to Rezone - 701 Bluff Street_K&L Leasing_HearingPlanning 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 Dubuque tritri dl Aurti fay �{ 2007.2012 Masterpiece on the Mississippi 2013.2017 October 4, 2018 K & L Leasing LLC 1103'/2 Iowa St. Dubuque IA 52001 RE: City Council Public Hearing — Rezoning Request Dear Applicant: The City Council will consider your rezoning request at a public hearing on Monday, October 15, 2018. Please attend this meeting, or send a representative to the meeting in your place to present your request and answer questions. City Council meetings begin at 6:00 p.m. in the City Council Chamber, 2nd Floor, Historic Federal Building (Post Office), 350 W. 6th Street, Dubuque, Iowa. Please contact the Planning Services Department at (563) 589-4210 if you need more information or have any questions. Sincerely, Ky e L. Kritz Associate Planner Enclosures cc: Kevin Firnstahl, City Clerk Service People Integrity Responsibility Innovation Teamwork Copyrighted October 15, 2018 City of Dubuque Public Hearings # 4. ITEM TITLE: Request to Rezone - 701 Bluff Street SUMMARY: Proof of publication on notice of public hearing to consider approval of a request from K&L Leasing, LLC to rezone property at 701 Bluff Streetfrom OR Office Residential to C-4 Downtown Commercial 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 rescinding Ordinance 14-18 which provides regulations for the South Pointe PUD Planned Unit Development District with a planned Residential Designation and now being amended to modify setback requirements for Townhouse Dwellings SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type ZAC Letter Staff Memo Applicant Material Supporting Documentation Vicinity Map Supporting Documentation Staff Material Supporting Documentation Ordi nance Ordi nance Suggested Motion Wording Supporting Documentation Plamting Services Deparhnent '�' City I-Iall Dubu ue 50 West 13��Street THE CtI'Y OP 9 Dubuque,IA 52001-4364 W� (563)589-4210 phone ��1..J L 1� ��1 (563)589-4221 fax (563)690-6678 TDD . plannin��n �cityofdubuque.org Masterpiece on the Mississippi 2at�.za1� I October 8, 2018 � ii The Honorable Mayor and City Council Members �I, City of Dubuque ' City Hall — 50 W. 13�h Street , DubuquelA 52001 Applicant: K & L Leasing, LLC Location: 701 Bluff Street Description: To rezone from OR Office Residential to C-4 Downtown Commercial 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, noting the rezoning will facilitate the opening of a new restaurant in the building. Staff reviewed the staff report, reviewing surrounding zoning and land use, allowed uses in the C-4 Downtown Commercial District, and parking availability. There were no public comments. The Zoning Advisory Commission discussed the request, and found it appropriate. 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. i Respectfully submitted, I ��--.%�6��-� � Thomas Henschel, Chairperson Zoning Advisory Commission Attachments Se�vice People Integrity Responsibility Hmovaflon Teamwork �n-ic crrr or City of Dubuque DT 7 Q � Planning Services Department �J U Dubuque, IA 52001-4805 �Nnsfcrpiccc nn thc Mississippi Phone: 563-589-4210 Fax: 563-589-4221 plannina(acitvofdubuaue.org PLANNING APPLICATION FORM ❑Variance ❑Preliminary Plat ❑Simple Subdivision ❑Certificate of Appropriateness ❑Conditional Use Permit ❑Major Final Plat ❑Text Amendment ❑Advisory Design Review (Public Projects) ❑Appeal ❑Minor Final Plat ❑Temporary Use Permit ❑Certificate of Economic Non-Viabilitv ❑Special Exception ❑Simple Site Plan ❑Annexation ❑Historic Designation cnoose one ❑Limited Setback Waiver ❑Minor Site Plan ❑Historic Revolving Loan ❑Demolition ❑�Rezoning/PUD/ID ❑Major Site Plan ❑Historic Housing Grant ❑Port of Dubuque Design Review Please Npe or orint leaiblv in ink ProPertyow�er(5): K & L LeBsing LLC Pho�e: 563-587-1909 ��Aad�ess: 1103 1/2 lowa Street c�ty Dubuque srare: IA Z�P 52001 Fax #: CeII #: E-mail: Applicant/Agent; S2111@ 8S AI�OVe Phone: Address: City: State: Zip: Fax #: CeII #: E-mail: 701 Bluff BluffStreet Site location/address: Neighborhood Association: OR C-4 Cathedral Existing zoning; Proposed zoning: District: Landmark: 0 Yes 0 No Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): �0252�7�24 & ��252�7025 Total property(lot)area (square feet or acres): Describe proposal and reason necessary (attach a letter of explanation, if needed): To rezone property from OR Office Residential to C-4 Downtown Commercial Zoning District to allow a restauranUbar. CERTIFICATION: I/we, the undersigned, do hereby certify/acknowledge that: 1. It is the property owner's responsibility to bcate 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. i I1 Z I,20� Property Owner(s): �_ . 7 �. r ..._ Date: i�I / � i r Applicant/Agent: Date: FOR OPPICE USE ONLY—APPLICATIO - �BMITT CHECKLIST �� Fee: $459 Received b � Date: � �'��Docket: �i`l.. %�� . Duhuque 759 /�� 745 �� THE CTTY OC �� ....,- � � �.� � .,- mmnuW . . ^ , DUS E 'I�I�I.` � /.'.. 743 , �, - 395 zam�zoiz � , � /�[75f2TE712CC 077 t)iP 1�/I1551551)7j71 xouaov \ % � ��, Vicinity Map : - \ , - , y= \ -- ,. , - _ , , , - �a, - - - ; / .� � , � , , , � � / �� g � � � �—;' � �:�,�a°� � � � � � NN � \ / - BIIP -- ,1 � PS YP� 729 �`..� ',_� �+ � / '"� • I I I� I �� I • � / . ... . . ;- , •�.__I_._i. .J u � / �� / .�.. �'...� ZN`'t I I^II oaoces - �� W� I r' ` _ / / r_'� l` �' '� t_` _ \�� "'r i`= � _ � � ' .. � ; � � I' r� ,3'�i� ��`i i � -� � �.. .' '' r� Ix-"� `__�rl .. .... -' i _y- I T.i_ / �-' / �1 - �� - ,- � . � � 703 � � �. .. . '�..� 4 721 � \ City of Dubuque � �oi � � �� Applicant: K& L Leasing, LLC � \ Location: 701 Bluff Street \\ i \\ Description: To rezone from OR Offce � �� Residential to C-4 Downtown � Commercial Zoning District. �\ @ � \ A �� i , � '. Parcels i soo ' , �� Subject Property � 679 i .��"� ��/�� '� DISCLAIMER'TM1'slnformellonwascomPleGusn9l�e / DubuqueAreeGeoq�aD��clMoimel'onSjslem(OAGIS)wMc� N -'� 655 %� intlutlestle�ecrealedbyDofM1iheCityofOubuqueentl � � � � ! �� ououquacounry. ��i naerstomme� wn��atnec�yot ,.- - \ �uCuOuaentlpeM1ep� ge9enciesutlllxGin o�curzem % - enGaccurate'ntmmetlonevalla0le DPGIS d'1 upplersEo .�� '-� 653 �� `, no�werremmeecmreryorcunencyonn 'tnnatonoree�e � � caMe�tlM1ereln. TheClyentlOeM1cpel g genciesshellnol � �l � / / �� \ pe�elElleGleforenyQmM,'mQreet,incitlenlel.conseQuentlel, �� '�� 625 ouniti rspeneltlemeges.w�et�erforeseee�lear 1:500 0 25 50\ �100 - �� mf Ole,ansingoutonheemnonzeEoruneut�onzetl - us<of IMs Gele or[M1e inebiliry to use IM1Is Oale or out ot eny Feet� � � sQ� Dreacnotxananrywnelsaever. REZONING STAFF REPORT Zoning Agenda: October 3, 2018 Property Address: 701 Bluff Street Property Owner: K & L Leasing Applicant: Same Proposed Land Use: Commercial/Residential Proposed Zoning: C-4 Existing Land Use: Office/Residential Existing Zoning: OR Adjacent Land Use: North — Residential Adjacent Zoning: North — OR East — Washington Park East — C-4 South — Parking Lot/Office/Residential South — OR West — Residential/Bluff West — OR Former Zoning: 1934 — MF; 1975 OR-1 1985 — OR Total Area: 2,142 square feet Property History: The subject property is half of an 1888 Queen Anne/Second Empire Double House. The property is part of the original town plat and is located in the Cathedral Historic Preservation District. Physical Characteristics: The subject property is an approximately 2,142 square foot lot located midblock along Bluff Street between 6�h and 7th Streets in a mixed-use area. The property accommodates half of an 1888 Queen Anne/Second Empire Double House. The footprint of the subject building is approximately 1,310 sq. ft and shares a common lot line with the other half of the duplex to the north. The property is bordered by the other half of the double house being used as a duplex to the north, Bluff Street and Washington Park to the east, a nine-space parking lot to the south and a bluff to the west. There are metered parking spaces located on both side of Bluff Street at this location. Concurrence with Comprehensive Plan: The Comprehensive Plan goals promote infill and mixed-use residential and commercial development and recommends buffering non-compatible uses from each other. The City's 2030 Future Land Use Plan identifies this area as commercial/residential. Impact of Request on: Utilities: All City utilities are available to the property. Rezoning Staff Report — 701 Bluff Street Page 2 ! Traffic Patterns/Counts: IDOT 2013 Traffic maps indicate 4,000 average daily trips ' south bound along Bluff Street just north of the subject property. � Public Services: Existing public services are adequate to serve the site. i Environment: Staff does not anticipate any adverse impact to the environment as i the site is fully developed. �i i Adjacent Properties: The property is bordered by the other half of the double house � being used as a 3-plex to the north, Bluff Street and Washington Park to the east, ! a parking lot to the south and a bluff to the west. The other surrounding property consists of the Carnegie-Stout Public Library, a parking lot, and the back side of commercial buildings with upper story residential development that face Main � Street. The applicant owns the parking lot on the adjacent property. The proposed rezoning should have little additional impact on the neighborhood. Staff Analysis: The applicant is requesting to rezone the subject property from OR Office Residential to C-4 Downtown Commercial district. The property is a 2,142 square foot lot located midblock along Bluff Street between 6th and 7th Streets in a mixed-use area. The property accommodates half of an 1888 Queen Anne/Second Empire Double House. The footprint of the subject building is approximately 1 ,310 sq. ft and shares a common lot line with the other half of the duplex to the north. The property is bordered by the other half of the double house being used as a duplex to the north, Bluff Street and Washington Park to the east, a nine-space parking lot to the south and a bluff to the west. There are metered parking spaces located on both side of Bluff Street at this location. The applicanYs request represents an expansion of the C-4 district that located across Bluff Street. The C-4 district permits additional commercial uses that are not permitted in the OR district. Several of the uses listed in the C-4 district would not likely locate on the subject property due to site constraints such as limited access, parking and building/lot area. In addition, some of the more intense vehicle related uses in the C-4 district such as drive-through restaurants and vehicle repair require that the Zoning Board of Adjustment review and approve a Conditional Use Permit at a public hearing. Staff recommends the Commission review the criteria established in Section 6-1.1 of the Zoning Ordinance regarding granting a rezoning. Prepared b � eviewed: �� ate: �'Z� �� .. . � �..M -. p; ..(� � .. '�N .e," - `?y',,� ` �III � F .� i � ".. 3�.. ' v r " M' 4 .4' - .t 7�,.x.t '�T �,. I 'fr J/ M >A R . .� � r 'p:µ�`� � �� . 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I�� J � ' — - h Ki�"H° �r '"e; .�r- �. ii:,.r"°, ,i- M.i '�r�°':� '�y -,;:�'� , � ' �- 4 _ � 701 Bluff Street—2016 Pictometry Image y `\, � , '� : �� >^� �'Y e� .��` - ; :, ry::., a , t � v_J�. -� : � , _� �� - �� ' �. � ` :•� . � � � , !! � � .\ .� �an :'F'a� �'} ijini . = I � � ,"-�rf � ' . fi � � �.�. ' A V . `� . _ � ,.. � .* � Y 9�. _r �1 ; � = .��.�� 4�► j `�-�;.. u- :_. a�,. .:� II, � „v. i�u,,, —' — �, „ t � ` a '.; � ii � .. 1� ' . , '/ � : 1 ��;� :� - = . � _ ,�,- ---� i.a"c'�_'. _ ` „ ` �.<: � -� :, , . Y . 701 Bluff Street-2013 Google Street View Image Section 2-Land Use Regulations Article 5: Zoning Districts j-14 C-4 Downtown Commercial L C't:�'j.� -.�. � F The C-4 District is intended to provide]ocations in the downtown commercial areas of ' � s �;•''� f the City fa a large variety of uses. The C-4 District is not iutended Yo have any applica- 1.:� � '� � � ,,,,� � � � � tion in undeveloped or nawly develo�ing areas of the City. The regulations for this dis- .� � ` � trict are designed to encourage the maintenance of existing uses and the private reinvest- =-r .. „�� menf and redevelopmeuY of new uses. � : �� _ . - 5-lA.l Principal Permitted Uses I)epartment sYore The following uses are pe�mitted in the C-4 District: 1. Agricultural supply sales 2. Animal hospital or clinic 3. Appliance sales or service I 4. Art gallery, museum, or library 5. ArtisY studio � __ 6. Auditorium or assembly hall r -�1. 7. Automated gas station �+u s e u M ,`. �, ' g. Bakery(�vholesale/commercial) :s :�: I ' �� ,� .� 9. Banks, savings and ]oan, or credit union i : .�� r_ ,�� ]0. Bar or tavern - ' 11. Barber or beauty shop ' ]2. Business services 13. Catalog center � 1�4useu�n 74. Constivetion supply sales or seivice 15. Contractor shop or yard ' 1 G. Dental or medical lab I � 17. Department store 18. Furniture upholstery or repair 19. Ftirniture or home fumishing sales ' 20. Gas station ' 21. General office � , ' , ! 22. Grocery store _ . - . " ''� ! 23. Hotel , � 24. Housing for the elderly or persons wiYh disabilities �I� 25. Lidoor amusement center 26. Indoor recreation facility I 27. Indoor restaurant ---J 28. vidoor tl�eater Se�vice station 29. Laundiy, drycleaner, or laundromat "u;;� 30. Medical office 31. Mortuary or funera] home 32. Neighbarliood shopping center 33. Parking structure 34. Pet daycare or grooming '•,� 35. Photographic studio � �' 36. Place of religious exercise or assembly =�`�`'' 3 7. Printing or publishing � ��- � 38. Privateclub � �.�� 39. Public, private or parochial school approved by the State of lowa(K-12) - - � ` 40. Railroad or public or quasi-}�ublic utility,including substation 41. Residential use above the first floor only �': .-- 42. Retail sales or service E Parlci�ig structure � . - z� .a'rvor ' ::� DuBL uE � Section 2 Land Use Regulations Article 5: Zoning DisYricts 43. School of private instruction 4A. Service station 45. Shoe repair 46. Supennarket 47. Tailor or alteration shop 48. Tattoo Parlor 49. Tour home 50. Upholstery shop 57. Vending or game machine sales or service 52. Wholesale sales or distributor 5-14.2 Conditional Uses The following conditional uses may be permitted in the C-4 District, subject to the provisions of Section 8-5: I 1. Carwash 2. Licensed adult day services 3. Licensed child care ce�ter 4. Off-street parking 5. Passenger transfer facility 6. Restaurant, drive-in or canyout 7. Vehicle body shop 8. Vehicle sales or rental � 9. Vehicle service or repair 10. Wind energy conversion system 5-14.3 Aceessory Uses i The following uses are permitted as accessory uses as provided in Sectim� 3-7: 1. Any use customarily ii�cidental and subordinate to the principal use it se�ves 2. Crematorium accesso�y to a moituary or funeral home 3. Drive-up automated bank teller 4. Wind turbine(buildino mounted) 5-14.4 Temporary Uses Temporary uses shall be regulated in confoimance with the provisions of Secfim�3-19. 5-14.5 Parlcing Off-street parking is not required.New surface off-street parking lots are prohibited unless approved by the City � Council. Underground and above-groLmd parking garages are allowed provided tl�ey are an integral part of a new or existing building. _ 5-14.6 Signs -�c Signs shall be regulated in conformance with the provisions of Artiele 15. - r o. � ,- Dus E ' Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210 Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589-4121 ORDINANCE NO. 40-18 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 701 BLUFF STREET FROM OR OFFICE RESIDENTIAL DISTRICT TO C-4 DOWNTOWN COMMERCIAL 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 OR Office Residential District to C-4 Downtown Commercial District, to wit: Lot 1 of 2 of 2 City Lot 653 and Lot 1 of 3 City Lot 653A, 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. Passed, approved and adopted this 15th day of October 2018 Attest: Kevi . Firnstah City Clerk Roy D. Buol, Mayor STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, 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: October 05, 2018, and for which the charge is $21.89. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this //e2 day of Zar4/„ , 20 / . Notary Public in and for Dubuque County, Iowa. MARY K WESTERMEYER Commission Number 154885 My Commission Exp. Feb. 1, 2020 CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE is hereby giv- en that the' Dubuque City Councilwill con- duct public hearings at a meeting to com- mence at. 6:00 p.m. on Monday, October 15,, 2018, in the Historic' Federal Building, ,sec- ond -floor, 350 W. 6th Streetthe, Dubuque ' on following: Planned Unit Dever: opment . (PUD) Amendment Request from Dubu- que South Pointe, • LLC to amend ''the South Pointe PUD to revise townhouse setback re- quirements, in the 'South Pointe Subdivi Son i. Rezomngo, Request from K & L Leasing LLC to rezone property at 701. Bluff Street .from, OR Office Residential to C-4 Downtown Commercial Zoning District. Copies of supporting', documents for the pub- lic hearings are on file in the City Clerks Of- fice, City Hall, 50 W. 13th St., Dubuque, Iowa, and may be viewed during normal working hours. Written comments re- garding the above pub- lic hearings ,may be' submitted to the City Clerks Office, 50 W. 13thsaid es; St onoofr before tim, hearing. At said time andplace of public hearings all. interested citizens and parties will ,be given an oppor- tunity to be heard for. or against said propos al. Any visually- or hear- - ing-impaired ! persons., needing special assis- tance or persons with special accessibility needs should contact the City Clerks Office, at (563) 589-:4100 or TDD (563) 690-6678 at least 48 hours prior to the meeting. Kevin S., ri rnstahl, CMC, City Clerk, It 10/5" ' STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, 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: October 19, 2018, and for which the charge is $15.28. `Fr-`-vq- Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this ....110'e0 day of , 20 « . /0,4974,-(ic Notary Public in and for Dubuque County, Iowa. r, �Ets ivsayr�s' p a�r ,� t ia4Pi_r.�,�¢_...a Uor nli"I"15il i\It or 154N0 I p My2 �,Of� � i �.icail � !� Feb.E�1b.'I, c�N!U OFFICIAL PUBLICATION ORDINANCE NO. 40-18 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- I FIED DEVELOPMENT CODE, BY RECLASSI- FYING HEREINAFTER DESCRIBED PROPER TY LOCATED AT 701 BLUFF STREET FROM OR OFFICE,,.RESIDEN- TIAL DISTRICT TO C-4 DOWNTOWN COM- MERCIAL DISTRICTv NOW }THEREFORE,:' BE 1T Of31AINED BY THE CITY" COUNCIL'OF THE CITYIOWA: OF DUBUQUE, Section 1. That Title: 16 of the City of Dubuque Code of Ordi- nances, rdi nances, Unified Devel- opment Codd,is hereby amended by reclassify- ing the hereinafter eclassify-ingthehereinafter. de- scribed property from OR Office Residential District to C-4 Down- town Commercial Dis- trict, to wit:!, Lot 1 of 2 of 2,City Lot 653 and Lot 1;;of 3 City Lot 653A, and to the centerline of the ad- joining public right-of- way, all inl the city of Dubuque, low8. Section 2. The forego-, ing -amendment has '. heretofore been ' re- viewed by. the Zoning Advisory Commission of the City of Dubuque, l owa. Section 3. This ordi- nance shall take effect irpmediately'upon pub- lication, as,provided',by law. Passed, approved and adopted this 15th' day of October 2018. ,/s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 19th day of October 2018„` /s/Kevin S. Firnstahl, City Clerk It 10/19