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
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2007
October 12, 2010
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❑variance
❑Conditional Use Permit
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PLANNING APPLICATION FORM
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❑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
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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
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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:
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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
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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: