Request to Rezone_1700 Block of Rhomberg Avenue_Portzen, Holy Spirit ParishMATT SCHULTZ
SECRETARY OF STATE
June 20, 2012
Kevin S. Firnstahl
City Clerk
City of Dubuque
50 West 13th Street
OFFICE OF THE IOWA SECRETARY OF STATE
Re: Resolution #98 -12 addition to 80 -12
Dear Mr. Firnstahl,
LUCAS BUILDING
DES MOINES, IOWA 50319
You are hereby notified that the resolution, plat map, and legal description pertaining to the voluntary
annexation of territory to the City of Dubuque have been received and accepted by this office as required in
Iowa Code section §368.7.
You may consider the annexation filed.
Feel free to contact me with any questions or concerns.
Regards,
Mary Mdsutian
Deputy -Iowa Secretary of State's Office
321 E. 12th Street
Des Moines, IA 50319
515- 281 -5866
mary. mosiman(a�sos. iowa.gov
Cc: Daniel Keller, Iowa Department of Transportation
Cc: Marie Steenlage, City Development Board Administrator
Phone 515 - 281 -5204 Fax 515 - 242 -5953
sos.iowa.gov sos @sos.iowa.gov
Planning Services Department
City Hall
50 West 13" 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
THE CITY OF
Dui
Dubuque
E
bitati
'111
2007
Masterpiece an the Mississippi
April 5, 2012
Applicant: Mike Portzen / Holy Spirit Parish
Location: 1700 Block of Rhomberg Avenue
Description: To rezone property from R -2A Two - Family Residential District to R -4
Multi - Family 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 number, location and size of
the proposed dwelling units.
Staff reviewed the staff report, noting surrounding zoning and land use, setbacks of the
proposed dwellings from existing residences, vehicle trips, off - street parking and
construction of existing platted alley.
There was one public comment that expressed concern for the density of the project
and whether the dwelling units will be rentals.
The Zoning Advisory Commission discussed the request, reviewing density of the
proposed development, the number of dwelling units allowed by the R -4 District,
provision of garages, the height of the units, the exterior appearance of the dwellings,
and vehicle access and parking.
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.
Service People Integr7ity Responsibility Innovation Teamwork
The Honorable Mayor and City Council Members
Page 2
Respectfully submitted,
ke6
Charles Miller, Chairperson
Zoning Advisory Commission
cc: David Harris, Housing and Community Development Director
Jerelyn O'Connor, Neighborhood Development Specialist
Service People Integrity Responsibility Innovation Teamwork
THE CITY OF
Dub
Masterpiece on the Mississippi
['Variance
['Conditional Use Permit
['Appeal
❑Special Exception
['Limited Setback Waiver
Rezoning /PUD /ID
Dubuque
'IIIi►
2007
PLANNING APPLICATION FORM
['Preliminary Plat
['Major Final Plat
❑Minor Final Plat
['Simple Site Plan
❑Minor Site Plan
['Major Site Plan
❑Simple Subdivision
['Text Amendment
❑Temporary Use Permit
❑Annexation
['Historic Revolving Loan
['Historic Housing Grant
Please type or print legibly in ink
Property owner(s): Holy Spirit Parish
Address: 2215 Windsor Avenue City: Dubuque
Fax #: Cell #: E -mail: dbg059bm @arch.pvt.kl2.ia.us
Applicant /Agent: Michael Portzen Phone: ( 563) 557 -7642
Address: 205 Stone Valley Drive City: Dubuque
City of Dubuque
Planning Services Department
Dubuque, IA 52001 -4805
Phone: 563-589-4210
Fax: 563 - 589 -4221
planning@ cityofdubuque.ora
❑Certificate of Appropriateness
❑Advisory Design Review (Public Projects)
['Certificate of Economic Non - Viability
['Historic Designation
DDemolition in Conservation Districts
❑Port of Dubuque Design Review
Phone: ( 563) 583 -1709
State: IA Zip: 52001
Fax #: (563) 557 -9048 Cell #: (563) 543 -8503
Site location /address:
Existing zoning: R -2A
State: IA Zip: 52003
E mail: mportzen @pci- dbq.com
1700 block of Rhomberg Ave.
Proposed zoning: R-4
District:
Neighborhood Association: /9841 tJti -OhPli et
N/A
Legal Description (Sidwell parcel ID# or lot number /block number /subdivision):
Total property (lot) area (square feet or acres): 2.44 acres
Landmark: ❑ Yes 1K No
it. /I, In, 04. /1./f. l7.0/;
j�. if • 178. &; /(. ( .17f1.Obi
Describe proposal and reason necessary (attach a letter of explanation, if needed): Rezone property to
facilitate development of up to 36 dwellings
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 payment does not guarantee approval; and
4. All additional required written and graphic materials are attached.
r,
Property Owner(s): Date:
Applicant /Agent: / 4r r
Date: Z /2.. %
FOR OFFICE USE ONLY - APPLICATION SUBMITTAL CHECKLIST
Fee:�Vaer Received by:
Date: 2 2O /2Docket:
Masterpiece on the Mississippi
Dubuque
2007
Vicinity Map
N
Applicant: Mike Portzen / Holy Spirit Parish
Location: 1700 Block of Rhomberg Avenue
Description: To rezone property from R -2A
Two - Family Residential District to R -4 Multi -
Family Residential District.
Legend
Proposed Area to be Rezoned
Zoning
Base Data Provided by Dubuque County GIS
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REZONING STAFF REPORT Zoning Agenda: April 4, 2012
Property Address:
Property Owner:
Applicant:
1700 Block of Rhomberg Avenue
Holy Spirit Parish
Mike Portzen /Holy Spirit Parish
Proposed Land Use: Residential
Existing Land Use: Vacant/Residential
Adjacent Land Use:
Former Zoning:
North — Residential
East — Residential
South — Residential
West — Church
1934 —2F
1975 — R -3
1985 — R -2A
Proposed Zoning: R -4
Existing Zoning: R -2A
Adjacent Zoning: North — R -2A
East — R -2A
South — R -2A
West — R- 2A/R -4
Total Area: 2.64 acres
Property History: The property was originally subdivided circa 1870 as part of the
original Ham's Addition. The property was split into residential lots and developed for
single - family homes. Subsequent to the residential development, the property was
purchased by Holy Trinity Church and redeveloped for a playground, ball fields, and
parking area, with the exception of two houses that remain at the southwest corner of
the property. The property has remained as recreational field and parking for the
church until the present.
Physical Characteristics: The property is an approximately 2 'A acre level lot with
frontage on Garfield, Whittier, Rhomberg and Hamilton Streets. The property is split by
a 20 -foot wide platted public alley running between Whittier and Hamilton Streets.
There are still two single - family residences located at the southwest corner of the
property.
Concurrence with Comprehensive Plan: The comprehensive Plan calls for this area
to be mixed residential. The Comprehensive Plan encourages redevelopment of
vacant parcels, infill development and provision of affordable housing. The
Comprehensive Plan also recommends that incompatible uses be buffered from each
other.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site.
Rezoning Staff Report — 1700 Block of Rhomberg Page 2
Traffic Patterns /Counts: The IDOT 2009 vehicle counts indicate 3,700 average
daily trips along Rhomberg Avenue just north of the subject property and 6,900
average daily trips along Rhomberg Avenue four blocks south of the subject
property. The difference in counts can partially be attributed to traffic that is
heading from Kerper Boulevard over the Fengler Street overpass and traveling
south on Rhomberg Avenue. In 1975, when the old Wisconsin Toll Bridge was still
in operation, there were 7,250 average daily trips along Rhomberg Avenue just
north of Fengler Street.
Public Services: Existing public services are adequate to serve the property.
Environment: Staff does not anticipate any adverse impact to the environment
provided adequate erosion control and stormwater control is provided during all
phases of development. The subdivision and site plan processes will require that
tools of sustainability will be incorporated to meet current Unified Development
Code standards.
Adjacent Properties: The proposed development will be located in an area that is
characterized primarily by single and two- family residences on standard lots. The
property is located across the street from the Holy Spirit Church and associated
parking, and also across Rhomberg Avenue from an existing R -4 zoned property
with an eight -unit apartment building. The property, when fully developed, could
accommodate approximately 48 units. The applicant has indicated that, if
approved, he intends to construct a total of 36 units. The property is split with a
platted 20 -foot right -of -way running north to south between Hamilton and Whittier
Streets. Access to the parking for the units would likely be taken from the platted
alley to the rear of the buildings.
All residential buildings in an R -4 District would require a setback 20 of feet from all
four frontages of the subject property. Therefore, the closest point of any of the
proposed residential buildings to the adjacent residential properties would be 84
feet. ITE trip generation figures indicate that, if fully developed, the site could
generate up to 310 vehicle trips per day. Traffic to this site would likely flow either
north to Whittier Street and then east or west to Garfield or Rhomberg Avenues, or
south to Hamilton Street, then east or west to Garfield or Rhomberg Avenues.
Most traffic would likely flow along Rhomberg Avenue south. This would represent
an approximately 4 - 5% increase in traffic along Rhomberg Avenue. Rhomberg
Avenue serves as a collector street and should be able to adequately
accommodate the additional traffic.
Development of 48 units on the 2.5 acre site will increase the residential density in
the area and somewhat increase the amount of activity. However, there will be
adequate site access, the required amount of off - street parking will be provided,
and the buildings will be well separated, and not directly adjacent to, the
Rezoning Staff Report — 1700 Block of Rhomberg Page 3
surrounding residential properties. The development should, therefore, have
limited impact on the adjacent properties.
CIP Investments: None proposed.
Staff Analysis: The applicant is proposing to rezone an approximately 2.5 acre parcel
of property located in the 1700 Block of Garfield Avenue across the street from Holy
Spirit (formerly Holy Trinity) Church from R -2A Alternate Two - Family Residential to R -4
Multi- Family Residential. The property is currently undeveloped (with the exception of
two residences located at the southwest corner of the lot) and formerly served as the
recreation and ball field area for the now defunct church school. If rezoned, this
property could accommodate up to 48 units. The applicant has indicated that, if
approved, he intends to construct 36 dwelling units. Primary access to the units would
be taken from an alley that separates the two halves of the property and parking would
be located at the rear of the structures. The residential structures, which could be 3 to
12 -unit buildings, will be separated by street right -of -way and located a minimum of 84
feet from the adjacent residential properties.
The development will generate up to 310 vehicle trips per day and traffic will flow
primarily north and south along Rhomberg Avenue. Additional traffic may flow south
along Garfield or north along both Garfield and Rhomberg Avenues. Some secondary
traffic may take Hamilton Street to Windsor Avenue heading to the city's north end.
This represents a relatively small increase in the amount of traffic on the adjacent
streets that, based on traffic counts, should easily be able to accommodate them. The
required amount of off - street parking will be provided on the site, will be located at the
rear of the structures and will be accessed from a platted alley between the two parcels.
The off- street parking will be partially screened from the adjacent properties by the
buildings themselves.
Redevelopment of this property will represent an increase in residential density;
however, the property will be well separated from adjacent residences and traffic and
demand on parking should not be disruptive to the neighborhood. Staff anticipates
redevelopment of the subject property will have limited impact on the adjacent
residential properties.
Staff recommends the Commission review the criteria established in Section 9 -5 of the
Unified Development Code regarding reclassification.
Prepared by:`
Reviewed:
5 -6 R -4 Multi- Family Residential
The R -4 District is intended to provide residential areas of moderate to high density
developments located adjacent to a major street and serves as a buffer or transition between
commercial development, non - residential uses, or heavy automobile traffic and medium density
residential development.
5 -6.1 Principal Permitted Uses
The following uses are permitted in the R -4 District:
1. Cemetery, mausoleum, or columbarium
2. Place of religious exercise or assembly
3. Multi- family dwelling (three to 12 units per buildings)
4. Public or private park, golf course, or similar natural recreation area
5. Public, private, or parochial school approved by State of Iowa (K -12)
6. Railroad or public or quasi - public utility, including substation
7. Single - family detached dwelling
8. Townhouse (three to 12 units laterally attached)
9. Two - family dwelling (duplex)
5 -6.2 Conditional Uses
The following conditional uses may be permitted in the R -4 District, subject to the provisions of
Section 8 -5:
1. Licensed adult day services
2. Bed and breakfast home
3. Bed and breakfast inn
4. Group home
5. Hospice
6. Housing for the elderly or persons with disabilities
7. Licensed child care center
8. Mortuary, funeral home, or crematorium
9. Multi - family dwelling of 13 or more units
10. Nursing or convalescent home
11. Off - premises residential garage
12. Off-street parking
13. Rooming or boarding house
14. Wind conversion energy system
15. Tour home
16. Tourist home
5 -6.3 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 and storage 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 -6.4 Temporary Uses
Temporary uses shall be regulated in conformance with the provisions of Section 3 -19.
5 -6.5 Parking
Minimum parking requirements shall be regulated in conformance with the provisions of Article
14.
5 -6.6 Signs
Signs shall be regulated in conformance with the provisions of Article 15.
5 -6.7 Bulk Regulations
R -4 Residential
Permitted Uses
Single - Family 5,000 50
Min Lot
Area
(square
feet)
Min Lot
Frontage
Max Lot
Coverage
(% lot
(feet) area)
40
Front (feet)
Setbacks
Max
Height
Min Rear
Max '!
20 50
Two - Family 5,000 50 40 20 50
Multi - Family (12 du
max) 2,000 /du 50 40 20
Townhouse (12 du
max) 1,600 /du 16 /du 40 20 - -- 0_/31 20/0 40
School, Place of
Religious Exercise or
Assembly 20,000 100 40 20 20 20
Conditional Uses
Rooming and
Boarding House 5,000 50 40 20 - -- 3 1 20 40
Group Home 5,000 50 40 20 3 20 40
Hospice 5,000 50 40 1 20 31 20 40
Licensed Childcare
Center, Licensed Adult',
Daycare 5,000 50 40 I 20 3 1 20 40
Bed and Breakfast
Home 5,000 50 40 20 50 4 20 30
4
(feet)
20
(feet)
30
4 20 30
31
20 40
75 2
Bed and Breakfast Inn . 5,000 50 40 20 50
Nursing Home 20,000 100 40 20
Housing, Elderly 20,000 100 40 20
Mortuary, Funeral
Home 20,000 100 40 20
Off- premise residential',
garage 20
1 Plus one additional foot per floor above the second floor.
4 20 30
20 20 40
20 20 40
20 20 40
3 6 15
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.
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210
Return to: Kevin S. Firnstahl, City Clerk Address: City Hall, 50 W. l3`h St Telephone: 589 -4121
ORDINANCE NO. 30 -12
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED IN THE 1700 BLOCK OF RHOMBERG AVENUE
FROM R -2A ALTERNATE TWO- FAMILY RESIDENTIAL DISTRICT TO R -4 MULTI-
FAMILY 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 R -4 Multi - Family Residential District,
to wit:
SW 29'2" of Lot 270, Lot 271 and NE 20'10" of Lot 270, Lots 272, 273, 274, 275,
276, 277 Ham's Addition, and Lots 234, 235, 236, 237, 238, 239, 240 and 241
Ham'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 16th • =y of Apri 2012.
Attest:
Kevi irnstahl, Cit Clerk
. Jones, M -,j•1' Pro -tem
CITY OF DUBUQUE,
IOWA
OFFICIAL NOTICE
NOTICE Is hereby
given that the Dubuque
City conduct public hear-
ings at a meeting to
commence at 6 :30 p.m.
on Monday, April 16,
2012, In the Historic
Federal Building, 350
West 6th Street, on the
following:
Rezoning
Request from Mike
Portzen /Holy Spirit
Parish to rezone
property located In the
1700 block of Rhom-
berg Avenue from R -2A
Two - Family Residential
District to R -4 Multi -
Family Residential
District
Planned Unit De-
velopment Amend-
ment
Request from Peter
Arling, O'Connor &
Thomas, P.C. / Asbury
Dubuque, LC /
Richardson Invest-
ments, LLC to amend
the Planned Unit
Development (PUD) for
property located In the
Asbury Plaza Shopping
Center to allow for the
right -In / right -out
access to the
Northwest Arterial and
to amend the list of
permitted uses, height
and sign regulations.
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 TDY (563)
690 -6678 at least 48
hours prior to the
meeting.
Kevin S. Firnstahl
City Clerk
It 4/7
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 07, 2012, and for which the charge is $22.08.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this 90, day of 20 /�
1
Notary Public in and for Dubuque County, Iowa.