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Request to Rezone_2995 Asbury Road, BasslerPlanning Services Department City Hall 50 West 13th 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 Dubuque blerd iAmsdce ; X111 2012 THE CITY OF Dust Masterpiece on the Mississippi November 9, 2012 Applicant: Louis and Irene Bassler Location: 2995 Asbury Road Description: To rezone property from R -1 Single- Family Residential to OR Office 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 requested rezoning, proposed use of the property, off - street parking lot, surrounding commercial uses in the neighborhood, and proposed turnaround access to Asbury Road. Staff reviewed the staff report, noting surrounding zoning and land use, allowed uses in the OR Office Residential District, traffic counts, parking requirements and layout, and existing access to the property. There was one verbal and two written public comments in support of the rezoning. The Zoning Advisory Commission discussed the request, noting the location of nearby commercial business. Commissioners reviewed proposed parking and access to the property, expansion of commercial uses in a residential area, and the lack of neighborhood objections. Recommendation By a vote of 5 to 1, 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, Charles Miller, Chairperson Zoning Advisory Commission Service People Integrity Responsibility Innovation Teamwork )1_JBleff-- I JE i'.41:41Prickikcir oc! ElVatioace ▪ CcorlitinerAl UsePerMit D APPeal CISresial !Exception. EI»ii Setback Viaival- BtezedingtftlID PLANNING APPLICATION FORM ElPrelireinaly Plat allajor Faro! Plat Drtor Fumal Plat ElSingge. Site Plan OPItror Ste Nan OPlajor 5ite Eb 05r1f102 Dr eprk Ainentinikeik Orernporary Use Permit likoh-rookien DAMotic OlhiMosic naming Grant !Pkase tame or in l'enibllAr in ink ./Placiperty cogleff(s):: a,AA. itf‘e PV2.. a 1,er phopm. 6co s 5ci4z r-Ridilre&s: 13-1-14- S Lu-re9 Lae- c 'Du-Y.)1U suael -1Pt zp4 5 2o2 Fax t; c63 -590-8710 cell #1 S(23 - q - 1-2_ &mail vv:irdaj out ic) 9maiii. App1irJPt s. av■c\- Ire jc Plow .5 L2.1 — 6 05,4.0 Address: 1 Yfl4 -SULYYZij cit: _bu-b\Atua.— State: ___Zp Fax tt-'156--s (.5%- 8710 Cell irv\ Act OtA. C3W\ C-43--)1/1 Site katiuniaddnessl 2 CA Ci 6 Ptsbtuj Itlelgibouboad Assaciakiarn Edsiing zoning: 1c7 Pal:posed zoning: District ) Landmark: El Yes '&0 Legal Description (Sidwei pare! MO or lot Elgliirdiedbfack number/subtratision)---___ Total property (kit) area (square feet or ames): D >FAcribe proposal and reason •necessary (attach a 'letter of expilanation, if seeded): \Ak are. v- +he rezov\ 6-C -1-4115 propos-4-y -.17) of(2.4.1-ot__ V I I .--c-L-vpi,ftvIcAck.te. te.ase See 'a- ate.c.4 CERTIFICA1E:1M Ihre, the unntreisigned, cfa, hereby certifyfacknowtedge tat; 1-, It is the property owner's respansibility tr.) locate gircpei1yires and to revim the abstract For easements and restrictive covenants. 2. The iinfeernation submitted herein is tare and conect he best of mylour knagmledEe, and upon submittal becomes public record; 3. Feps are not mfundafge and payment does nut guarantee approval; and 4. All additinnal required volittvid and graphic rnaterials are anaciteel. City cif Dubuque Pinurting Services. Department. Dubuque, IA S21:101-4605 Wane: S3-9394210 F.an 5.6.3-5E94221 Plannimatitvaaibuoue.em OCertificate.of Appropriateness EIALLismy Oes3gri Re4iew (PUblic Praiieas) parbicate.ofErmornic VTthIitj DHic ll)gig ration DICIarnolition m Cumming:ion: Distrikis- DP:m.4 Dubuque 'Des** lltettiew Oo (1.0h,-) Property Ownerfs): q- ApplicantlAgent Date: FOR OFFICE OUSE — APPLICATION SUBMITAL allECRLIST Feefi3%.° ° Received 'by: ( - Datet 1 -ze— IE17;b DATE: September 29, 2012 RE: Rezoning Application Applicant: Louis and Irene Bassler Property: 2995 Asbury Road Dubuque, IA 52002 Describe proposal and reason necessary: We propose the rezoning of this property in order to operate a natural health and acupuncture (medical) clinic. A clinic of this nature requires a small office space that is handicap accessible that also meets our needs regarding the ability to control environmental factors such as air quality, exposure to chemicals, and separation from adjacent properties. We believe this zoning is appropriate for the property as it can serve as a transition from residential zones to the south and east and the commercial zones to the west and north. // 7• /0 ZAG Me TO: Dubuque Planning Committee DATE: November 7, 2012 RE: Consideration of rezoning 2995 Asbury Road property FILED BY: Louis and Irene Sassier and Bryan and Katie Blair PARKING: see attached • A driveway from Avalon St. into the parking area with 3 -4 spaces, one being handicap accessible. ® A turn around space next to the driveway would allow the two spaces on Asbury the ability to drive onto Asbury without backing out onto Asbury. We believe this will provide a much safer situation than is currently available. ® We plan to place some type of Rain Garden or Bio Swale next to the parking area to provide for storm water control from the parking area. ® In keeping with the neighborhood "feel" we will plant tall grasses and flowers or shrubs along the parking area. HANDICAP ACCESSIBILITY: • We will place a handicap ramp from the current front door to the parking area. This has been preliminarily assessed as adequate space for a ramp. SIGNAGE: ® There will be a small business sign smaller than the 16 square foot wall mount or 40 square foot free standing sign that the city now allows. Our preliminary thought is a small wall mounted sign next to the front door. LIGHTING: ® We do not propose large parking area lights that will stay lit during the evening /night hours. Our intention is to use lighting mounted on the side of the home for safety walking from the parking area to the front door, This would be similar to any lighting that is used around any home to provide safety during the evening/ night hours. /tea D,..-J- of /1. 7• /.Z ZAG NI EETi/yG- Note: Photographic site image taken from GoogleMaps, dimensions approximate and shown for schematic planning purposes only. All dimensions shall be field verified prior to construction. Plan Keynotes: 1. 8' Wide Van Accessible Parking Space 2. Accessible route (less than 2% slope), concrete path 3. Accessible entry with lever -type door handles 4. Rain garden/ Bioswale for stormwater runoff management 5. Additional parking /turn- around for safe traffic entry on Asbury Site Plan 1" = 20' -0" 11 /6/2012 10:36:42 PM Proposed Re- Zoning of 2995 Asbury Rd. To Office Residential Louis Bassler Site and Exterior Accessibility Plan Project number 000001 Sheet 1 Date 11/07/12 Drawn by BJB Checked by LEB Scale 1" = 20' -0" 11 /6/2012 10:36:42 PM Base Data Provided by Dubuque county coin THE CITY OF 1 J biatig DUB E Dubuque Masterpiece on the Mississippi 2012 Vicinity Map Applicant: Louis and Irene Bassler Location: 2995 Asbury Road Description: To rezone property from R -1 Single- Family to OR Office Residential Legend 2995 Asbury Road - Subject Property Zoning District Boundary Path: H:1PIanning ServicesWicinity Maps1ZAC Vicinity Maps\projects \Vicinity Map 10 -15 -2012 2995 Asbury Road.mxd REZONING STAFF REPORT Zoning Agenda: November 7, 2012 Property Address: 2995 Asbury Road Property Owner: Louis and Irene Bassler Applicant: Same Proposed Land Use: Office Proposed Zoning: OR Existing Land Use: Residential Existing Zoning: R -1 Adjacent Land Use: North — Institutional Adjacent Zoning: North — R -1 East — Residential East — R -1 South — Residential South — R -1 West — Commercial West — C -2 Former Zoning: 1934 — Two - Family 1975 — R -2 1985 — R -1 Total Area: 7,700 sq. ft. Property History: The property was originally subdivided as part of the Siegert Avalon Place Subdivision and a single - family ranch home was built at this location in 1951. Physical Characteristics: The subject property is a relatively level 7,700 square foot corner lot located at the intersection of Asbury and Avalon Roads with approximately 186 feet of street frontage. The property currently accommodates an approximately 2,000 square foot ranch -style home with single driveway access from Asbury Road. Concurrence with Comprehensive Plan: The Comprehensive Plan calls for this area to remain single - family residential. Impact of Request on: Utilities: Existing utilities are adequate to serve the site. Traffic Patterns /Counts: 2009 IDOT Annual Average Daily Traffic Counts indicate 12,800 vehicle trips per day along Asbury Road directly west of the subject property. The conversion of a single - family home to a small medical office at this location should have very limited impact on the overall traffic patterns or counts at along Asbury Road or Avalon Road. Public Services: Existing public services are adequate to serve the property. Rezoning Staff Report — 2995 Asbury Road Page 2 Environment: Staff does not anticipate any adverse impact to the environment as most of the renovation of this structure will be internal and a small parking lot addition should have limited impact. Adjacent Properties: Conversion of the subject single - family home to an office use, because of the limited lot size and parking requirements, should generate little traffic, demand on parking, noise and activity. Therefore, the proposed use should have limited impact on the adjacent residential properties. Parking: Any additional parking added would be accessed from Avalon Street approximately 60 feet from the intersection with Asbury Road and directly across from a commercial building at 3003 Asbury Road. Therefore, the proposed office should have limited impact on adjacent properties. CIP Investments: None proposed. Staff Analysis: The applicant has purchased a single - family ranch -style home at 2995 Asbury Road that is currently zoned R -1 and is asking to rezone to OR Office Residential to enable him to create a small medical office at this location. The property is bordered by two single - family residences to the east and south, and located across Asbury Road from the Sisters of the Presentation campus. The property is located across Avalon Road from a commercial building at 3003 Asbury Road. The applicant's intention is to convert the existing approximately 2,000 square foot single - family ranch -style home into a small medical office with one medical practitioner and one support staff. The applicant wants to add three off - street parking spaces which will include one van accessible space and two standard parking spaces. There are also two additional off - street parking spaces — one in the existing driveway off Asbury Road and one in the single -car attached garage. Conversion of this residence to an office use, because of site constraints and the limitation posed by off - street parking requirements, should have limited impact on the adjacent properties. Medical clinics or small office uses should generate very little additional traffic relative to the traffic that currently flows along Avalon and Asbury Roads. Office hours are generally limited to morning and afternoon weekdays. There should be very few vehicles entering and exiting the proposed parking lot. A parking lot at this location will also have to be set back from the adjacent property and adequately screened as per City of Dubuque Unified Development Code Standards. Staff recommends that the Commission review the criteria established in Article 9 -5 of the Unified Development Code regarding reclassification of property. Prepared by: .l\ /A_.-i Reviewed: xi/ -- Date: // • /. / Planning Services Department Dubuque City Hall kraal 50 West 13th Street AB-Am erica etty Dubuque, IA 52001 -4864 I I I l (563) 589 -4210 phone I I (563) 589-4221 fax 2012 (563) 690 -6678 TDD planninga,citvofdubuque.orq THE CITY OF DUB Masterpiece on the Mississippi NOTICE OF PUBLIC HEARING The Zoning Advisory Commission will hold a public hearing on proposed zoning changes and /or development plans in your neighborhood. The public hearing will be held: DATE: November 7, 2012 TIME: 6:00 p.m. PLACE: City Council Chamber, Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa At the public hearing, all interested parties may present oral and written comments for or against the following proposal: APPLICANT: Louis and Irene Bassler LOCATION: 2995 Asbury Road PROPOSAL: To rezone property from R -1 Single - Family Residential to OR Office Residential. Additional information is available during regular business hours at: Planning Services, City Hall, Second Floor, 50 W. 13th Street, Dubuque, IA 52001, telephone (563) 589 - 4210. Written comments may be sent to the Zoning Advisory Commission at this same address. Please note: Zoning Advisory Commission meetings are televised on City Cable TV Channel 8. \d) ,17,7 1 Service People Integrity Responsibility Innovation Teamwork 2728 Asbury Road Dubuque, Iowa 52001 October 20, 2012 Dear Zoning Advisory Commission, Hello, I am writing you with an opinion regarding The Louis and Irene Bassler zoning request to rezone their property located at 2995 Asbury Rd. I do not know the Bassler's and have never discussed their rezoning request. I feel that their request is very appropriate with regard to the trend of the neighborhood, particularly bordering current C -2 zoning and OR zoning. I thank you for your volunteer commitment serving on the Zoning Advisory Commission. Tom Kane Owner Fountain Park Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210 Return to: Kevin Firnstahl, City Clerk Address: City Hall, 50 W. 13'h St Telephone: 589 -4121 ORDINANCE NO. 57 -12 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2995 ASBURY FROM R -1 SINGLE 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 Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter described property from R -1 Single Family Residential District, to OR Office Residential District, to wit: Lot 1 Siegert Avalon Place, 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. law. Section 3. The foregoing amendment shall take affect upon publications, as provided by Passed, approved and adopted this 19th day of November Attest: Kevin . Firnstahl, Ci y (MIFF- Roy D. B D. 4,/ Mayor 2012. OFFICIAL PUBLICATION ORDINANCE NO. 57 -12 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLASS- IFYING HEREINAFTER DESCRIBED PROPER- TY LOCATED AT 2995 .i. ASBURY FROM R -1 SINGLE FAMILY RESIDENTIAL DIS- TRICT TO OR OFFICE RESIDENTIAL DIS- TRICT. 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 here- •nafter described pro- ; perty from R -1 Single Family Residential Dis- trict, to OR Office Residential District, to wit Lot 1 Siegert Avalon Place, and to the centerline of the adjoining public right - of -way, all in the City of Dubuque, Iowa. Section 2. The fore- going. amendment has heretofore been review- ed by the Zoning Advisory Commission of the City of Dubuque, Iowa Section 3. The fore- going amendment shall take affect upon publications, as pro- vided by law. • Passed, approved and adopted this 19th day of November, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Published officially in the _ Telegraph Herald newspaper on the 23rd day of November, 2012. /s /Kevin S. Firnstahl, City Clerk It 11/23 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: November 23, 2012, and for which the charge is $14.42. Subscribed to before me Notary Public in and for Dubuque County, Iowa, this 1"7j» day of � , 20 /, Notary Public in and for Dubuque County, Iowa. MARY K. WES"i ERMi YER Ci Comml :;slo in r 15;;.38-. 2QZ. Planning Services Department City Hall 50 West 13th Street Dubuque, IA 52001 -4864 (563) 589 -4210 phone (563) 589 -4221 fax (563) 690 -6678 TDD planning@cityofdubuque.org Louis and Irene Bassler 13774 Surrey Ln Dubuque IA 52002 Dubuque bard *America City 11lir 2012 RE: City Council Public Hearing — Rezoning Request Dear Applicant: Masterpiece on the Mississippi November 8, 2012 The City Council will consider your request to rezone property located at 2995 Asbury Road at a public hearing on Monday, November 19, 2012. Please attend this meeting, or send a representative to the meeting in your place to present your request and answer questions. City Council meetings begin at 6:30 p.m. in the City Council Chamber, 2nd Floor, Historic Federal Building (Post Office), 350 W. 6th Street, Dubuque, Iowa. Please contact the Planning Services Department at (563) 589 -4210 if you need more information or have any questions. Kyle L. Kritz Associate Planner Enclosures cc: Kevin Firnstahl, City Clerk Service People Integrity Responsibility Innovation Teamwork CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE is hereby given that the Dubuque City Council will conduct public hearings at a meeting to commence at 6:30 p.m. on Monday, November 19, 2012, in the Historic Federal Building, 350 West 6th Street, on the following: Rezoning Request from Louise and Irene Bassler to rezone property located at 2995 Asbury - Road from R -1 Single- Family Residential to OR Office Residential. Amended Institu- tional District Request from the University of Dubuque, 2000 University Ave - nue, . to amend the Institutional District Campus Plan to change an outdoor practice field into an indoor practice facility. Copies of supporting documents for the public hearings are on I 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 TTY (563) 690 -6678 at least 48 hours prior to the meeting. Kevin S. Firnstahl City Clerk It 11/10 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: November 10, 2012, and for which the charge is $19.53. Subscribed to before me Notary Public in and for Dubuque County, Iowa, this lam day of , 20 /Gt. . Notary Public in and for Dubuque County, Iowa. A x MARY K. WESTERMEYER Commission Number 154885