Request to Rezone 525 Garfield Avenue_Scott PotterDubuque
bierxi
DUB1JJE �l��eC�
�I �r
Masterpiece on the Mississippi 2007
THE CITY OF
Applicant:
Location:
Description:
The Honorable Mayor and City Council Members
City of Dubuque
City Hall — 50 W. 13 St
Dubuque IA 52001
Scott Potter
525 Garfield Avenue / 1907 & 1911 Johnson Street
To rezone property from C -1 Neighborhood Commercial District and R -2A
Alternate Two - Family Residential District to C -3 General Commercial.
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 proposed uses, including auto
sales and repair, contractor storage and upper level residential dwellings.
Staff reviewed the surrounding zoning and land use, mix of uses allowed by C -3 zoning,
and the history of the subject property.
There was one public comment in support of the applicant's request. A letter of support
was received and filed.
The Zoning Advisory Commission discussed the request, reviewing the existing zoning and
land use, potential for future owners of the site other than the applicant, distance from other
commercial uses, and concerns with the intensity of C -3 commercial uses in proximity to
residential uses.
Recommendation
By a vote of 4 to 2, the Zoning Advisory Commission recommends that the City Council
approve the request, as submitted.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
J Stili�sS ft i rperson , ,2
Zoning Advisory Commission
Attachments
Service
People Integrity
Planning Services Department
50 West 13th Street
Dubuque, Iowa 52001 -4805
Office (563) 589 -4210
Fax (563) 589 -4221
TTY (563) 690 -6678
planning@cityofdubuque.org
www.cityofdubuque.org
Responsibility Innovation Teamwork
June 9, 2010
Masterpiece on the Mississippi
['Variance
['Conditional Use Permit
['Appeal
❑Special Exception
❑ mited Setback Waiver
R
Dubuque
c
'l
2007
Please Woe or print aibly in ink
Property owner(s): 4 CO7 " 4
PLANNING APPLICATION FORM
❑Planned District
['Preliminary Plat
DMinor Final Plat
['Text Amendment
DSimple Site Plan
DMinor Site Plan
DMajor Site Plan
❑Major Final Plat
❑Simple Subdivision
['Annexation
❑Temporary Use Permit
City of Dubuque
Planning Services Department
Dubuque, IA 52001 -4864
Phone: 563-589-4210
Fax: 563 - 589 -4221
DCertificate of Economic Non - Viability
DCertificate of Appropriateness
DHistoric Designation
❑Neighborhood Association
DOther:
Phone: 931- 5 – 71 – 9"7 7
Address:/ 9 -J c fit. City: a0 State:. Zip:
r ",/c-/7 A4vi SG
Fax Number: Cellular Number 9 ! 7 7 E -mail Address: Cott I'r�f u- c-•
Applicant/Agent: / co If 4 a /1 Phone:
Address: - City :Ogee State
Fax Number: 5—‘53 73-567 Cellular Number: _E -mail Address:
Site location /address: 515 CS't. i2 -t-Sl 7 4 Iq vi (mil 1 1 ,,1. 1,
Existing zoning: C -1 — ZAProposed zoning: Historic District: 1.h0 Landmark: iJt
Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): 10 - Z4 - Z30 – d ►7 t 0 1C.- oS
Total property (lot) area (square feet or acres): VD 1 S73 SLi .
Describe proposal and reason necessary (attach a letter of explanation, if needed):.' — n tZ frZo 1 -11:1
L� 14 n r� P .►_rI TZsc�l J E►� + .rte
CERTIFICATION: I /we, the undersigned, do hereby certify that:
1. It is the property 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. All additional d written and graphic materials are attached.
property Owner •) Date: J /'
/Applicant/Agent: _ �� Date:
FOR OFFICE USE ONLY — APPLICATION SUBMITTAL CHECKLIST
Fee 3n Received by: Datefc-10 -In Docket:
❑ Site /sketch plan❑ Conceptual Development Plan ❑Photo ❑ Plat
❑ Improvement plans ❑ Design review project description ❑ Floor plan ❑ Other:
dloriN1■1
-
REZONING STAFF REPORT Zoning Agenda: June 2, 2010
Property Address: 525 Garfield Avenue / 1907 & 1911 Johnson Street
Property Owner: Potter, Stackis and Jolet
Applicant: Scott Potter
Proposed Land Use: Commercial Proposed Zoning: C -3
Existing Land Use: Commercial /Residential Existing Zoning: C- 1 /R -2A
Adjacent Land Use: North — Residential Adjacent Zoning: North — OR /R -2A
East — Industrial East — LI
South — Residential South — OR
West - Residential West — R -2A
Former Zoning: 1934 — Business B; 1975 — R -4; 1985 — R- 2A /C -1
Total Area: 10,450 square feet
Property History: The property at 525 Garfield Avenue was originally built in 1895 as a
two -story commercial building with upper story residential use. This property has gone
through multiple rezoning and was rezoned circa 1985 to C -1 Neighborhood Commercial
and has served as a contractor shop. The properties at 1907 and 1911 Johnson Street
were built in the 1890s as single - family residences and are both single - family
residences today.
Physical Characteristics: The three properties together total approximately 10,500
square feet. Two of the properties that accommodate the single - family homes have
frontage on Johnson Street and the property with the two -story shop is on a corner lot
at the intersection of Garfield Avenue and Johnson Street. The existing structures
consume approximately 62% of the total lot area.
Concurrence with Comprehensive Plan: The 2030 Future Land Use Map for the
Comprehensive Plan indicates that the two residential properties should remain single -
family or two- family residential and that the C -1 commercial property remains
commercial. The land use and urban design goals of the Comprehensive Plan
encourage the preservation of the historic and aesthetic character and function of
established neighborhoods. The goals also recommend protecting existing residential
use from encroachment by incompatible development while promoting opportunities for
neighborhood commercial centers.
Rezoning Staff Report — 525 Garfield Avenue / 1907 & 1911 Johnson Street
Page 2
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site.
Traffic Patterns /Counts: The Iowa Department of Transportation does not have
traffic counts for Garfield Avenue at this location. Conversion of the two residential
properties to a commercial use, because of constraints imposed by the limited lot
area and required parking, should generate little additional traffic.
Public Services: The existing public services are adequate to serve the site.
Environment: Staff does not anticipate any adverse impact to the environment
provided adequate erosion control and storm water control is provided during all
phases of redevelopment.
Adjacent Properties: There are single- and multi - family residences located on three
sides of the subject parcels. The addition of a number of the C -3 uses at this
location, including the potential for fast food restaurants and contractor shops and
yards, could generate noise, activity, exterior storage and hours of operation that
may be incompatible with the adjacent residential development.
CIP Investments: None proposed.
Staff Analysis: The applicant is proposing to rezone three parcels located on both
Garfield Avenue and Johnson Streets from what is currently C -1 Neighborhood
Commercial and R -2A Alternate Two - Family Residential districts to C -3 General
Commercial district. The applicant's intent is to demolish an existing single - family
residence that has frontage on Johnson Street to provide parking for the existing
commercial building on the corner of Garfield Avenue and Johnson Street. This building
is currently vacant and was a legally non - conforming woodworking shop.
The total lot area, at 10,500 square feet, combined with the 20 foot frontyard setbacks
required in a C -3 district, make this property very difficult to redevelop and still meet
parking and setback requirements. There are, however, 53 permitted commercial uses
in a C -3 district, and the existing two -story shop building could be redeveloped. If the
residential structures were to be demolished the required amount of parking could
possibly be provided.
Redevelopment of this site, because of its size, would in all likelihood generate very
little additional traffic along Garfield Avenue and Johnson Street. However,
redevelopment of this site would also place a potentially intense commercial use
adjacent to what is currently single- and multi - family residential development. There is
Rezoning Staff Report — 525 Garfield Avenue / 1907 & 1911 Johnson Street
Page 3
a possibility also, that redevelopment of this site for a commercial use could generate
additional demand for on- street parking along Garfield Avenue and Johnson Street.
Staff recommends that the Zoning Advisory Commission review the criteria established
in Article 9 -5 regarding rezoning reclassification.
Prepared by: l i-✓k i- - I Reviewed: I Date: S•ZL • I fl f: \usersUcmunson \w \boards- commissionslzac\staff ortslzac staff reports 2010525 arfiel (potter) rpt 05 25 10.doc
P P P 9 (P ) P __
To: Zoning Advisory Commission
Respectfully submitted on behalf of the attached request by Mr.
Scott Potter:
As owners of property at 516/518 Rhomberg in close proximity to
the properties owned and maintained by Scottwe are in the affir-
mative for approval of his request as stated on the attached
document.
Scott in not only an excellent neighbor to our property but a credit
to the entire neighborhood. We find him to be creditable in every
sense of the word and trustworthy to his actions. We believe,
whatever project Scott endeavors to do will be a credit to all of
the community.
Thanks for permitting us to submit these remarks.
iarol4 & Iona Ko
=3472 Crestwood D �.
Dubuque, Iowa 52002
0-r 6-- '. -- 2 I o
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210
Return to: Jeanne Schneider, City Clerk Address: City Hall- 50 W. 13`" St Telephone: 589 -4121
ORDINANCE NO. 30-10
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT 525 GARFIELD AND 1907 &
1911 JOHNSON STREET FROM C -1 NEIGHBORHOOD COMMERCIAL DISTRICT
AND R -2A ALTERNATE TWO- FAMILY RESIDENTIAL DISTRICT TO C -3 GENERAL
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 C -1 Neighborhood Commercial District and R -2A Alternate Two - Family
Residential District to C -3 General Commercial District, to wit:
Lot 1, Lot 3 and Lot 4 of Scharles Subdivision, 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. The foregoing amendment shall take affect upon publications, as
provided by law.
Attest:
Passed, approved and adopted this 21st day of June 2010.
eanne F. Schneider, City Clerk
Roy D. j iol, Mayor