Zoning Text Am McNamara WilmacPlanning Services Department
City Hall
50 West 13th S~et
Dubuque, Iowa 520014864
(563) 58%4210 office
(563) 5892221 fax
(563) 690-6678 TDD
plmming@cityo fdubuque.org
August11,2003
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13~h Street
Dubuque IA 52001
RE: Text Amendment
Applicant: Tim McNamara/VVilmac Property Co.
Description: To allow residential use as a conditional use in an HI Heavy Industrial
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, reviewing the proposed amendment will
provide an added degree of flexibility for redeveloping vacant industrial property.
Staff reviewed the text amendment, noting that pdor to a building being converted to a
residential use, a conditional use permit will be required to be approved by the Zoning
Board of Adjustment.
There were no public comments.
The Zoning Advisory Commission discussed the request, noting that surrounding property
owners within 200 feet will be notified as part of the conditional use permit, which assures
input from surrounding property owners while allowing additional flexibility to redevelop
underutilized industrial properties.
Recona~endafion
By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council
approve the request.
A simple majodty vote is needed for the City Council to approve the request.
Respectfully submiT,'
Zoning Advisory Gommission
Attachments
Service People Integrity ResponsibklJty Innovation Teamwork
Oty of Dubuque
Planning Services Department
Dubuque, ~ 52001-4864
Phone: 563-589-4210
Fax: 563~589.4221
PLANNTNG APPLTCATZON FORM
[] Vadance
[]Conditional Use Permit
[--JAppeal
[]Spedal Exception
[-]Limited Setback Waiver
[-JRezoning
[]Planned District
E~ PreJiminaw Plat
[]Minor Final P~at
[~Text Amendment
~-]Simple .Site Plan
i-]Minor Site Plan
[] Major Site Plan
[] Najor Final Plat
~--lSimpie Subdivision
[]AnnexaUon
[]Temporary Use Permit
[]Certificate of Economic Non-Viability
DCertificate of Appropriateness
i'-lOther:
Please tvoe or orint legibly in ink
Proberty owner(s):
Address: ~,'",/
Fax Number:
Phone: ~ -~.~u~
S~te:~-~'~ Zi p:__~_.~;~
Mobile/Cellular Number:
Applicant/Agent:
Phone:
Address: City:
State: __ ZipL
Fax Number: Mobile/Cellular Number:
Site location/address:
Existing zoning: 'i-/::Z7 Proposed zoning: /¢~- , Historic District:
Landmark:
Legal Description (Sidwell parcel ID# or lot number/block number/subdivision):.
Total propert7 (lot) area (square feet or acres):.
Describe proposal and mason necessa~ (attach a letter of explanaUon, if needed):
C~RTIFiCATION: I/we, the undersigned, do hereby certify that: ~ I ~i~,~T¢~.'~',
1. The information submitted herein is true and correct to the best of myJour knowledge and upon
submittal becomes public record;
Fees are not refundable and payment does not guarantee approval; and
3. All adcf~onal~ wfitL'en and graphic materials are attached.
Applicant/Agent: Date:
FOR OFF~CE USE ONLY -- APPLZCAT~ON SUBMTITAL CHECKLZST
Fee"~2(~;~. ¢::,0 Received by: ~ i3~ ket
r-qs~e/sketch plan [] Conceptual Development Plan
[]Improvement plans J']Design review project description J-]FlOOr plan [-]Other:
WILMAC PROPERTY COMPANY
801 Jackson Street
Dubuque, Iowa 52001
June 19, 2003
City of Dubuque
Planning Services .Department
50 West 13th Street
Dubuque, IA 52001-4864
Dear Planning Services Department:
I hereby propose to change the text of Heavy Industrial Zoning in Dubuque,
Iowa to include a conditional use of residential. This would allow redevelop-
ment of under utilized buildings in the Warehouse District to find new uses as
residential space. The conditional use would dictate that each property pro-
posed to change be examined individually for suitability for this use. Any
objections from neighboring businesses could be heard at that time.
Sincerely,
Tim McNamara
WILMAC PROPERTY COMPANY
Enclosure
563-556-8881 -
CITY OF DUBUQUE, IOWA
MEMORANDUM
July 28, 2003
TO:
FROM:
SUBJECT:
Zoning Advisory Commission
Guy Hemenway, Assistant Planner ~
Text Amendment to Permit Residential Use in HI Heavy Industrial Districts
INTRODUCTION
On June 30, 2003, Mr. Tim McNamara submitted an application requesting to permit
residential use as a conditional use in Heavy Industrial districts. In Mr. McNamara's
letter of application, he states that this amendment would allow redevelopment of
underutilized buildings in the warehouse district enabling them to be used as
residential space. He further states that the conditional use process would ensure that
each proposal would be examined individually for its suitability for residential use.
DISCUSSION
It is common in many communities, especially in larger urban areas, for unutilized or
underutilized industrial buildings to be converted to residential uses. Typically,
residential uses are permitted in vacant or abandoned industrial areas, and not
associated with existing or active industrial use. The conditional use process would
require that the applicant meet certain conditions, and that the request be reviewed by
the Zoning Board of Adjustment, which can place additional conditions on development.
This process also requires that property owners within 200 feet of the proposed use be
notified and invited to attend a public hearing.
Staff recommends the following criteria for a conditional use permit for residential uses
within heavy industrial districts.
The following conditional use is permitted in the HI District, subject to provisions of
Section 5 of this Ordinance and are the minimum requirements for application to the
Board of Adjustment.
1) Residential uses, provided that:
(a)
b)
The residential activity shall not be permitted in an industrial building that
is actively being used for industrial purposes, and no future industrial
uses will be allowed while the residential use is active.
Not less than 650 square feet of area be provided per unit.
Residential Uses in Heavy Industrial Districts
July 24, 2003
Page 2
c) The parking group requirements can be met [6]
CONCLUSION
If the Zoning Advisory Commission approves the amendment and adopts the above
language, residential uses would be permitted in buildings that currently have no
industrial use. These buildings will be precluded from any future industrial use as long
as a residential use was active. Staff recommends the Commissioners review this
proposal and consider any additional conditions they deem appropriate regarding
residential uses in a heavy industrial district.
GH/mkr
Prepared by: Laura Carstens, City Planner Address: 50 W. 13th St.. City Hall Telephone: 589-4210
ORDINANCE NO. 68-03
AN ORDINANCE AMENDING SECTION 3-4.2(D) OF THE CITY OF DUBUQUE CODE OF
ORDINANCES BY ADDING RESIDENTIAL USE AS A CONDITIONAL USE IN THE HI
HEAVY INDUSTRIAL ZONING DISTRICTS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 3-4.2(D) of the Code of Ordinances is hereby amended by
adding residential uses as a conditional use in all Heavy Industrial Districts as follows:
2) Residential use, provided that:
a) The building in which the residential use is to be located contains no
existing industrial use and will be prohibited from having an industrial
use as long as the residential use is active;
b)A minimum of 650 square feet of area be provided for each
unit; and
c) That the parking group requirements can be met. [6]
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 18th day of August: 2003.
Patricia A. Cline, Mayor Pro-Tern
Attest:
Jeanne F. Schneider, City Clerk