Zoning 601 Garfield - Davis Pl. - Potter
Planning Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 589-4210 office
(563) 589-4221 fax
(563) 690-6678 TDD
planning@cityofdubuque.org
www.cityofdubuque.org
THE CITY OF C~
DOWQLJE
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June 10, 2005
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
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RE: Rezoning
Applicant: Scott Potter/Davis Place LLC
Location: 601 Garfield Avenue
Description: To rezone property from R-3 Moderate Density Multi-Family Residential
District to OR Office Residential District.
c'
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 plans to redevelop
property to provide a 12-unit single-room occupancy facility.
Staff reviewed surrounding zoning and land use and location of previous units developed by
the applicant.
There were no public comments.
The Zoning Advisory Commission discussed the request, noting that the rezoning will
facilitate redevelopment of the subject 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,
~Cha~~
Zoning Advisory Commission
Attachments
cc: David Harris, Housing & Community Development Director
Service
People
Integrity
Responsibility
Innovation
Teamwork
Prepared by: Laura Carstens. City Planner Address: 50 W. 13th St.. City Hall Telephone: 589-4210
ORDINANCE NO. 38-05
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT 601 GARFIELD
AVENUE FROM R-3 MODERATE DENSITY MULTI-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 Appendix A (The Zoning Ordinance) of the City of Dubuque
Code of Ordinances is hereby amended by reclassifying the hereinafter-described
property from R-3 Moderate Density Multi-Family Residential District to OR Office
Residential District, to wit:
Lot 1 of Cook'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.
Passed, approved and adopted this 20th day of
June
2005.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
eanne F. Schneider, City Clerk
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Oty of Dubuque
Planning Services Department
Dubuque, IA 52001-4864
Phone: 563-589-4210
Fax: '563-589-4221
PLANNING APPLICATION FORM
o Variance
DConditional Use Permit
DAppeal
o Speci al Exception
DUmited Setback Waiver
~ezoning
OPlanned District
OPreliminary Plat
OMinor Final Plat
DText Amendment
DSimple Site Plan
OMinor Site Plan
o Major Site Plan
o Major Final Plat
DSimple Subdivision
DAnnexation
DTemporary Use Pennit
DCertificate of Economic Non-Viability
DCertificate of Appropriateness
DOther:
Please tvoe or orint leoiblv in Ink
Property owner(s): ~ I':> Oz. ACE tLC- Phone: 5fs,"3- ?-Sc;.-DJ6 1
Address:51J 8IJRF1EL~ 140;:;- Oty: 'lJl>I8D (JoE""' State:::D\- Zip: 6'dDO)
Fax Number: ?c:, 3- ?-g;;J-OJ (1 I Mobile/Cellular Num!?er: 5~ 3- S-'79' ",/1>77
Applicant/Agent: 8 Co 'It A, 4 f/cl2- Phone: ~ g- :/~3"-73:> CJ
Address: 5i65-l?l?nELJIJ I}()C Oty: (1/&)6VF State::::rYI Zip: ~oo J
'Fax Number: X 3- ~75"3-"/3 -S-O Mobile/Cellular Number: 56 '3- ?'?9 - ~.P 77
-Site location/address: 0()/ (J-ArPn€L rJ f}oE OV/&)(POE -n4- ~a I
, Existing zoning: R - 3 Proposed zoning: 0 R Historic Disbict: 1\J (,) Landmark: ~ "
13"tLJ l1ue.
Total property (lot) area (square feet or acres): ~ 7, t"'J~D ~ f"-1
Describe proposal and reasoJ1 necessary (attach a lett:r of explan tion, if needed): 7t> /'?€ /h1I:3 D&..
VI I-t:) /Qe.w 5,Qo ('$, JJ6L I: Do;YI Gee... h'~' ;<? mEA/' Id VNl "'5)
eft50 foJ i ~ ~c T1't1l:-r -Zo/V ,IV f:r ;=-,,- ~ 'Iv E"E1O W I ntolAr lJ~"U..;1Ce.
CERl1FICA110N:!/we, the und~rsigned, do hereby certify that: -ro re.~~,.Ji!! tpt&o """".~ ~1CG"c-\
1. The infonnation submitted herein is true and CXJrrect to the'te; ~ myr~ ~edgeand upon
submittal becomes public record;
2. Fees are not refundable and payment does not guarantee approval; and
3. All additional required written and graphic materials are attached.
Property Owner(S)~~'" {>t-ft: & l- L l!-
Applicant/Agent: ~Tf {Jo~ ... ~-G?~
Date: c} 6 It-f'~ 0 5'
Date: * I1-M 0 S
FOR OFFICE USE ONLY -APPUCATION SUBMITTAL CHECKUST
Fee:~ ~. ~ Received by: c.......4--- Date:-rr/J / cO Docket:
DSite/sketch plan 0 Conceptual Development Plan o Photo DPlat
Dlmprovement plans DDesign review proj~ desaiption DFloor plan o Other:
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SECTION 3. DISTRICT REGULATIONS
3-2. Office Districts:
3-2.1. OR Office Residential District:
(A) General Purpose And Description: The officelhigh density multi-family residential district is
intended to encourage and permit a mixture of compatible office uses with high density
multi-family uses in the existing built city. The 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. This district should serve as a transition zone between
commercial and single- and two-family residential areas through the adaptive reuse of
existing building stock, which will normally be residential in character. Development
standards should remain flexible to allow conservation and reuse of existing buildings. This
district should generally be located in areas abutting arterial and/or collector streets which
are, because of location and trends, suitable for development of low intensity office uses, and
high intensity residential uses.
(B) Principal Permitted Uses: The following uses shall be permitted in the OR district:
(1) One- and two-family dwelling units within existing structures only-[9].
(2) Multi-family dwellings-[9].
(3) Townhouses (3 or more laterally attached units)-[9].
(4) Rooming/boarding houses-[4].
(5) Nursing or convalescent homes-[2].
(6) Housing for the elderly and persons with disabilities-[3].
(7) Mortuaries and funeral homes-[I2].
(8) Noncommercial art galleries, museums and libraries-[13].
(9) Artist studio-[5].
(10) General offices-[14].
(11) Personal services- [14].
(12) Churches, convents, and monasteries-[7].
(13) Schools of private instruction-[4].
(14) Public and private/parochial schools approved by Iowa state board of public instruction
(K-12)-[1O].
(15) Railroads and public or quasi-public utilities including substations-[47].
[ ] Parking group-See section 4-2 of this ordinance.
(C) Accessory Uses: The following uses shall be permitted as accessory uses as provided in
section 4 of this ordinance:
(1) Attached garages.
(2) Detached garages.
(3) Greenhouses.
(4) Solar collectors.
(5) Wind generators.
(6) Satellite receiving dishes.
(7) Storage buildings.
(8) Readily moveable sports, recreation, or outdoor cooking equipment.
(9) Tennis courts, swimming pools and similar permanent facilities.
(10) Home occupations.
(11) Noncommercial gardens and nurseries.
(12) Off-street parking and storage of vehicles.
(13) Fences.
(14) Garage sales or rummage sales provided that not more than three (3) such sales shall be
allowed per premises per calendar year and not more than three (3) consecutive days per sale.
(D) Conditional Uses: The following conditional uses are permitted in the OR district, subject to
the provisions of section 5 of this ordinance and are the minimum requirements for
application to the board of adjustment for a conditional use permit:
(1) Group homes, provided that:
(a) Not less than six hundred and fifty (650) square feet oflot area be provided per
resident;
(b) The parking group requirements can be met-[4].
(2) Bed and breakfast inn, provided that:
(a) The structure is either regulated by the historic preservation ordinance or is listed on
the national register of historic places;
(b) The property has a full-time resident owner or resident manager;
(c) The structure has a minimum total floor area of four thousand five hundred (4,500)
square feet, with not more than one sleeping room for each seven hundred fifty (750)
square feet of floor area, with a maximum of nine (9) sleeping rooms;
(d) Signage shall be limited to one wall mounted, projecting sign with not more than a
forty-inch projecting or freestanding sign, per street frontage not to exceed eight (8)
square feet in area, not internally illuminated, and with direct lighting only with sharp cut
off luminance;
(e) The permit shall not license the property for rental as a private club, museum, or tour
home unless approved by the board; and
(f) Parking shall be provided at a rate of one space per guest room. The parking shall be
provided on-site or on a street frontage of the property, and should not intensify parking
problems in the neighborhood.
(3) Hospice, provided that:
(a) The parking group requirements can be met-[2].
(4) Group day care center provided that:
(a) Forty (40) square feet of indoor floor area (excluding halls and bathrooms) is provided
per child in areas occupied by cribs, thirty-five (35) square feet of indoor area (excluding
halls and bathrooms) is provided per child in areas not occupied by cribs times the
licensed capacity and seventy-five (75) square feet of fenced outdoor recreation space is
provided per child using the space at a given time;
(b) The parking group requirements can be met-[8];
(c) Such facility shall supply loading and unloading of children so as not to obstruct
public streets, or create traffic or safety hazards; and
(d) All licenses have been issued or have been applied for awaiting the outcome of the
board's decision.
(5) Private clubs, provided that:
(a) The parking group requirements can be met-[20].
(6) Off-street parking of operable automobiles to serve a permitted or conditional use in an
abutting office service, commercial (except C-I District), institutional, or industrial district,
provided that:
(a) No structure other than a screening or security fence or wall shall be erected on the
premIses;
(b) Signage shall be limited to one (1) freestanding sign of no more than six (6) square
feet in size per drive opening, identifying the parking use, providing directions or
marking entrances and exits thereto;
(c) A site plan shall be submitted and approved as provided in Section 4 of this
ordinance.
(7) Off-premises residential garages, provided that:
(a) It is incidental and subordinate to a permitted residential use and located on a lot
within three hundred (300) feet of the residential use it serves;
(b) It is owned and maintained by the property owner within three hundred (300) feet of
the residential use it serves;
(c) Such use shall be designed, constructed and maintained in harmony with the
residential setting in which it is located;
(d) No such use shall exceed seven hundred and twenty (720) square feet of floor area per
dwelling unit and a height of fifteen feet (15');
(e) No commercial storage, sales or home occupations shall be permitted within such
structure;
(f) No outside storage shall be permitted in conjunction with such use;
(g) A site plan shall be submitted as provided for in section 4-4 of this ordinance.
[ ] Parking group-See section 4-2 of this ordinance.
(E) Temporary Uses: The following uses shall be permitted as temporary uses in the R-4 district:
(I) Building or trailer for storage of materials and! or equipment necessary for construction
authorized by a valid building permit, provided the location of the building or trailer has been
approved by the building official.
(F) Bulk Regulations:
Front Yard Setbacks
Lot Area
In Square Lot Coverage Rear Yard Building
OR DISTRICT Feet Frontage As% Side Yard Setback Height In
BULK REGULATIONS x 1,000 In Feet Lot Area Min. Max. Setback % Depth Feet
Permitted Uses
General offices 50 20 3* 20 40
3+ family residential 1.2IDU 50 50 20 3* 20 40
Townhouse
(3+ lateral attached) 1.2IDU 16IDU 50 20 0/3* 20 40
Rooming and
boarding house 5 50 50 20 3* 20 40
N ursingl 10
convalescent home 100 50 20 3* 20 40
Housing, elderly 10 3* 20 40
Mortuaries/funeral homes 50 20 3* 20 40
Noncommercial
art galleries 50 20 3* 20 40
Museum, library 60 30 3* 20 40
Artist studio 50 20 3* 20 40
School of
private instruction 50 20 3* 20 40
Church 20 100 50 20 10 20 40
(see section 2-5.10)
Conditional Uses
Group homes 5 50 50 20* 20 40
Bed/breakfast homes 20
Hospice 5 50 50 20 20* 20 40
Group day care center 50 20 20* 20 40
Private club 50 20 20* 20 40
Barber/beauty shop 50 20 20* 20 40
Off-premises
residential garage 50 20 20 6 15
Photographic studio 50 20 20* 20 40
Parking structure 50 20 20 6 40
*Plus one (1) additional foot per floor above the second floor.
Except where abutting a residential district, then six-foot side yard setback
required.
(0) Parking requirements. See section 4-2 ofthis ordinance.
(H) Signs. See Section 4-3 of this ordinance.
REZONING STAFF REPORT
Zoning Agenda: June 1, 2005
Property Address: 601 Garfield Avenue
Property Owner: Scott Potter/Davis Place, LLC
Applicant: Scott Potter
Proposed Land Use: Multi-Family Residential
Proposed Zoning: OR
Existing Land Use: Multi-Family ResidentialNacant
Existing Zoning: R-3
Adjacent Land Use: North - Single Family Residential Adjacent Zoning: North -R-3/R-2A
East - Industrial East-L1
South - Commercial/Residential South -C-1/0R
West - Single and Multi-Family Resi'dential West-R-2A
Former Zoning: 1934 - Two-Family Total Area: 7,000 sq. ft.
1975 - R-4 Multi-Family
1985 - R-2A Alternate Two-Family Residential
Property History: The structure was built in 1860 and has served as a series of
residential or commercial uses until 1980, when it was vacated. It remained vacant until
1990, when the Zoning Board of Adjustment approved a conditional use permit to
convert the structure to a single-room occupancy rooming and boarding house. The
Board approved 10 rooms plus a resident manager apartment. The property is
currently vacant.
Physical Characteristics: The property is a 7,000 square foot level corner lot located at
the intersection of Garfield Avenue and Johnson Street. The property accommodates a
1,100 square foot detached five-stall garage accessible from the alley behind and a
two-story brick 2,230 square foot residence. The structure is legally nonconforming,
being built up to the property lines on both Garfield Avenue and Johnson Street.
Concurrence with Comprehensive Plan: Land Use and Urban Design Goals state,
liTo encourage the concept of mixed use development to diverse and self-sufficient
neighborhoods, and to buffer and protect incompatible uses from each other." The
proposed Land Use Map recommends mixed residential development for this property.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site.
Traffic Patterns/Counts: lOOT has not produced traffic counts for Garfield Avenue
at this location. Garfield is relatively lightly traveled and the addition of a 12-unit
Rezoning Staff Report - 601 Garfield
Page 2
single-room occupancy should have very limited impact on existing traffic patterns
or counts.
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 applicant is proposing to either remove and build new, or
renovate an existing single-room occupancy, into a 12-unit rooming and boarding
house. The redevelopment of a 12 unit SRO at this location should not change the
status or character of the neighborhood as it regards traffic, density or land use.
However, redevelopment may serve to renovate or remove an existing dilapidated,
vacant structure. This redevelopment should have a positive effect on the adjacent
properties.
CIP Investments: None proposed.
Staff Analysis: The applicant is proposing to rezone a 7,000 square foot lot at the
corner of Johnson Street and Garfield Avenue from R-3 Multi-Family Residential zoning
district to OR Office Residential zoning district. Currently the lot accommodates a
vacant 11-room boarding house and detached five-stall garage. The applicant's
intention is to renovate the existing structure, or remove and build a new structure,
creating a 12-room single-room occupancy rooming and boarding house.
The applicant has established two 19-room and one 12-room rooming and boarding
houses in an OR district approximately 150 feet south of the subject property. Rooming
and boarding houses tend to generate little traffic and demand on parking. The
renovation and improvements to this property should have a positive impact on the
subject property and the adjacent properties. If approved, the rezoning will leave one
lot at 605 Garfield Avenue as a remnant R-3 parcel.
Staff recommends the Zoning Advisory Commission review Section 6-1.1 of the Zoning
Ordinance that establishes criteria for granting a rezoning.
Prepared by: ~~'"'I~'IlI1 Reviewed:
Date: 5...15.0..5