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Zoning 2080 Elm Mihalakis SRO THE CITY OF DUB E ~-~~ MEMORANDUM September 19, 2005 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Action Item #1 - 2080 Elm Street /Michelle Mihalakis Rezoning In relation to Action Item #1, a request was made for information on calls for service at 513 Garfield Avenue (Davis Place). The information is attached. ~, ~ ~i ~ ,1~ f ~ ~ E ~ ,~~ -7 r ~/ L.{ ~~,ft.L. 4 ~ ~.'J Michael C. Van Milligen ,: _ r ~~ ~ MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager THE CITY OF DuB E ~~ MEMORANDUM Date: September 19, 2005 To: Michael C. Van Milligen City Manager From: Kim B. Wadding Police Chief Re: Calls for Service - 511/513 Garfield Avenue (Davis Place) INTRODUCTION: The purpose of this memorandum is to highlight the calls for service (CFS) for 511 and 513 Garfield Avenue (Davis Place). BACKGROUND: On August 15, 2005 a rezoning request was made to the City Council regarding the property at 2080 Elm Street. The applicant is proposing the creation of a 20-room SRO boarding house. In consideration of the request, a review of the calls for service was completed for the immediate area of the proposed facility. Additionally, a request for the calls for service for Davis Place, 511 & 513 Garfield Avenue, a similar type facility for men, was requested for review. DISCUSSION: The calls for service for Davis Place, 511 and 513 Garfield Avenue, are from the period of January 1, 2004 to September 19, 2005 (20 months). There were 52 calls for service. Of the 52 calls for service, 41 were for 511 Garfield Avenue and 11 for 513 Garfield. Of those calls, seven reports were filed by police and 45 calls were handled by the responding officer/unit(s). The call type, description and disposition are listed below: Call Type __ ~ .Call Description Dis sition Theft 1 Unknown Pro ert Cancelled Theft 1 Theft of Bic cle Offense Re ort Filed Criminal Mischief 1 Vehicle Vandalized in Alle Handled b Officer Assault 1 Two Sub~ects Fi htin Outside Handled b Officer Intoxication 1 Intoxicated Tenant Mental Health Re ort Intoxication 1 Intoxicated Tenant Re ort Filed Traffic Sto 1 Vehicle Sto in Front of Buildin Handled b Officer Traffic Sto 4 Vehicle Sto s Near Buildin Re orts Filed Parkin 4 Private Lot Tickets Re orts Filed Missin Vehicle 1 Vehicle Missin /Located Handled b Officer Disturbance 1 Loud Kids Outside Handled b Officer Disturbance 2 Loud Tenants Handled b Officer Disturbance 1 Man Yellin in Alle Handled b Officer Disturbance 1 Two Tenants Fi htin Handled b Officer Ambulance Call 4 Breathin Problems Cleared b Fire Ambulance Call 3 Sub'ect Fell Down Cleared b Fire Ambulance Call 1 Sub'ect with Abdominal Pain Cleared b Fire Ambulance Call 1 Diabetic Sub'ect Cleared b Fire Ambulance Call 1 Sub'ect havin a Seizure Cleared b Fire Ambulance Call 1 Sub'ect with Chest Pains Cleared b Fire Misc. Assistance 4 Warrant Service Re ort Filed Misc. Assistance 3 Warrant Service Handled b Officer Misc. Assistance 4 Warrant Checks Handled b Officer Misc. Assistance 4 Welfare Checks /Health Related Handled b Officer Misc. Assistance 2 Sus icious Peo le Outside Handled b Officer Misc. Assistance 1 Missin Adult Handled b Officer Misc. Assistance 1 Welfare Check /Suicidal Sub'ect Mental Health Re ort Misc. Assistance 1 Sus icious Vehicle Handled b Officer TOTAL 52 RECOMMENDATION: For Informational Purposes. ACTION REQUESTED: For Informational Purposes, no action required. Page 1 of 1 Jeanne Schneider From: Bdubuquej@aol.com Sent: Wednesday, September 14, 2005 8:21 AM To: jschneid@cityofdubuque.org Subject: Boarding house vote Mayor, Councilman, and City manager: It is with great sadness I write this e-mail regarding Michele Mihalakis's boarding house. I am concerned about this being passed for the following reasons: 1. How true to her word is Michele. I've talked to people who rent off her and she is very slow at doing repairs and otten times the people who rent take care of it. 2. She helped start her coffee shOp downtown and she is no longer actively involved in it. 3. She stated it is a low crime area. I don't know who she talked to but we have the police in our neighborhood at least 3 to 4 times a night and that is just the street I live on. I am not saying Michele is a bad person or that her idea is a bad. Its just that I live down here and the climate of the area has changed in the last year, I know that people are scared down in this area and they feel that this might add a negative effect on the climate down here. I ask of this city council that usually hears the voice of the people to please reconsider your votes. What guarantee do we have that Michele will stick with this project and that the next person would uphold her "standards." Thank you for your time and consideration. Sincerely, Laurie Bartolotta 2104 Kniest Dubuque IA 557-6273 ~. " ,- , '.! I ,'__" ~.- 09/14/2005 ~ .... . Prepared by: Laura Carstens. City Planner Address: 50 W. 13th St.. City Hall Telephone: 589-4210 ORDINANCE NO. 55-05 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2080 ELM FROM R-2A ALTERNATE TWO-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-2A Alternate Two-Family Residential District to OR Office Residential District to wit: Lot 1 of 2 of 1 of 2 of 2 of 2 of 3 of 10 and part of Lot 1 of 1 of 2 of 3 of 10 Kniest Subdivision 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 ~ommission 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 19th day of September 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk IfW ~ @ ~ ~ w ~ rm IJl) J U L 5 2005 l.!!J CITY OF DUBUQUE PLANNING SERVICES DEPARTMENT June 29, 2005 To Whom It May Concern This Letter is to express my full support for Michelle Mihalakis as she seeks to build an SRO for women. Affordable housing for women and women with children is desperately needed in our community. When Maria House opened almost 5 years ago, it provided an unmet need for transitional housing that, until then, was not served in our community. Women can stay at Maria House for up to two years. Oftentimes, because of the communal living arrangement at Maria House, with shared kitchenlbathl1iving room, women leave before they receive their Section 8 housing voucher. There is very little affordable housing for them to move to. In addition, they still need supportive services. The SRO project that Michelle Mihalakis is proposing would be the perfect solution for our single women who are moving out of Maria House into the community or women could be referred there, initially, when Maria House is full. SROs are much more affordable than one- bedroom apartments, and supportive services would be offered on-site, as they are at Maria House. These services would include budgeting, emotional support, referrals to substance abuse treatment, mental health services, DHS, domestic violence referrals, etc. Through these services, women will develop and skills and self-esteem necessary to become independent, self-sufficient and financially responsible. Maria House fully supports Michelle Mihalakis as she seeks to build an SRO for women. We will work closely with Michelle as she gets this project off the ground. A shared philosophy of assisting women in developing skills and self-esteem is crucial to becoming a productive member of society. If you have any questions or if I can be of any assistance, please do not hesitate to call me at (563) 582-7480. Sincerely, ~~~ Michelle Brown, LBSW Executive Director We, the undersigned, oppose the rezoning proposal at 2080 Elm Street for the following reasons: 1. Increased demand for on street parking 2. Increased traffic on Elm Street and Lincoln Avenue 3. Safety at the intersection of Elm and Lincoln Ave.nue 4. Increased noise in the neighborhood 5. Increasing number of people living in a residential area 6. Lack of a neighborhood park or recreation area 7. Diminished property values Name Address Date 1. ~~~ ::1"'19 Ck 7 ~3o _a:r :~:J::;-::~~:;r JL. l~~ts~ 4. ~ <j{~ '-/ /9 L;~Ir<J $-6/-05 5. ~ /1 tV~ 0(t?5"g ~S:I- ,g-o,J..-CJ 5 6. 7. 8. 9. 10. 11. 12. 13. 14. ~.. /;; J1' /} . .'. ~;:r ~- l.'~. -:::; ~'~v1 p ')i.) . U 11 - . (/ ( ~~~)t.L(Z-r--vc~-J ~ -;..I..ii - S7J J/.eJ . I JZI... ~~J ~~J;;: +,...... -.5 d--JO '" ( / I ~ ~~. h~~vd'; 6.~ !f~aaLc20~~.kJ- tf~,,- -n {Tl. ~ t;/ J ~ ~ a:L, dJ... O):b1h,,/L.W~ ;;{)~ '. V ~ ~ 1;:; ~ :tiu.;f~ t'Yt 7k " .'~ ~ 7lZ<J~ O~'-~~ / ~JO~.~-r: h:3a(?Jn. 0>1, ~ 3/ ~ccJ ~-:-"--'l.~O:::-~ dtH~1 ~ ~ t: ~ P';r ~...~ '& ffi.. '0 U , " r/ rJ dk-c2U- ~ ~~~,' '-'-/. , ~ d- I.d 2~ ~ ~ {VJ- ~';'/ ~ /A.41.. ~~d~.,~~~,5~ ~.~ q ~~~ .~~ i ~~ fCo."~ fl.e ~ j}u.u_t-~ ,~~ 2.-~ ~ /Uu $~~ ' JI~~~.~,~~ ~~d.J~<<fJJ ~,~~'~"" ~~ ;A~~ u~ ~~_Y/.A.--~ ' Jl .d-Cu.ek J.-~ ~ CCA.R~ 6>. ",. . n., '''l.,. I ~T . If .........'-"'- u,-,~/1.-C'-~/ ~ /{..~ ~ o-z. C!.-<~.~ ~ a..-c.e. /u-L C!-,:~ a;t., ~21 ' , I · Yi.d i<<'7.~ &rr.' """ v. cl , (). r; ~.' I. ~ /~ /L~~)7 e;7 ~/~"';Lt2-t.. ' LP29.e~ . -. ~,t7 (;3 V{/V ~ t!J;;/J, ~ ~.~ , ~!~~)~ . C&~, fl~,~.fLL~~ ;WE7~ 1~ c~~'~. . - .' ~ ~__~,J, k@.~~ \6)~~~ow~rm 1m AUG"., 1 2005 W CllY OF DUBUQUE PLANNING SERVICES DEPARTMENT P~~nning Services Director City Hall 50 West 13th Dubuque, Iowa 52002 \D) ~ ~ ~ n Vi ~ .r::;'i' U\l JUL 2 1 2005 \ l1V This correspondence is sent in reference to the reque CITY OF DUBUQUE P NING SERVICES DEPARTMENT Michala~is/Gronen to have the property locatec at 2080 Elm to Moderate Density Multi-Family or Office Residential District! My position as the property owner of several propertys within 100 feet of the change in question is based on this as.to my position not to allow a change in zoning! In the past on several occasions I attempted to have my property at 2060 Elm rezoned in order to have a storage unit built to store show motor vehicles and was denied by the board, I again attempted to build a smaller unit and again denied zoning or permits! Being a city employee at the time I was not sure if I was being disc~iminated against and was unable to get an~ action or aggression. I do not understand what is in it for me and my neighbors! More people, traffic activity, par~ing loss and overal conflict with and area that is strictly residential and should remain that way! Am I to believe that that consideration to be given permission as to zoneing change and permits y~build a building that has inadequate par~ing according to the code and as~ for set back consideration that creat~ a very hazardous traffic intercection blind spopt. Check the past accidents that have taken place there and will only continue to create problems! All propertys ma~ing improvements in that area have to conform to the standards of the Historical Preservation Dept and any new building should conform! I feel this building if built will make my property less valuable and less appealing by being boxed in by a large commerical building in a residential destrict! When Winger Construction it was with my understanding that my property would also be included in the change! Check out the minutes and again see my shortcommings with the commission! Let them play with the cards they were dealt and avoid preferencial treatment. Than~s for your interest, fairness and protection for equal treatment! Than~ you. Milt Boyes Planning Services Department City Hall 50 West 13th Street Dubuque, Iowa 52001-4864 (563) 589-4210 office (563) 589-4221 fax (563) 690-6678 TOD planning@cityofdubuque.org www.cityofdubuque.org D~ ~~~ August 8, 2005 n ,_0__." '_:i .. f.... ) ;"'"j The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 , 0: RE: Rezoning Applicant: Michelle Mihalakis/Gronen Properties LLC Location: 2080 Elm Street Description: To rezone property from R-2A 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 proposed zoning use of the site for a women's only SRO, availability of parking and the need for th~ proposed housing. Staff reviewed surrounding zoning and land use and on-street parking restrictions in the area around the proposed rezoning. A letter of support was submitted. There was one speaker who provided a petition in opposition to the rezoning. Concerns cited included lack of parking, traffic congestion, lack of green space and loss of property value. Two letters of opposition were submitted by adjacent property owners. The Zoning Advisory Commission discussed the request, reviewing past use of the property as a church, availability of both on and off-street parking and surrounding land use. Recommendation By a vote of 7 to 0, the Zoning Advisory Commission recommends that the City Council approved the request. A super majority vote is needed for the City Council to approve the request, as written objections comprised 24.75 percent of owners of property within 200 feet. Respectfully submitted. ~~/~ Jeff Stiles, Chairperson Zoning Advisory Commission cc: David Harris, Housing & Community Development Director Service People Integrity Responsibility Innovation Teamwork Du~~ ~~~ 1)..0 e. :s v \""y s;- o '~1M l-,'4,,,..t.."'-V -Z A-<- ~t}T ~ 3 Ce . Oty of DUDuque C;L {o.Jo4.c.: \ Av)I> ~ '~O ?~Ianning Services Department 'I ~ Dubuque, LA 52001-4864 Phone: 563-589-4210 Fax: 563-589-4221 PLANNING APPLICATION FORM o Variance DConditional Use Permit DAppeal o Special Exception DUmited Setback Waiver ErRezoning DPlanned District DPreliminary Plat DMinor Final Plat DText Amendment DSimple Site Plan o Minor Site Plan o Major Site Plan o Major Final Plat DSimple Subdivision DAnnexation DTemporary Use Permit DCertificate of Economic Non-Viability DCertificate of Appropriateness DOther: Please tvoe or Drint leoiblv in ink Property owner(s)>.J;/v1 (j,O/}e/) (d,Rariel7 frrrlit1S Ue.. Phone: 510 3- 557, 70/u Address: eO (!;ox ~'&'Cc'2._. Oty: l)u-b.~ State:.LA Zip: 52-004 Fax Number: ,% 3..... h1'{) - / (0 10 Mobile/Cellular Number: 5 b 3 ~ 2/3 -0 D /3 Fax Number: Phone: {71". -/3 75:..- State~Zip: c~7~1 ber:Si[Fj - d4(7/7 Applicant! Agent: e- Address: ~~ ~t?-1~f.tJf\ Site location/address: .P-08'a &/ m ~~ il- Existing zoning: L~z.Jt Proposed zoning: of(. Historic District: ;V" Landmark: ;V~ Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): /6.211.2 Un .0 lip 2. 3. Property Own \ Applicant; Agent: -..... Date: Date: 7 )~~S-- I' I R FFICE USE ONLY - APPLICATION SUBMITTAL CHECKUST Fee~"300 Received by: lv\.V{/I\'~OI1 f- Date;1.'j.os Docket: DSite/sketch plan 0 Conceptual Development Plan o Photo DPlat Dlmprovement plans DDesign review proj~ desoiption DFloor plan o Other: Q) c o N Q) 0:: Q) ..0 o .... m Q) I- <( "'C Q) en o 0- o I- Cl. I ~:.... 0:: 1::::l0 ~~ 0 o ~- 1-...._ . 0.'- 0 - en._ 0 Q) c: ~ 'C -Q)CJ)- '- 0'- en o 0'- NO) 0 Q)-ro- I- ro.- ro o I- -.- L-O)C:c r--oO)O) 0:0-0 c: -=::: en .- 0":::::: 0) en ~('t')0::Q) a. I 0:: .- 0:: ~ I- _..., o .- '" en E E,o Q)oro~ oJ=u.O ~1 ~ f ....... en ~ ro ro ~(J ~-l Q)-l =en 0) Q) ..c: .- 01:: .- Q) ~o. o I- ';"';0.. c: ro c: o Q) ~c: 0.0 0.1- <(<.9 >- ?- m "'C c :J o CD 0) c c o N >- .... c. CU :E ~ ..... .- .... Q) Q) I- .... en E w o co o N r:: .- CJ .- > () c: o ~ ro o o -l <12 rPTID lliiliJ ~ ~ ~ :iL ~ ~ I ,:- \ j JI~ J ! : 4 Ii! / y ... L ~(~C/ f \ ~ -.J , / / / / / / // / ~ l;(\(" l J ~yol..>.+- , REZONING STAFF REPORT Zoning Agenda: August 3, 2005 Property Address: 2080 Elm Street Property Owner: Gronen Properties, llC Applicant: Michelle Mihalakis Proposed land Use: Multi-family Residential Proposed Zoning: OR Existing land Use: Vacant Existing Zoning: R-2A AdJacent land Use: North - Residential East - CommerCial Service South - Residential West - Residential Adjacent Zoning: North - R-2A East - CSc South -R-2A West - R-2A Former Zoning: 1934 -Business A; 1975 -C-2 1985 - R-2A Total Area: 9,800 sq. ft. Property History: The property was initially built as a church in 1902 and served as a church or storage building until it burned down in 2001. The property has been vacant since the fire. Physical Characteristics: The property is a level 9,800 square foot lot with approximately 91 feet of frontage along Elm Street and 106 feet of frontage along 21 st Street. There is currently a curb cut access on the east portion of the property from the 21 st Street frontage. Concurrence with Comprehensive Plan: Housing Goals of the Comprehensive Plan state, liTo promote mixed i('\come, mixed rental housing development." Land use and Urban Design Goals state,"To encourage the concept of mixed use development to diverse and self-sufficient. neighborhoods, and to buffer aDd protect incompatible uses from each other." Impact of Request on: Utilities: Existing utilities are adequate to serve the site. Traffic Patterns/Counts: lOOT 2001 average daily traffic counts indicate 8,500 vehicle trips per day along Elm Street one block south of the subject property at Five Points intersection. lOOT counts, however, do not indicate how much of this traffic flows north past the subject property. A 20-room rooming house tends to generate low traffic volumes relative to other multi-family residential development. 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, and that storm water conveyance from the parking area is designed as per City standards. Rezoning Staff Report - 2080 Elm StreetPage 2 Adjacent Properties: Currently the parcel is vacant and has been an enforcement problem regarding weeds, trash and a deteriorated building. The addition of a new 20- room boarding house here would increase the value of the subject property and have a slightly positive impact on the adjacent properties. The positive effects of redevelopment of this property may be offset; however, by the slightly additional demand placed on parking, traffic and increased density. Building heights in an OR district are limited to 40 feet and building heights in the adjacent residential properties are limited to 30 feet. CIP Investments: None proposed. Staff Analysis: The applicant is proposing to rezone an approximately 9,800 square foot corner lot at the intersection of 21st Street and Elm Street from R-2A Alternate Two-Family Residential to OR Office Residential. The lot accommodated a church until 2001, when it was destroyed by a fire. The building was subsequently removed from the lot and the lot has been vacant since. The applicant is proposing to create a 20-room boarding house with nine paved off-street parking spaces. The development of a 20-room SRO at this location will represent significant reinvestment in the subject neighborhood and serve to clean up a problematic vacant lot. However, the addition of 20 units at this location will place additional demand on on-street parking and increase the urban density, noise level and activity in this area. The applicant has applied for a variance in parking with the Zoning Board of Adjustment. Eighteen off-street parking spaces are required and the applicant will be providing nine spaces. The applicant has also asked for a variance in setbacks that will position the building closer to both the 21st Street and Elm Street frontages, but not compromise the visibility triangle. Currently, there are single and multi-family residential properties on three sides of the subject property, and a contractor shop/yard on the fourth side. There also is a contractor shop along Elm Street one lot removed from the subject property, and a gas station/convenience store at the corner south of the subject property. Staff recommends the Zoning Advisory Commission review the criteria established in Section 6-1.1 of the Zoning Ordinance regarding granting a rezoning. Prepared by: Cr-.I-IEt-"I6-.l~IReviewed: ,11 t I Date: 7-ZbC5 .~ . l '-" We, the undersigned, oppose the rezoning proposal at 2080 Elm Street for the following reasons: 00 ~ @ ~ 0 WI ~ @ 1. Increased demand for on street parking ,,0 n 2. Increased traffic on 8m Street and Uncoln Aven~e AUG 1 5 2005 U 3. Safety at the intersection of Elm and Uncoln Avenu CITY OF DUBUQUE 4. Increased noise in the neighborhood PLANNING SERVICES DEPARTMENT 5. Increasing number of people living in a residential area 6. Lack of a neighborhood park or recreation area 7. Diminished property values .' Date '7 -- 3 0 - l3 ...,)-- 12. 13. I 14. e I~~u)f D tlv \ (.:) ra. k.- ~ - 1 Z. J ~ August 15,2005 Honorable Mayor and Members of the City Council City Manager This letter is to serve as support for Michelle Mihalakis concerning the purchase of the empty lot at 21 st and Elm Streets. Gronen Properties purchased this lot due to the fact that it was an unkept site with existing foundation remains. It was our goal to clean up the site, which we have done, and have been waiting to find the right use for it. We believe what is proposed will serve a need in the neighborhood as well as provide a good investment. This area is in need of investment and well-managed, quality affordable housing. Michelle's track record proves that she will do a good job in design and management. As a large property owner in the area, we would not sell this site to her if we didn't believe it was in the best interest of the neighborhood. We believe her project will enhance the neighborhood and not detract from it. Your consideration of our comments will be greatly appreciated. Please don't hesitate to contact me with any questions or concerns. Thank you for your time. John Gronen Gronen Properties, LLP DO ~Q}. 1862 - DU~UQUf - lown - 52004-1862 - DMOnf 565-557-7010 - ffiX 557-690-1610 ~B~E ~~~ MEMORANDUM August 15, 2005 TO: FROM: Jeanne Schneider, City Clerk Laura Carstens, Planning Services Manage~ SUBJECT: Percentage of Opposition to rezoning at 2080 Elm Street Planning Services staff has reviewed a petition and letter submitted on August 15, 2005, by neighbors in the Elm and 21st Streets area expressing opposition to a proposed rezoning of the property located at 2080 Elm Street. The applicant has proposed to rezone the property from R-2A two-family residential zoning district to OR Office Residential zoning district. The Zoning Advisory Commission recommended approval of the rezoning request at their August 3,2005 meeting. The petition and letter contain 15 names of neighbors within 200 feet of the subject property that are opposed to the rezoning. This represents 50.46% opposition to the rezoning. Therefore, a super majority is required for City Council approval of this rezoning. This memo is provided for your information. LC/mkr Cc: Michael C. Van Milligen, City Manager Barry Lindahl, Corporate Counsel