Request to Rezone Property at Oneida & Vinton Streets_Evan Smith Copyrighted
May 6, 2019
City of Dubuque Public Hearings # 1.
ITEM TITLE: Request to Rezone Property at Oneida& Vinton Streets
SUMMARY: Proof of publication on notice of public hearing to consider
a request from Evan Smith to rezone property at the corner
of Oneida& Vinton Streets from R-1 Single-Family
Residential Zoning District to R-2 Two-Family Residential
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
Reclassifying hereinafter described property located at the
corner of Oneida and Vinton Streets from R-1 Single-
Family Residential District to R-2 Two-Family Residential
District
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B;
Motion A
ATTACHMENTS:
Description Type
ZAC Letter Staff Memo
Application Supporting Documentation
Vicinity Map Supporting Documentation
Staff Material Supporting Documentation
Ordi nance Ordi nance
Suggested Motion Wording Supporting Documentation
Pla�mnig Services Department
City Hall Dubuque
50 West 13���Street THE CITY OP
DuUuque, IA 52001-4864 utl�n�
(563)589-4210 phone � V L L 1 I�I�I I 1
(563)589-4221 fax
(563)690-6678 TDD aumaoiz
planning��cityofdubuque.ore Masterpiece on the Mississippi wts•1on
April 24, 2019
The Honorable Mayor and City Council Members
City of Dubuque
City Hall — 50 W. 13t'' Street
DubuquelA 52001
Applicant: Evan Smith/Merrick Construction i
Location: Corner of Vinton and Oneida Streets
Description: To rezone property from R-1 Single-Family Residential to R-2 Two-Family
ResidentiaL
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 location of the property and
that the rezoning would allow him to have a duplex constructed for his family.
Staff reviewed the staff report, noting surrounding zoning, land use, and existing street
system. Staff noted existing zoning would allow construction of six (6) single-family
homes. Staff noted the rezoning would allow the potential for four (4) additional units.
Staff reviewed access to the property and direction of storm water flow. �
There were two public comments. One resident spoke regarding storm water concerns
and questioned the impact a duplex would have on the neighborhood. The other
speaker was the former property owner, and reviewed the direction of storm water flow.
The Zoning Advisory Commission discussed the request, reviewing storm water
management requirements.
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.
Service People Integrity Responsibility Innovation Teamwork
The Honorable Mayor and City Council Members
Page 2
Respectfully submitted,
�_,���,/
Thomas Henschel, Chairperson
Zoning Advisory Commission
Attachments
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Service Pcoplc Integrity Responsibility lnnovafion Teamwoxk
City of Dubuque I
oubu9�� Plannin Services De artment I
THE QTY OP �..�.x.� 9 P
uF,.=s��:�, Dubuque, IA 52001 4845 �
��� �-i ������.� Phone: 563-589-4210 i
Fax: 563 589-4221 I
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Masterpiece on flte Mississippi ,�,,.,o�� P
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PLANNIPlG APPLICATIOfV FORM i
�Variance ❑Preliminary Plat ❑Simple Subdivision ❑Certifcate of Appropriateness I
❑Conditional Use Permit ❑Major Final Plat �Text Amendment ❑Advisory Design Review (Publlc Projects)
❑Appeal ❑Minor Final Plat ❑Temporary Use Permit ❑Certifcate of Economic Non-Vlability
❑Special Exception ❑Simple Site Plan ❑Annexation ❑Historic Designation
❑Limited Setback Waiver ❑Ntinor Site Plan ❑Historic Revolving Loan ❑Demolitlon
�`�]Rezoning/PUD/ID ❑Major Site Plan ❑Historic Housing Grant ❑Port of Dubuque/Chaplain Schmitt Island
Design Review
Please ripe or print leaiblv in ink
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Site location(address:� O�a?�,+z>� Neighborhood Association: �..�[i'
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Le9al Description (Sid��vell parcel IDN or lot number/block number/subdivision): IO "'I Z-' I 8�a� - ���
Total property Qot) area (square feet or acres): -��� �7O['� S�h, i tT�-
Describe proposal and reason necessary (attach a letter of expianation, if needed):
CERTIFICATION: I/w�e, the undersigned, do hereby certlfy/acknowledge that:
1. It is the property owner's responsibility to locate property lines and to revie�,v the abstrad for easements and restridive
covenants.
2. The information submitted herein is true and mrrect 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���ritten and graphic materials are attached.
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Property Owner(s): ��" -i_`-_-i'""� Date: � '��� ��
Applicant/Agent: �i�w., •�'�`^��"h Date: ���� �' �9
FOR OFFICE USE ONLY-APPLICATION SUBMII�'AL CHECKLIST
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REZONING STAFF REPORT Zoning Agenda: April 3, 2019
Property Address: Corner of Vinton and Oneida Streets
Property Owner: Merrick Construction and Development
Applicant: Evan Smith
Proposed Land Use: Residential Proposed Zoning: R-2
Existing Land Use: Vacant Existing Zoning: R-1
Adjacent Land Use: North — Residential Adjacent Zoning: North — R-1
East — Residential East— R-1
South — Residential South — R-1
West — Residential West— R-1/R-2
Former Zoning: 1934 —County AG; 1975 — County AG
1985 — R-1 Total Area: .7 Acres
Property History: The property was originally subdivided circa 1890 and a farm house
built on one of the lots in 1898. The property was annexed to the City in 1979 and the
subject lot has remained vacant since that time. The farm house has been removed in
2018 and a new single-family home built in its place and a new duplex has been built
on the adjacent lot.
Physical Characteristics: The subject property is a 30,000 square foot lot with 100 feet
of frontage along Vinton Street and 300 feet of frontage along the platted but
unimproved Oneida Street right-of-way. There is a platted but unimproved alley along
the west side of the subject lot. The property is sloped dropping approximately 56 feet
in elevation from the north property line to the south property line. Vinton Street is a
substandard street with a 60-foot-wide platted right-of-way and approximately 20 feet of
pavement with no curb, gutter, shoulders or sidewalks.
Concurrence with Comprehensive Plan: The Comprehensive Plan goals promote
infill and mixed-use residential development and recommend buffering non-compatibie
uses from each other. The City's 2030 Future Land Use Plan identifies this area as
residential.
Impact of Request on:
Utilities: City water is available to the site along the Vinton Street frontage and
there is a hydrant directly across the street from the subject property. The water
main is adequate to serve the proposed development. City sanitary sewer service
i
Rezoning Staff Report — Corner of Vinton and Oneida Streets Page 2
is available to this site both north and west of the subject lot. Depending on which
sanitary sewer is tapped, a pump and force main may be necessary.
Traffic Patterns/Counts: There are no traffic counts available for Inwood or Vinton
Streets or for the streets accessing the neighborhood. There are 10 houses along
Inwood Street and 3 along Vinton Street and development of the subject property
should add very little traffic to the surrounding streets.
Public Services: Existing public services are adequate to serve the site.
Environment: Staff does not anticipate any adverse impact to the environment as
single or two-family development will create little additional impermeable area and
storm water will sheet flow south through the subject lot into a depression on the
platted but unimproved Toledo Street right-of-way.
Adjacent Properties: If the subject lot is further subdivided, the platted but
unirnproved Oneida Street right-of-way would have to be paved and improved to
City standards to create access. This, while cost prohibitive, would enable the
property to be developed for 4 additional duplexes or 5 additional single-family
houses. If the rezoning were to be approved and the property fully developed, the
net gain to the 30,000-square foot lot would be four units. The R-2 regulations
require similar setbacks, maximum buildi�g height and number of off-street parking
spaces per unit. Development of the interior lots would be costly and difficult due
to the site topography, required street improvements and extension of utilities. if
the property were to be fully developed under R-2 regulations, there should be little
additional impact on the neighborhood.
CIP Investments: None proposed.
Staff Analysis: The applicant is requesting to rezone the subject property from R-1
Single-Family Residential district to R-2 Two-Family Residential district. The property is
a 30,000 square foot lot with frontage along Vinton and Oneida Streets with an alley
along the west side of the property. Vinton Street is a substandard street with a 60-foot-
wide platted right-of-way and approximately 20 feet of pavement with no curb, gutter,
shoulders or sidewalks. Oneida Street is platted but unimproved. The property is
sloped dropping approximately 56 feet in elevation from the north side property line to
the south side property line. Either single or two-family development will create little
additional traffic or impermeable area and storm water will sheet flow through the
subject lots into a depression on the platted but unimproved Toledo Street right-of-way.
The neighborhood is characterized primarily by single-family homes on large lots.
However, the adjacent property to the west was rezoned in 2018 and a duplex built on
one of the lots. If the subject lot is further subdivided, three additional dupiexes, for a
_ _ _ __
Rezoning Staff Report — Corner of Vinton and Oneida Streets Page 3
total of six units could be built on the property. Development of the interior lot(s) would
require that the platted but unimproved Oneida Street right-of-way be paved and
improved to City standards to create access. This, while cost prohibitive, would enable
the property to be developed for 4 additional duplexes or 5 additional single-family
houses. If the rezoning is approved and the property is developed for duplexes, the net
gain to the 30,000-square foot lot would be four units. Development of the interior lots
would be difficult due to the site topography, required street improvements and
extension of utilities. The R-2 regulations require simiiar setbacks, maximum building
height and number of off-street parking spaces per unit.
If the property were to be fully developed under R-2 regulations, there should be little ,
additional impact on the neighborhood I
Staff recommends the Commission review the criteria established in Chapter 9 of the
Unified Development Code regarding granting a rezoning.
Prepared by: G� Reviewed: . Date: 3 •Z6• �
Section 2—Land Use Regulations Chapter 3: General Provisions I
SEC1'ION 2—LAND USE REGULATIO�S
Chapter 3: General Provisions
3-1 Provisions of Code Declarcd to be Minimum St�udards
The provisions of this Code are the minimum requirements for promoting the health, safety, sustainability, and
gencral welfare oFthe community.
3-2 Ceneral Lot Sizc Rcquirements and Standards
No building shall be built upon a lot without the required mi��imum fi•ontage along an improved private or public
street Uuilt to minimum City street standards. No building shnll be built upon a lot without a City approved
drive�vay access to a public or private street or alley.
3-3 Application and Scope of Regulations
A. No building,suucture,or part thereof, shall hereafter be bttilt, moved or altered,and no building, structwe or
land shall hereafter be used or occupied upon a lot which is smaller in area than the mininmm lot area or
minimum lot area per dwelling unit; narrower than the miuimum lot width; or shallower than the minimum
lot depth mquired in [he zoning district in which Ihe building, structurc or land is located.
B. No existino building or shucture shall liereafter be built or altered so as to conflict or further conflict with
this Code.
C. [3ulk Regulations: This Codc expresses bulk regulations in terms of maximum building or structwc height,
maximum lot coveragc, and minimum front, side and rear yards. Unless permit[ed elsewhere in this Code,no
i
building, structure or pait thereof, shall herelfter be built,moved or remodeled, and no building, structure or �
land shall hereafter be used, occupied or designed for use or oceupancy so as to exceed the maximum build- �
ing or structure height, or marimwn lot coverage specified for the zoning district in which die building or �
structure is located.
U. Within residential districts,only one principal permitted use or structure shall be located on a single zoi�ing
lot. In other districts, any number of structures or uses permitted by this Code may be built, moved,lltered, i
used or occupied, provided tl�at the individual district regulations can be met.
3-4 Reduction in Lot Arca Pirohibited
No lot exis[ing on the effective date of this Code shall be reduced in dimension or ama below the minimwn re-
quirements set forth hcrein.
3-5 Obstrnctions to Vision at Street Intersections Prohibited
A. On any corner lot, a visibility triangle shall bc provided in which nothing shall be erected, placed,planted or j
allowed to grow as to ma[erially impede vision from within motor vehicles, between a height of hvo feet and �
eight feet above the average grades of the intersecting property lines, in the area bounded by said lines, and a ;
line joining Ihe points of such property lines at a distance of 10 feet from the intersection.
B. On any lot, except for tl�ose with si�ole-family detached dwellings, duplexes or townhouses ofnot more �
than two uniis,a visibility triangle shall be provided in which nothing shall be erected, planted or allowed to '
grow so 2s to materially impede vision fiom within motor vehicles, between a height ofrivo fee[ and eight �
feet above the averagc grades of the intersecting property line and driveway edge, in an�rea bounded by
said lines and a linejoini�g the points of said property line and driveway edge at a distance of 10 feet from
tl�e intersection.
3-6 Yard Requirements
A. All yards required by this Cocte sl�all be provided and remain as open, unobstructed space. I
DUB�vc-�ur: -; ''�m
� Section 2—Land Use Regulations Chapter 3: General Provisions
B. No part of a yard or open space required by this Code for any structure shall be included as part of a y�rd or
� open space for�ny other structure, unless otherwise allowed by this Code.
I C. The following may be located within an otherwise reyuired yard provided Ihey are used in conjunction with
I a use pennitted in the underlying zoning district
� L All Re uired Yards: A�vnin s,shutters, cano ies; arbors and trellises; swimmin or wadin
9 B p g g pools less
than 18 inches deep; play equipment;chimneys projecting not more than 2d inches into the mquired
I yard; tlagpoles; steps necessary for access to a building or lot fences ancl walls as provided in Section 3
-21 hedges and other vegetation,and accessibility ramps and landings,except that landings which ex-
ceed fivc feet in any horizontal dimension shall meet setback requirements. Poles, posts, and othcr cus-
tomary yard accessories, ornaments, and furniture may be located in any yard subjec[ro requirements
limiting obstruction of visibility and height limitations.
i2. Required Front Yards: Bay windows,ariels, or balconies projecting not more than tive fcet into the re-
quired fi ont yard; overhanging eaves and gutters projccting into the required front yard not more than
one-third the distance to the tiont property line from an esterior wall; off-street parking.
3. Required Rear Yards Accessory uses, buildings or structures as permitted by Sections 3-7 and 3-8;
open and unroofed off-strcet parking spaces, patios and terraces; bay windows projecting not more than
Fve feet into the required rear yard; overhanging eaves and gutters projecting into the required rear yard
not more than one-third the distance to the rcar properry line from an extcrior wall.
, 4. 2equired Side Yards: Accessory uses, buildings or structures as permitted by Sections 3-7 and 3-8;
', overhanging eaves and gutters projecting into the required side yard not more than one-third tlle distance
' to the side propc�ty line from an exterior wall; open off-street parking except as provided for in Chap-
I tcr 14.
�
I5. Continuing Maiotenance Required: The maiotenance of any yard,open space,minimum bt area,or off-
street pnrkivg spaces required by this Cocie shall be a continuing obligation of the owner of the p�roperty
to which such requirements appty. No yard, open space, lot area, or off-street parking area required by
this Code for any building, sG�ucture or use shall, by virtue of change of'ownership or any other reason
i be used to satisfy any y�rd, open space,lot area,or off-strcet parking area required for any other build-
ing,stnicture,or use,except as may Ue otl�erwise specitically provided herein. In addition,no yard or lot
existing at the effective date of this Code(March I8, I985)shall be reduced in dimension or arca below
i the minimum requirements set forth herein for Cl�e district in which such yard or lot is located.
II I 3-7 Accessory Structm�es and Uses in Residential and Office ResiAential Districts
' 3-7.1 Accessory Structures and Uses Permittect
' Accessory structures and uses shall only be permitted�s specifically airthorized within each individual dis[rict of
this ordinvice, and shall be subordinate to and on the same zoning lot with the principal struchn�e or use in con-
junction with which it is maintained.
3-7.2 B�dlc Regulations
' A Location: No accessory use or structure permitted by this Code may be located in a required front yard,ex-
; cept as otherwise specifically authorized.No accessory structure, equipment or matecial of any kind exceed-
; ing five feet in height may be located in a required side yard.
r
, { B. Accessory Use/Structure Covernge: The lot coverage of permitted accessory uses and/or structures and the
principal structw e it scrves shall be calculated rogether for the purpose of complyiug with the specified lot
' coverage as a percent of Iot area. 'I'he masimum lot coverage shall not be exceeded witliin the district in
� which it is located and in no case shall pennitted accessory structures or uses esceed the lot coverage of the
princip�l shucture it serves, with a maxi�num of 1,000 aggregate square feet for all detached structuces.
� '
� DUBU�Q-`CJE
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. 21-19
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT THE CORNER OF ONEIDA
AND VINTON STREETS FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO
R-2 TWO-FAMILY RESIDENTIAL 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 R-1 Single -Family Residential District to R-2 Two -Family Residential
District, to wit:
Lots 67 to 72 Inclusive of O'Neill's North Dubuque Addition, and to the centerline
of the adjoining public right-of-way, all in the City of Dubuque, Iowa.
Section 2. That 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 6th day of May 2019.
Attest:
Key .'` S. Firnstahl, City Clerk
,&1
oy 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:
April 26, 2019,
and for which the charge is $19.76
Subscribed to before me, a Notary Public in and for
Dubuque County, Iowa,
this day of
, 20/7 .
ARY K \: ESTERMEYER
CComdesion Number�1548�80
My Commission Exp. -
CITY OF DUBUQUE,
IOWA
OFFICIAL NOTICE
NOTICE IS HEREBY
GIVEN that the Dubu-
que City Council 'will.',
conduct , public hear-
ings at a meeting`te '!
commence at 6:00 p.m.
on Monday, May. 6,
2019, in the Historic
Federal Building, sec-
ond -floor Council
Chambers, 350 W. 6th
Street, Dubuque, " on
the following:
Rezonings
Request from Evan
Smith to',rezone` prop-
erty at the corner;. of . 1
Oneida & , Vinton
Streets from R 1: "sin-
gle -Family Residential
Zoning District to R-2
Two -Family Residential,
Zoning District.
Copies of supporting
documents for the pub-
lic hearings are on file
in the City Clerk's 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
Clerk's Office, 50 W.
13th St;, Dubuque, IA
52001, on or before
said time of 'public
hearing, At said' time
and place of public
. hearings all interested
citizens and parties
will be given an oppor-
tunity to be heard for
or against said propos
al.
Any visual- or hear-
ing-impaired persons
needing special assis-
tance or persons with
special accessibility
needs should contact
the City Clerk's Office
at (563) 589-4100 or
TDD (563) 690-6678"at''
least 48 hours prior., to
the meeting.
Kevin S. Firnstahl,
CMC, City Clerk
1t 4/26
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:
May 10, 2019,
and for which the charge is $15.73
Subscribed to before me, a Notary Public in and for
Dubuque County, Iowa,
this „lea
day of 2377
, 20/f
Notary blic in and for Dubuq County, Iowa.
lg.e
MARY K WESTERMEYER
Commission Number 154885
My Commission Exp. Feb. 1, 2020
OFFICIAL
UBLICATION
ORDINANCE
NO 21 19 "�
AN ? ORDINANCE
AMENDING 1ITLE 1�"
OF THE CITY OF
' "':DUBUQUE' 1'C,ODE OF_
ORDINANCES, ,' , U NI,
FIED DEVELOPMENT
cob , BY, REL# SSI,;
FYING IIIREINAFTER
DESCRIBE PROPER-
TY9R'' vED3AT THE
CORNER; OIF< iONEIDA,
`'AND V,INTQN STREETS
4w FRoMx. R,-'�, SINGLET;
FAMILY`" RESIDENTIAL'
DISTRICT TO R-2
TWO-FAMILY :_> RES;
DENTAL DISTRICT.
NOW :TFIEREFORE, BF
IT ORDAINED BY .TH
'CITY CdUNCIL OF`THE'
CITY OF DUBUQUE;
IOWA:
Section 1 That.,Title
16 of "the City of
Dubuque Codevof.Ordi,
nances, Unified Dever
opmentCode, is hereby
amended,by reclassrryy
ing the hereinafferde;'
scribed property from
R-1 Single Family,Resi
dentia) 'District to` R
Two Family Residential
District fo,wit 1
Lots 67=ta72 lnclusiV` '
of O'NbiII`s.'orth'D"ubu-
que Addition, and to
the centerline of the
adjoining public right-
of -way, all in theCity
of Dubuque, Iowa,
Section 2. That the:
foregoing.., amendment
has heretofore been re-
viewed by theZoning;,
Advisory,. Commission
of the City: of.Dubuquea
Iowa,
Section 3. This Ordi
nance.slall take effect
rnmediately; upon ,pub,
lication as provided by
law
Passed`, approved) and.
adopted'jthis.6tli-day of_
May 2019
/s/Roy D Buol, Mayor
Attestz /s/Kevin S.
Firnstahl, City Clerk
Published officially in
the• Telegraph :'Herald'
newspaper on the10th
dayoflviay2019.
'/s/Kevin S Firhstahl,.
City Clerk'
1t 5/10