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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 ~<-/k,~ June 10, 2005 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 ',.. f 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 D~~~ ~~~ 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: <1z C- eo :E ~ -- c: -- o -- > 0> U ro 0- en .> ro o "i:: 0> ..... ..... o 0- t: o U en ..;..; c ro .U a.() 0.--1 <(--I 0> ::J C 0> ~ -c 0> 't:: ro (!) T""" o CD c o ~ ro U o --I I >-.- t::~a:: o>::JO a.~ 0 o >-..... s.... ..... a. .en t5 -: .- U 0> C ~ .- co>en~ o 0.- en N 0.- 0>0>_0 s....-roro- o s.... ~ ro I-O>c~ -co>c O -c 0> c .- -c o ~ en .- ._ 0> en .....C")tVO> a..u..tV ._ tV u.. s.... u.. >- U == 0> enEEu O>oro~ O~u.O (]) ..0 o +"" rn (]) s.... rn "'0"'0 ~ (]) o C 0..0 o N s.... (]) Q..rt: ~---...-- ..... t l t l t ~ I i ::::i 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