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Request to Rezone Property at 210 Jones Street_Hearing_DeGreeCity of Dubuque ITEM TITLE: SUMMARY: SUGGESTED DISPOSITION: ATTACHMENTS: Description Staff Memo Application Vicinity Map Staff Report Ordinance Suggested Motion Wording Copyrighted June 15, 2020 Public Hearings # 2. Request to Rezone Property at 210 Jones Street Proof of publication on notice of public hearing to consider approval of a request from Jordan DeGree to rezone property at 210 Jones St. from C-3 General Commercial Zoning District 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 reclassifying hereinafter described property located at 210 Jones Street from C-3 General Commercial District to C-4 Downtown Commercial District Suggested Disposition: Receive and File; Motion B; Motion A Type Staff Memo Supporting Documentation Supporting Documentation Supporting Documentation Ordi nance Supporting Documentation Planning 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 cityofdubuque.org Masterpiece on the Mississippi The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 Dubuque bittleg 2007,2012.2013 2017*2019 June 5, 2020 Applicant: Jordan DeGree Location: 210 Jones St. Description: To rezone from C-3 General Commercial zoning district 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 that the property was zoned as C-4 about four years ago and that it was rezoned to C-3 to accommodate a significant portion of the building as indoor storage. He said that the uses have changed and that C-4 makes sense going forward. Staff reviewed the staff report, He reiterated the recent history regarding the property being rezoned. He noted that rezoning of the subject property would reflect an expansion of the existing C-4 district that lies to the northwest and to some degree the C-4 district across the locust street connector to the north. He also noted that area is currently a mixture of C-3, C-4, and LI zoned properties. He mentioned that Bimbo Bakery Company uses Jones Street and Harrison Street to access their loading facilities and that some no -parking signs were posted to allow for truck traffic, but that on -street parking was available in the surrounding area. Commissioners found the request appropriate. Recommendation By a vote of 7-0, 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, Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 Martha Christ, Vice Chairperson Zoning Advisory Commission Attachments Service People Integrity Responsibility Innovation Teamwork . THE CHM: *Li B terTurcr (11f ihr °Variance DCandittonal Use Permit HAppeal Special Exception Eitimited Setback Waiver NRezoning/PUD/LD Oubi, PLANNING APPLICATION FORM OFTeliminary Plat °Major Final Plat °Minor Anal Plat °Simple Site Plan °Minor Site Pian °Major Site Plan °Simple Subdivision °Text Amendrrient °Temporary Use Permit °Annexation 1-1Historic Revolving Loan nhiistoric Hot:sing Grant Property owner(s): Chris Miller 1204 Timber Hyrst Ct Address: City: Dubuque Fax #: Cell ts: 210 Jones Street Site locatiorVaddrvsl: Neighbor -him., Association: n/a Exng zoning: C-3 Proposed zoning: C-4 n/a District Landmark: D Yes D No 10-25-428-01 4 City cif Dubuque Planning Servtes Departrrient Dubuque, LA 52001-4945 Phone: 563-589-4210 Fax S63-589-4221 °Certificate of Approonateness DAdvisory Design Review (Public Projects) °Cerbficate of Economic Non -Viability °Historic Designation °Demolition OPort or Dibuque /Chaplain Sch Design Review Prior: 563-556-4000 state: IA •zip:52003 cchris@millerdeveloprnentgroup.comall #: E-mail. AppliJordan DeGreecant/Agent: Phone: 563-663-7922 Addres5:210 Jones St Dubuque City: State: Zip: IA 52001 Email: info@jordandegree.com Legal Description (Sldwell parcel ID* or lot number/block number/subdivision): Total property (lot) area (square fe40,158 so. ft.et or acres): Descrft:ie proposal and reason necessary (attach a letter of a:intimation, if needed): To rezone property from C-3 General Commercial zoning district to C-4 Downtown Commercial zoning district. CERTIFICATION: 1/we, the undersigned, do hereby certify/acknowledge that: 1. Itis the property owner' s responbIllty to locate property lines arid to review the abstract for easements and restrictive covenants. 2. The Information submitted herein Ls true and correct to the best of my/our knowledge arci upon submsttal becomes public record; 3. Fees are not refundatie and payment does not guarantee approval; and 4. Ail additional required wr,ttp and phic materials are attached, Property Owners): Applicant/Agent: Date: 3/2/20 Date: 3/2/20 FOR OFFICE USE ONLY — APPLICATION SUBMMA CHECKLIST Fee: $44"a0 Receivec.1 by: e:4/29/2020 Dockt: Check 1020 Masterpiece on the Mississippi Dubuque �lt All-Aneria city 111111 2007.2012.2013 2017*2019 Vicinity Zoning Map Applicant: Jordan Degree Location: 210 Jones Street Proposal: To to rezone the property at 210 Jones Street from C-3 General Commercial District to C-4 Downtown Commercial District. Subject Property DISCLAIMER: This information was compiled using the Dubuque Area Geographic Information System (DAGIS), which includes data created by both the City of Dubuque and Dubuque County. It is understood that, while the City of Dubuque and participating agencies utilized the most current and accurate information available, DAGIS and its suppliers do not warrant the accuracy or currency of the information or data contained herein. The City and participating agencies shall not be held liable for any direct, indirect, incidental, consequential, punitive, or special damages, whether foreseeable or unforeseeable, arising out of the authorized or unauthorized use of this data or the inability to use this data or out of any breach of warranty whatsoever. 1:1,400 REZONING STAFF REPORT Zoning Agenda: June 3, 2020 Property Address: 210 Jones Street Property Owner: Applicant: 210 Jones, LLC / Chris Miller Jordan Degree Proposed Land Use: Commercial Existing Land Use: Vacant Adjacent Land Use: Former Zoning: North — Public park East — Industrial South — Industrial West — Commercial 1934 — LI 1975 — LI 1985 — LI 2006 — C-4 2016 — C-3 (Current) Proposed Zoning: C-4 Existing Zoning: C-3 Adjacent Zoning: North — LI East — LI South — LI West — POS/C-3 Total Area: 0.61 acres Property History: The property was rezoned from LI Light Industrial to C-4 Downtown Commercial District in June 2006. It was then rezoned back to C-3 to accommodate Indoor storage. Prior to the construction of the freeway in the 1980s, there was a mix of commercial businesses surrounding the property that were removed as part of freeway construction. The subject property was used for industrial -type uses until 2006 and was commercial uses thereafter. The building was also rehabbed in the last few years. Physical Characteristics: The approximately 3/4 acre site is flat and is bordered on the north by Jones Street, to the west by Harrison Street, and to east by Bimbo Baking Company. This property is also highly visible from the Locust Street Connector that connects to Highway 20 and 61/151 thru this portion of downtown. The structure occupies a large portion of the property leaving very little for on -site parking. Concurrence with Comprehensive Plan: The City's 2030 Future Land Use Map designates this property as commercial. The Comprehensive Plan goals promote adaptive reuse of historic buildings, development of infill sites and encourage mixed - use commercial and residential development. The goals also recommend buffering non -compatible uses from each other. Rezoning Staff Report — 210 Jones Street Page 2 Impact of Request on: Utilities: Existing utilities are adequate to serve the site. Traffic Patterns/Counts: There are no vehicle counts for Harrison or Jones Streets. The section of Locust Street west of the subject property carries approximately 28,600 vehicle trips per day, while the Jones Street Connector immediately east of the subject property carries approximately 20,300 vehicle trips per day. Public Services: Existing public services are adequate to serve the property. Environment: Staff does not anticipate any adverse impact to the environment as the proposed site is almost completely covered with the existing building and paving. Any changes to the zoning of this site will have minimal impact on the environment. Adjacent Properties: Staff does not anticipate any significant impacts to adjacent property. Most likely impact from rezoning the site to downtown commercial would be an increase in the number of vehicle trips and parking demand in this area. CIP Investments: None proposed. Staff Analysis: The applicant is requesting to rezone the property at 210 Jones Street from C-3 General Commercial District to C-4 Downtown Commercial District. The property is located adjacent to Locust Street and the Locust Street Connector in downtown Dubuque. The subject building is a two-story brick structure that is highly visible from the surrounding highway and streets. The preamble for the C-4 district states that the district is designed to encourage maintenance of existing uses and private reinvestment and redevelopment of new uses. Rezoning of the subject property would reflect an expansion of the existing C-4 district that lies to the northwest and to some degree the C-4 district across the locust street connector to the north. The property was rezoned from LI Light Industrial to C-4 Downtown Commercial District in June 2006. It was then rezoned back to C-3 to accommodate Indoor storage. Prior to the construction of the freeway in the 1980s, there was a mix of commercial businesses surrounding the property that were removed as part of freeway construction. The area is currently a mixture of C-3, C-4, and LI zoned properties. Attached as a portion of the City's Zoning Map that depicts the zoning in the surrounding area. The subject building is adjacent to the Bimbo Baking Company located immediately east of the site, with loading facilities for the baking company immediately south of the subject property. Access to this site from Jones Street is by way of Highway 61/151. Traffic counts for Harrison Street on the building's west site and on Jones Street on the Rezoning Staff Report — 210 Jones Street Page 3 building's east side are not available, but are low given the need to access the area from Highway 61/151 freeway. Both the relevant Unified Development Code sections are attached. The C-3 and C-4 districts have many overlapping uses with the main difference between the districts being parking requirements. C-4 Downtown Commercial does not have on -site parking requirements, whereas the C-3 General Commercial district does. There is on -street parking available in the area. Planning staff recommends the Zoning Advisory Commission review the criteria established in Article 9-5 of the Unified Development Code regarding property reclassification. Prepared by: i - - - Reviewed: Date: 5-13 C-3 General Commercial The C-3 District is intended to provide locations for commercial uses which are designed to serve the motoring public or uses requiring highway or arterial locations. 5-13.1 Principal Permitted Uses The following uses are permitted in the C-3 district: 1. Agricultural supply sales 2. Animal hospital or clinic 3. Artist studio 4. Auditorium or assembly hall 5. Bakery (wholesale/commercial) 6. Bank, savings and loan, or credit union 7. Bar or tavern 8. Barber or beauty shop 9. Business services 10. Carwash, full service 11. Carwash, self service 12. Construction supply sales or service 13. Contractor shop or yard 14. Dental or medical lab 15. Department store (60,000 square feet maximum) 16. Farm implement sales or service 17. Furniture upholstery or repair 18. Gas station 19. General office 20. Grocery store 21. Hotel 22. Indoor amusement arcade 23. Indoor recreation facility 24. Indoor restaurant 25. Indoor theater 26. Laundry, dry cleaner, or laundromat 27. Medical office 28. Mini -warehouse 29. Mobile or manufactured home sales or service 30. Mortuary or funeral home 31. Moving or storage facility 32. Museum or library 33. Neighborhood shopping center Section 2-Land Use Regulations Chapter 5: Zoning Districts Department store Indoor amusement arcade Mini warehouse 34. Parking structure 35. Pet daycare or grooming 36. Photographic studio 37. Place of religious exercise or assembly 38. Printing or publishing 39. Private club 40. Public or private parks, golf course, or similar natural recreation areas 41. Railroad or public or quasi -public utility, including substation 42. Residential use above the first floor only 43. Restaurant, drive in or carryout 44. Retail sales and service Vehicle sales 45. School of private instruction or rental Section 2—Land Use Regulations Chapter 5: Zoning Districts 46. Service station 47. Tattoo parlor 48. Tour home 49. Vehicle body shop 50. Vehicle sales or rental 51. Vehicle service or repair 52. Vending or game machine sales or service 53. Wholesale sales or distributor 5-13.2 Conditional Uses The following conditional uses may be permitted in the C-3 District, subject to the provisions of Section 8-5: 1. Licensed adult day services 2. Licensed child care center 3. Outdoor recreation or outdoor amusement center 4. Passenger transfer facility 5. Wind energy conversion system 5-13.3 Accessory Uses The following uses are permitted as accessory uses as provided in Section 3-7: 1. Any use customarily incidental and subordinate to the principal use it serves 2. Crematorium accessory to a mortuary or funeral home 3. Wind turbine (building -mounted) 5-13.4 Temporary Uses Temporary uses shall be regulated in conformance with the provisions of Section 3-19. 5-13.5 Parking Minimum parking requirements shall be regulated in conformance with the provisions of Chapter 14. 5-13.6 Signs Signs shall be regulated in conformance with the provisions of Chapter 15. THE.Cln OF Dub Section 2—Land Use Regulations Chapter 5: Zoning Districts 5-13.7 Bulk Regulations C-3 General Commercial Min Lot Area (square feet) Min Lot Frontage (feet) Max Lot Coverage (% lot area) Setbacks Front (feet) Min Max Min Side (feet) Min Rear z (feet) Max Height (feet) Licensed adult day services, Licensed child care center 5,000 50 50 20 --- --- --- 40 Vehicle sales 20,000 --- --- 20 --- --- --- 40 All Other Uses --- --- --- 20 --- --- --- 40 'When abutting a residential or office -residential district, a 20 foot side setback is required. When abutting a residential or office -residential district, a 20 foot rear setback is required. Lot Area Lot Width 14— Lot Frontage Street Buildable Area Street t Midpoint Height 1 Shed Roof Midpoint Relight Gable or Hip Roof T— Deckline Height Mansard or Gambrel Roof —I Highest Level Height i Flat Roof Section 2-Land Use Regulations Chapter 5: Zoning Districts Department store 5 r Museum Service station Parking structure 5-14 C-4 Downtown Commercial The C-4 District is intended to provide locations in the downtown commercial areas of the City for a large variety of uses. The C-4 District is not intended to have any applica- tion in undeveloped or newly developing areas of the City. The regulations for this dis- trict are designed to encourage the maintenance of existing uses and the private reinvest- ment and redevelopment of new uses. 5-14.1 Principal Permitted Uses The following uses are permitted in the C-4 District: 1. Agricultural supply sales 2. Animal hospital or clinic 3. Appliance sales or service 4. Art gallery, museum, or library 5. Artist studio 6. Auditorium or assembly hall 7. Automated gas station 8. Bakery (wholesale/commercial) 9. Banks, savings and loan, or credit union 10. Bar or tavern 11. Barber or beauty shop 12. Business services 13. Catalog center 14. Construction supply sales or service 15. Contractor shop or yard 16. Dental or medical lab 17. Department store 18. Furniture upholstery or repair 19. Furniture or home furnishing sales 20. Gas station 21. General office 22. Grocery store 23. Hotel 24. Housing for the elderly or persons with disabilities 25. Indoor amusement center 26. Indoor recreation facility 27. Indoor restaurant 28. Indoor theater 29. Laundry, drycleaner, or laundromat 30. Medical office 31. Mortuary or funeral home 32. Neighborhood shopping center 33. Parking structure 34. Pet daycare or grooming 35. Photographic studio 36. Place of religious exercise or assembly 37. Printing or publishing 38. Private club 39. Public, private or parochial school approved by the State of Iowa (K-12) 40. Railroad or public or quasi -public utility, including substation 41. Residential use above the first floor only 42. Retail sales or service Section 2-Land Use Regulations Chapter 5: Zoning Districts 43. School of private instruction 44. Service station 45. Shoe repair 46. Supermarket 47. Tailor or alteration shop 48. Tattoo Parlor 49. Tour home 50. Upholstery shop 51. 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: 1. Carwash 2. Licensed adult day services 3. Licensed child care center 4. Off-street parking 5. Passenger transfer facility 6. Restaurant, drive-in or carryout 7. Vehicle body shop 8. Vehicle sales or rental 9. Vehicle service or repair 10. Wind energy conversion system 5-14.3 Accessory Uses The following uses are permitted as accessory uses as provided in Section 3-7: 1. Any use customarily incidental and subordinate to the principal use it serves 2. Crematorium accessory to a mortuary or funeral home 3. Drive -up automated bank teller 4. Wind turbine (building -mounted) 5-14.4 Temporary Uses Temporary uses shall be regulated in conformance with the provisions of Section 3-19. 5-14.5 Parking Off-street parking is not required. New surface off-street parking lots are prohibited unless approved by the City Council. Underground and above -ground parking garages are allowed provided they are an integral part of a new or existing building. 5-14.6 Signs Signs shall be regulated in conformance with the provisions of Chapter 15. Section 2—Land Use Regulations Chapter 5: Zoning Districts 5-14.7 Bulk Regulations C-4 Downtown Commercial Min Lot Area (square feet) Min Lot Frontage (feet) Max lot Coverage (% lot area) Setbacks Max Height (feet) Min Front (feet) Min Side 1 (feet) Min Rear2 (feet) Permitted Uses Residential above 1st floor --- --- --- --- --- --- 75 Vehicle sales 20,000 --- --- --- --- --- 75 Al Other Permitted Uses --- --- --- --- --- --- 75 Conditional Uses Licensed adult day services, Licened child care center 3,500 50 50 75 Al Other Conditional Uses --- --- --- 10 --- --- 75 When abutting a residential or office -residential district, a sixfootside setback is required. 2 When abutting a residential or office -residential district, a 20 foot rear setback is required. • Alley 1 Lot Area I I I I I I I I I I I I I 1 a 0 Property Line Lot Width r k—Lot Frontage Street r�sCtT oe Dub J11111111 Buildable Area Street hf ht Midpoint eig 7 Shed Roof Midpoint f + Height Gable or Hip Roof T Deckling I Height i Mansard or Gambrel Roof H ighest Level Height i Flat Roof Prepared by: Wally Wernimont, 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. 25-20 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 210 JONES STREET FROM C-3 GENERAL COMMERCIAL DISTRICT TO C-4 DOWNTOWN COMMERCIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter —described property from C-3 General Commercial District to C-4 Downtown Commercial District, to wit: Lots 1 & 2 City Lot 541, City Lot 542, Lots 1 & 2 Sub Lot 2 City Lot 543, Lot A & Lot 2 Sub Lot D Vacated Shields St. In Dubuque Harbor Co's Add (Suites #100 & #200) 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 June 2020. Roy D. Buol, Mayor Attest: Kevin (S. Firnstahl, City 6lerk Service People Integrity Responsibility Innovation Teamwork Planning 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 Via EMAIL: info@jordandegree.com and chris@millerdevelopmentgroup.com June 12, 2020 Jordan DeGree 210 Jones St. Dubuque, IA 52001 RE: City Council Public Hearing – Rezoning Request Dear Jordan: The City Council will consider your request to rezone property located at 210 Jones St. at a public hearing on Monday, June 15, 2020 beginning at 6:30 p.m. Due to social distancing guidelines related to the COVID-19 pandemic, City Council members and City staff will participate by webinar and will not meet in person. The City Council meeting will be conducted as a virtual meeting. The virtual meeting will be aired live on CityChannel Dubuque (Mediacom cable channels 8 and 117.2), streamed live and archived on the city’s website at www.cityofdubuque.org/media, and streamed live on the City’s Facebook page at www.facebook.com/cityofdubuque. Please attend the meeting virtually or have a representative available to present your request and answer questions. Here is the log in information for the meeting. Dubuque City Council Meeting 6-15-2020 Mon, Jun 15, 2020 6:30 PM - 9:30 PM (CDT) Please join the meeting from your computer, tablet or smartphone. https://global.gotomeeting.com/join/671167325 You can also dial in using your phone. (For supported devices, tap a one-touch number below to join instantly.) United States (Toll Free): 1 866 899 4679 Page 2 Service People Integrity Responsibility Innovation Teamwork - One-touch: tel:+18668994679,,671167325# United States: +1 (669) 224-3318 - One-touch: tel:+16692243318,,671167325# Access Code: 671-167-325 New to GoToMeeting? Get the app now and be ready when your first meeting starts: https://global.gotomeeting.com/install/671167325 Please contact the Planning Services Department at (563) 589-4210 if you need more information or have any questions. Sincerely, Wally Wernimont Planning Services Manager Enclosures cc: Chris Miller, 1204 Timber Hyrst Ct., Dubuque, IA 52003 Kevin Firnstahl, City Clerk STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, 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: 06/19/2020 and for which the charge is 16.78 J Subscriied to before me, a Notary Public a nd for Dubuque County, Iowa, this 19th day of June, 2020 n and for Dubuque County, Iowa. JANET K. PAPE Commission Number 199669 My Comm. Exp. DEC 11, 2022 Ad text : OFFICIAL PUBLICATION ORDINANCE NO. 25-20 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 210 JONES STREET FROM C-3 GENERAL COMMERCIAL DISTRICT TO C-4 DOWNTOWN COMMERCIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafterdescribed property from C-3 General Commercial District to C-4 Downtown Commercial District, to wit: Lots 1 & 2 City Lot 541, City Lot 542, Lots 1 & 2 Sub Lot 2 City Lot 543, Lot A & Lot 2 Sub Lot D Vacated Shields St. In Dubuque Harbor Co's Add (Suites #100 & #200) 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 l5th day of June 2020. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 19th day of June 2020. /s/Kevin S. Firnstahl, City Clerk It 6/19