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Request to Rezone_40, 42, 44 and 48 Main Street by Jay FreeberryPlanning 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 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13 Street Dubuque IA 52001 Applicant: Jay Freeberry Location: 40, 42, 44, 48 Main Street Description: To rezone property from C -3 General Commercial and C -4 Downtown Commercial District to OC Office Commercial 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 was unable to attend the meeting. Staff reviewed surrounding zoning, land use, and access. Staff reviewed the history of zoning changes on the property and the provision of parking by the developer. There were no public comments. Masterpiece on the Mississippi The Zoning Advisory Commission discussed the request, noting that the proposed OC zoning supports mixed use development and the continued redevelopment of the property. Recommendation By a vote of 7 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. Respectfully submitted, y Jeff Stiles, Chairperson Zoning Advisory Commission Dubuque AHin faCft 11 2007 October 12, 2010 Service People Integrity Responsibility Innovation Teamwork THE crnc or Dubuque DUB E Masterpiece an the Mississippi ❑variance ❑Conditional Use Permit ]Appeal ]Special Exception R mited Setback Waiver ezoning 2007 please tvoe or print legibly in ink Property owner(s): 1 14 t 4 . ..i LL C. Address: t 1''� It. 0 ‘ 4 s it 1' 1 aty: t , tY: , v ^� �°� S 1 ) Zip: ij / ,- t._ t tf 1 Cellular Number: ? o .) - 6 - / •7 E-mail Address: ) i , (i c 1r,rh4� F�c. ;c ..�� Fax Number: 3 %a /?.) �l�^ PLANNING APPLICATION FORM alarmed District ❑Preliminary Plat ❑ Minor Final Plat []Text Amendment ❑Simple Site Plan OMInor Site Plan Applicant/Agent: , jc— ("tC, Address: Hi 5 6_4 /G Pv/. 5L.' ' k0'4 Fax Number: 3 0) ? i ''jj - Site location /address: 1 / 5 .W / 44.1•fr, Existing zoning: C.— 4 4 Proposed zoning: ❑Major Site Plan ❑Major Final Plat ❑Simple Subdivision ❑Annexation OTTemporary Use Permit Date: City of Dubuque Planning Services Department Dubuque, IA 52001 -4864 Phone: 563-589-4210 Fax: 563 -589 -4221 OCertificate of Economic Non - Viability ❑Certificate of Appropriateness []Historic Designation :Neighborhood Association DOther: Phone: '179 _95 )...5 Phone: Y4,1 City: State: JE. - zip: (5e7::, 3 Cellular Number: E -mail Address: J lx -3 kc /1,4 ie4 j 1 b—.)00 / 40 1 42 1 141 1 4-8 t Historic District: YL $ Landmark: Legal Description (Sidweli parcel ID# or lot number/block number /subdivision): 10 3 'i `I 00 0 C Total property (lot) area (square feet or acres): f :/ A r: s Describe proposal and reason necessary (attach a letter of explanation, if needed):. To et s cc?, 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. AH additional required w n and graphic materials are attached. Property Owner(s)L Applicant/Agent: 000 Date: FORpFFICE USE ONLY — APPLICATION SUBMITTAL CHECKLIST Fee: "'t • Received by: Date: Docket: ❑ Site /ketch piano Conceptual Development Plan °Photo ❑ Plat o Improvement plans o Design review project description ° Floor plan a Other: Base Data Provided by Dubuque County GIS Dubuque Man.na Ii / THECrfYOF DUB 2007 Masterpiece on the Mississippi Vicinity Map Applicant: Jay Freeberry Location: 40, 42, 44, 48 Main Street Description: To rezone property from C -3 General Commercial and C -4 Downtown Commercial District to OC Office Commercial District. Legend Proposed Area to be Rezoned Zoning N REZONING STAFF REPORT Zoning Agenda: October 6, 2010 Property Address: 40, 42, 44 and 48 Main Street Property Owner: 44 Main, LLC Applicant: Jay Freeberry Proposed Land Use: Residential /Office /Commercial Proposed Zoning: OC Existing Land Use: Vacant /Residential /Office Existing Zoning: C -4 Adjacent Land Use: North — Vacant /Public ROW East — Public ROW South — Commercial West — Commercial /Industrial /Park Former Zoning: 1934 — LI; 1975 — LI; 1985 — LI Adjacent Zoning: North — C -4 East — HI South — C -3 West — LI Total Area: 1 acre Property History: The existing building was developed as a large industrial structure in 1900 and has housed a number of industrial uses over the years. The north half of the building was converted to commercial uses including retail sales and a hair salon in the 1960s. The north half of the building was rezoned from LI Light Industrial to C -4 Downtown Commercial in July 2003. A portion of the south half of the building was occupied by a small industrial use and the balance of the building remained vacant. The south half of the building was rezoned to C -4 in June of 2007 and has subsequently been developed for multi - family residential use. Physical Characteristics: The subject building is a large brick three -story industrial building built at the turn of the century. The building has approximately 17,000 square feet of area on each of the three floors. The south half of the building has been converted to 18 residential units and office space. The north half of the building remains vacant. The property is bordered by Main Street and a City park to the west, City of Dubuque public property and the Locust Street Connector to the north, the Highway 61/151 right - of -way to the east, and a commercial building and parking lot to the south. Concurrence with Comprehensive Plan: The Comprehensive Plan recommends mixed -use commercial for this area. Rezoning Staff Report — 40 -48 Main Street Page 2 Impact of Request on: Utilities: Existing utilities are adequate to serve the site. Traffic Patterns /Counts: IDOT 2005 Annual Average Daily Traffic Counts indicate 3,100 vehicle trips per day on Main Street, directly south of the subject property at its intersection with the Jones Street connector to Highway 61/151 and approximately 15,000 vehicle trips per day along the north and southbound lanes of Highway 61/151 to the east of the subject property, and 19,000 vehicle trips per day on the Locust Street connector just north of the subject property. Public Services: Existing utilities are adequate to serve the site. Environment: Currently the property is almost fully developed with little impermeable area. Therefore, redevelopment of the building will have limited negative impact on the environment. Adjacent Properties: The subject property primarily is surrounded by public right - of -way, park area and industrial /commercial development; therefore, renovation of the building for the mix of uses permitted in an Office Commercial District should have very limited impact on the adjacent properties. The mix of uses permitted in an OC District may be somewhat less intense and create less of a demand on parking and generate less traffic than those permitted in a C -4 district. CIP Investments: None proposed. Staff Analysis: The applicant is proposing to rezone a one -acre parcel of property on Main Street just south of the Locust Street connector from C -4 Downtown Commercial district to OC Office Commercial district. Currently, the property is being redeveloped for 42 residential units and several thousand square feet of office space. The developer has purchased adequate public right -of -way and has provided the required amount of off - street parking for the building in anticipation of full development. It is the intent of the applicant to complete the remodeling process on the north half of the building, with the ability to place either commercial or residential uses on the first floor. The C -4 district allows residential uses only above the first floor; however, there is no such prohibition in the OC district. The OC district permits a mix of uses which includes single, two and multi - family residences, general offices and low- intensity retail uses. The C -4 district also allows a mix of residential uses (above the first floor only) and retail uses, some of which are more intense than those allowed in the OC district. The building is bordered on three sides by public right -of -way and Flat Iron Park and on the fourth side by a large commercial building and commercial parking lot. Rezoning Staff Report — 40 -48 Main Street Page 3 Staff does not anticipate that rezoning the property will intensify the potential demand on parking or generate more traffic than what currently is generated by the C -4 District standards. Traffic from this location will enter and exit the property from the Jones Street Connector to both the north and southbound lanes of Highway 61/151 and also from S. Main Street. Staff recommends that the Zoning Advisory Commission review Article 9.5 of the Unified Development Code which establishes criteria for granting a rezoning. Prepared by: �_• Reviewed: f:\users\kmunson\wpl boards- commissionsVaclstaf reports\zac staff reports 201040_48 main street (freeberry) 09_28_10.doc 5 -9 OC Office Commercial The OC District is intended to encourage and permit the establishment of commercial business uses in mixed use specialty areas. This district will generally be located in areas which have developed, or are appropriate to develop, as limited retail districts. This district should also be located in areas adjacent to established commercial districts, in historic and/or architecturally significant areas where the adaptive reuse of existing buildings is encouraged, in areas of particular tourist interest and along arterial and/or collector streets which are suitable for more intensive commercial development. 5 -9.1 Principal Permitted Uses The following uses are permitted in the OC District: 1. Art gallery, museum or library 2. Artist studio 3. Bakery (retail only) 4. Barber or beauty shop 5. General office 6. Medical office 7. Parking structure 8. Photographic studio 9. Place of religious exercise or assembly 10. Retail sales and service 11. School of private instruction 12. Single - family detached dwelling 13. Two - family dwelling 14. Multi - family dwelling 15. Any other specialty retail use of a similar nature and intensity 5 -9.2 Conditional Uses The following conditional uses may be permitted in the OC District subject to the provisions of Section 8 -5: 1. Bar or tavern 2. Bed and breakfast home 3. Bed and breakfast inn 4. Licensed child care center 5. Licensed adult day services 6. Off - street parking 7. Private club 8. Restaurant 9. Tour home 10. Wind energy conversion system. 5 -9.3 Accessory Uses The following uses are permitted as accessory uses as provided in Section 3 -7: 1. Detached garage 2. Fence 3. Garage sale, provided that not more than three such sales shall be allowed per premises per calendar year and not more than three consecutive days per sale 4. Home -based business 5. Noncommercial garden, greenhouse or nursery 6. Off - street parking of vehicles 7. Satellite receiving dish 8. Solar collector 9. Sport, recreation or outdoor cooking equipment 10. Storage building 11. Tennis court, swimming pool or similar permanent facility 12. Wind turbine (building- mounted). 5 -9.4 Temporary Uses Temporary uses shall be regulated in conformance with the provisions of Section 3 -19. 5 -9.5 Parking Minimum parking requirements shall be regulated in conformance with the provisions of Article 14, except that a 25 percent reduction shall be allowed in the OC District for both permitted and conditional uses. 5 -9.6 Signs Signs shall be regulated in conformance with the provisions of Article 15. 5 -9.7 Bulk Regulations Permitted Uses Single - Family Two - Family Multi - Family Place of Religious Exercise or Assembly 2 All Other Permitted Uses Conditional Uses Bed and breakfast home Bed and Breakfast Inn Off - Street Parking Lot Parking Structure All Other Conditional Uses -- i - -- 1 50 Plus one additional foot per floor above the second floor. 50 10 10 20 75 2 50 10 3 20 40 40 10 3 3 feet ; 40 10 3 l 20 40 2 Places of religious exercise or assembly may be erected to a height not exceeding 75 feet, provided that such buildings shall provide at least one additional foot of yard space on all sides for each additional foot by which such building exceeds the maximum height limit of the district in which it is located. OC Office /Commercial Setbacks Min Lot Min Lot Max Lot Min Min Max Area Frontage Coverage Front Side Min Rear Height (square (% lot feet) (feet) area) (feet) (feet) (feet) (feet) t i t 5,000 50 1 50 10 3 20 ; 40 5,000 50 1 50 10 3 20 _ 40 1,200 /du = 50 10 f 3 20 1 40 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. 57-10 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 40, 42, 44 AND 48 MAIN STREET FROM C -4 DOWNTOWN COMMERCIAL DISTRICT TO OC OFFICE 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 -4 Downtown Commercial District to OC Office Commercial District, to wit: Lot 1 -10A of the W % Block 1, Balance W' /2 Lot 12 Block 1, Lots 13, 14 & 15 of W '/ of Block 1, Lots 16 & 17 of W 1 /2 of Block 1, Lot 1 -12A of W 1 /2 of Block 1, Lot 1 -17A of W % of Block 1, and Lot 1 of 1A of W % of Block 1, all in the Dubuque Harbor Company's Addition, 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. Attest: Passed, approved and adopted this 18th day of/ October 2010. ~1-- , anne F. Schneider, City Clerk Roy D. Bug1( Mayor: