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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 Do4h• I-1 •lDl.�nn�n S 1U M 1ZAC V' M 1 S ° "' ° ^' ° °'' °ezoning o3_12_12.mxd g ervices ian�ty aps icmity aps projects \Holy p 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.