The URL can be used to link to this page

Request to rezone 701 Bluff Street_HearingCopyrighted December 20, 2021 City of Dubuque Public Hearings # 1. City Council Meeting ITEM TITLE: Request to rezone 701 Bluff Street SUMMARY: Proof of publication on notice of public hearing to consider City Council approval of a request from Ken Lin, K & L Leasing LLC, to rezone property located at 701 Bluff Street from C-4 Downtown Commercial to OR Office Residential to accommodate a residential use on the first floor, and Zoning Advisory Commission recommending approval. SUGGESTED DISPOSITION: ATTACHMENTS: Description Staff Memo Ordinance 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 C-4 Downtown Commercial District to OR Office Residential District Suggested Disposition: Receive and File; Motion B; Motion A Application Staff Report C-4 Downtown Commercial Zoning District OR -Office Residential Zoning District Vicinity Map Type Staff Memo Ordinance Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation 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 plarming@d1yofdubuque.org THE COF DUi! B E Masterpiece on the Mississippi The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13t" Street Dubuque IA 52001 Dubuque LI-ftwo CV4 2007-2012.2013 2017*2019 December 13, 2021 Applicant: Ken Lin, K & L Leasing LLC Location: 701 Bluff Street Description: To rezone from C-4 Downtown Commercial to OR Office Residential to accommodate a residential use on the first floor 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, Ken Lin, spoke on behalf of K & L Leasing in favor of the application. He gave an overview of previous intentions for the property, which included a restaurant and office use on the property. Due to supply demands and challenges with bringing the building up to ADA code standards, they no longer plan to open a restaurant or office and would now like to use the building for solely residential use. Staff reviewed the staff report, noting the location of the property along Bluff Street and that the property is developed with half of an 1888 Queen Anne/Second Empire Double House. Staff outlined the previously approved request in 2018 to rezone the property from OR - Office Residential to C-4 Downtown Commercial in order to allow a restaurant use on the site. The applicant is now seeking to rezoning back to OR - Office Residential in order to allow single-family residential on the first floor. There were no public comments. The Zoning Advisory Commission discussed the request and approved the rezoning 701 Bluff Street from C-4 Downtown Commercial or OR — Office Residential as submitted. 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. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 Respectfully submitted, Matt Mulligan, Chairpetso Zoning Advisory Com ' ' sion Attachments Service People Integrity Responsibility Innovation Teamwork Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W. 13th St Telephone: 563-589-4210 Return to: Adrienne Breitfelder, City Clerk Address: City Hall, 50 W. 131h St Telephone: 563-589-4121 ORDINANCE NO. 45-21 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 C-4 DOWNTOWN COMMERCIAL DISTRICT TO OR OFFICE 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 C-4 Downtown Commercial District to OR Office Residential 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. 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 201' day of December, 2021. Attest: B Roy D. ol, Mayor /-� A'&a Adrienne N. Breitfelder, City Clerk THB MY OF DUB E Masterpiece on the Mississippi PLANNING APPLICATION FORM ❑Variance ❑Preliminary Plat ❑Conditional Use Permit ❑Major Final Plat ❑Appeal ❑Minor Final Plat ❑Special Exception ❑Simple Site Plan ❑Limited Setback Waiver ❑Minor Site Plan ❑Rezoning/PUD/ID ❑Major Site Plan Please type or Print legibly in in Property owner(s): K & L Leasing LLC City of Dubuque Planning Services Department Dubuque, IA 52001-4805 Phone: 563-589-4210 Fax: 563-589-4221 plan ni ngcd)citvofdu bug ue.ora ❑Simple Subdivision []Certificate of Appropriateness ❑Text Amendment ❑Advisory Design Review (Public Projects) ❑Temporary Use Permit ❑Certificate of Economic Non -Viability ❑Annexation ❑Historic Designation Chooseone ❑Historic Revolving Loan ❑Demolition ❑Historic Housing Grant ❑Port of Dubuque Design Review 563-587-1909 Address:1103 1/2 Iowa Street City: Dubuque State: IA Zip:52001 Fax #: Cell #: t6T —i I0q E-mail: A %C'Ga S r/l S g ��rtQ9 Applicant/Agent: Same Phone: Fax #: Cell #: E-mail: Site location/address: 701 Bluff Street Neighborhood Association: Bluff Street Existing zoning: C-4 Proposed zoning: OR District: Cathedral Landmark: El Yes X No Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): 1025207024 Total property (lot) area (square feet or Describe proposal and reason necessary (attach a letter of explanation, if needed): Rezone from C-4 to OR to accommodate a residential use on the first floor. CERTIFICATION: I/we, the undersigned, do hereby certify/acknowledge that: 1. It is the property owner's responsibility to locate 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. Property Owner(s): P1/�C L Lloa�; r ✓t `'1 Date: t Applicant/Agent: J - �� L'__ Date: FOR OFFICE USE ONLY —APPLICATION SUBMITTAL CHECKLIST ag Fee: $474 Received by: " b(.Aln �(-1? 21 Date: Docket: ckL_Cj-w 23� REZONING STAFF REPORT Property Address: 701 Bluff Street Property Owner: K & L Leasing Applicant: Ken Lin — K & L Leasing Zoning Agenda: December 1, 2021 Description: To rezone from C-4 Downtown Commercial to OR Office Residential to accommodate a residential use on the first floor. Proposed Land Use: Office/Residential Proposed Zoning: OR Existing Land Use: Commercial/Residential Existing Zoning: C-4 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 Total Area 1936 - M F 1975 - OR-1 1985-OR 2018 - C-4 2,142 square feet Property History: The 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 Downtown Neighborhood Conservation District and the Cathedral Historic Preservation District. The property has been rezoned numerous times since 1936, but most notably in 2018 it was rezoned from OR Office Residential to C-4 Downtown Commercial. This request would revert the zoning back to OR Office Residential to allow a residential use on the first floor. Physical Characteristics: The property is an approximately 2,142 sq. ft. 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 and residential uses to the west. There are metered parking spaces located on both sides of Bluff Street as this location. (Property photos provided on the following page.) Rezoning Staff Report — 701 Bluff Street Page 2 Rezoning Staff Report — 701 Bluff Street Page 3 Concurrence with Comprehensive Plan: The Comprehensive Plan goals promote infill and mixed -use development. The goals also recommend buffering non -compatible uses from each other. The City's Future Land Use Plan identifies this area as Park Land. Impact of Request on: Utilities: The area is adequately served by both City water and sanitary sewer. There are mains for each in the Bluff Street right-of-way. Traffic Patterns/Counts: The 2017 Iowa Department of Transportation traffic counts indicate an average annual daily traffic count of 6,200 vehicles along Bluff Street. Since the site is fully developed, and because the C-4 Downtown Commercial zoning allows for a number of more potential traffic intense commercial uses relative to the requested OR Office Residential zoning, it is not anticipated the rezoning would have a negative impact on traffic in the area. Public Services: Existing public services are adequate to serve the site. Environment: Staff does not anticipate any adverse impact to the environment as the site is fully developed. Adjacent Properties: The property is bordered by the other half of the double house to the north which is being used as a residential 3-plex and is zoned OR. Development to the east includes the Dubuque Museum, Bluff Street, Washington Park, and the Historic Federal Building. Bordering the site along the south is a parking lot and other fully developed OR zoned properties. To the west of the site is a bluff and a R-2 zoning for land uses on top of the bluff. The applicant owns the parking lot property directly to the south. CIP Investments: None proposed. Staff Analysis: The applicant is requesting to rezone the subject property from C-4 Downtown Commercial to OR Office Residential. The property is 2,142 sq. ft. in area and is located midblock along Bluff Street between 6th and 7th Streets in a mixed -use area. The property is fully developed and accommodates half of an 1888 Queen Anne/Second Empire Double House. The footprint of the existing building on the property is approximately 1,310 sq. ft. and shares a common lot line with the other half of the double house to the north which is being utilized as a residential 3-plex. The property is also bordered by Bluff Street and Washington Park to the east, a nine -space parking lot to the south, and a bluff to the west. Metered street parking is available along both sides of Bluff Street in this area. In 2018, the applicant made a request to rezone the subject property from OR Office Residential to C-4 Downtown Commercial. At that time, the applicant was seeking the Rezoning Staff Report — 701 Bluff Street Page 4 rezoning to develop a new restaurant on the site. There were no public objections to the rezoning request at that time and the Zoning Advisory Commission voted to approve the rezoning from OR to C-4. The applicant is now requesting to rezone the property from the C-4 Downtown Commercial back to OR Office Residential zoning. The current C-4 zoning district is consistent with other C-4 zoned properties across Bluff Street. The C-4 zoning allows for a total of fifty- three principal permitted uses, including residential above the first floor only. The applicant desires to allow residential uses on the first floor and therefore is requesting the rezoning to OR Office Residential. The OR Office Residential zoning district is consistent with neighboring properties to the subject property along the west side of Bluff Street. The OR Office Residential zoning district allows for a total of eighteen principal permitted uses which includes residential on the first floor. Several of the uses permitted in the OR zoning district would not likely locate on the subject property due to site constraints such as limited access, parking, and building/lot area. Staff recommends the Zoning Advisory Commission review the criteria established in Chapter 9 of the Unified Development Code regarding granting a rezoning. Prepared by: Review ate: 11 /23/2021 Section 2-Land Use Regulations Chapter 5: Zoning Districts Department store Museum Service station Parking structure me CM ar 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 43. School of private instruction 44. Service station 45. Shoe repair 46. Supermarket Section 2—Land Use Regulations Chapter 5: Zoning Districts 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 53. Licensed child care center 54. Registered Child Development Home 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. Off-street parking 4. Passenger transfer facility 5. Restaurant, drive-in or carryout 6. Vehicle body shop 7. Vehicle sales or rental 8. Vehicle service or repair 9. 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. Lot Min Lot Max lot SetbacksMin Dovmtovvn Commercial Area Frontage . ..- Min Front.- Min Rear 2 Height Pem'riiied Uses Residential above 1stfloor — — -- — — — T5 Whide Sales 20,000 -- -- — — — T5 Al Other Permitted Uses — — -- — — — T5 %ondibanai Uses Licensed adult day services, 3,500 50 50 — — — 75 Likened child care center All Other Conditional Uses — — -- 10 — — 75 ' When abutting a residential orcttice-residential district, a sixfootside setback is required. 2 When abutting a residential or office -residential district, a 20 foot rear setback is required. me CM ar DUS E Section 2-Land Use Regulations Chapter 5: Zoning Districts Townhouse General office Group home Wind energy conversion system me CM ar 5-7 OR Office Residential The OR District is intended to serve as a transition zone between commercial and single - and two-family residential areas permitting adaptive reuse of existing building stock, which will normally be residential in character. This OR District is not intended to have any application in undeveloped or newly developing areas of the City or on land made vacant through intentional demolition. Development standards remain flexible to allow conservation and reuse of existing buildings. This district should be located in areas abutting arterial and/or collector streets which are, because of location and trends, suita- ble for development of low intensity office uses, and high intensity residential uses. 5-7.1 Principal Permitted Uses The following uses are permitted in the OR District: 1. Art gallery, museum or library 2. Artist studio 3. General office 4. Hospice 5. Housing for the elderly or persons with disabilities 6. Medical office 7. Mortuary or funeral home 8. Multiple -family dwelling 9. Nursing or convalescent home 10. Parking structure 11. Place of religious exercise or religious assembly 12. Public, private, or parochial school approved by the State of Iowa (K-12) 13. Railroad or public or quasi -public utility, including substation 14. School of private instruction 15. Single- or two-family dwelling unit within an existing structure only 16. Townhouse (two or more laterally attached units) 17. Licensed child care center 18. Community Gardens 19. Registered Child Development Home 5-7.2 Conditional Uses The following conditional uses are permitted in the OR district, subject to the provisions of Section 8-5: 1. Bed and breakfast home 2. Bed and breakfast inn 3. Group home 4. Licensed adult day services 5. Off -premises residential garage 6. Off-street parking 7. Photographic studio 8. Private club 9. Rooming or boarding house 10. Tour home 11. Tourist home 12. Wind energy conversion system 5-7.3 Accessory Uses The following uses are permitted as accessory uses as provided in Section 3-7: 1. Crematorium accessory to a mortuary or funeral home 2. Detached garage 3. Fence 4. Garage sale; no more than three per calendar year or three consecutive days per sale 5. Home -based business Section 2—Land Use Regulations Chapter 5: Zoning Districts 6. Noncommercial garden, greenhouse or nursery 7. Off-street parking and storage of vehicles 8. Satellite receiving dish 9. Solar collector 10. Sport, recreation, or outdoor cooking equipment 11. Storage building 12. Tennis court, swimming pool or similar permanent facility 13. Wind turbine (building -mounted) 14. Solar Collector (freestanding array[s] are limited to not more than 100 aggregate square feet and 10 feet in height). 5-7.4 Temporary Uses Temporary uses shall be regulated in conformance with the provisions of Section 3-19. 5-7.5 Parking Minimum parking requirements shall be regulated in conformance with the provisions of Chapter 14. 5-7.6 Signs Signs shall be regulated in conformance with the provisions of Chapter 15. 5-7.7 Bulk Regulations me CM ar DUB E ,low .A IV 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: 12/10/2021 and for which the charge is 29.71 Subscribed to bef re me, a Notary Public jd for Dubuque County, Iowa, this loth day of December, 2021 2/ Notary PC b is in and for Dubuque tounty, Iowa. IANET K. PAPE CammissItoan Number 19, - Icy Comm. Exp, DEC 11, 2022 Ad text : CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct a public hearing on the 20th day of December, 2021, at 6:30 p.m., in the Historic Federal Building, 350 W. 6th Street, 2nd floor, Dubuque, Iowa, on the following: REZONING Request from Ken Lin, K & L Leasing LLC, to rezone property located at 701 Bluff Street from C4 Downtown Commercial to OR Office Residential to accommodate a residential use on the first floor. At the meeting, the City Council will receive oral and written comments from any resident or property owner of said City to the above action. The official agenda will be posted the Friday before the meeting and will contain public input options. The City Council agenda can be accessed at https://cityofdubuque.novusagenda.com/AgendaPablic/ or by contacting the City Clerk's Office at 563-589-4100, ctyclerk@cityofdubuque.org. Written comments regarding the above public hearings may be submitted to the City Clerk's Office via email at ctyclerk@cityofdubuque.org or by mail to City Clerk's Office, City Hall, 50 W. 13th St., Dubuque, IA 52001, before said time of public hearing. At said time and place of public hearings the City Council will receive any written comments. Copies of supporting documents for the public hearings are on file in the City Clerk's Office and may be viewed Monday through Friday between 8:00 a.m. and 5:00 p.m. Individuals with limited English proficiency, vision, hearing, or speech impairments requiring special assistance should contact the City Clerk's Office at (563) 589-4100, TDD (563) 690-6678, ctyclerk@cityofdubuque.org as soon as feasible. Deaf or hard -of -hearing individuals can use Relay Iowa by dialing 711 or (800) 735-2942. Adrienne N. Breitfelder City Clerk It 12/10 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: 12/24/2021 and for which the charge is 18.25 Subscribed to before me, a Nota9blic in and for Dubuque County, Iowa, this 27th day of December, 2021 \C Notar P blic in and for Dubuque Vounty, Iowa. JAN ET K. PAPE Cam rmisslan Number 199869 My Comm. Ezp, DEC 11, 2022 Ad text : OFFICIAL PUBLICATION ORDINANCE NO. 45-21 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 C-4 DOWNTOWN COMMERCIAL DISTRICT TO OR OFFICE 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 hereinafterdescribed property from C-4 Downtown Commercial District to OR Office Residential 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. 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 20th day of December, 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 24th day of December, 2021. /s/Adrienne N. Breitfelder, City Clerk It 12/24