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Request to Rezone 1845 Washington Street_ArmstrongPlanning 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. 13th Street Dubuque IA 52001 Masterpiece on the Mississippi Dubuque a4ma+askr 2007 August 8, 2011 Applicant: Marcy & Michael Armstrong Location: 1845 Washington Street Description: To rezone property from R -2A Alternate Two - Family Residential District and C -2 Neighborhood Shopping Center District to C -4 Downtown 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 due to storm clean up. Staff reviewed the rezoning request, noting the location of the property, current use of the property, and surrounding zoning and land use. There were no public comments. The Zoning Advisory Commission discussed the request, noting that the small size of the parcel limits the number of potential uses of the site and the rezoning will not have an adverse impact to the adjacent property. Recommendation By a vote of 6 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, r In4_- Charlie Miller, Chairperson Zoning Advisory Commission Attachments Service People Integrity Responsibility Innovation Teamwork Masterpiece on the Mississippi [Variance ['Conditional Use Permit ['Appeal ['Special Exception ❑ Rimited Setback Waiver ezoning /PUD Dubuque 11111.' 2007 PLANNING APPLICATION FORM ['Preliminary Plat ❑Major Final Plat ['Minor Final Plat ❑Simple Site Plan DMinor Site Plan ['Major Site Plan ['Simple Subdivision ['Text Amendment ['Temporary Use Permit ['Annexation ['Historic Revolving Loan ['Historic Housing Grant Planning Services Department City Hail — 50 W. 13th Street Dubuque, IA 52001 -4864 Phone: 563-589-4210 Fax: 563 - 589 -4221 planning @cityofdubuque.orq ❑Certil=tcate of Appropriateness DAdvisory Design Review (Public Projects) ❑Certificate of Economic Non - Viability ❑Historic Designation DDemolition in Conservation District Neighborhood Assoc. L11'f Slikkii Please tvee or print legibly in ink Property owner(s): f-F� `C y , /O % /2134avAr Phone: .J .5 7- / 11.riff Address: /f'%5-- 1�$Z1/ 7 ' ✓ City: /2 t''G1(Q I/E State: TA Zip: -5-2a,/ Fax #: Cell #: O' *572 E -mail: Applicant/Agent: Phone: Address: City: State: Zip: Fax #: CeII #: E -mail: Site location /address: / 8 9/3- k o,s-- (/y�/(r Existing zoning: 1, Z Proposed zoning: District: A/ Legal Description (Sidwell parcel ID# or lot number /block number /s Total property (lot) area (square feet or acres): 8 1 1 ° 4' Describe proposal and reason necessary (attach a letter of explanation, if needed): 'To. 91,=-79-e/ (- 2 ;1✓ {A IurLi-j c/ 1 �� ;.�af•�i'.d/ l ' y" \Ab'i /4 IC • -i,2 : -ri' bdivision): /-9V12 "7Y, 2-95; # E/j57- 4tf 4'a t/E 40e. ��/�G✓&2 uE Landmark: DYes No 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 paymentt .oes not guarantee approval; and 4. All additional requ � en and /phi - terials . e attach-E Property Owner(s): `/ �� Date:`- Applicant /Agent(s): Date: FOR OFFICE USE ONLY t. Fee: TAU Received by: 141.. rut + �'vj k 6i Date: ' 1 I Docket: Base Data Provided by Dubuque County GIS Dubuque Alimeneirr 1111 P. THE CITY OF 2 °°' DUB Masterpiece on the Mississippi Vicinity Map Applicant: Marcy & Michael Armstrong Location: 1845 Washington Street N Description: To rezone property from R -2A Alternate Two - Family Residential District and C -2 Neighborhood Shopping Center District to C -4 Downtown Commercial District. Legend ® Proposed Area to be Rezoned CI Zoning Path: H: \Planning Services \Vicinity Maps\ZAC Vicinity Maps \projects \1845 Washington Street Rezoning 07_13_11.mxd REZONING STAFF REPORT Zoning Agenda: August 3, 2011 Property Address: 1845 Washington Street (Lot 1 -94, Lot 2 -94, Lot 2 -95, and Lot 1 of 1 of 95 East Dubuque Addition) Property Owner. Marcy & Michael Armstrong Applicant Marcy & Michael Armstrong Proposed Land Use: Commercial Proposed Zoning: C -4 Existing Land Use: Commercial/Vacant Existing Zoning: C -2 /R2A Adjacent Land Use: North — Commercial Adjacent Zoning: North— C -2 East — Residential East — R -2A South — Park South — R -2A West — Commercial /Residential West — C- 2 /R -2A Former Zoning: 1934 — Multi - Family; 1975 — OR -1; 1985 — C- 2 /R -2A Total Area: 8,700 square feet Property History: The property was platted as part of the original East Dubuque Addition circa 1900. Single- Family homes were built in this area. The property was redeveloped and a new two -story commercial building was built on the subject lot in 1962. Several adjacent houses were demolished in the mid -2000s and the adjacent property was redeveloped for a City park. Physical Characteristics: The subject property is a level, approximately 8,700 square foot lot with frontage along Washington Street and with an alley behind. About 5,600 square feet of the lot accommodates a commercial structure, which is built to the side, front and rear property lines. The south approximately 1/3 of the propertyis currently a vacant gravel lot. Concurrence with Comprehensive Plan: The Comprehensive Plan recommends that this area be mixed -use. The Comprehensive Plan recommends prctecting and enhancing the viability of residential neighborhoods and also recommends providing opportunities for convenient and concentrated commercial development. The Comprehensive Plan encourages the concept of mixed -use development to create diverse and self- sufficient neighborhoods. Impact of Request on: Utilities: Existing utilities are adequate to serve the site. Traffic Patterns /Counts: There are no traffic counts available for Washington Street at this location; however, rezoning the property should have very limited impacton the overall traffic counts and patterns in this neighborhood. Truck traffic along Washington Street is limited by raised traffic circles at the intersections located at each end of the subject block. Public Services: Public services are adequate to serve this site. Rezoning Staff Report —1845 Washington Street Page 2 Environment: Staff does not anticipate any adverse impact to the environment provided adequate erosion control and storm water control is providedwhen and if the vacant portion of the lot were to be redeveloped. Adjacent Properties: The subject lot is located in a mixed -use area with primarily commercial development to the north and residential development east and west across the alley and Washington Street There is a City park to the south of the subject lot. Rezoning the property will increase the number ofuses from the 21 permitted in a C-2 District to the 52 permitted in a C-4 District. The current use is a legally non - conforming retail service contractors shop. Because the property is almost fully developed and there are a number of legally nonconforming businesses directly adjacent to the subject property in the neighborhood, rezoning this property to C-4 should have very limited additional impact on the neighborhood and adjacent property. CIP Investments: None proposed. Staff Analysis: The applicant is proposing to rezone an approximately 8,700 square foot lot from C -2 Neighborhood Shopping Center District and R-2A Alternate Two-Family Residential District to C-4 Downtown Commercial District. Currently, the northern approximately twothirds of the lot accommodates two-story brick commercial building that houses a retail service business. The southern one -third of the property formerly had a residence that was demolished and is now a vacant gravel lot that serves as parking for the service vehicles for the business. The subject property is located in a mixed use area with residential uses across Washington Street and behind the subject lot on the alley, commercial uses primarily tothe north, and a City Park to the south. The applicant's intent is to redevelop the vacant lot thatthat is currently is zoned R 2A to expand the existing building and to create a storage area for service vehicles. Because the property is almost fully developed, rezoning the property to C-4 should have limited impact on the neighborhood in that it should not generate more noise, traffic or demand for on- street parking than the existing C-2 property does. There are a number of uses permitted in the 0-2 District that would be as intense as those in the C-4 District. Also, rezoning to C-4 will make the business conforming because a contractor's shop or retail service is permitted in a C -4 district, but not in a C-2 district. It will also enable the applicant to place some of the service vehicles stored outside inside the building and out of sight from the adjacent residential properties. Staff recommends that the Zoning Advisory Commission review the criteria established in Article 9 -5 of the Unified Development Code regarding reclassification of property. Prepared by: &' i..A�y,U Reviewed: r.l 4,..._ Date: 7 -z7-ii f:\ users\ kmunson \wp\boards- commissions\zadstaff reports\zac staff reports 20111845 washington rezoning stf rpt 07_26_11.doc CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE is hereby given that the Dubuque City Council will conduct public hear- ings at a meeting to commence at 6:30 p.m. on Monday, August 15, 2011, in the Historic Federal Building, 350 West 6th Street, on the following: Rezonings Request from Marcy & Michael Armstrong to rezone property located at 1845 Washington Street from R -2A Alternate Two - Family Residential District and C -2. Neighborhood Com- mercial District to C -4 Downtown Commercial District. Request from Tom. Kluck to amend the Planned Residential District for property located at 2763 University Avenue to permit a 60 -foot by 30- foot, two -story corn- mon building with 3 apartments on the second story; set back 20 feet from the north side property line. Copies of supporting documents for the public hearings are on file in the City Clerk's Office and may be viewed during normal working hours. Written comments. regarding the above public hearings may be submitted to the City Clerk's Office on or before said time of public hearing. At said time and place of public hearings all interested citizens and parties will be given an opportunity to be heard for or against said rezoning. Any visual or hearing impaired persons need- ing special assistance or persons with special accessibility needs should contact the City Clerk's Office at (563) 589 -4120 or TTY (563) 690 -6678 at least 48 hours prior to the meeting. Kevin S. Firnstahl Acting Citylerk it 8/6 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: August 06, 2011, and for which the charge is $20.70. 9 1-- , --A-y1- ,,, e_Pdp Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 9 day of . e ��e," , 20 /7 . otary Public in and for Dubuque County, Iowa. MARY K. WESTERME Commission Number 154 Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210 Return to: Kevin Firnstahl, Acting City Clerk Address: City Hall- 50 W. 13 St Telephone: 589 -4121 2011. ORDINANCE NO. 40— 11 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1845 WASHINGTON STREET FROM C -2 NEIGHBORHOOD SHOPPING CENTER DISTRICT AND R -2A ALTERNATE TWO- FAMILY RESIDENTIAL DISTRICT TO C -4 DOWNTOWN 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 -2 Neighborhood Shopping Center District and R -2A Alternate Two - Family Residential District to C -4 Downtown Commercial District, to wit: Lot 1 -94, 2 -94, 2 -95 and 1 -1- 95 all in East Dubuque 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. Passed, approved and adopted this 15th day of August - i _ij;9 fZ.,ff Attest: Key' S. Firns ahl, Acting C ity erk i Roy D. fluol, Mayor OFFICIAL PUBLICATION ORDINANCE NO. 40-11 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED' CODE,, BY RECLAS- SIFYING HEREINAF- TER DESCRIBED PRO- PERTY LOCATED AT 1345 WASHINGTON NEIGHBORHOOD C-2 RHO D SHOPPING CENTER DISTRICT AND R -2A ALTERNATE TWO - FAMILY RESIDENTIAL DISTRICT TO C-4 DOWNTOWN COM- MERCIAL 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 here- inafter- described pro- perty from C -2 Neigh- borhood Shopping Cen- ter District and R -2A Alternate Two - Family Residential Districtto C- 4 Downtown Commer- cial District, to wit: Lot 1 -94, 2 -94, 2 -95 and 1 -1- 95 all in East Dubuque Addition, and to the centerline of the adjoining public right - of -way, all in the City of Dubuque, Iowa. Section 2. The fore - - going•:e nendment- - has heretofore been review- ed by the Zoning Advi- sory 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 15th day of August, 2011. /s /Roy D. Buol, Mayor Attest: /s/ Kevin S. Firnstahl, Acting City Clerk Published officially in the Telegraph - Herald Newspaper the 19th day of August, 2011. /s /Kevin 5 Firnstahl, Acting City Clerk 1t 8/19 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: August 19, 2011, and for which the charge is $15.52. cc( Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this .d3zeto day of ca-e-Age- , 20 // . Notary Public in and for Dubuque County, Iowa. MARY K, WESTERMEYu- Commleelon Number 154 -,'- -1�^; rl 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 planning @cityofdubuque.org Marcy & Michael Armstrong 1845 Washington Street Dubuque IA 52001 THE CITY OF Dui Dubuque E� 1111 2007 Masterpiece on the Mississippi RE: City Council Public Hearing — Rezoning Request Dear Applicant: August 1, 2011 The City Council will consider your request to rezone property located at 1845 Washington Street at a public hearing on Monday, August 15, 2011. Please attend this meeting, or send a representative to the meeting in your place to present your request and answer questions. City Council meetings begin at 6:30 p.m. in the City Council Chamber, 2n Floor, Historic Federal Building (Post Office), 350 W. 6th Street, Dubuque, Iowa. Please contact the Planning Services Department at (563) 589 -4210 if you need more information or have any questions. Sincer ly, Kyle L. Krit Associate Planner Enclosures cc Kevin Firnstahl, City Clerk's Office f: \users \kmunson \wp \city council\2011 \cc aug 15 2011 \armstrong rezoning cchrg ltr 08_01_11.doc Service People Integrity Responsibility Innovation Teamwork