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Rezoning Request_2505 Elm Street, MihmPlanning Services Department City Hall 50 West 13th Street Dubuque, IA 52001 -4864 (563) 589 -4210 phone (563) 589-4221 fax (563) 690 -6678 TDD p lanning @cityofdubuque.org The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13 Street Dubuque IA 52001 Masterpiece on the Mississippi Dubuque bald ar a 1111' aa 2007 April 8, 2011 Applicant: Rev. Richard Mihm, Dubuque Rescue Mission Location: 2505 Elm Street Description: To rezone property from R -2A Alternate Two - Family Residential District to OR Office Residential 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 requested rezoning, the property location and his intent to develop a residence for 12 men. He indicated he held a neighborhood meeting at Comiskey Park. Staff reviewed the requested rezoning, noting that in addition to rezoning the property, a conditional use permit is also required for the proposed facility. There were several public comments regarding concerns about the impact of the proposed residence on the value of surrounding property, the proximity to similar facilities on the North End, and the safety of children in the neighborhood. The Zoning Advisory Commission discussed the request, noting that the facility will serve a different population than existing facilities on the North End and that the proposed zoning is compatible with the surrounding area. 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, * t ' Jeff S'files, Chairperson Zoning Advisory Commission Attachments cc: David Harris, Housing & Community Development Director Service People Integrity Responsibility Innovation Teamwork Masterpiece on the Mississippi ❑Variance Conditional Use Permit El Appeal ❑Special Exception ❑Limited Setback Waiver Rezoning Property Owner(s): Applicant /Agent: Dubuque krittri WmdkaCtlY 11 2007 Please type or print legibly in ink Property owner(s): b it.ar._ Address: S 1 ? . K Fax Number: S b; -7 g S lob 74 ' PLANNING APPLICATION FORM ❑Planned District ❑Preliminary Plat ❑Minor Final Plat ❑Text Amendment ❑Simple Site Plan Minor Site Plan ❑Major Site Plan ❑Major Final Plat ❑Simple Subdivision ❑Annexation ETemporary Use Permit . 0 vk Applicant /Agent: NV. k i c tH fd J, .J4 e A vi-i. Total property (lot) area (square feet or acres): , A /D City of Dubuque Planning Services Department Dubuque, IA 52001 -4864 Phone: 563 - 589 -4210 Fax: 563 - 589 -4221 ['Certificate of Economic Non - Viability ❑Certificate of Appropriateness ❑Historic Designation n 1 Q • Neighborhood Association Iv }',tit 1 0014,2 Other: Phone: S G2 3 -- ' ) ,3 7 City: _)"s State: r c w ` Zip: Cellular Number: S63 c15 ( - .3`1 3S - E -mail Address: WI' 14'' E iii . c z' . Lit ��t�t.r KF5c (.4 e ,. Existing zoning: /C Z / N.-" Proposed zoning: C•' //� Historic District: 4C Landmark: 1 -AD ' Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): t%' •' 1 Z �?G`� C`. O 3 C X >` t I 4 clot ' Describe proposal and reason necessary (attach a letter of explanation, if needed):. ! 5 i '/w. >'c i z ar vh 4.,e :2ir55 ,c.L Phone: CC5 5 "s - / 3`) Address: 3 % .titei 51 City: :03Q State: To L' / Zip: 5 -2e ' ( Fax Number: 51 3 - 5 3 ; . 66 7`1 Cellular Number: E -mail Address: 14cc44.. Site location /address: 25 05 C-I A --, S - hr . ze t (diJec 1V/) 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 required written and graphic materials are attached. Date: Date: O -22 /! C +� '22 -/ FOR OFFICE USE ONLY - APPLICATION SUBMITTAL CHECKLIST Fee:' r - ` Received by: � - 111 Date: ZZ° Nocket: ❑ Site /sketch plan❑ Conceptual Development Plan ❑Photo ❑ Plat ❑ Improvement plans ❑ Design review project description ❑ Floor plan ❑ Other: ��z�se Dubuque 9 Tr P 2007 Masterpiece on the Mississippi Vicinity Map Applicant: Dubuque Rescue Mission Location: 2505 Elm Street Description: To rezone property from R -2A Alternte Two - Family Residential District to OR Office Residential District. Legend Proposed Area to be Rezoned Dubuque City Zoning (color) Base Data Provided by Dub ua e I ounty GI . c\ REZONING STAFF REPORT Zoning Agenda: April 6, 2011 Property Address: 2505 Elm Street Property Owner: Dubuque Rescue Mission Applicant: Rev. Richard Mihm, Dubuque Rescue Mission Proposed Land Use: Multi - Family Residential Proposed Zoning: OR Existing Land Use: Single - Family Residential Existing Zoning: R -2A Adjacent Land Use: North — Residential Adjacent Zoning: North — R -2A East — Residential East — R -2 South — Surface parking South — LI West — Residential West — R -2A Former Zoning: 1934 — Multi - Family; 1975 — R -3; 1985 — R -2A Total Area: 15,000 square feet Property History: The property was subdivided circa 1890 as part of the original Langworthys Addition into three Tots and a single - family home was built on the center lot in 1900. The properties continue to accommodate a single - family home. Physical Characteristics: The property consists of three level 5,000 square foot lots located at the corner of 25 and Elm Streets. The property is bounded at the rear by an improved City alley and has sidewalks on both the Elm Street and 25 Street frontages. Two of the lots currently are vacant and the center lot accommodates a two -story frame single - family home. Concurrence with Comprehensive Plan: The Comprehensive Plan calls for this area to remain single- and multi - family, mixed -used residential. The Comprehensive Plan recommends buffering incompatible uses and providing a mix of housing options within the community. Impact of Request on: Utilities: Existing utilities are adequate to serve the site. Traffic Patterns /Counts: At this location, Elm Street is not heavily traveled and, therefore, the Iowa Department of Transportation has not provided traffic counts for this area Rezoning Staff Report — 2505 Elm Street Page 2 Public Services: 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 development. Adjacent Properties: The addition of a single -room occupancy rooming and boarding house, at this location, should have very limited impact on traffic and demand on parking in the neighborhood. The property will, however, increase the residential density over and above the adjacent, primarily single - family development. The property will also buffer the residential use to the north from the existing commercial parking lot to the south. CIP Investments: None proposed. Staff Analysis: The applicant is proposing to rezone a total of 15,000 square feet of property located at the corner of Elm and 25 Streets from R -2A Alternate Two - Family Residential to OR Office Residential District to accommodate a single -room occupancy rooming and boarding house. The applicant has stated that the plan is to develop an approximately 12 room facility. The property currently consists of 3 lots. The lot closest to the corner of 25 and Elm Streets currently is vacant. The center lot accommodates a two -story single - family frame residence and the third lot to the north is also vacant. The applicant intends to redevelop the lots to accommodate a rooming house and locate the required parking behind the facility along the alley that is accessed from 25 Street. The addition of a 12 room SRO at this location should have very limited impact on overall traffic and demand on parking in the neighborhood. However, the rooming house represents a relatively dense residential development that will be located directly adjacent to what is primarily single- and two- family residential development. Please note that, if the request to rezone is approved, the property owner will have to submit a site plan and acquire a conditional use permit from the Zoning Board of Adjustment. The Zoning Board of Adjustment has the ability to place conditions on the proposed facility such as limiting the number of rooms or requiring additional parking. Staff recommends that the Zoning Advisory Commission review the criteria established in Section 9 -5 of the Unified Development Code regarding reclassification of property. Prepared by: I4 Reviewed: f:\ users \kmunson \wp \boards- commissions\zac \staff ports\zac staff reports 2011\2505 elm street rezoning stf rpt.doc Section 2 -Land Use Regulations Article 5: Zoning Districts Townhouse General office Group home Wind energy conversion system 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, suit- able 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) 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 3. Group home 4. Licensed adult day services 5. Licensed child care center 6. Off - premises residential garage 7. Off - street parking 8. Photographic studio 9. Private club 10. Rooming or boarding house 11. Tour home 12. Tourist home 13. 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 nn.un 01 DUBUQ E Section 2 —Land Use Regulations Article 5: Zoning Districts 4. Garage sale; no more than three per calendar year or three consecutive days per sale 5. Home -based business 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) 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 Article 14. 5 -7.6 Signs Signs shall be regulated in conformance with the provisions of Article 15. ------..._ Min Lot Min Lot OR Office /Residential Area Frontage (square t Midpoint Height l Shed Roof Midpoint Height Gable or Hip Roof (feet) Max Min Side (feet) } -- Deddme Height Mansard or Gambrel Roof - 20 -- f Highest Level Height 10 Section 2 —Land Use Regulations 5 -7.7 Bulk Regulations Required Rear 1 Setback Required F Setback Lot Area ThHltIHl1lllil Article 5: Zoning Districts l,ILcrTYor DUB Min Lot Min Lot OR Office /Residential Area Frontage (square Max Lot Coverage (% lot area) Front Min Setbacks Min Rear (feet) Max Height (feet) (feet) Max Min Side (feet) feet) (feet) Permitted Uses General office -- -- 50 20 -- 3 10 40 Hospice 5,000 50 50 20 — 3 10 40 Housing for the elderly or disabled 10,000 -- - -- -- - -- 3 1 10 40 Medical office -- — 50 20 -- 3 10 40 Mortuary, Funeral home - -- -- 50 20 - -- 3 10 40 Multi- family 1,200 /du 50 50 20 - -- 3 10 40 Nursing or convalescent home 10,000 100 50 20 -- 3 1 10 40 Place of religious exercise or assembly, School 20,000 100 50 20 - -- 3 10 75 2 Single - family detached dwelling 5,000 50 50 20 50 3 10 40 Townhouse 1,200 /du 16 /du 50 20 - -- r 3/0 r 10/0 40 Two - family dwelling 5,000 50 50 20 50 3 10 40 All other permitted uses -- -- 50 20 -- 3 10 40 Conditional Uses . Bed and breakfast home 5,000 50 50 20 50 3 10 40 Bed and breakfast inn - -- — 50 20 50 3 10 40 Group home 5,000 50 50 -- - -- 3 10 40 Licensed adult day services, Licensed child care center 5,000 50 50 20 -- 3 10 40 Off - premise residential garage - -- - -- 50 20 -- 3 10 15 Photographic studio - -- - -- 50 20 -- 3 10 40 Private club -- -- 50 20 - -- 3 10 40 Rooming or boarding house 5,000 50 50 20 - -- 3 10 40 1 When abutting a residential district, a six foot side setback is required. 2 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. Section 2 —Land Use Regulations 5 -7.7 Bulk Regulations Required Rear 1 Setback Required F Setback Lot Area ThHltIHl1lllil Article 5: Zoning Districts l,ILcrTYor DUB 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 Attest: ORDINANCE NO. 30 -11 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2505 ELM STREET FROM R -2A ALTERNATE TWO- FAMILY RESIDENTIAL 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 R -2A Alternate Two - Family Residential District to OR Office Residential District, to wit: Lots 67, 68 and 69 of E. Langworthy'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 upon publications, as provided by law. Passed, approved and adopted this 18th flay of April 2011. eanne F. Schneider, - City Clerk Roy D. l ol, Mayor OFFICIAL PUBLICATION ORDINANCE NO. 30-11 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OFORDINANCES, UNIFIED DEVELOP- MENT CODE, BY RECLASSIFYING HERE- INAFTER DESCRIBED PROPERTY LOCATED AT 2505 ELM STREET FROM R -2A ALTERNATE TWO- FAMILY RESIDEN- TIAL DISTRICT TO OR OFFICE RESIDENTIAL DISTRICT. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, 10- WA: Section 1. That Title 16 of the City of. Dubu- que Code of Ordinan- ces, Unified Develop- ment Code, is hereby amended by reclass- ifying the hereinafter described property from R -2A Alternate Two - Family Residential District to OR Office Residential District, to wit: Lots 67, 68 and 69 of E. Langworthy's Addition, I and to the centerline of the adjoining . public right -of -way, all in the City of Dubuque, Iowa. Section 2. The forego- ing amendment has heretofore been re- viewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordi- nance shall take effect upon publications, as provided by law. Passed, approved and adopted this 18th day of April, 2011. /s/Roy D.Buol, Mayor Attest: /s/Jeanne F.Schneider, CMS c - � Gerc ,. _ 1 srt e ic in the Telegraph Herald Newspaper the 22nd day of April, 2011. /s/Jeanne F. Schneider, CMC, City Clerk It 4/22 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, 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: April 22, 2011, and for which the charge is $13.47. Subscribed to before me, a Notary Public in and for Dubuque County_ Iowa, _Jtt —_ /i _ / /// _ Notary Public in and for Dubuque County, Iowa. MARY K. WESTERME\ Commission Number 154 M Cc , ^ E • FEB. 20* , CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE is hereby giv- en that the Dubuque City Council will con- duct a public hearing at a meeting to com- mence at 6:30 p.m. on Monday, April 18, 2011, in the Historic Federal Building, 350 West 6th Street, on the follow- ing: Rezoning Request of Reverend Richard Mihm, Dubu- que Rescue Mission, to rezone property locat- ed at 2505 Elm Street from R -2A Alternate Two-Family Residential District to OR Office Residential District. Copies of supporting documents for the pub- lic hearing are on file in the City Clerk's Office and may be viewed during normal working hours. Written comments're- garding the above rezoning may be sub- mitted to the City Clerk's Office on or be- fore said time of public hearing. At said time and place of public hearing all interested citizens and parties will be given an.oppor- tunity to be heard for or against said rezoning. Any visual or hearing impaired persons needing special assis- tance or persons with special accessibility needs should contact the City Clerk's Office at (563)` 589 -4120 or TDD (563) 690 -6678 at least 48 hours prior to the meeting. Jeanne F. Schneider, CMC, City Clerk 1t 4/8 STATE OF IOWA {SS: DUBUQUE COUNTY I, Suzanne Pike, 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: April 08, 2011, and for which the charge is $15.81. Subscribed to before me, a Notary Public in and for Du que County, Iowa, this . day of �; i , 20/� CERTIFICATION OF PUBLICATION 3t• Notary Public in and for Dubuque County, Iowa. MARY K. WESTERME, Commission Number 154